The most important factor in winning an Illinois work injury trial

If your case is going to go to arbitration (that is how cases are decided), there are a lot of factors that are important to winning your case.  Your honesty and credibility as a witness, a consistent story to your doctors, an actual on the job injury and statements of witnesses to name a few.  But there is one factor that stands out above all others when the insurance company is saying that your injury is not work related.

That factor is that your treating doctor says your injuries are connected to an accident on the job or the repetitive nature of your job.  If the insurance company has an IME doctor that says your injuries aren't work related and you have nothing then you are likely out of luck no matter how great your other evidence is.

And it shouldn't just be any old doctor, but the most relevant doctor to the type of injury you have.  In other words, if you have a major back injury and your only statement that your injuries are work related come from your family practice doctor or a chiropractor and the insurance company has an opinion that is not in your favor from a credible orthopedic surgeon, you have almost no chance.

We know an outstanding Decatur workers' compensation lawyer that does a great job of instructing his clients the right questions to ask a doctor about this issue.  Many in Chicago, Rockford and elsewhere do this well too.  The bottom line for you is that you want an honest answer from the doctor and that comes with giving a detailed description of what happened and making sure the doctor understands the law in Illinois.

We don't expect our clients to take this job on themselves.  But we do expect that when you see any doctor that you give an honest and consistent history of how you got hurt.  If you fail to do this then you are potentially shooting yourself in the foot.

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.

Travel expenses for going to a doctor

One of the most common questions we get is, "Does the insurance company have to pay me for the gas money I use going to and from my doctor appointments?"

It's a great question that has somewhat of a gray area answer.  I understand why people would want this paid.  When you are seeing the doctor a lot, especially for those of you in physical therapy, it can cost a lot to make all of those visits.  This is especially true for our clients that are in central and southern Illinois or other rural areas where there aren't a lot of choices.

So, is this expense reimbursable?

If you can show that travel to an out of town doctor is necessary because the type of treatment you need isn't available in your local area then you have a shot at it.  In a recent case at the Illinois Workers' Compensation Commission, a worker won benefits because she had to travel more than 40 miles to see an expert.  This was someone who lived in a remote area and traveled to Mt. Vernon.  There was no orthopedic doctor in her area that was an option.

Interestingly enough, in the same case the injured worker was denied expense for travel to get a MRI and physical therapy.  Although she had the right to choose facilities that were farther away, there were places she could have received this treatment much closer to where she lives.

The biggest problem in these cases is that most insurance companies won't voluntarily pay these expenses.  Many lawyers are too lazy to file a trial motion over this issue or don't deem it worth it.  We handle it on a case by case basis, but will usually at least file a penalties petition to put some pressure on the insurance company to do the right thing.

As a worker, you should make sure to keep accurate records of every trip to and from your doctor if you wish to claim a reimbursement.

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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Why we don't take every workers compensation case we can

I recently declined to represent someone who asked me to be his attorney. He had a recent injury where he fell on ice at work and hurt his knee.  This was the same knee that he had surgery on four months prior.  Normally that is a case I would take.

I rejected the case because he has had 12 prior claims, all with the same Chicago workers' compensation law firm.   He has a wife that has had many workers' compensation claims and a son that has a few also.

I don't have any evidence that any of these cases aren't legitimate, although this caller didn't work in a heavy labor job so it certainly is unusual. 

But when you have a relatively young guy (mid 40's) who seems to be making a career out of being a claimant and has a wife and son that appear to be doing the same, it doesn't pass my smell test.

It's similar to my son when he does his "Boy Crying Wolf" stunt and then has a real injury.  All the faking doesn't make him look good when something legit happens.  My son is seven by the way (and the love of my life) so I can excuse his behavior.

This guy will certainly find an attorney and to be honest I hope the insurance company fights him on this one.  Guys like this, in my opinion, make the great majority of credible claims look bad.

This is also why we don't file cases for finger sprains or other meaningless injuries.  Who you represent is a reflection on you as an attorney and by extension a reflection on your other clients.  If a lawyer gets a rep for filing bogus claims, that will cause insurance adjusters and Arbitrators to really scrutinize all of their cases.

I recognize that there is no way for you as the worker to know this about your lawyer before you hire them, but if you get the feeling they are sleazy then they probably are.

