Workers Compensation Lawyer in Chicago, Illinois Work Injury Attorney

Neck and back problems can be among the most debilitating types of injuries to suffer.  One such injury is called Spinal Stenosis.  This happens when the spaces between the spinal vertebrae narrow, and there is a compression of the nerves.  Usually this is a condition affecting the elderly from natural degeneration.  But others, including those who have had a trauma to the back or neck, can suffer from spinal stenosis as well.

If you are diagnosed with spinal stenosis, and it is related to your job, you may be entitled to Illinois workers’ compensation benefits to pay for your medical bills, which could be considerable.  Even if you had a previous back or neck injury, if your job contributed to your condition you should still be able to receive benefits for your injury.  Surgery and future medical care may also be necessary and recoverable under workers’ compensation.

Spinal stenosis can typically be found to be work-related in scenarios such as: 

·         a slip and fall at work causing trauma to your neck or back;

·         a car accident while driving for your job;

·         heavy lifting or repeated bending that causes or aggravates a condition. 

An Illinois forklift operator who suffered from spinal stenosis was found to have a work-related injury.  His job involved constantly moving his head from side to side while operating his forklift.  He did have a prior spinal condition, but his job duties were a factor in causing his spinal stenosis, entitling him to insurance benefits.

Another Illinois worker had a similar result.  He was a painter, and had an accident with a supply cart.  Though he had a pre-existing condition as well, the work accident was found to have aggravated and accelerated the spinal condition, so he could recover workers’ compensation benefits. 

Depending on which part of the spine has been affected, some symptoms of spinal stenosis to look out for are (1) pain, numbness, and weakness in the legs or mid-region; or (2) pain in the neck or tingling, weakness, or pain in the shoulder or arms.  Sitting or standing may also be difficult or painful.  Some severe symptoms can include difficulty with walking or balance, and problems with bowel control or urination.

If you have had a spinal injury or have experienced these symptoms, please call us, and we can recommend an attorney who is experienced in helping workers with spinal stenosis. 

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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Many back problems can be treated by rest and pain medications.  For one rare but very serious back condition, emergency care is required and necessary in order to have a fighting chance at treating it.

This condition, called Cauda Equina Syndrome (CES), is the result of a compression of the nerve roots below the spinal cord.  These nerve roots control many functions of the lower body.  They affect muscle and motor control of the legs, as well as bladder and bowel function.

What is so critical about catching the early signs and intervening immediately, is that your chance of successful treatment is directly related to how long you have the condition.  And if left untreated, CES can cause permanent paralysis and loss of bladder and bowel control. 

For this reason, at the earliest sign that you may be experiencing CES, you need to seek immediate care and treatment.  Don’t let a bad situation become worse by waiting and wondering if it will get better.

CES can be the result of work-related injury, and if this is the case, Illinois workers’ compensation should entitle you to reimbursement for your medical bills.  This would include diagnosis and treatment, including surgery if needed. 

Work-related causes of CES include both traumatic one-time events and repeated long-term activities.  An accident at work, such as a fall or being hit in the back by falling equipment or machinery can result in CES.  Also, repetitive movements involving lifting or operating heavy machinery, can cause or worsen CES.  Even if you had previous back issues, you could still have a claim for a work injury under Illinois workers’ compensation if your job contributed to your condition.

What symptoms should you look for?  Some warning signs include lower back pain and muscle weakness.  The pain may travel down one or both of your legs, and you may feel sharp pain.  Your legs may have reduced sensation or loss of control, which may include bowel or bladder control problems. 

If you suspect that your CES was related to your job, you should speak to an attorney who has experience handling these cases and can get you the benefits you are entitled to under Illinois workers’ compensation.  Please call us and we would be happy to answer your questions and recommend an attorney who can help you.  CES treatment can be costly, but is essential intervention for your 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.

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A painful foot condition called Tarsal Tunnel Syndrome (TTS) can make it very difficult to continue your regular physical activity.  TTS can affect your foot and ankle movement in much the same way as carpal tunnel syndrome can affect your wrist and hand.  

