Keeping control over your medical treatment

In some states, injured workers don’t get to choose their doctor. The employer – and the employer’s insurance company – gets to pick. Illinois law, on the other hand, leaves the choice up to the injured worker, for the most part.

If your employer tells you who you must see, you do not have to agree. In fact, it’s usually in your best interest to see your regular doctor, whom you already know and trust, rather than a physician chosen by the insurance company. Your priority is your health and recovery. The insurer’s priority is quite different.

Although Illinois law allows the worker considerable choice, there are limits. The law says that an injured worker can choose two doctors. If they decide to see a third after that, it must be approved by the employer, or it won’t be covered. The two-doctor rule does not include referrals. You basically get two chains of doctors – each chain being the doctor you choose and anyone they refer you to. Seeing a doctor for emergency care shouldn’t count as one of the two.

Another thing to keep in mind about medical benefits and treatment in Illinois is that anything related to your injury should be covered 100%. There should be no co-pays or out of pocket costs.

The insurance company may assign you a nurse case manager. This person is not in charge of your medical treatment. They should not attend your doctor appointments – and you should refuse if they ask. And they don’t get to talk to your doctor about anything except requesting medical records.

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.

What your employer is supposed to do after a work injury

If you are injured at work, and you notify your employer (which you should always do as soon as possible), your employer is supposed to file a Form 45. This form, called Employer’s First Report of Injury, requires them to list the details of what happened when you got hurt.

It’s not uncommon for an employer to fail to do this, especially in a small company. Some employers don’t care, or they aren’t aware of the form in the first place. In other cases, the employer doesn’t want an official record of your injury because they’re hoping to avoid a claim. Illinois law says that an injured employee must notify their employer within 45 days after a work injury. When an employer files a Form 45, it shows that they had notice. If they don’t file this form, they could later try to say that you didn’t give them proper notice and that your claim should be denied because of it.

The best thing to do is make your own record of the notice. Send an e-mail, or write a letter (keeping a copy), that has the date and a brief explanation of what happened. It doesn’t have to be overly formal, and it doesn’t have to be on an official form. Just make sure you give the notice and make a record of it somehow. If your employer later tries to argue that you didn’t tell them within the deadline, you’ll have proof that you did.

Some injured workers think their injury is too minor to require taking any action. Some people are embarrassed, or afraid of being fired if they make a big deal out of it. Notifying your employer is a small task, it can be done with a quick e-mail, and it could save your claim if you end up having one. Try to think long term.

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.

They'll have to pay if you don't get paid.

When you have had a work injury and you need treatment and time off of work, you need money to pay for these expenses.  Workers’ compensation benefits should be available to you, but what happens if you are entitled to these benefits and the insurance company isn’t paying you?

You don’t have to sit back and suffer.  Illinois workers’ compensation law protects you from being withheld your benefits inappropriately.  Whether there is an intentional refusal to pay, or just an unreasonable delay in payment, you can be compensated for the insurance company’s unreasonable behavior in not paying you. 

Where payment is intentionally withheld, or it’s done for the purpose of delaying, harassing, or with some other ill motive, the penalty can be quite severe.  The insurance company could have to pay you 50% more than the original award.  So if you have been awarded $10,000 for your medical bills, and the insurance company doesn’t pay, they could owe you an additional $5,000 if there was no good reason for their not paying.

The insurance company can also be assessed a penalty even where the non-payment is not so intentional, but is still unreasonable.  Where there is a delay in payment, or a non-payment which isn’t justified by the facts, you can be awarded $30 per day extra for each day that your benefits weren’t paid, up to $10,000.

Recently in Illinois, a cashier suffered a hand and wrist injury from her job.  Her symptoms would flare up when she was at work and then get better when she was off of work.  She was entitled to disability benefits, but the insurance company did not pay.  They later requested an independent medical exam of her condition.

