When We Are Not The Right Lawyer For You

Chances are if you are unhappy with how your Illinois Workers’ Compensation attorney is handling your case, it may be because they should not have taken on your case in the first place. Most attorneys are well-intentioned, but if they take on every case that comes in the door, they may not be serving the clients well. We will not represent everyone that comes to us, and in particular there are two scenarios where we are not the right fit for you.

1. If your injuries are minor, relatively speaking, your case is not one for us. Most minor injuries, like contusions and finger sprains, are fairly easy to treat, and also fairly easy to have the bills paid by the insurance company. 

 

Our resources, on the other hand, are better devoted to workers with injuries that are more significant and who really need our help and our protection. These injuries are the kind that can affect a person’s health and/or employment for the rest of their lives. Taking all the proper and timely steps could be essential to their case. Our time and resources are well-placed helping people in those situations. We don’t want to be spread too thin to the point where our client is not getting what they need from us. 

 

2. If someone wants to try to exaggerate or fake a claim, we are also not the right attorney. While most attorneys are honest and will not represent a client that they know is a liar, some attorneys don’t necessarily care about honesty. 

 

The workers’ compensation system is so critical to helping injured workers, that it is important to try to prevent the small number of dishonest workers from casting a shadow of doubt over the whole system which is mostly good and trustworthy. We will not represent a client if we believe he or she is not being truthful. And if we discover along the way that a client is lying about something, we will not continue the representation.

 

By representing clients that we trust, and who are trusting us to help them through a serious and difficult time in their lives, we are able to form the most successful partnership together in pursuing their workers’ compensation cases.  Also, if we (or any other lawyer) represents a liar and gets the reputation for helping clients who aren't honest, it will hurt the clients who really are injured and need help.

 

Please don't let this post discourage you from contacting us.  We just want to be clear that we won't take every case and that it is  for the benefit of the clients we do represent.

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our statewide network of attorneys.  Contact us and we will answer your questions or find the right lawyer for your situation.

Illinois job injuries and diabetes that stops you from getting better

A recent Illinois workers’ compensation case brings to light an area of medical benefits that are often available, but lesser known. That is, where a medical condition needs to be treated but was not caused by the work accident, though it is necessary to correct in order to treat the injury that was caused by the work accident.

In this case, a worker was able to receive medical benefits for treating his weight loss and diabetes. Though neither condition was created by or related to his employment or his work injury, they were impeding his treatment for the work injury. The worker had injured his neck while lifting a heavy object on the job. An attempt was made to alleviate his condition with a nerve block, but his size and stature prevented the success of the procedure. Surgery was next attempted as well, but again, due to the worker’s weight the procedure could not be completed.

 

A second surgery was recommended for this injured worker, and this time the physician recommended preliminary treatment for his weight loss and diabetes, in order to achieve a successful surgical outcome.   The Workers’ Compensation Commission determined that benefits were available to pay for these treatments. Although the work accident did not cause the conditions, treatment of the weight and diabetes were reasonably necessary to successfully treat the injury from the work accident.

 

The Illinois Workers’ Compensation Act entitles injured workers to benefits for all necessary medical services that are reasonably called for in order to cure or relieve the worker from the problems caused by the work accident. This should include all reasonable and necessary medical expenses related to surgery for the injury. Where another medical condition which can be treated is standing in the way of necessary and appropriate corrective measures for the work injury, then the bills to treat the condition should be covered as well.   We have seen other times when weight loss surgeries have been ordered to improve the chances of a back surgery working.

 

Sometimes clearing the road block is a necessary step to traveling down the road. In this scenario, an obstructing but unrelated medical condition should be compensated in order to properly treat the work injury.

 

Bottom line is that there is nothing more important than your health.  If someone tells you no, make sure to get an independent opinion before assuming you can't be helped.

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our statewide network of attorneys.  Contact us and we will answer your questions or find the right lawyer for your situation.

Illinois workers' compensation Arbitrator changes

Fresh off the Commission presses, the press release below shows some big changes happening at the Illinois Workers' Compensation Commission.  This will require some workers and lawyers to travel farther for hearings and should also change the decision making process for downstate workers in hiring a lawyer.  In other words, if you were going to hire a lawyer for Carlinville, you now better get one who is experienced before Arbitrator Tobin in  Decatur.