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.

Falling while walking somewhere for work: not necessarily a work-related fall.

Walking from one place to another during the work day doesn’t seem like a risky activity that would cause falls.

But when you add other facts to the mix, such as how quickly you had to get where you’re going, and whether you were carrying work items at the time, your risk of falling can increase.

When you have such a fall and you want to make a claim for benefits under Illinois workers’ compensation for your injury, these are the facts you need to look at.   Because even if you’re at work at the time of your fall, and even if you are carrying something you need for work, your fall won’t necessarily be connected enough with your employment to entitle you to benefits for your injury.

What distinguishes one work-place fall from another, when the conditions of the walkway were not involved?  Here are some factors to consider that could turn a fall from being an event that anyone in the public could experience, to an event comes within the benefits of workers’ compensation:

·         Your job created a distraction while you were walking.  Sometimes work conditions can distract you while you’re walking, such as a teacher walking in a hallway with students.

·         You were carrying something related to your job that increased the risk of your fall.  Importantly, every fall while carrying items for work is not automatically a work fall, without something more, for example:

1.  Did the job-related items in your hands make it more likely that you would fall?  If you were carrying something for work that was heavy, or blocked your view, or was fragile, these factors could be involved in making you fall.

2.  Did the job-related items in your hands or arms prevent you from being able to brace yourself as you were falling, so you couldn’t catch yourself? 

3.  Was the job-related item heavy or sharp so that it made your injury worse when you fell?

On the other hand, in a recent claim for workers’ compensation benefits, a woman fell while walking down a hallway with a cup of coffee in one hand, and a messenger bag across her chest.  Though it could be argued that these items were related to her job, they did not contribute to making her more likely to fall, or increasing the danger of the fall itself.  She was denied benefits for her injury.

Unexplained fall such as this one can be tricky to reconstruct and figure out what caused them, or what could have prevented more serious injury.  But looking at the facts involved in what was going on around you and with you, can help to narrow down whether your fall and injuries entitle you to workers compensation 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.

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So much work...so little time...

A very common complaint among Illinois workers is that they’re swamped with work, and there doesn’t seem to be enough hours in the day to get it all done.

But is the stress of the heavy workload enough to entitle you to workers’ compensation benefits to cover your physical or emotional injury caused by the workplace stress?

Not necessarily, unless there is something more that distinguishes your work stress from the stress most everyone experiences in trying to get a job done on time.

A woman doing clerical work for a hospital recently tried to bring such a claim for workers’ compensation benefits (note, this is a recently published case in a workers’ compensation law journal, not a claim we handled).  She suffered from an increase in gastrointestinal issues and anxiety, that she believed was caused by her stress at work.  There was simply too much work to do, and not enough time to get it done.  Her claim for benefits was that the mental stress of her employment caused both a physical and a mental injury.  Both these claims were denied.  

To qualify for workers’ compensation benefits for a physical injury caused by workplace stress, you would have to be able to show that your situation was different than the stress that people experience generally.  What kind of mental stress do your job duties put you under, that makes your situation a true workplace injury? 

For the clerical worker there was no real distinction.  Generally, people have deadlines to meet, and they feel pressure to meet them.  But she didn’t claim any kind of unusual or unique deadlines, and she didn’t claim that she was disciplined for not getting her work done on time. 

The clerical worker also tried to claim that her workplaces stress caused a mental injury in addition to her physical injury.  But again, she could not make a case for her stress being out of the realm of the stress of the general public. 

If you’re claiming that your job stress caused you a mental injury, then you would need to be able to point to some stressful situation in your workplace that was so much greater than the typical workday stress and tension that many workers experience.  You should be able to show some severe, emotional event that happened primarily because of your job.

The classic example used to prove a case is a worker who had nightmares after seeing a co-worker get crushed by a machine.  If something like that happens to you, you may very well have a claim.

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 trials

A potential client recently asked about the difference between a typical civil trial and a workers’ compensation trial. The insurance company denied his benefits after finding out about a prior injury to the same body part that was injured at work, and a trial date had been set.

