Workers Compensation Lawyer in Chicago, Illinois Work Injury Attorney

It’s hard enough to launch a come-back to your professional life after recovering from a work injury.  But when your injury makes it so you can’t do your normal job, the loss is even greater.

In a recent Illinois workers’ compensation case, a physical therapist injured her back when she was moving therapy equipment.  She set out on a course of medical treatment to try to recover from her injury, and return to work, but could not do it.  She even tried a different therapy position that would be less physically taxing, but she couldn’t do that either. 

After consulting further with her doctor, she was given a permanent work restriction of not lifting more than 10 pounds of weight.  She tried two more physical therapy jobs where she attempted to work within that restriction.  Neither of those was successful.  Between the weight restriction and her continuing back problems, she was not able to continue to work in her career as a physical therapist.

Losing your profession because of an injury can be personally devastating, but it hurts financially as well.  Fortunately workers’ compensation can provide benefits to help offset your loss, when your work injury leaves you able to work, so you’re not totally disabled, but you’ve lost your career.  Your benefit is figured as percentage loss to your whole.

What this meant to the physical therapist, was that her career loss was valued at 40% of her total work.  She could still find employment, but she had permanently lost her career because of her injury and the restrictions she was left with.

In this case there was a fairly clear history of how the injury had left her permanently unable to continue in her profession.  She had gone through all the medical steps that her insurance covered, and had tried several different job settings.  The injury and the doctor’s restriction permanently prevented her success in the business.

If you’re in a situation like this, where you can find other jobs, but it’s your career you’ve lost, you’re not without support from the Illinois workers’ compensation system.  The benefits may not bring back what you loved doing before your accident, but they can help support your loss.

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.

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When you’re unable to do your regular job while you’re recovering from a work injury, you can receive temporary total disability (TTD) benefits for that period of time.  The TTD benefits should continue, while you’re still not able to return to full work and your condition is still improving and hasn’t stabilized.

During the TTD period, your doctor may allow you to do some restricted work that won’t affect your injury.  This work should also not affect your TTD benefits.  Even though you are working, you’re not doing your usual job duties or activities.

Recently, a case in Illinois looked at what happens with TTD benefits, when a worker steps outside his restrictions, and perform tasks that use the affected body parts.  In this situation, a worker injured his left hand and shoulder.  He was restricted to jobs that only used the right side of his body, while his left side was healing.  However he took a job where he used his left arm and hand, and ran into trouble.

The injuries to his left side increased, and his right hand started to have problems as well.  To make matters worse, his TTD was cut off because he appeared to be working full duty. 

In the end, though, his TTD was reinstated. The court said that just because he was in fact working beyond his restrictions, it was not his intention to do that, nor was he able to do it successfully.   In fact, he had tried to work without using his left side, and injured his other side in the process.  Also, he was able to show that his injuries had not stabilized, and he was still in a lot of pain and limited movement from the original accident.

What was key for this worker’s case was that he had been honest with his doctor, and told the doctor all along of his pain and problems he was experiencing.  He was able to show the court medical records which detailed the complaints he had been making about his left side issues, during the whole time he was trying to work.

Because the medical records and physician’s opinions showed that his injury was continuing to affect him and affect his work, he could continue to receive TTD benefits.  The fact that he seemed to be using part of his body that was restricted was not enough to cut off the benefit.  His condition was not stabilized, just because he tried a job and couldn’t do it without further pain and injury.

Your medical records and the testimony of your doctors treating you can tell the real story of your injury.  Here, other factors clouded the picture.  But in the end, just because work restrictions weren’t actually followed wasn’t enough to overcome what the medical proof showed about the ongoing injury.

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.

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.

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Most employees in Illinois are covered by workers’ compensation, meaning that their employers are required to have insurance that will pay employees benefits if they are injured while on the job.

There are some exceptions.

Independent contractors are not covered. However, employers may be too quick to label an employee an “independent contractor” in order to avoid a workers’ comp claim.

Postal workers, and other federal employees, are not covered under Illinois’ workers’ compensation system.

Firefighters in Chicago aren’t covered. In Illinois, firefighters are covered unless they work in a city of more than 200,000 people.

Volunteers aren’t covered. If you aren’t getting paid, you are not an employee. However, if you work part-time you are covered. And you are covered the minute you start working. Don’t let anyone (employer or insurer) tell you that you aren’t covered because you don’t work full time or because you were a new employee.