The cashier asked the Arbitrator to assess penalties for not paying the benefits.  It was determined that the insurance company needed to be penalized for not paying her during the period where her treating physicians and medical records indicated that she had a work-related accident that required treatment.  Once there was an independent medical exam which showed that her symptoms resolved, the insurer could reasonably rely on that opinion.  But prior to that, there was no reasonable basis to withhold her benefits.  The insurance company could not just close its eyes to the medical evidence and refuse to pay.

If the insurance company doesn’t have any facts in front of it that would make it reasonable to believe that you aren’t entitled to benefits, then they can be assessed penalties for not paying.  Even an honest belief by the insurer that you don’t have a compensable work injury isn’t enough to avoid penalties, if that belief isn’t based on facts that are appropriate to rely on.

So where there is more extreme behavior for non-payment, you could be entitled to a significant amount in penalties.  But even where the non-payment is the result of less bad behavior, but still unreasonable, you may receive penalty payments.  You don’t need to be passive and fret about not getting your bills paid.  You can go into court with your lawyer and demand the money, and extra penalty payments.

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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Bogus job offers to injured Illinois workers

We were recently contacted by a Chicago union laborer who had severely injured himself on the job and had permanent restrictions of no lifting more than 20 pounds.

Under Illinois law, if your employer can not accommodate your physical restrictions and you are as good as you are going to get medically speaking, they should offer you vocational rehabilitation.  This is a process to determine what jobs you can do and if needed provide training to get one of these jobs.

Our caller is in his 50's and had never done anything other than labor work.  He had been going through vocational rehabilitation and was only finding jobs that paid $10 an hour.  His normal job paid over $35 an hour.  If $10 was the best he could do then he would be entitled to 2/3 of the difference of that every week times 40 hours a week.  In other words, this guy appears to be owed around $667 a week.

This could be a big case so the insurance company wanted to do whatever they could to find him a job.   And don't you know it, at the last minute they did find him a job at $35 an hour, working for  . . . . . . . . . wait for it . . . .

The INSURANCE COMPANY.

That's right, this laborer is now working a desk job that was created specially for him.  This is what we call a sham job offer.  We may or may not represent him, but if we do you can bet that we will call the insurance company on the carpet for what this is, a fake job.  I'll bet you a quarter that if he were to settle his case right now this "job" would go away.

So we'll argue to the Arbitrator that this isn't a real job and that there is no real labor market for him in what he used to make financially.  I never guarantee a client anything other than service and effort, but I can't imagine the Arbitrators at the Illinois Workers' Compensation Commission are going to find against us on this one.

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.

What Is Going To Happen To Settlements Under The New Illinois Work Comp Law?

 For carpal tunnel claims after June 28, 2011 and all other injuries from September 1st on, new laws are in place for workers’ compensation claims.  One of the new rules is that the AMA settlement guidelines, which screw workers, have to be considered as part of the settlement process.  It’s not the only factor or the main factor, but some attorneys have been worried about how this will effect the value of claims for their clients.

We don’t really know the answer, but according to a national insurance company organization, the NCCI, the value of cases in Illinois should not go down much, if any.  They recently produced a memo on the topic.  Here is a summary from the Chamber of Commerce.

The NCCI has provided its analysis of savings on HB 1698, the legislation signed into law by Gov. Quinn on June 28th. Their analysis found an average overall system savings of 8.8% or approximately $264 million annually.

Medical Fee Schedule (8.2) (effective September 1, 2011)

-7.4%

Wage Differential Benefits (effective September 1, 2011)

-0.8%

Permanent Partial Disability (PPD) Benefits for Carpal Tunnel Syndrome claims (8e) (effective June 28, 2011)

-0.6%

Overall Impact on Illinois WC System Costs

-8.8%

As you can see, while they expect payments to doctors per case to go down by a bunch, they do not expect the permanent partial disability payments to be dropped very much and it’s our contention that they should hardly drop at all as well, if any.

Again, we’ll find out for sure soon enough, but considering that insurance companies aren’t expecting a big drop behind closed doors, I don’t know how they make a different argument to the Illinois Workers’ Compensation Commission.  But of course, that has never stopped them before.

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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Illinois work comp benefits can survive the death of a loved one.