In a workers’ comp case, you aren’t in a lawsuit; it’s a claim against the employer’s insurance company. There are hearings and trials, but they may be different from what you’d expect.d

First of all, you won’t be heading to the courthouse. Disputes are handled by arbitrators at the Illinois Workers’ Compensation Commission, which is based in downtown Chicago and has various hearing locations throughout the state. Also, the arbitrators are the judges. They hear cases and resolve disputes. Although many of them are lawyers, it’s not a requirement in Illinois. And there are no juries in workers’ compensation trials. The arbitrator makes the final decision.

There are a few circumstances that might bring your case before the arbitrator. Most cases have periodic status hearings at the Commission. These are not trials but rather a way for the arbitrators to keep tabs on a case and move it along. Status hearings are straightforward, and your lawyer can often handle it without you needing to be there. However, if there is a dispute -- the insurer denies your claim, you believe you aren’t being paid the right amount, or medical treatment such as surgery is denied – you can request a more formal hearing or a trial. Also, an arbitrator can set a case for trial if it has gone on without resolution for too long.

At trial, you will appear with your attorney. The insurance company’s attorney, the arbitrator, a court reporter and maybe a witness or two will also be there. Both sides will present their arguments. Depending on the dispute, your attorney may have to prove that your injury was actually caused by your job, or that your job aggravated a pre-existing injury, or that your injury is worth a certain amount. The injured worker usually testifies, and possibly witnesses if there is a question about the accident or incident that caused the injury. And your doctor’s testimony (usually taken ahead of time in a deposition) will be submitted. When you testify, do your best to remain calm and answer questions clearly. Always be honest about your injury.

You do not have to prove that the injury was your employer’s fault, nor will it harm your case if the injury was your fault. It’s simply not an issue in these cases, except in a rare instance where something extreme was going on (like horse play or something completely outside of your job duties).

After trial, you have to wait. It usually takes a couple of months before you get the arbitrator’s decision. They hear the testimony and review all the medical records and then present a written decision. Although you can appeal to a panel of commissioners, the majority of the decisions stick.

The issue of whether to settle or go to trial is an important one. If you settle, you can avoid trial and the possibility of losing all benefits. If you settle, you at least get something. On the other hand, settling usually includes forgoing all future medical claims, meaning you are agreeing to a final sum of money and can’t come back later asking for more treatment if your injury worsens. If you win at trial, future medical coverage is usually left open.

Workers’ comp trials are not like civil trials. Just because you know how to do one doesn’t mean you know how to handle the other. Make sure your attorney is familiar with the procedures and customs at the Commission and knows the arbitrators there. And make sure they are willing to actually 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.

Illinois workers' compensation settlements - what you can't do

Maybe there is something in the air lately, but in the last few days I've received two phone calls from workers who had settled their cases and wanted to re-open them because their injuries have gotten worse.

Unfortunately you can't do that.  Insurance companies have no motivation to settle a claim other than to know that it puts the case to bed.  Forever.  If your injury bothers you in the future that is your problem and your problem alone. 

It doesn't matter if you didn't know your rights or if things have gotten way worse and you have nowhere to turn to.  Unless a new injury has taken place you are out of luck.

So the moral of the story is that if you don't want to close your medical rights as relate to your claim, don't settle.  If you go to Arbitration and win, you will keep your medical rights (typically) for life as relates to that old 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.

Illinois workers' compensation arbitrations are harder than ever

A common question we get is, "how long does it take to get a case to trial."  The answer truly varies based on the claim, but in general it's as short as one month and as long as up to six months.  Three months is certainly average if the attorney is working hard.  Overall it depends on whether or not medical records have been secured, depositions of doctors (if needed) have been taken and witnesses (if needed) have been arranged.

Every now and then we'll get this question from an injured worker who will respond with something like, "I haven't been paid for nine months and there is not trial in site."  In almost every situation that is unacceptable, especially if the evidence is in your favor.

Other times lawyers will tell their clients that it takes more than two years to get to trial (lie) or that it's really hard to get ready for trial (lie).  This is usually a sign of an attorney who doesn't want to try a case and sees the client as a number not a person.

All that said, it is now getting harder to get a case for arbitration.  Every month an arbitrator has a cycle of cases that get set on a status call.  If there 1,000 cases, lawyers might request trials on 200 of them or be forced to set a trial date due to the age of the case.  An arbitrator will have on average five days to hear these cases (10 in Chicago, but there are more cases there).