There are other situations where you may be told that you’re not eligible, but in fact you are. Some examples:

-       Illegal workers. You are covered, even though the law doesn’t specifically say this. The idea is that if you don’t allow this group to get benefits then employers will have an incentive to hire undocumented workers.

-       Cash employees. You are covered, although it will be difficult to determine payments for lost wages if your wages aren’t documented.

If you aren’t sure whether you are covered under Illinois’ workers’ compensation law, ask an attorney. Don’t rely on your employer or their insurance company. It’s better for them if you aren’t eligible. If you aren’t covered by workers’ compensation, it doesn’t mean that you’re out of luck. You may be able to sue for your injuries, an option that isn’t available to most employees.

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.

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If you are injured at work, or while doing something work-related, you are most likely eligible for workers’ compensation benefits. In Illinois, most employers are required to carry workers’ comp insurance and the majority of workers are covered.

Your employer’s workers’ compensation insurance should pay for all medical bills that are necessary and related to your work injury. These should be covered 100%, with no co-pays or out-of-pocket expenses. You should be covered for the initial treatment after the injury, any ongoing care or treatment (like physical therapy or medication), and even surgery. In Illinois, injured workers can choose their own doctor.

If you are unable to work, either because you are severely injured or because your doctor gives you work restrictions that your employer can’t accommodate, you are entitled to payment of a portion of your lost wages during that time. The amount of these payments is 2/3 of your average weekly wage, calculated by looking at your wages for the 52 weeks prior to your injury.

If your injury is permanent, you may receive permanent disability payments. The amount is different in each case and is usually negotiated between your attorney and the insurer.

There is a general rule that you cannot sue your employer for a work injury. However, if a third party is at fault, you may be able to sue them. It’s called a third-party lawsuit. Another aspect of workers’ comp is that you cannot get punitive damages or payments for pain and suffering. However, if your employer wrongfully denies you benefits, they may be required to pay you a penalty.

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.

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The law in Illinois doesn’t specifically say illegal workers are eligible for workers’ compensation benefits, but it doesn’t say that they aren’t. The language of the law is broad, and is pretty much interpreted to mean all employees.

Legal decisions on the issue tend to allow benefits to undocumented workers because the courts don’t want to reward employers for hiring illegal workers. If employees who were working illegally weren’t eligible, employers could save money because they wouldn’t be exposed to claims from those employees.

When it comes to death benefits for an employee who was killed on the job, illegal immigrants may receive less than those who were working legally. And if the case is disputed, meaning that the employer and insurer are fighting it, then being an illegal worker may become an issue, although you may still get benefits in the end.

Our guess is that most of the time illegal workers get benefits if they are injured on the job. Obviously, many do not come forward and seek benefits because they are afraid of possible consequences. We haven’t heard of workers getting in trouble with the government because they sought worker’s comp benefits. We can’t make any promises, but that’s the general trend we’ve seen.

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.

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Some employers host or organize social events for employees, such as holiday parties and summer picnics. If you are injured while attending one of these events, you probably aren’t covered under workers’ compensation law (meaning you can’t get benefits by filing a workers’ comp claim), although it depends on the situation.

The key consideration in determining whether your injury is work related and therefore covered is whether your attendance at the event was mandatory. If your employer required you to go to the party or picnic or other outing, you may be eligible for benefits, which include coverage of medical bills and payment for a portion or your lost wages if you have to take time off work because of the injury. If your employer simply offered the social event as an option, you may be out of luck, in terms of workers’ compensation.

There may be another way to get compensation for your injury, however. If you were hurt because of a dangerous condition on someone’s property – a bar, restaurant, hotel, etc. – then you may want to consider suing the property owner for negligence. This would be a personal injury lawsuit and not a workers’ compensation claim. If the event was hosted at your workplace, there may be a case against your employer as the property owner.

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.

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If you are injured at work, the general rule is that you cannot file a lawsuit against your employer. Under the workers’ compensation system, employers are protected from lawsuits. In exchange, workers receive compensation by filing a claim, which is more efficient than a lawsuit, and fault is not an issue.