Workers’ compensation benefits help families to be able to survive financially when someone is injured at work.  In addition to medical bills, the lost paychecks can really hurt the family members that are depending on it.  So there is comfort in the fact that in many instances the workers’ compensation benefits will not end if the loved one dies, even where the death was not related to the work injury.

If a worker becomes disabled due to a work accident, then that worker should be entitled to workers’ compensation benefits which help pay the bills.  When, sadly, it happens that the worker dies before the benefits have been finalized, or before the benefits have been paid, then family who depended on that support suffer a serious financial loss in addition to a personal one.  The Illinois workers’ compensation system takes this into account.

After all, as one Illinois court recently pointed out, if a disabled worker’s death could end payments that would otherwise be owed to him or her, the process and therefore the payments could be delayed past the workers’ death.  This would effectively use that tragic situation to trump the right to payment.

In the scenario where a disabled worker has died before receiving compensation that’s due to him or her, the estate can pursue the claim in place of the worker.  If the total amount of benefits had become due and owing before the death of the worker, then regardless of whether a dependent is left who is in need of the money, it becomes part of the workers’ estate.

Where, however, benefits are being paid in installments to the worker, any payments that are unpaid, future payments that have not yet become due at the time of the death can be paid to the worker’s dependents.   The dependents would have to show that they relied on the worker’s financial support for at least half of their total support.  They are then able to receive that portion of the benefits that represents what their dependency is.

For example, in a recent Illinois case, a worker’s hand was permanently injured, and she subsequently died of causes unrelated to the hand injury.  The worker’s sister had been dependent on her support to pay at least half of her expenses.  The sister was awarded 50% of the worker sister’s benefits based on this dependency.

Some reassurance can be found in tragedy, that at least those who count on you for support may still be able to receive that financial help from the workers’ compensation system.

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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Injured by inhaling fumes at work.

Many jobs involve exposure to fumes in the workplace that can make you sick, and can even cause an injury or damage to your health.   You can have a claim for workers’ compensation benefits for your injuries caused by these fumes in many cases.  Even where the exposure is not typically the kind that you would expect would harm you, you may still be able to recover benefits.

Not all fumes affect workers the same way.  Sometimes co-workers are not bothered, but you may be more sensitive and experience health problems from the fumes.  Or perhaps you have another, unrelated health condition which makes you more susceptible to the fumes causing you harm.  Either way, your entitlement to workers’ compensation benefits in most cases should not be affected.

For one Illinois worker who was a smoker and a diabetic, inhaling fumes at work was found to be a cause of his severe pneumonia.  Even though the smoking and diabetes had lowered his ability to fight infection and made him more susceptible to getting pneumonia, the result was still the same.  The fumes at work made the health condition a work-place illness.

The reason for this is that the Illinois workers’ compensation system deals with the injured worker as a whole:  preexisting conditions and all.  A worker with a health condition that is made worse by inhaling fumes at work isn’t penalized just because of the prior condition.   Likewise for the worker that is particularly sensitive to the fumes.  If the workplace is a cause of the health condition, then benefits should be available.

There are some limitations to this rule though.   For it to be a workplace injury, the exposure that you’ve had needs to be related enough to your job that someone in the general public wouldn’t experience the same thing.  Even if the fumes in fact caused your health problem, if they weren’t different than someone who did not have you job duties would experience, then benefits may not be available.

For example, a worker had a reaction to fumes while involved in a remodeling project.  But the same reaction occurred by that same worker outside of the workplace as well.  So it was fair to conclude that there was nothing special about the workplace that caused the condition.

Also, recently in Illinois, a worker was denied benefits when she claimed that workplace fumes made her preexisting condition worse.  The fumes, though, were determined to be from ordinary products that anyone outside this work environment could also be exposed to.  This particular worker had an unusual reaction.  But it was not a workplace condition, because the worker wasn’t exposed to something that was unique to her job. 