All of this happened because some Arbitrators were removed due to possible ethical issues.  There is no more money to hire replacements and these moves will also save money on travel and rental times.

____________________________________________________________________________

Chairman Weisz has consolidated some Downstate arbitration territories and made other changes, effective April 1st:

The Belleville call will be closed and consolidated in Collinsville.  Trial days will be added to the call.
The Carlinville call will be closed and consolidated in Springfield.
The Clinton call will be closed and consolidated in Decatur.
All Rockford cases will be heard by Arbitrator Akemann.
The Waukegan call will be moved to the second Friday of each month, with the next seven days as trial days. (except for November where the call will remain on the 1st Friday of the month due to Veteran's Day and Thankgiving holidays)
The Whittington call will be closed and consolidated in Herrin.
The Winchester call will be closed and consolidated in Quincy.

These changes will save travel and rental expenses, and allow fewer arbitrators to hear more cases.  Arbitrator assignments, effective April 1, appear below. 
 

Arbitrator Territory Assignments
Akemann Rockford
Andros Kankakee, Wheaton
Erbacci Waukegan
Falcioni Joliet
Fratianni Joliet, Ottawa
Giordano Peoria
Holland Danville, Galesburg, Rock Falls, Rock Island
Kinnaman Geneva
Lee DeKalb, Woodstock
Mathis Bloomington, Mattoon
Nalefski Herrin
Neal Collinsville
O'Malley Wheaton
Tobin Decatur, Mt. Vernon, Urbana
White Quincy, Springfield


Arbitrators will adopt the existing schedules for their new territories. Any partially tried cases will stay with the original arbitrator.

Revised Downstate calendars will be posted shortly. 

 

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our statewide network of attorneys.  Contact us and we will answer your questions or find the right lawyer for your situation.

 

 

Smoke Breaks & The Personal Comfort Rule

Accidents that happen at work while performing your job duties will likely entitle you to workers’ compensation benefits for your injuries. But accidents that take place while on a break from work, may require a closer look. 

During the course of a typical work day, there are times that workers need to attend to personal needs that are not necessarily prescribed by their job duties. These acts of “personal comfort” include using the bathroom, eating, and cooling off in the heat. Though these activities may not be work per se, they have been considered to be a necessary part of performing work duties, such that accidents that occur during these times can be considered to still be in the course of employment.

Workers using the restroom or eating lunch, are meeting personal demands which are in the interest of their employer to perform. As long as the worker is carrying out those activities in a reasonable manner and not in an unnecessarily dangerous manner, the employment chain will not necessarily be broken, just because the activity taking place does not present like work, in the classic sense.

 

Though the personal comfort activities are considered to be in the course of employment, they need also to arise out of the employment, so that they can be compensable work-related injuries. It is relevant to look at where the activity took place, what limitations existed, and how specific to the employment the risk was—as opposed to a risk that the general public would be exposed to. Where, for example, the company has a specific break room for employee breaks, or where there is one hallway or staircase that the employee can use to get to the required personal comfort location, it is more likely for an accident to be connected to employment in these locations. 

 

A recent Illinois Workers’ Compensation case illustrates these distinctions in compensating break-time accidents. The case involved a woman who was very busy at work, and took a break to smoke a cigarette. The company had a designated smoking area on the floor below her usual work space. There was only one stairway which connected her office area to the smoking area, and the general public did not have access to these areas. The worker fell down the stairs while hurrying to the smoking area and was injured.

 

The act of smoking was considered to be a personal comfort act, which was connected to her employment.   She was not doing anything unreasonable or dangerous in walking down the stairs to get to her break. Further, the company had control over this route, by designating one smoking area, with one stairway. Because the stairway was not open to the general public, the risk of falling on those stairs was greater for the employees.

 

For these reasons, the worker was entitled to workers’ compensation benefits for her injury. This case exemplifies the types of scenarios where workers are not specifically performing job duties, but nonetheless can still be on the job for the purpose of being entitled to benefits.

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our statewide network of attorneys.  Contact us and we will answer your questions or find the right lawyer for your situation.

Five random Illinois work comp facts

Here are five things we think all injured workers should know.

1. Three categories of benefits: There are 3 main categories of benefits that you are entitled to under Illinois Workers’ Compensation law.