The tarsal tunnel is a narrow space on the inside of your ankle.  When a nerve in the tarsal tunnel becomes compressed or squeezed, it can cause TTS.  Initially, you may experience numbness and a tingling sensation.  But over time, the pressure on the nerve can cause inflammation and pain, and eventually even permanent nerve damage.

Common causes of TTS include:  diabetes, arthritis, tumors; flat feet; injuries like an ankle twist or sprain; and other events that put excessive pressure on the nerve.  The events can be sudden, or develop over time from repetitive movement and activities. 

Though many of these causes are not related to the workplace, some work activities and injuries can play a role as well.  If your TTS is job-related, then you should be able to recover medical benefits under Illinois workers’ compensation.  If your condition is not related to your job duties, then even if work activities are made more difficult or painful by the TTS, you may not be entitled to benefits.

To make the distinction between work- and non-work TTS, you should determine whether or not it was caused by some activity or condition that the general public is also exposed to.  If it was the result of a medical condition such as diabetes, or a physical activity such as ordinary walking or standing, then the TTS is likely not work-related.  Several different work scenarios, however, have been involved in causing TTS: 

- stepping on a sunken floor board at work that couldn’t be seen, and twisting or spraining your ankle;

·          - standing or walking for long periods of time on uneven floors or ground, such as at constructions sites or railroad yards;

·          - repeated movement requiring twisting and pivoting of your foot or ankle, such as on an assembly line;

·          - repeated movement of pushing a pedal with one foot for a large part of the work week.

Each of these scenarios involves something sudden and unexpected, or repeated and intense, in a way that is unique to the job.  If your job puts you in such a position, and you are injured as a result, you should be able to recover benefits to help you pay your medical bills.

If you suspect you may be suffering from TTS, you should see a physician for diagnosis and treatment.  Your doctor may initially try non-surgical treatments such as ice, rest, immobilization, and anti-inflammatory medications.  Physical therapy may also help.  If more is needed then it may be necessary to have surgery to relieve the pressure from the nerve.

Leaving TTS untreated can lead to more serious complications.   If your believe your condition may be work related, then speaking with an attorney that is experienced in this area can help you to get the medical benefits you may be entitled to under Illinois workers’ compensation.   We have attorneys that are highly skilled in this area and would be happy to speak to you to answer any of your questions.

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 powers that be are trying to "reform" the Illinois workers' compensation system by gutting many of the rights that injured Illinois workers have.  There have been various proposals out there and some of these alleged reforms include denying you the right to see a doctor of your own choice and drastically cutting what your case is worth. 

This is all happening even though filed claims in Illinois are down by approximately 40% from a few years ago. 

That said, it's important that if you are hurt that you immediately file a case.  By that I mean actually filing a claim formally at the Illinois Workers' Compensation Commission by completing an application for adjustment of claim.

The reason I suggest this is that there are rumors out there that some of the changes being proposed will be effective immediately and could apply to cases that have not yet been filed even if your case has been accepted.  The biggest rumor applies to wage differential benefits where there is a proposal to end benefits at age 67 regardless if you were planning on working longer than that time.

We have relationships with great work comp attorneys everywhere in Illinois so if you need to get a case filed or just have any questions, call me directly at 312-346-5578.

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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One of the harsh realities of getting hurt, is that it’s going to cost you money.  Whether it’s medical bills to recover from your injury, or lost wages at work during the recovery time, your wallet may feel the pain.  But the workers’ compensation system in Illinois is designed to help you recover both your health and your money if you were injured on the job.

What it is:

Illinois workers are entitled to compensation for medical bills and lost wages, according to the workers’ compensation system.  Most work-related injuries are covered, whether they happened from a one-time accident, or over the course of many hours on the job. 

In most injury cases, if you want to recover damages, you would file a lawsuit, where you would have to prove that your injury was someone else’s fault.  In workers’ compensation cases, you file a workers’ compensation claim instead of a lawsuit.  Your claim is for your medical bills and lost wages, which you should be able to recover regardless of whether someone else was responsible for your injury.