When you’re hurt by fumes in the workplace, you can still get compensation for your health problems if your preexisting condition made it more likely for you to be affected than another worker.  But if you reacted in a severe way to an ordinary and common exposure that was not unique to your workplace, you may not be able to recover 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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If your injury returns, so might your workers' compensation benefits.

After you’ve been injured in a work-related accident, you may receive temporary total disability benefits (TTD) to cover you while you’re off work healing. Once your recovery has gone as far as it can, then a decision can be made about the permanent nature of your injury.  

Sometimes, though, an injury can flare up again and need more treatment.  This could mean more medical costs and more lost time from work.  Even though your case seemed like it was over and benefits had been set, the Illinois workers’ compensation system generally allows you to reopen the case to compensate you for the additional costs of healing from your injury. 

Unless you’ve received one lump-sum payment to settle your case, you can go back to the Illinois Workers’ Compensation Commission and ask to have your case reviewed and TTD benefits restored.  You would show that, though you once thought you were done healing from your injury and could return to work, your injury has become worse or flared up again and needs additional treatment and recovery time to help it to restabilize.

For example, one worker had a hand injury that had seemed to be done healing, and later needed more surgery and caused more missed work.  He was able to request and receive additional benefits to cover the change in his situation. 

Also, in a recent case, a worker had received an award of TTD benefits and permanent disability, when he thought that his injury had improved as much as it could.  He was later able to show the Commission that in fact his injury had progressed further, and he was experiencing pain.  The worker had sound medical proof that showed that he was not recovered, and his original condition had worsened.  This medical evidence was enough to be awarded further payments. 

Diagnosing injuries is not an exact science, and can’t always accurately predict the future of your condition, even though it may seem right at the time.  For this reason it is very helpful that the system allows, in many instances, for a change in benefits that can reflect the change in 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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Chronic pain after your job injury in Illinois- RSD overview

You’ve had an injury at work, and you’re trying to heal.  But a painful condition can add injury to injury and complicate your recovery.  This syndrome—Reflex Sympathetic Dystrophy is also known as “Complex Regional Pain Syndrome” (CRPS).  It’s a chronic neurological condition, where the nervous system has abnormal functioning after an injury.

While you’re trying to recover from your injury, if it doesn’t seem to be healing properly, you should notify your doctor.  This is especially the case, if you have severe burning pain, changes to your bone or skin, excessive sweating, swelling, or extreme sensitivity to the touch. You may be experiencing CPRS, and early detection and treatment can be critical for combating the condition. 

Your doctor will examine you and take a detailed medical history.  If you have an injury that isn’t healing normally, and a lot of pain, it is likely to be diagnosed as CRPS if you also have swelling, movement disorders, abnormal nervous system functioning, or changes in tissue growth.  There is no specific test for CRPS, but your doctor may ask for additional bone scans or x-rays to help in the diagnosis.

Unfortunately, there is no cure for CPRS, but treatment is still important, because it can help to reduce the pain and prevent future complications.  The most likely treatment options are:

·           Medication:  There are many different types of medications, depending on what kind of pain you     have, such as cramping pain, shooting pain, constant pain, etc.  Also, whether the pain affects your sleep or is related to a recent injury will relevant. 

Your doctor may use several medications at once, or may try some in a sequence to achieve the best result.

·         Physical Therapy:  Various types of therapy programs may help relieve the pain.  Your doctor may recommend physical therapy, hydrotherapy, massage therapy, or pressure techniques.  Physical therapists are also excellent sources for working with you on strategies for using the injured body part in different ways that would be less painful.

·         Sympathetic Nerve Blocks:  Often chronic pain such as CRPS is caused by the sympathetic nerves that are not properly regulating the blood flow, sweating and other functions.  If those nerves are blocked, pain may be relieved.

·         Surgical Sympathectomy:  When the blocks don’t relieve the pain, this surgery may help in cases where the pain is being caused by the sympathetic nerve functioning.  During the procedure, a permanent block is inserted.  This is a fairly drastic option of last resort, because there are complications that could occur

From a legal standpoint, not every attorney understands these injuries or has experience with them.  We certainly do as does every attorney we work with.  If you have questions or need help finding a lawyer 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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Illinois carpal tunnel attorney information you need to know

Just got notes from a seminar on the changes to Illinois workers' compensation laws that happened in June.  We have all been operating on the assumption that these laws don't go in to effect until September 1st.  That's true for most cases except for carpal tunnel claims.