·        Medical Expenses—Reasonable and necessary medical expenses are required to be paid by your employer with the goal of returning you to work;

·        Weekly Wage Benefit (TTD)—Based on your doctor’s recommendation, if your medical condition necessitates your not working or returning to work light duty, you may be entitled to a weekly wage benefit. This benefit amount is based on the average weekly wage you were earning at the time of the accident;

·        Permanent Disability Benefit—When a significant period of time has elapsed without substantial improvement, you may be entitled to benefits which compensate you for the partial or complete loss of the use of your body. The Workers’ Compensation Act sets out the rate of pay for these permanent disability benefits.

 

2. All workers eligible for benefits: Whether or not you are a United States citizen or resident alien, you are entitled to receive benefits for your work injury under the Illinois Workers’ Compensation Act.

 

3. Getting started: When you are injured at work, you have some time restraints according to Illinois Workers’ Compensation law, to get your claim going.

·        Your accident should be reported to your supervisor immediately, but in no event should it be more than 45 days from the date you were injured;

·        You should expeditiously consult with a medical professional about your injury, and advise that it was work-related;

·        Workers’ Compensation claims must be filed within 3 years from the date of your accident, and 2 years from the date of your last payment of compensation, according to the Illinois statute of limitations deadlines for these claims.

 

4. Appearing at hearings: You are not necessarily required to appear at most hearings while your claim is ongoing. However, sometimes it may become beneficial to appear for a hearing before an Arbitrator to establish the benefits and amounts for your injury.

 

5. Other remedies available: Other than the claim for workers’ compensation benefits, there may be other avenues to compensation for your injury. There may be third-parties that have some responsibility regarding the accident, and that could be liable for your lost wages, future medical expenses, and pain and suffering.

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our statewide network of attorneys.  Contact us and we will answer your questions or find the right lawyer for your situation.

Sometimes bad Illinois employers get punished

It is a felony to not carry workers'  compensation insurance.  That said, a restaurant in the same building as the Illinois Workers' Compensation Commission headquarters did just that.  In the end, it cost them their business.  The following is a press release from the Chairman of the Commission:

On January 4, 2011, the IWCC shut down Steak and Fries, located right in the same building as IWCC offices: 100 W. Randolph St., Chicago

The IWCC gave the employer every opportunity to comply with the law before shutting the restaurant down. The IWCC first brought an enforcement action in March 2009. The owner secured insurance in April and agreed to pay a fine of $15,000. He failed to pay all of the fine, however, and the next April, he failed to pay the insurance premium.

Uninsured employers are deemed a serious threat to public safety and welfare, and the law authorizes the Commission to shut such employers down.

Thanks to Insurance Compliance Division staff for their efforts to make work more safe for workers and the business environment more fair for employers.

So while some bad employers will continue to break the law, it's good to know that when they are caught, there is someone to stand up to them.  Usually it just takes a courageous employee to get things started.

 

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our statewide network of attorneys.  Contact us and we will answer your questions or find the right lawyer for your situation.

 

The benefits of home care.

Some work injuries are so severe, that even after receiving medical treatment or hospitalization, you are still not able to live at home without some help. The range of services needed at home is large, and can include everything from housekeeping help to specialized nursing care. Illinois Workers’ Compensation law allows for some of these expenses to be reimbursed, however it is a much more difficult argument to make when it is a spouse providing those services.

More leniency is allowed for compensating home health care services when someone other than a spouse is involved. A husband or wife is the logical person to help, and is likely who you would be most comfortable with. However, benefits are generally not allowed to be paid for a spouse’s care, unless the services being provided are more specialized than what can be considered “housekeeping services.”

 

The reasoning is that spouses “obligate” themselves to help one another in times of sickness and health, so essentially they are just doing what they are otherwise bound to do, and should not receive workers’ compensation benefits for it. Some examples of tasks that have typically been considered noncompensable household duties are: shopping, preparing meals, cleaning, and laundry. Spouses are performing these services for each other, because of their relationship.

On the other hand, if the services are more nursing in nature, then they are more likely to be compensable. Some of those tasks would typically include bathing and other bathroom and sanitary functions, administering of medication and treatments, pain relief, and therapies.   Where the nature of the injury itself requires certain specific care protocol, it is more likely to be considered compensable services and not “ordinary” home care. 