In exchange for the relative ease receiving benefits under the workers’ compensation system, you usually give up the right to file a lawsuit against your employer for any part they may have played in your injury.

How you get started:

There are deadlines for getting your claim started that you want to be sure not to miss.  One deadline involves notifying your employer, which must be done within 45 days of your injury.  The second deadlines, is the statute of limitations time period.  Your claim must be filed with the Illinois Workers’ Compensation Commission within three years of the date of your injury.  The Commission oversees and hears the cases of injured workers.

Some of these dates for notice and filing can actually be more complicated to calculate than they may at first seem.  For example, if you have a back injury that developed over a course of many months of lifting boxes, your injury doesn’t have one clear date.  You have to look at the time at which you would notice that you had an injury that was related to your work.

What you can expect to get:

Most workers’ compensation benefits fall into three main categories.  (1) medical benefits:  All of your medical bills that are reasonable and related to your recovery, including your out-of-pocket expenses, should be covered.  (2) temporary total disability benefits:  While you are recovering from your injury, you may receive payment for your lost wages.  The system allows for payment of 2/3 of your average weekly wage.  If you are able to work, but you’re under medical restrictions that your employer can’t accommodate, you can be compensated for this loss.  (3) permanent partial disability:  Your doctor may make a determination that additional medical treatment will not help you recover any further, and your injury is permanent.  If this is the case and you have to take a job that pays less, then you may be able to be compensated for the wage difference. 

Illinois injured workers are fortunate to be able to choose which doctor they go to for evaluation and treatment of their injuries.  This is not the case in all states.   The insurance company does, though, have the right to have your injury examined by a different doctor for an Independent Medical Exam.

How a lawyer works:

Though a workers’ compensation claim is different than a typical lawsuit, it is still highly recommended that you have an attorney handle your case.  The insurance companies are experienced at workers’ compensation matters and it is to your benefit to have an attorney with experience working to get you all the compensation you should get.

Also, workers’ compensation attorneys handle your case on a contingency fee basis, meaning you don’t have to pay an hourly fee for the work.  Generally, the lawyer gets 20% of the benefits you recover; and only if you recover benefits.

Our lawyers are highly experienced in Illinois workers’ compensation matters, and are able to help relieve the stress for you in helping you to recover your losses for your work injury.  Please contact us if you have a work injury or have any questions about workers’ compensation.

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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We recently were asked by an injured worker, whether he had a workers’ compensation claim, even though he had a pre-existing condition.

He injured his back at work installing a windshield, and had been off work since then. The x-rays showed that he has two bulging discs.   Months before the recent injury, he had been treated for back pain, which was diagnosed as strained muscles, and went back to work. How does this prior back injury affect his present claim for workers’ compensation benefits?

He should have a case for his recent back injury. The pre-existing back problems do not necessarily cut off his right to get benefits for a later work injury. 

Illinois workers’ compensation allows you to receive benefits for a work injury, even if a prior injury or condition was a factor in your being hurt. If you can show that the work accident made the old condition worse, then the injury has enough of a connection to your job that workers’ compensation covers it. 

Your work does not need to be the one and only cause of your work injury for you to have a case. A prior injury can contribute to your being hurt. Benefits are available for all types of workers, whether they are older, ill, weak, or have some other condition. 

The question is; was the new work injury related to your job and not just the way your condition would have progressed if you weren’t doing what you do at work?

For this worker, the injury happened while performing his job duties. He wasn’t under the doctor’s care for the old injury, and had been back at work. The strained muscles from before shouldn’t hurt is case now. It was the current job accident that was the final cause of the bulging discs.

It’s important give a good and complete history to your doctor. Don’t be concerned that telling your doctor about your prior injuries or conditions will hurt your case. It can make it more challenging some times, but it does not mean an end to your case.

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 driving to work, you generally would not be entitled to workers’ compensation benefits.  However if you travel as part of your job responsibilities, then an injury during that travel could be covered.  Traveling employees can receive compensation for medical bills and costs, and lost wages for injuries that happen during activities that are reasonable and expected for their jobs. 