For carpal tunnel, as of June 28th the new laws apply when it comes to your settlement.  So the most you can get for an injury after that date is 15% loss of use of your hand or 30% if you have permanent restrictions.   The payment is also based off of 190 weeks of disability instead of 215 weeks as was the law before.

We just signed up a new carpal tunnel case the other day that will have a July accident date so these new rules will apply.  It remains to be seen how Illinois insurance companies are going to play this out, but it is our position at this time that cases where surgery is performed should be worth 15% loss of the hand if a full recovery is made. 

You can bet that insurance companies will try to low ball claimants.  Not everyone needs an attorney, but if you want full value for your case, we think the only way to get it will be with a lawyer who is threatening trial if the insurance company doesn't do the right thing.

Stay tuned.  We will provide more comments on the law as it develops.

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.

Surveillance in Illinois work injuries

If you’ve been restricted from work or limited in your work because of a job-related injury, it’s important to follow your doctor’s orders.  This is especially important if you are claiming benefits for your work injury because of your medical limitations. 

There are basically two types of workers that work beyond their restrictions:  those that are trying to do too much and not allowing their bodies to heal properly, and those that are not being truthful about their injuries and what they’re really capable of doing.

Insurance companies will frequently try to find out whether a worker claiming benefits is really telling the truth about his or her injuries.  They may set up surveillance video in order to observe and record workers in their everyday lives, to see what they are really capable of.  If they find that you’re lifting what you’ve been restricted from lifting, for example, they’re not going to want to continue paying benefits for you to not work at a job where you need to lift.

Surveillance videotapes are not necessarily something to be afraid of or concerned about.  They shouldn’t pose a problem for you, as long as you follow a few important principles:

1.  Be honest and open about your physical limitations.  Lying isn’t acceptable under any circumstance.  When it’s done to exaggerate a workers’ compensation injury, it can only end up hurting your case and getting you into trouble. 

If you tell your doctor you can’t do something physically, and you’re caught on surveillance doing something more strenuous, you lose all credibility and likely lose you case.  Then any real injury you may have will not get treated as it should.  The penalties for lying and fraud can be even more severe as well.

2.  Don’t try to take on more than you should or are allowed to do.  If your doctor places restrictions on your activity, follow those restrictions.  First, if you don’t, you could set back or permanently damage your body while it’s trying to heal.  Second, if you make your injury worse or hurt yourself trying to compensate for your limitations, then you could risk losing your benefits.

But another result of trying to do activities beyond your limitations is that you could harm your case permanently if you are seen on surveillance video.  Even where you are just trying to push through the pain and do something quickly, you could be hurting yourself both physically and financially if that moment is captured on video.

It’s much better in the long-run to just ask for help or hire someone to do physical work that needs doing, and to put off activities that you shouldn’t do until your doctor lifts the restrictions.  That one moment that the surveillance records you removing snow from your driveway when you’re not supposed to be bending or lifting, can cost you too much in the end, both for your recovery and your case.

3.  Don’t be overly afraid of the prospect of the surveillance video.  If you’re being honest, and listening to your doctor, you should be fine.  And if there is something caught on tape that the insurance company is trying to spin against you, it can be explained or rebutted. 

In a recent case in Illinois, a worker was cut off from benefits after he was recorded doing yard work.  But when the video was fully examined, it showed that it really didn’t go against anything that he was actually claiming he couldn’t do.  Looking at the video closely can show that just because you engaged in an activity that looks physical, you may have done it in a way that supports your claim for your injury.

Sometimes the video can seem to contradict what you’re claiming you can’t do, but even then you have an opportunity to explain what is really happening.  Maybe you were really in a lot of pain when you were lifting or bending, or you had to rest every time you moved and the tape doesn’t show that. 