The reality is that if 200 cases get set for trial there is not enough time to hear all of them.  Fortunately cases are most often set to put some pressure on an opposing lawyer or to force discussion.  Less than 10% have any intention of taking a case to trial.

So why is it harder to get a hearing date? The answer is that Arbitrators are being forced to take furlough days which has eliminated some of their hearing dates.  This month for example, if you were hoping for a Wheaton workers compensation hearing on June 10th you were out of luck because our very fine Arbitrator George Andros was forced to take that day off.  He's very hard working and it's not his fault that he's being asked to take time off.  Same goes for all the other Arbitrators.

So there is one less day to get your case heard.   But even with that, an organized attorney should be able to get you a hearing.  And if you are not being paid benefits, the lawyer can file a 19b petition which would put your case at the front of the line.  As long as your lawyer is truly ready.

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.

Chicago Work-related injury: a trip on a dip.

A worker was walking from her office to the bank to make a deposit for work.  She turned to head up an inclined driveway, and tripped on a dip in the pavement and fell forward.  She fractured both of her wrists while trying to break the fall.

Clearly this walk was job-related:  she made this trip 2 or 3 times each week to deposit work checks.  But the question for this case, which comes up frequently in Illinois workers’ compensation case, is whether the risk that caused this injury arose out of her employment?  After all, she was on a Chicago city street where the general public walks every day.  The dip in the driveway had nothing to do with her job or her purpose in walking up the driveway.   Also, her fall was not related to some special personal condition she had, that made her prone to falls.

It was just a neutral situation—a random defect in a pavement that was not owned or maintained by her employer.  So what would make this accident and injury arise out of her employment and therefore entitle her to workers’ compensation benefits? 

An injury from an accident can become a work-injury where the risk that caused it is increased because of your job:  either because your job changed the character of the risk from what the general public experiences, or because your job exposed you to the risk more often than the general public is exposed.

In the case of the worker walking the streets to the bank, she made that trip more frequently than someone would who was not working at her job.  The risk of falling from a dip in a driveway was one that anyone going that way was exposed to.  But because she was required by her job duties to make the walk by that dip several time each week, her risk of falling was larger than the general public because of the increased quantity.

Accidents on public streets can turn into work-related events where the public way becomes connected and affected by your job duties. 

Bottom line is that every injury should be investigated to see if it’s covered under Illinois laws.  Some are, some aren’t; you just need to find out what the truth is for your claim.

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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Driving to work in a company car in Illinois - workers' compensation

Ordinarily if you’re injured on your way to or from work, you’re on your own time.  Workers’ compensation benefits would not be able to compensate you.  The rationale is that your employer doesn’t really have any interest in, or get any benefit from, where you live or how you get to work—as long as you arrive on time.  

There are a few exceptions, though, and a recent Illinois Workers’ Compensation case highlighted one of those exceptions.  When your employer provides you with a company car to drive to and from work, then you are likely going to get benefits for an injury that happens during the drive.

What’s key in these situations is the fact that your employer is getting some benefit from the fact that you are using the car.  In some situations, providing transportation allows the employer to expand the company’s work base.  Sometimes the company vehicle is used to transport materials back and forth.  And sometimes the vehicle has advertising possibilities.

Thought there could be many reasons for providing a company car to an employee, one thing remains the same:  the employer has exercised some control and received some benefit from your drive to work.  Because of this, your drive is considered to be in the scope of your employment, and can entitle you to workers’ compensation benefits for an injury.

The result would likely be the same if the employer, instead of providing the car or truck, reimbursed employees for the cost of their mileage in their own cars, or made an arrangement for a bus.  Once the employer gets involved in your commute to work, the actual mode of travel can vary.  It’s the affect of the transportation in creating some benefit to the employer that changes the character to being in the scope of employment. 

In these situations you’re not “clocking out” and leaving work in the usual way.  You’re remaining involved with your employer for a purpose as you drive home and back the next day.  It’s as though the workplace extends to include the purpose for which you’ve been given the transportation.   And any injury arising out of your employment should entitle you to workers’ compensation 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.

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Evidence and Illinois job accidents

A caller in a panic recently asked me if her current attorney had screwed up her case.  Fortunately for her I doubt he had.