 

Even where compensation is allowed for the spouse for home health care, the amount of the pay varies. It can largely depend on the skill and training the spouse has, and whether he or she is licensed in the particular area, such as a nurse, therapist, or dietician. If the spouse has specialized training and is performing services in line with that training, the pay will likely be what that profession would pay for any other job. 

 

When a work injury has left you unable to care for yourself at home without help, workers’ compensation law can provide benefits for that help. Who is performing the services, and what the duties are will tell the rest of the story.

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our statewide network of attorneys.  Contact us and we will answer your questions or find the right lawyer for your situation.

 

Changes at the Illinois Workers' Compensation Commission

 

Governor Quinn appoints Thomas J. Tyrrell as commissioner 

Governor Quinn has appointed Thomas J. Tyrrell as commissioner, effective 2/14/11.  After completing a training program, Commissioner Tyrrell will serve as the labor member on Panel A.  Commissioner Mason will move to Panel B.

Commissioner Tyrrell holds a B.A. degree from Lewis University, and a J.D. degree from Chicago Kent College of Law.  For the past 25 years, he has worked as an attorney in private practice.  We welcome Commissioner Tyrrell to the IWCC.

posted 2/15/11

New downstate arbitration assignments announced

Chairman Weisz has reassigned territories, effective March 1st, in the southern part of the state as follows:
 

Arbitrator New Territory
Dibble Bloomington and Mattoon
Nalefski Whittington/Herrin
Neal Collinsville
Teague Springfield,Quincy, and Winchester
Tobin Carlinville, Decatur, and Urbana
White Belleville and Mt. Vernon

Latex allergies at work.

 

Allergies are on the rise, and latex allergies are among the more common types. Exposure to latex in the workplace, particularly with the use of latex gloves, can cause an allergic reaction ranging in severity from mild break-outs to life-threatening episodes.  

 

Injuries that are the result of issues personal to the employee generally do not entitle him or her to workers’ compensation benefits, because they do not arise out of the employment. However an exception allows for coverage where the conditions in the workplace contain an element which exposes the employee to a significant increased risk which would not necessarily be present for the general public. Though not everyone will develop an allergy from being around latex products, if you develop such an allergy after being exposed to latex at work, Illinois workers’ compensation benefits should be available to cover your medical bills resulting from your allergy.

 

Conversely, the opposite result has been found in some cases involving food allergies. Though food allergies can be every bit as severe as latex allergies, Illinois has denied workers’ compensation benefits for injuries resulting from eating a food at work or a work function that contained the allergen. The risk involved in consuming otherwise safe food by someone with a food allergy or sensitivity, has been held to be unrelated to employment and not any more of a risk than the employee would be exposed to when eating outside of his employment. Latex, on the other hand, can be a risk specifically related to the employment environment. 

 

Once the latex allergy is established, your employer has a duty to remove the exposure for you. Often there are alternatives to using latex for gloves and other products. If your employer will not remove the latex from your environment, you should be able to receive compensation for your time off work resulting from the allergy.   Medical bills, regardless of the removal, should be available.

 

If you suspect that you are having a physical reaction to latex exposure, it is very important to get immediate medical attention. An allergist can help to diagnose the allergy, and give you a plan for staying safe in the future.

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our statewide network of attorneys.  Contact us and we will answer your questions or find the right lawyer for your situation.

Illinois workers' compensation experts- which doctor is right?

A worker who had been recovering from an injury contacted us, wanting to know whose doctor has the final say about returning to work full time. His doctor said he was authorized off of work and needed more treatment.  The insurance company IME doctor said he was fine and could return to work with no more treatment.

In short, neither physician is able to make a final, definitive ruling regarding the state of your injury. The arbitrator hearing your case has that ultimate responsibility. However the arbitrator, in order to make a properly-informed and reasoned decision, will weigh the findings and opinions of the physicians’ records, and also the credibility of the physicians themselves.

The reputations of the doctors will likely come into play in evaluating the credibility of their findings. Some doctors are known for routinely denying causation or injury. Others enjoy better reputations, and therefore are more likely to have the arbitrator defer to their judgment. More information regarding the specifics of each of the doctors involved is needed, therefore, to be able to answer the question as to which will be more relied upon by the arbitrator.  You would be surprised how many times someone calls us to complain about an IME doc and we are able to guess who it is based on what the doctor said.  Plain and simple, many of these doctors are just hired guns who everyone knows will favor the insurance company.