You need to continue to live your life as best as you can after a work injury.  You can’t hide in your home just because you are worried about a surveillance video making you look bad.   Just be truthful and follow your doctor’s restrictions.

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.

Injuries from repetitive movements at work.

It’s not just the sudden accident at work that can cause a workplace injury.  Many workers in Illinois are able to recover workers’ compensation benefits related to repetitive work injuries.  These types of injuries develop over time as a result of constant twisting, flexing, bending, etc. while performing job duties.

According to a published report, one Illinois worker recently found out that it’s not enough to simply list your job duties, and hope that it will be understood what the duties entailed, and how they caused your injury.  When proving a work-related repetitive trauma, the specifics are key. 

In that case the Workers’ Compensation Commission said that the worker just listed off her job duties, including typing, filing, and using and filling the copy machine.  What were missing, were specific details about the motions she performed, including the body parts affected and the amount of time she did each movement in a day or week.

Illinois courts have cautioned that it’s not necessary to present proof of each separate movement with exact numbers and quantity of pressure involved.   But you do need to be able to show that your injury was related to your job duties particularly, and not just the ordinary wear and tear our bodies go through anyway.

The cases where repetitive trauma was found to be work-related generally contain a solid level of detail.  They show what the tasks were, and that the movements were performed on a daily basis for a significant period of time.  Medical records should show that there is evidence that your injury was caused or made worse by the repetitive hand, arm, or other body movements in performing your job. 

For example, a treating physician can testify that you suffered trauma from:  consistently pushing and pulling with your upper body; consistently manipulating objects with your fingers; consistently grasping and twisting with your hands; and other such movements throughout the course of your workday.

While specific mathematical proof may not be necessary to establish this kind of a workers’ compensation claim, a specific detailed showing of your work activities and their medical result may in fact be key.

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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Fired for filing an Illinois workers' compensation claim

The Illinois workers’ compensation system protects employees from being fired because they are filing claims for benefits.The law is clear, that in order to protect workers’ rights to receive workers’ compensation benefits, employers are not allowed to fire an employee for exercising his or her rights.  This is considered a "retaliatory discharge."

But proving that you were fired because of the workers’ compensation claim is not as easy as it may seem.  It is not enough to merely argue that you filed a claim, and then you were fired.  If it was that simple, then filing a claim for benefits would always give you complete job security, because your employer could never terminate you.

Instead, the responsibility rests with the worker to show that the firing was connected to the workers’ compensation claim.  If your employer has a valid reason to fire you, and it’s not just to cover up for firing you because of your claim for benefits, then you have not met your burden to prove a retaliatory discharge.

Often these situations arise where an injured worker doesn’t return to work after a period of recovery.  If your treating physician continues your restriction from working, but an Independent Medical Exam (IME) physician hired by the insurance company gives the opinion that you should be able to return to work, then what?

If there is a disagreement among physicians as to whether you are able to return to work, you are allowed to rely on your treating physician’s opinion, and not go back to your job at that time.  If your employer fires you solely based on relying on the IME opinion, when it’s known that you have a different opinion from your doctor, this could be considered a retaliatory discharge.

The Illinois workers’ compensation system has a process for resolving those issues.  If you can’t agree, you take it to the Illinois Workers’ Compensation Commission to make a ruling.  But your employer cannot just decide that the IME is correct, and rely solely on that opinion to fire you for not returning to work, when you have an opposing medical opinion.

Sometimes, though, these situations can get even trickier to prove.  In some recent Illinois cases where a worker was fired when there were conflicting IME and treating physician opinions, the argument for retaliatory discharge was rejected anyway.  In each case, the court found a valid reason for the firing, separate and apart from the IME opinion. 

Even in a case like this, where you could argue that your employer relied on a different IME opinion and fired you for not returning to work, you still have to show that there wasn’t some other valid reason you were fired.  For example, in one case, the employer had attempted to contact the worker to return to work, even after the workers’ compensation claim was filed.  This showed that there wasn’t necessarily a motive to retaliate for the claim.