Did your employer benefit from what you were doing?  If so, then if you were injured during that activity, it could be considered work-related.  For example, if your job involves visiting clients or attending out-of-office business meetings, then an accident on the way could be covered.  Also, if you make deliveries or transport work materials, these trips are part of your job.  Frequently employers provide a company vehicle, or pay you for your travel time, and these would also be evidence of being on-the-job even though you’re out of the office.

Did your employer anticipate you would be doing that activity as part of your job?  If you’re on a business trip, there are different activities that you could be involved in, that may not typically seem like work.  But if they were foreseeable by your employer, than they could be covered as work injuries if you’re hurt.  Some activities that fall into this category are dinner with a client, exercising, and some recreational activities. 

Were you acting reasonably?   Though your activity may otherwise be considered work-related for a traveling employee, if you do that activity in a way that is not reasonable, then it likely won’t be covered under workers’ compensation.  A common example of this is an injury that occurs because you drank too much and became intoxicated during a business dinner. 

Coverage for workers that travel for their jobs can be a bit less obvious than many on-site job injuries.  Speaking with an attorney that is experienced in this area can help you to get the benefits you are entitled to.  Please call us if you would like to discuss this further or have any questions.

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 you fall down, and you’re not sure what happened—you just fell, and that’s all you know.  But if you have a fall like that at work and you want to recover Illinois workers’ compensation benefits for your injury, then it’s a good idea to get the facts that are available to explain why you fell.

To be a work injury for workers’ compensation benefits, your injury needs to arise out of your employment.  In the case of a seemingly-random fall, this means that there has to be something about the circumstances of the fall that caused or contributed to your fall and your injury.  You want to be able to answer the question:  what condition or hazard existed when I fell that would not have existed outside of work, or would not have existed for the general public?

A recent Illinois case confirmed the need to have the facts if you want to prove your case.  A school social worker fell on the stairs at school during a passing period.  He was not able to be compensated under workers’ compensation, because he had not shown that the fall happened because of anything specific to his employment. 

There were several suggestions of possible causes, some that would have been work-related and compensable.  But because these were all just suggestions, it was determined that it was too speculative to reach any conclusion.  Work-related theories for the fall were just as plausible as non-work-related causes.  The worker had not met his obligation and lost his case.

We can learn from some of the mistakes of his case.  The weather the day of his fall was snowy, and there was the possibility that the staircase was wet.  But he wasn’t sure, and there was no physical evidence of that.  If he had taken a picture of the stairs that showed them being wet, or found someone there that day who remembered that they were wet, that could have helped.

Also, he apparently told the staff at the hospital that he had just missed a step, though he didn’t remember telling that to anyone.  Perhaps in that difficult time when he was in pain, he speculated about the cause of his fall, which didn’t help him in the end.  If you have information about your injury it’s important to tell the truth about it.  But an aimless speculation is not likely to help, and can often hurt you later.

The worker may have fallen because he slipped on a wet stair, or been distracted by students in the hall, or tripped on something loose.  Likely these reasons would have entitled him to benefits.  But he could have just as likely fallen because he simply missed a step and tripped, and for this reason, without any other proof, he couldn’t win his case.  Gathering evidence to help explain the reason for your fall can make all the difference.

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 decisions in life aren’t black or white; good or bad. There are factors to weigh on both sides of the ledger.  This holds true for deciding whether to take a settlement for your work injury, or to take your chances by going to trial to try and get more money.  Though the insurance company isn’t required to give you a settlement offer, they often do.  There are complex issues to consider in making your decision whether to accept it. 

Settlement Pros:

• The settlement amount is very fair and reasonable.  Consider all of your medical bills and other medical costs, your future lost wages, and other costs that could arise because of your injury.  Does this amount reflect the permanent state of this injury?

• You have a clear picture of what your future medical needs will be. It is important to wait until you know that your condition has improved as much as it is going to, and that you won’t need more medical treatment in the future for this injury. 

When you settle your case, it becomes permanent for this particular work injury.  If you end up needing more treatment, or your condition gets worse, you can’t go back to the insurance company and get more money once you’ve settled the case.  For example, if your condition suddenly takes a turn and you need major surgery, you will not be able to get any workers’ compensation benefits to pay for it.  The settlement amount is final. 