Long story short is that she was sitting on a chair with wheels when it collapsed causing her to fall and hurt her back.  Since it happened at work on a chair with wheels and she wasn't goofing off, that alone should be enough to win the case.  The fact that the chair collapsed is just a bonus.

She is upset because her case has been denied, but not for factual reasons as to how the accident occurred, but instead for medical reasons; the insurance company is saying she isn't as injured as badly as her doctor says.

If there was a dispute as to the accident, it probably woudn't have mattered that there were no photos.  Typically your own words, if not opposed by someone else, are enough to win a case.  We will usually tell clients that it's a good idea to take photos when relevant, but it's not often the reason a case is won or lost.

In this case the case depends on medical opinion, not how the accident occurred.  The photos might help, but it's not likely.

We are anal so we probably would have had photos taken and used them at trial.  The lawyer in this case didn't ask for it and I can't say that they are doing a bad job.

For your own purposes, if you can document everything that has happened in a journal it might help your memory if you do ever go to trial.  Photos are good too, but most of these things aren't as important as good medical records which means that your doctor has documented your complaints properly and you have given a consistent and honest statement about your 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.

Illinois work comp: Medical appointments during working hours

A reader looking for a Glenview workers compensation attorney asks:

I have a question about workers compensation and missing work for
physical therapy.     I fell at work and developed a knee injuty.   My job set up worker's compensation insurance and all medical bills and physical therapy was paid for.

However, I had difficulty scheduling early and late appointments with
the physical therapist, so there were 4 occasions where I arrived at
work a half hour late after physical therapy.   My question is, can my
employer dock my vacation or emergency time for this?  

We get this question or something similar to it all of the time.  The answer typically depends on whether or not you can do physical therapy or go to your doctor at times other than during work hours. 

Years ago I had to do physical therapy for a leg injury.  I was living in Lincoln Park and there was a place open until 8 p.m. at night right by where I lived.  I would have preferred to get PT done during the day and not have to deal with this after work, but the reality was that I had an option.

If you are an injured worker, the question is can you see a medical provider outside of work hours or not.  If you can't then you shouldn't be punished for being late or missing work.  On the other hand, if you are going during work hours as a matter of convenience, then you are just out of luck.

Hopefully that's clear, if not let us know.  Either way, just make sure to communicate these things with your employer.

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.

Taxes and Illinois workers' compensation

With the caveat that most Illinois work comp law firms are run by honest people, allegedly one near Rock Island isn't. 

A caller claimed to me that this person was handling his workers' compensation claim and was taking out taxes from the payments he was getting.

I looked up this attorney at the ARDC which is the disciplinary commission for IL attorneys.  Surprise, he's being investigated for fraud!

Either way, there are no taxes on workers' compensation benefits.  No state taxes and no Federal taxes.  When you settle your case you should get a nice pink contract.  You can hold on to that forever as proof that the money you received is tax free.

This is probably the worst thing I've ever heard a lawyer being accused of.  Part of me thinks the client must have been confused and that the lawyer was just really taking 20% of the TTD checks.  Technically that is allowed although we only do it typically if we go to trial to get it and we certainly don't take 20% of future TTD benefits.

Big picture since I can't imagine many if any attorneys are saying there are taxes on work comp cases, don't hire a lawyer with a bad disciplinary history and don't hire someone that doesn't primarily handle work injury claims.

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 Didn't Get A Client Because I Wouldn't Lie

A recently injured worker contacted me and it was clear right away that he was doing two things:  1. Shopping around.  2. Fishing for how much his case was worth.

He had injured his back two days prior and it sounded like he had a herniated disc, but it wasn't clear.  I told him that it was way too soon to tell him what the case was worth because we had no idea the extent of his injury and how this would effect him.  All true.  I also mentioned that it's important to think long term and focus on your health because nothing is more important.  Also true.

Well he clearly didn't like that philosophy because a Waukegan workers compensation lawyer told him that the case was worth at least $100,000.00.  Ha!!!

Maybe the case will be worth that much, maybe it will be worth less, maybe much more.  Who knows?  It's literally impossible to tell someone two days after an injury what the case will ultimately be worth.

Scumbags like this alleged Lake County work injury attorney will lie to clients in order to get them to sign up.  It usually blows up in their face when the client won't settle down the road when the actual value ends up being way less than promised.