In some situations, however, a lawsuit may be appropriate. It wouldn’t be a case against your employer, but rather against a third party. Common examples are when a worker is out on a job on someone else’s property and gets hurt because of some dangerous condition; another example is when the job includes working with  machinery and an injury occurs because the machine is defective and malfunctions. In these cases, a worker might have a personal injury lawsuit against the property owner or machine manufacturer.

Third party lawsuits are similar to other injury lawsuits, where you have to prove that the other party’s negligence caused your injury and that you were harmed as a result. This is different from the filing a claim for benefits under workers’ compensation, where fault does not matter. If your employer did something that caused your injury – like not keeping the workplace clean – you would file a claim for workers’ compensation. On the flip side, if you got injured at work because you weren’t paying attention, you could still file a claim for workers’ compensation. In third-party lawsuits, fault matters.

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.

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Sometimes insurance companies can send you for an Independent Medical Evaluation (IME), to get a medical opinion about the cause or extent of your injuries, or about the need for treatment.  These physicians that they hire for the IME are usually honest, but they are hired by the insurance company and may not always be as “independent” as they seem or should be.

Though this shouldn’t happen, sometimes the IME can deny or delay treatment that you need.  A reader fearing this would happen, asked us what he should do.

He hurt his back three months ago, and has a herniated disc.  Workers’ compensation had been covering his medical expenses, but he is still in a lot of pain and his doctor is recommending surgery.  The insurance company is sending him for an IME, but he heard that the IME doctor was a hired gun.  His concern, therefore, is what will happen if the IME doctor says that he is fine or that they aren’t responsible, and won’t cover treatment.

If you’re in a situation like this, it’s most important that you get the treatment that you need.  Be honest with your doctors, and let your lawyers help you to get the payment worked out.  We are able to file the case and request payment for the treatment.  If your doctor is recommending surgery, we can ask the Arbitrator to order it and for the insurance company to pay the cost.  Or, in the worst scenario, where you need the treatment before we go to trial, you can pay for it through your own insurance, and we can still go ahead and prove your case.

Sometimes the insurance company has a genuine disagreement about whether you need the treatment, or whether they need to pay for it.  Even if the IME physician is a hired gun, the insurer may still legitimately believe that they shouldn’t have to cover your treatment.  Going ahead with your case should take care of this, and get you the payment you’re entitled to.

But if the insurance company is unreasonably denying your benefits, not only should they pay for your treatment costs, but they should pay you a penalty as well.  The insurer could be ordered to pay you 50% of the amount of your treatment costs for refusing or delaying your payment, if their actions were unreasonable or with bad intentions.  For example, if your surgery would cost $30,000, the insurance company may be ordered to pay you $15,000 for their behavior.

It’s most important for injured workers to get the treatment they need, and to do it in the proper time frame for it to be successful.  That’s why, even with a hired gun for an IME provider, you should still be able to get the result you are entitled to.

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.

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If you read my blog, you will see that we talk a lot about being honest as the number thing you should do in a claim.  That applies for the lawyers too.

There are a handful of law firms in town that have referral agreements with doctors.  Basically the doctors tell the patients who to hire and the lawyers tell the client who to treat with.  It doesn't matter the doctor who the best lawyer might be for their patient and it doesn't matter to the lawyer who the best doctor might be for the client.

There is technically nothing illegal about this, but my personal opinion is that it is really unethical, especially on part of the lawyers.  Imagine if you find yourself on a witness stand and the insurance company attorney asks you what made you see the doctor you chose.  If the answer is that your lawyer told you to, it could hurt your case.  The same holds true if the doctor is giving a deposition in your case and testifies under oath that he and the attorney refer clients to each other all of the time.  It just doesn't pass the smell test.

What inspired me to write this story was a recent call I had.  Seems that a law firm settled a case for a client, but screwed up by not getting all of the medical bills paid.  The client was left with around $15,000 after lawyer fees, but before she got the check, the attorney told her that the doctor was owed almost $10,000 and was placing a lien on the settlement.

The lawyer went on to scream at the client that "how dare you not pay this great doctor" and "I can't believe you are trying to screw him."

If you hadn't guessed, the client ended up at the doctor because according to her, the attorney said she had no choice.  At that point in time the attorney was only worried about protecting a relationship with a referral source, not about what was best for the client or the right thing to do.  And by the way, there are no liens in Illinois workers' compensation so that was a lie by the lawyer too. 