• You need the money now in a lump sum.  Settlements are paid in one lump sum, but an award at trial is paid out over time. 

• You need to avoid the stress of a trial.  Is your current physical or emotional state not strong enough to go through the process of a trial?  Would your health be jeopardized by it?

• Your chances of success at trial are not solid enough to take the risk.  Your lawyer will weigh your risk of coming out worse if you went to trial instead of taking the sure thing.  A settlement is certain, a trial outcome is not—but how risky is your particular case?  How solid is the evidence you have to present at trial?

 Settlement Cons:

• The amount being offered is not enough to fully compensate you for your loss.  If the settlement doesn’t go far enough to pay for your medical bills and costs, your lost wages, and your future losses, you may want to go to trial. 

• You want to leave open the future possibility of needing more money.   If you go trial, your case does not become final like it does when you take a settlement.  If your condition gets worse or you need more treatment, you can go back to court and ask for more money to cover the cost.  How certain are you about the future of your condition? 

• You can appeal an award at trial.  When you settle a case, you have no rights to appeal the amount, but a decision at trial has the opportunity for appeal.

• There is the possibility of more money from a decision after a trial.  You and your attorney can weigh the risks of your case, and you can decide whether the risk of losing at trial is low enough that it may be worth the chance of coming out with more money than a settlement.

Our attorneys are very experienced in analyzing the pros and cons of settling work injury cases.  If you would like to discuss these issues or have any questions, please contact us.

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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1. Get medical treatment. Your health should be your first concern. Plus, seeing a doctor right away can only help a possible workers’ compensation case. Don’t try to tough it out and risk the possibility of making your injury worse. If you get hurt at work, your medical expenses should be covered 100%, as long as they are reasonable and related to your injury. If you wait a while, the insurance company may try to claim that your injury didn’t happen at work. The longer you wait, the harder it can be to prove.
2. Notify your employer. You have 45 days to notify your employer of a work injury. Don’t wait until day 44. Reporting your injury right away starts the benefits process, and if you miss the deadline it could be a basis for denying benefits. Report the injury to your supervisor, and do it in writing.
3. Keep good records. Write everything down, including how you were injured, who witnessed the injury, when and how you notified your employer, when you saw a doctor and what the doctor said, anything the insurance company tells you, how your injury is affecting you, whether it’s getting better or worse, etc. Keeping a journal can help down the road because these cases can last a long time. It’s more reliable to rely on written records than on your memory.
4. Hire the right attorney. Find someone who focuses their practice on representing injured workers. They will be familiar with the laws, as well as the Workers’ Compensation Commission and the people who work there, including the arbitrators who might be making decisions in your case. Your attorney’s reputation and personal relationships can give you an advantage.
5. Be honest. Inconsistencies can hurt your case. Be honest from the beginning about how you were injured. When you meet with your attorney, be sure to tell them the whole story. An attorney who is fully informed is in a better position to help you. Keep them up to date on any changes in your case, including your health.

These are just the basics. If you are struggling with your claim, contact us anytime for a free review of your case.

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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They can often be lumped together as “tennis elbow,” but elbow injuries are not all the same, and they’re not all leisure-time traumas.  They can happen at work, both from single traumatic events and from repeated stress.  Being familiar with these types of injuries can help you better prepare to get them covered by workers’ compensation benefits, when appropriate.

The elbow injury that is actually guilty of earning the name “tennis elbow” is lateral and medical epicondylitis.  Similarly, an injury commonly called “golfer’s elbow” is medical epicondylitis.  These injuries involve pain with the elbow joint, one on the outside, one on the inside of the joint.  The pain can make it difficult to grip objects.

There are elbow joint injuries that are caused by nerve compression.  Radial tunnel syndrome (which is also called “resistant tennis elbow”) causes pain around the elbow, and also affects the use of your wrist and hand. Cubital tunnel syndrome involves pain around the elbow joint, but also shooting down the forearms and affecting the fingers.