Needless to say, we weren't hired and it's probably a good thing.  If you are more worried 48 hours after an accident about how much money you can make instead of how you can get better, we are probably not the right attorney 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.

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Overview of the Illinois work comp law changes

In case you didn't hear, the Illinois legislature re-wrote the Illinois workers' compensation laws the other day.

The biggest question we've been getting is, "How will this effect my case?"  The answer is that it most likely won't at all because changes that workers should care about only apply to injuries as of September 1, 2011.

That said, there are some important things to know:

One major change is how you choose your doctors after you’ve been injured in a work-related accident. Previously, you were able to consult two physicians of your choosing, as well as physicians to whom they referred you. The new law establishes a physicians’ preferred provider network for workers’ compensation cases. If your employer is utilizing the network, then your choice of two doctors has to be in-network. There are some exceptions, but for the most part full choice of physicians is no longer part of receiving benefits for workers’ compensation claims in Illinois.

 

The new laws also reduce the amounts of benefits workers can receive in several different areas. One significant reduction concerns carpal tunnel injuries. Carpal tunnel syndrome is a repetitive stress injury that many workers have to face. Benefits are based on a partial loss of the use of the hand. These benefits are now capped at 15% loss, over a shorter period of time. In very significant cases, the percentage of the loss can be up to 30%. But in an event, carpal tunnel injuries now carry less compensation than they did before.

 

Another reduction in benefits for workers is for lost wages that are the result of a work accident. Previously you could be compensated over your lifetime for the “wage differential”—the reduced amount you are able to earn at work. Under the new law, the wage differential benefits end the later of your 67th birthday or 5 years after the claim.

 

There will also be differences after the new law, when assessing the nature of a permanent work injury. No longer will the subjective testimony of the injured worker be weighed in the process. Instead, specific objective measures will be looked at to determine extent of the permanent partial disability.

 

Workers will face a new hurdle when a work accident involves alcohol use. Workers will not receive benefits for these injuries unless they can prove that the injury was not caused by the alcohol, and that they were not so intoxicated that it couldn’t be considered a work incident any longer.

 

Along with the extra hurdles and limits on benefits that workers will have to endure under the new workers’ compensation laws, medical providers will also be taking cut according to the new medical fee schedule. Among other changes, the new payment structures amount to a 30% reduction in fees.

 

While the new workers’ compensation laws were called “reforms” by many, unfortunately to workers’ filing claims many of the changes will hardly feel like a positive transformation of the system. It remains more critical than ever to be sure to have a lawyer working for you that knows how to get for you all the benefits you are entitled to under the system. Feel free to contact us (click the contact link on the top of this page) and well will be happy to discuss this with you further.  But again, don't worry about a thing if you have a case that started before this legislation goes in to effect.


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.

How To Screw Up Your Illinois Workers' Compensation Case

If you have anything more than a minor injury, handling a case on your own is a terrible idea.  This is especially true if your case is disputed in any way.  A close 2nd in the bad idea department is shown by a call I just had.

A woman called me for her friend who had torn his rotator cuff on the job in Glenview.  I'll talk to anyone for free, any time, about any issue and was happy to talk to her.  During the conversation I learned that the case was being disputed over a pre-existing condition and there were other issues such as unpaid wages and a failure to accommodate restrictions.

The caller wasn't asking me normal questions though.  She seem more inclined to tell her friend how to handle it himself.  I explained what a bad idea was as taking a case to trial is not something you learn on the fly.  She finally admitted that she was an attorney herself and was hoping to handle the case for her friend.  Problem is that despite all of her experience, she had never actually handled a case before involving a work injury.

It got worse in that she asked my thoughts on sending a nasty letter to the employer.  That would be a terrible idea because her friend wants to go back to work someday with this employer and either way, it's the insurance company that controls the case.  She hadn't thought of that and almost blew everything for her friend.

We'd like to think that if you come to us for representation, you will get someone on your side that knows what they are doing.  There are also a bunch of other really good law workers' compensation law firms in Illinois not affiliated with us in any way.  But if your attorney doesn't have a track record to point to, it means they are basically practicing on your case.  Even if the attorney is a friend, you should never accept that and quite honestly, a good friend would never do that to 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.