It was the attorney's job to make sure all of the bills were paid in this case.  They failed and then tried to cover their backside with lies and threats.  It's shameful. 

And like I said in the beginning, if people would just be honest from the get-go, everything would work out great.

On a side note, I get approached by doctors, physical therapists and chiropractors about once a week with requests to join forces in some manner.  I reject these requests every time.  I don't think there is anything wrong with a lawyer suggesting a doctor, but when they try to direct your care it's a big problem that can only be solved if they grow a conscience.

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.

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A reader asks:

I signed a contract with an attorney almost a month ago and there is still no claim number.  How long does that take?

It should be the same day or the next day, as soon as the attorney can get to the Illinois Workers' Compensation Commission.

This all sounds fishy as if the person the worker hired doesn't focus on job injuries.  It's free to file a case and takes all of two minutes once you get to the Commission.   So while I didn't talk to this worker, I'll bet a nickel that they hired someone who doesn't know what they are doing.  And they will suffer for it.

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.

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An injured worker contacted us after a trial in his case had gone bad.  Now we can't do anything for a worker once there case has been tried, but it's a crazy story.

After you give your testimony and all medical records are submitted, the Arbitrator asks for what are called proposed decisions which basically requires each lawyer to write something up as to how they would decide the case if they were the Arbitrator.  So typically the defense attorney says that their side should be picked and why, and the worker's attorney says why their side should be picked and why.

It's pretty basic and honestly it's not that hard to do.  Plus it's your job as a lawyer.  The Judge typically "adopts" one decision as his/her own and either does nothing to change it or changes very little.

In this case, the worker told me that his lawyer had asked for over $125,000 to settle the case and the defense was offering way less than that.  They went to trial as they should, but according to the worker, this lawyer that he hired did not complete a proposed decision.  As a result the Arbitrator wrote in the decision that there was no choice but to find for the defense.

Now the Arbitrator could have still found for the worker, but I don't blame him for not.  Apparently this attorney didn't return the workers' phone calls so he called the Commission and got his own copy.  The case is on appeal currently and theoretically it's possible that the worker will win if his lawyer does the right job that time. 

But either way I find this pathetic and inexcusable and truly a new low in representing clients.  We can't win them all, but stuff like this gives lawyers an awful name.

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.

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The Application for Adjustment of Claim is the official paperwork that you file with the Illinois Workers’ Compensation Commission in order to begin your claim and is typically prepared by a lawyer. The application is a form, and it is the same for every type of injury. The deadline for filing your claim is three years from the date of your injury or two years from the date you last received benefits, whichever is later. If you miss the deadline, you may not have another chance.

Claims are filed with the Chicago office, which is the main office of the commission. There is no filing fee. Next, your claim will be assigned to an arbitrator at a specific location, which is based on where the injury occurred (not necessarily where you live). Every case, regardless of the facts, is assigned to an arbitrator who will make decisions on your claim if there are any disputes.

Some people don’t file a claim because they begin receiving benefits right away and think they don’t need to bother. You should file a claim anyway. If there is a dispute down the road, having a claim on file will speed things up. If you stop getting benefits for no reason (it happens), then you can ask an arbitrator for a hearing without first waiting for your claim to go through.

Although we recommend filing your application right away, it’s not the only step you need to take. You also need to notify your employer of your injury within 45 days. So tell your supervisor, and put it in writing, as soon as you can. Also, you should get the medical treatment you need. Both of these steps – notifying your employer and seeing a doctor – are key in protecting your claim. If you delay too long or skip these steps altogether, your claim can be denied. The sooner you get things rolling the easier it is to prove that your injury was caused by your job and not some outside activity.

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.

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For the majority of workers’ compensation claims, there is no set settlement amount. This is why it’s so hard for attorneys to answer the question: “What is my case worth?” We get asked that all the time but there are simply too many factors. We’ll probably be able to give you a range, but it’s going to be very broad.

Some cases do have a set settlement amount. These include specific injuries, such as loss of a body part and a full return to work. But most of the time it depends on a variety of factors, along with the ability of your attorney to negotiate with the insurance company or present your case at trial.

The insurance company might try to discourage you from hiring an attorney by telling you that you don’t need an attorney, or that an attorney will “take it all,” or even that settlement amounts are set so you don’t need to bother hiring a lawyer.