Elbows can be affected by tendonitis and bursitis as well.  The biceps and triceps tendons frequently cause elbow pain, one in the front and one in the back of the joint.  Behind the elbow joint, is a bony area-the olecranon-which can develop bursitis causing swelling and tenderness.

The different elbow injuries seem similar, but they are each distinct in terms of the care and treatment that are needed to fully recover.  Seeing a doctor when you experience symptoms is an important first step.  Often you will be referred for an MRI scan to help in the diagnosis and pinpoint the right treatment plan.

If you notice any of these symptoms, it’s best to go see a doctor:

·         • loss of use of your arm, making it difficult to carry objects;

           • inability to flex or straighten you arm;

·         • bruises or swelling around your arm or elbow;

·         • fever, or redness or warmth around your arm or elbow;

·         • pain in your elbow when it’s at rest;

·         • pain in your elbow lasting more than a few days;

·         • deformity in your elbow after an injury;

·         • other new or unusual conditions of your elbow.

After diagnosis, your doctor will recommend a course or courses of treatment.  Often the most basic, but effective, is rest.  If you have swelling, resting and putting ice and heat on the area can help.  Sometimes, though, keeping the joint gently stretched is what helps.  Physical therapists also can create a plan which helps to bring your strength back to normal.

Additionally, your doctor may prescribe medications to reduce the swelling and ease your pain.  Cortisone injections may also help in more severe cases. 

Where your elbow injury needs more intervention to repair the damage, surgery may be recommended by your doctor although under Illinois law you can never be required to have surgery.

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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In many areas of the law, hiring a lawyer means you have to come up with the money to pay him or her first, before you can file a lawsuit to recover money you’re owed.  In workers’ compensation cases, though, lawyers work on a contingency basis, which means you don’t have to decide first whether you can afford to pay an attorney. 

A contingency fee is an arrangement where your lawyer’s fee depends on your case’s success.  Your lawyer gives up an hourly fee for working on your case, and takes a risk that you will recover money.  What the lawyer gets for a fee is based on a percentage of what you recover after your case is done.  Illinois law limits workers’ compensation contingency fees to 20% of your recovery. 

This should give workers peace of mind, knowing that they can benefit from having an attorney without worrying that if they don’t win they will be in a worse position than if they didn’t try.

In some routine situations, attorneys shouldn’t charge you at all, even if they have helped you.  For example, if there is no question about the amount of medical benefits you’re owed, you shouldn’t have to pay for an attorney to give you advice or help you out with paperwork or a phone call.  Illinois law says that some cases are so routine that lawyers should not get a fee, or should get a very nominal fee.

But where your attorney is going to have to do a lot of work on your behalf to bring you a successful outcome, you will only have to pay your limited percentage of what you get. 

Just because your attorney is getting paid from your recovery, you are still able to change attorneys if you need to.  The fee that the old and new attorneys may get is worked out, but in no event will it cost you more than if you hadn’t switched.  The 20% cap doesn’t change.

Illinois workers’ compensation law has made it possible to be able to have an experienced attorney helping you to get what you are owed for your work injury, without having to risk financial injury to get there.

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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Each workers’ compensation case is unique, but they cycle through stages that are common among them.  

In the beginning, there is a work related injury.  This can be a single accident, or a repetitive event that develops over time.  Either way, the injury is one that is connected with performing job duties.

Now the process gets going.  Before any rights are lost, notice and time limitations need to be considered.  Your employer should be notified immediately, but in no event later than 45 days from the injury date, or when you should know that you’ve been injured on the job.

You also should get medical treatment right away, and start on the road to recovery.  Having good medical records can also make all the difference in being able to prove aspects of your case later if needed.  Your employer is responsible for paying for all of your reasonable medical treatments for this work injury, so cost shouldn’t be a barrier to getting treatment.

Likewise, seeing a lawyer for advice at this early stage can be very helpful, and won’t cost you out of your pocket.  Though hiring a lawyer is not absolutely necessary, it can make a big difference in protecting your rights and benefits, and getting you all of that you deserve.   And workers’ compensation lawyers get paid only if they recover benefits for their clients.  So your attorney won’t get paid unless you do.