 

There are some precautions you can take to better position yourself and your treating physician’s findings, such as care in physician selection. When your insurance company is choosing a doctor for a Section 12 Independent Medical Examination, this so-called “independent” physician is likely a specialist in the particular area of concern. The experience in the specialized medical area could be given more weight by the arbitrator, than your doctor’s experience if he or she is an internist or a primary care physician. For example, if you have a shoulder injury, you would be better served by being treated by a specialist, because I can virtually assure you that your insurance company hired an orthopedist to examine you.

 

If you have had a denial of medical care based upon a Section 12 examination report, you likely need to consult an attorney to help you overcome this problem regarding conflicting opinions of “experts.”  The best thing an attorney can do is get your case ready for trial and show the Arbitrator that your physician is credible and there's is not.

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our statewide network of attorneys.  Contact us and we will answer your questions or find the right lawyer for your situation.

Re-opening an Illinois workers' compensation claim

You go through the process of the Illinois workers’ compensation system for your work injury, and receive an award or settlement. The case at this point, closes and the decision is final. But sometimes a later aggravation of the injury can send you back to try to reopen the process and receive benefits.  

Generally, once a case is closed after a settlement has been approved by an Arbitrator, so too are your medical rights with regard to that injury. But if you can show that you have aggravated the pre-existing condition, you may be able to collect under workers’ compensation. Proving the relation between the new injury and the old accident, though, can be challenging, and it is up to you to be able to show this nexus. 

 

A recent case illustrates what not to do in this situation. A worker had received an award for his neck injury 20 years earlier, and then became symptomatic again while performing tasks at work. He reported the injury to his employer, but problems ensued at that point. 

 

The worker claimed that he had authorization in writing for treatment. But he did not save the documentation, and could not prove that fact later, as the person who sent the authorization was no longer with the company. He began receiving chiropractic treatments. However a later utilization review showed that the there were no daily records from the treatments, no records of the specific tests performed other than general statements of having performed usual tests, and no information in the medical records to show that the worker was benefiting from the many treatments. 

 

The worker, therefore, was not able to sustain his burden to show that his current symptoms were caused by his prior accident. Nor was he able to prove that the chiropractic treatments were medically necessary under the circumstances, as it related to treating the symptoms.

 

Though it is possible to reopen your case after a re-injuring of the pre-existing condition, taking the proper steps to help yourself can be critical. Documenting every step of the process, and creating and maintaining detailed records will be very helpful. Also, involving your workers’ compensation attorney at an early stage of the process can help to advise you along the way before anything is lost.

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our statewide network of attorneys.  Contact us and we will answer your questions or find the right lawyer for your situation.

Traveling employees and deviation under Illinois work comp law

When your job requires travel, accidents could be more likely to happen, in ways that do not always seem like they are related to your duties. So if you are injured when you are not in the office, how can you tell if your injury was connected enough to your employment to entitle you workers’ compensation benefits in Illinois?

 

Generally, injuries that occur while driving to or from work do not trigger benefits. There are exceptions to this rule, however, depending on whether there is something else that would make the employee’s conduct expected and foreseeable by the employer, and whether it was reasonable under the circumstances. 

 

Where your employer provides you with a car, truck, or other vehicle because there is some expected company benefit, then accidents while traveling are more likely to be compensated. Your employer is benefiting in some way from your using the company vehicle to drive to work or to job sites, and likewise is recognizing the corresponding risk associated with the travel. 

 

But, many times when you are driving to or from work or job sites, you need to deviate from the route that would otherwise be the most direct, order to run an errand, or do something else that would be considered more personal than business. If you are injured when you have deviated, is the accident no longer “in the course of” your employment?    If an accident occurred during a deviation that was for purely personal reasons, likely you could not recover benefits for any injury you sustained. The chain, thought, is not permanently broken once you go off-course.

 

In a recent case, the Illinois court decided that an employee in a company truck had returned to his course of his employment even after he made a personal stop on the way home from a job for his employer. The employee was allowed to drive the truck to and from work. One day on his way home from work, he stopped at his bank to withdraw money for his personal use. While driving from the bank to home, he was injured in an accident.

 

The court determined that, even though he was not back on the route he would ordinarily use on the way home from work, the employee was, nonetheless, back on track enough for workers’ compensation purposes. He had, in effect, “re-entered” the course of his employment when he left the bank and was on his way driving home—even if the route was less direct or not typical. 