Workers’ compensation attorneys charge 20% of what they get for you in settlement. What the insurance company doesn’t tell you is that they are going to offer you a lot less if you don’t have an attorney and that hiring an attorney for a workers’ compensation claim often pays for itself. As for pre-set settlement amounts, it’s simply not true, unless you’re in that small category of injuries.

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.

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The Illinois Workers’ Compensation Commission is located in Chicago. However, there are locations across the state where arbitrators hear cases and resolve disputes. After filing a claim, you will be assigned to one of these locations based on where your injury occurred. Even if your employer is in Chicago, if you were injured on a job assignment in Peoria your claim will likely be assigned there.

Location matters when it comes to hiring a workers’ compensation attorney, but you don’t necessarily need to hire an attorney near your assigned arbitration location. Instead, the important thing is to find someone who is familiar with that location. Their office doesn’t need to be in that city or town, but they should go there often enough to know the arbitrators. A lot of people end up with a Chicago attorney because it’s simply where a lot of attorneys are located, especially those who focus just on work injury cases. The key is whether they have a good reputation and relationship with the arbitrator assigned to your claim.

Other things to look for in a work injury attorney: many years of experience, a focus on workers’ compensation law, a good reputation in the legal community, excellent customer service (returning phone calls, etc.), and a willingness to take your case to trial if necessary.

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.

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A back injury can be caused by repetitive motion (twisting, lifting, bending) or from a sudden incident (car accident, fall, or other trauma). A common back injury is a herniated disc, also called a ruptured, prolapsed or bulging disc. Discs are pads of cartilage between your vertebrae that cushion your spine from stress or shocks. In addition to the causes mentioned above, discs can deteriorate as you age. Symptoms include pain or numbness in your back, or in your legs or feet. Other back injuries include sprains, strains and fractures. They range from minor, requiring just time to heal, to very serious, requiring surgery or resulting in permanent injury or paralysis.

If you injure your back at work, there are some initial steps you should take.

First, always, is to get proper medical treatment. See your doctor – your employer doesn’t get to tell you which doctor, you get to pick. Tell your doctor exactly how you hurt your back. If you were injured at work then your medical bills should be completely covered.

Second, notify your employer. You have 45 days to do this, but the sooner the better. Make sure you notify your supervisor in writing. And write things down for your own records, like what your doctor said, how you were injured and who was there when it happened, when you notified your manager or supervisor, etc.

Third, file a workers’ compensation claim. In Illinois, you are entitled to certain benefits for a work injury, including coverage of 100% of your medical bills, payment for lost wages if you have to miss work, and compensation for the permanency of your injury.  Even if you had back problems that existed before your work injury (called a “pre-existing condition”) you can still get benefits if your job made things worse. The insurance company may try to deny your claim on this basis, but an experienced workers’ compensation attorney can help.

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.

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What happens when you’ve already settled your case for your work injury, but then you reinjure the same body part at work?  We were asked this question from a worker who was injured eight years ago, received a settlement, and now has had a second injury.  Is there a case for the new injury?

The simple answer is yes, you still have a case regardless of a prior settlement.   However if you injure the same body part twice, the details of your two injuries can affect what you may get in the second settlement. 

For example, a factory worker in Wheeling injures his left leg lifting boxes.  He receives a settlement for the percentage of loss of the use of his leg.  A few years later, he injures his left knee in a similar accident.  He can get a second settlement for the knee injury, but a credit to the insurance company will be taken out of the settlement.  The insurer will get a credit based on the amount the worker originally got.

So even if the second injury is to a different part of the leg, the fact that the worker already got a settlement for the loss to that leg is taken into account and deducted from the benefit for the second injury.  Even though the second injury was to a different part of his leg, there is still a credit for the insurance company. 

There would be a different result, though, if the first leg injury was much more severe, or the body part that was injured was a neck, back, or head.  In cases like that where the settlement was for the loss of the person as a whole, then there is no deduction when determining the amount to cover the second injury.

Also, if the second injury was to a different body part than the first, then the insurance company would also not get any credit for the first settlement.

A settlement for an old injury does not prevent a new settlement for a similar injury, but there may be an adjustment made to the final tally.

Have I confused you?  If so feel free to contact me and I’ll talk to you in confidence.

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.

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