The next phase of your case involves ongoing medical treatment and evaluation.   During this time, you may not be able to perform your usual job duties.  If your employer isn’t able to find you other duties that follow your doctor’s restrictions, you are entitled to temporary total disability benefits for your missed wages.

You will also likely be asked by the insurance company to go for an independent medical exam to a physician they choose.  The insurer will want to verify the diagnosis and cause of your injury.

Hopefully all is going well, and you are receiving the medical or wage benefits you are owed.  But if not, then it’s time for your lawyer to file a petition for arbitration.  An arbitrator can resolve the differences between what you should be paid and what you are being paid.

At some point in your medical treatment, your doctors will decide that you have recovered as much as you can recover from your injury.  The doctor will then release you from medical care, because you no longer need treatment.  Now that you know what the course of your recovery is, your lawyers can negotiate a settlement that is appropriate.  Taking into account your medical profile and all that was necessary for your recovery, your lawyer will work for you to get you the compensation that you are entitled to.

Lastly, if either party to an arbitration believes that the result was not appropriate, appeals can be pursued.

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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Being injured at work doesn’t necessarily mean that you’ll be able to get benefits under Illinois workers’ compensation laws.   But there are some types of injuries that usually will get you benefits.  Each injury type has one thing in common:  the employee was exposed to something that he or she would not necessarily have been exposed to if not for the job.

Traumatic Physical Injuries:  This is the most common type of injury.  It’s what we commonly think of as an “accident.”  When one specific occurrence happens while you’re performing your job duties, it would be considered a traumatic physical injury.

Being able to show that the accident that injured you was related to your job performance is key to getting benefits in this situation.  For example, if a warehouse worker in Chicago was hit by an object falling on him, it is important to know where he was at the time, and what fell on him.  Reporting the accident to your supervisor right away, and giving a detailed description to your doctor of what happened can help you to prove your case.

Repetitive Trauma:  When it’s not one single event, but a course of events over time that causes your injury, then you may have a repetitive trauma injury.  These injuries usually occur when certain physical movements are required to be repeated fairly regularly in order to perform your job.   

Some jobs are more likely than others to lead to repetitive trauma injuries.  Secretaries, for one, are at risk for carpel tunnel syndrome caused by consistent computer use.  Repetitive trauma injuries can also be caused by jobs where you are doing regular movements with heavy tools, standing for prolonged periods of time, or repeatedly reaching or bending to do your job duties.  Any time a part of the body is injured because of the unusual strain put in it from doing some movement with that body part over and over again, you are likely to be able to receive compensation for that injury from workers’ compensation.

Occupational Diseases:  If your job exposes you to some element in the environment you wouldn’t otherwise be exposed to, and it caused a disease or condition, you could be compensated for this occupational disease.  Some work environments have dust or fumes, for example, that are unique to that kind of work or the particular job site.  Like the repetitive traumas, these injuries can develop over time from the repeated exposure.

Mental Injuries:  Where a mental injury was caused by exposure on the job to either emotional stress or a physical injury, you may be entitled to benefits to compensate you.  Whether the event that caused your mental injury was physical (such as a hit on the head) or emotional (such as witnessing a co-worker’s brutal accident), if it was an event that was unique to your work, you could be compensated under workers’ compensation.  A physical injury doesn’t need to be an ongoing part of your situation in order to recover for a mental 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.

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I came across an article I previously wrote about carpal tunnel syndrome which I thought would be of value for my readers.

If you have a job that involves regularly repeating the same physical movements with your hands or wrists, you may develop pain or discomfort or difficulty doing your job.  You may have developed Carpal Tunnel Syndrome (CTS), which is an injury to the nerve and tendons between your forearm and hand. 

The effects of CTS can include numbness or pain in your wrist or hand.  But it can be more severe, and you may lose control over some of your wrist or hand muscles.  The pain or discomfort may even travel further and affect your arm or shoulder.

Typically you can see this type of injury in workers that are repeatedly and forcefully using their hands and wrists in grasping or bending motions, or workers that are typing for extended periods of time.