 

The relevant inquiry to see whether you are back to traveling in the course of your employment is whether the facts show that you were in fact on your way home or on your way to the job when the accident occurred. A deviation from that path will not necessarily cut you off from being entitled to workers’ compensation benefits for an accident that occurs after you are back on track.

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our statewide network of attorneys.  Contact us and we will answer your questions or find the right lawyer for your situation.

 

Overview of FCE's (Functional Capacity Evaluations)

After a work-related injury there is much information that is necessary and helpful in moving forward with both work and workers’ compensation benefits. After the initial treatment of your injury, there may be ongoing concerns in returning to work and returning to full functioning. In this regard, you may be asked to have an assessment called a Functional Capacity Evaluation (“FCE”). 

An FCE can be recommended by your employer or by the insurance company, case managers, physicians, or therapists. Generally a prescription from a physician is required, but any of these parties can ask for the evaluation to make determinations regarding your ability to return to work, and any future therapy or medical care that may be needed.

 

Questions will be addressed in the FCE such as:   are you able to return to work? if so, what duties will you be able/not be able to perform? will you need further rehabilitation? if so, what will that consist of?

 

Whether your job requires physical or mental demands, the FCE can be individualized to assess your specific abilities to perform the particular duties of your work. The test should be performed by an evaluator who is a therapist, trainer, or someone specifically trained and certified in administering tests of this kind. He or she will review your medical records, and then design a test that will target objective measures of your abilities to perform your job duties.

 

For example, if your job requires lifting and carrying, the evaluator will record your ability to lift, walk with weight, pull strength, etc. The results should be compared against objective benchmarks. Caution, of course, should be used by the evaluator to assess your injury without causing further damage. The whole test should be a reasonable length. 

 

After an FCE is finished, a report is generated which should include the results of the testing and a determination as to your range of physical and/or mental abilities with respect to performing your job. Specific tasks and movements to be avoided may be included, as well as other limitations and recommendations.

 

The report from an FCE may be used to tailor your employment, both in terms of timing to return to work, and duties that can be performed. It may also be used to evaluate further the workers’ compensation case, including any possible settlement offer, in light of what the FCE says regarding your present abilities and your future earning capacity. 

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our statewide network of attorneys.  Contact us and we will answer your questions or find the right lawyer for your situation.

Overview of IME's (Independent medical examinations)

When you are on the road to receiving benefits through workers’ compensation insurance for your work-related injury, one step in the process may be to have an Independent Medical Examination (an IME). Such an exam may be requested by your employer in order to get an expert’s opinion regarding your injury—both the nature and cause. In order to receive or continue to receive benefits, it is necessary to participate in this exam, but it is not as daunting as it may seem.

You will not have to bear the expenses of this exam. If your employer requests the IME, the costs of the exam itself and related items will be covered by the company. You should be given enough money to defray the costs of travel to and from the exam. This could be important, because if an appropriate expert is located a distance from you, you will be paid for a convenient method of travel.   You should also be given money to help cover the costs of meals during the trip. Further, your employer should reimburse you for your lost wages in attending the IME.

 

Even though you will not be paying for the exam, it still must be scheduled at a time and place that is reasonable and convenient for you. Appropriate notice of the exam should be given to you as well, so the disruption to your life is minimized.

 

Though the physician performing the IME may be a treating physician, you are not obligated to receive treatment from him or her. The purpose of the visit is to gather information which is independent of your treating physician’s regarding your injury. The IME will likely consist of answering questions, reviewing your medical records and history, and having further medical tests. Through this process, the IME physician may look for information regarding the initial cause of the injury, and whether it was related to your employment. The physician may also make a determination as to the current state of your injury and the prognosis for future recovery. 

 

The insurance company may use the results of the IME to derive the amount of benefits to be paid and the amount of any settlement offer. You will be entitled to receive a timely report, however, of the findings of the IME, just as your employer will.

 

If you are sent a notice for an IME, it is best to speak with your workers’ compensation attorney. Compliance with the IME may seem arduous, but it is both legally necessary, and can help speed up the progress of your claim, so you can continue on the road to receiving benefits for your injury.  If you blow off this exam your benefits will be suspended.