Though CTS is usually thought of as a repetitive injury that develops over time, a sudden injury can cause the symptoms to surface, or a trauma can aggravate an already existing issue.

Since CTS is most frequently a condition that takes time to develop and to discover, it can complicate some issues of getting workers’ compensation benefits to pay for your treatments.  You will need to show that your injury is job related, and you will need to be sure not to miss any time limit periods.  Seeing a doctor at the earliest suspected symptoms, and being very honest with your doctor about everything you have experienced can help these issues.

In Illinois, if your CTS is job related, you are entitled to reimbursement for your medical bills, including your co-pays and out-of-pocket expenses.  You could also be entitled to compensation for lost wages from missed work, and for any permanent effects of the injury. 

So you’ll want to be sure that your medical records have details about how your injury developed, and what activities you were doing.  Cases have turned in the worker’s favor where there was solid medical evidence that the condition was caused from the worker’s using his arm or hand in performing his work duties.  Even if you have a CTS-related problem already, if you make the existing condition worse, Illinois law says that you can get benefits under workers’ compensation.

Medical records can also help pinpoint the start date, to be sure that you don’t miss a critical notice or filing date.  These dates can make the difference between being able to pursue you case, or losing out on being able to bring it because it’s too late.

Many treatments are available for CTS, so it is important to see your doctor if you suspect this may be happening to you.  If it is job related, getting workers’ compensation benefits can be extremely helpful, so speaking with a lawyer that is very experienced with CTS cases can help get you covered.

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 worker who had been injured on the job in Wheaton wanted to know what would be involved in a case to get money for his injury.  What would be involved…how does the process get started?  The question is a good one, so here’s an overview of what to expect from a workers’ compensation case in Wheaton. 

Where will I have to go?  Workers’ compensation claims can be heard in many locations throughout Illinois.  Once your case is filed, it will be assigned to an office which is closest to where you were injured.  If your injury happened outside of Illinois, then the hearing location will be closest to your home. 

So if your injury happened in DuPage County, or your home is in DuPage County and your injury happened in Indiana, then you will be going to the DuPage County Government Center in Wheaton (located at 421 N. County Farm Road, 1-500A JTK Building, Wheaton) for your hearing. 

How long do I have to decide if I want to pursue a case?  There are some time constraints involved in a workers’ compensation case.  First, there are time limits for notifying your employer.  You should report your accident to your employer immediately, but if you wait at all, it should not more than 45 days after you were injured.  Second, there are time limits for filing your claim.  This time is generally three years from the date of your injury, but there are some exceptions. 

These time limits can make the difference between pursuing your claim and possibly losing your claim forever, so it is important to check it out with an experienced attorney.

Once the case is filed, what’s next?  Once your case is filed, it is assigned to an arbitrator.  In this case, the arbitrator will be at the government center in Wheaton.  First there will be status hearings every two months.  The parties and attorneys will appear before the arbitrator and discuss what has happened in the case.  You will continue to have your case reviewed by the arbitrator at status hearings, until either a settlement is reached or the case goes to trial.  If a settlement is reached, then it is presented to the arbitrator for approval.  Otherwise, either side can request a trial during the status hearing.

How long can this process go on?  You and your attorney will have to stay on top of the progress in your case.  There are so many cases being processed by the arbitrator, that it is important to be sure your case is moving along.  It could take years, but in some situations where you need immediate answers and you can’t wait, there are emergency hearings available.  If you don’t settle and you go to trial, the arbitrator will make a decision on your case within 60 days from the end of your trial.

Who should I hire to help me?   There are many good attorneys throughout Illinois that handle work injury cases, though most that work exclusively in this area are located in Chicago.  Even though your case would be heard in Wheaton, most of the attorneys that are handling the DuPage County cases there are Chicago attorneys.  But that won’t cost you any more money in travel or other expenses.  The fees that a lawyer can charge for a work injury case are limited by Illinois law to 20% of what you recover.  

So rather than the lawyers location being a factor, it is most helpful to have a lawyer represent you that is very experienced in appearing before the DuPage County arbitrators, and who has is respected by the insurance companies. 

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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