 

Most of the doctors who perform these exams are honest, but some are for lack of a better term, whores.  Your job is to be honest, don't exaggerate your problem and answer questions.  It is your lawyer's job to prepare you for this exam and you should never go to one, if possible, without at least knowing what to expect.

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our statewide network of attorneys.  Contact us and we will answer your questions or find the right lawyer for your situation.

The blizzard and your workmans comp case

So your driveway and sidewalks are covered with two feet of snow.  You need to clear a pathway for the mailman and clear the driveway so you can get your car out of the garage.  If you don't you won't be able to go to the store, take your kids to school, etc. 

But there is one problem.

You are on workers' compensation for a back injury and have strict orders to not do any lifting or anything else that could put pressure on your back (and this would apply to someone with a leg, hand or arm injury too).  You've been feeling a little better of late and if you don't do it no one else will. 

I always tell clients to just be honest.  Part of being honest is telling your doctor everything you've done and the pain you experience doing it.  If you can't lift a bucket at work, you probably can't shovel yourself out of the mess we are in.

The risk is that you hurt yourself and make the injury worse and that could result in your benefits being cut off.  If you are dealing with a major injury, don't be surprised if the insurance company is performing surveillance on you right now in hopes of catching you doing something that you shouldn't be able to do.

The moment they get you on tape, even if it's just for a couple of minutes, your case can completely change.  You may have been just trying to "tough it out" for a few minutes, but doing so could ultimately screw you over.

So our advice is to listen to your body and think long term.  If you need shoveling help and don't have a friend or neighbor to step up for you, go to Craigslist.com and post an ad.  You are way better off paying some kid $25 than putting your whole case and health at risk.

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our statewide network of attorneys.  Contact us and we will answer your questions or find the right lawyer for your situation.

The Weather is Awful

But we are open today.  And every day.  And if we aren't in, we have an answering service that pages us right away.  So you can always call us at (312) 346-5578 if you want our help or just have questions or you can fill out our contact form at any time too.

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our statewide network of attorneys.  Contact us and we will answer your questions or find the right lawyer for your situation.

Southern Illinois Workers' Compensation Changes

Fresh off the Illinois Workers' Compensation Commission Presses:

New downstate arbitration assignments announced

Chairman Weisz has reassigned territories, effective March 1st, in the southern part of the state as follows:
 

Arbitrator New Territory
Dibble Bloomington and Mattoon
Nalefski Whittington/Herrin
Neal Collinsville
Teague Springfield,Quincy, and Winchester
Tobin Carlinville, Decatur, and Urbana
White Belleville and Mt. Vernon


Any partially tried cases will stay with the original arbitrator. If you have any questions about the logistics of these changes, please contact Kathy Moczulewski.

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For most injured workers this means nothing.  But if you weren't happy with your Arbitrator assignment, this may be a new opportunity for you.

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our statewide network of attorneys.  Contact us and we will answer your questions or find the right lawyer for your situation.

 

Unusual Illinois work injuries- Leave no stone un-turned

Recently we were called by a nice guy who had elbow surgery.  He had been made a settlement offer that was fairly reasonable and was calling to verify that.

Whenever I hear of someone getting a settlement offer on their own that seems fair, the pessimist in me wonders if there is more to the case than meets the eye.  Sure enough, this worker who was otherwise healthy before the accident, now has diabetes.

So what?  Well I'll tell you what.

First off, surgery can create a stress response that causes changes in insulin and can lead to diabetes.  So can inactivity and this surgery had our caller laid up for seven months.  But most importantly, he had a pre-surgery blood sugar level of 102 and within six months of the surgery it was in the mid 300's.   He had this testing the previous three years too and the results then were all normal.  Now he is a full fledged diabetic.

Anything that stems from a work injury should be covered under the Illinois Workers' Compensation Act.  For example, if you have knee surgery and are then on crutches, if you develop an arm problem from the crutches that should be part of your case.

So too should diabetes if we can prove that you wouldn't have had it (or at least not so quickly) except for the work injury.

Our caller ultimately didn't pursue anything further and in my opinion left a ton of money on the table as well as the security of knowing that his future medical needs would be taken care of.  The moral of the story is that if you have anything go wrong you should look in to it.  And a good attorney leaves no stone un-turned when it comes to examining a client's case and what it is worth.

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our statewide network of attorneys.  Contact us and we will answer your questions or find the right lawyer for your situation.