The right to file a claim for workers’ compensation benefits is secure from any backlash for exercising that right.  But employers remain able to decide to fire an employee for a legitimate reason, even after a claim for benefits is filed.

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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Bogus job offers

Under Illinois work comp law, if you have any physical job restrictions, generally speaking you are entitled to continued payment of TTD benefits until a job is  found for you within your restrictions or you no longer have the physical restrictions.

For example, we represented a laborer with a major ankle injury which prevented him from being able to lift heavy objects or walk on un-even ground.  His foot surgeon gave him permanent restrictions of no lifting more than 20 pounds along with walking on even ground.

There was no job available within those restrictions and he ended up on TTD benefits for two years until a job was found for him.

Recently we had a case where a client also had a major injury, this one was to her back.  She had a ten pound lifting restriction.  The "smart" insurance company sent a letter saying that a job was available and she should report.  Of course it was a bogus job offer as there was nothing available within her restrictions.  She was harassed at work when she wouldn't risk further injury by doing the job they asked and got sent home.  The insurance company cut off her TTD benefits which was against the law.

Of course this case was taken to an arbitrator and won all of the back benefits as there was no basis for cutting him off.  A bogus job offer can't screw up your honest claim.

If you have restrictions from a work injury and a light duty job offer is made that will allegedly accommodate those restrictions, you should try that job, see if you can do it, but above all, don't feel pressured to do things that are beyond your restrictions.  There is nothing more important than your health and no worker should make themselves physically worse because the employer or insurance company isn't following the law.

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.

Your aching back--not to be taken lightly.

Back injuries are very common among workers, whether or not they are in a physically demanding job.  There are many causes of back injuries, and they range from sudden, single events to long-term degeneration.  Regardless of the way it developed, if your work activity caused your back injury or if it worsened a pre-existing condition, Illinois workers’ compensation benefits should be available to you.

Back and spinal issues can come from obvious activities like heavy lifting, car accidents, or other traumatic events.  They can also come from degenerative conditions which are affected by injuries, aging, and other health issues.  Regardless, a back or spinal injury can leave you in a lot of pain, and unable to do your job.

One of the common spinal injuries is a herniated disc.  This happens when the hardened outside layer of the disc tears, and the soft inside pushes out.  If this happens to you, you’ll likely notice pain, weakness, and numbness in places such as your lower back, legs, and feet.  The pain may feel like shooting pain down your leg. 

If you notice these symptoms, or you have an injury to your back and the pain isn’t going away after a few days, then it’s time to see a doctor that is very experienced in diagnosing and treating back injuries.  You don’t want to just dismiss it as something that will pass.  A medical doctor such as a neurosurgeon or orthopedic surgeon would be best.  They are better equipped than a chiropractor to diagnose and treat your injury.  Their opinions are also generally given more weight by the Workers’ Compensation Commission.

When you see your doctor for your injury or pain, you will likely be asked many questions about your medical history and the recent events that caused your injury.  Giving your doctor a complete and accurate picture of what happened, and doing it as close in time to your first symptoms as possible, can help your odds in treating your injury, and can also help you to prove that your injury was caused by or aggravated by your work activities.

Treatment for back and spinal injuries often begins with pain medications and physical therapy.  The two can work well together.  Physical therapy helps to strengthen your back over time to be able to hopefully return to full strength and full function.  Pain medications can help you tolerate the process of healing and strengthening.

If that treatment doesn’t work, surgery may be necessary.  There are different kinds of surgeries that can be recommended, depending on your specific injury.  Some surgeries are more invasive than others. 

Back injuries can be very painful, and very debilitating.  You don’t want take an injury like this lightly, and put off seeing a doctor.  That can only lead to complications in treatment, and possibly in proving your case for workers’ compensation benefits. You should be able to recover your medical bills and lost time from work, if your injury was related to your job.  If you have any questions about a back injury, please contact us.  Our attorneys are very experienced in workers’ compensation benefits for these 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.

Illinois ACL and MCL injuries on the job: two ligaments, two outcomes.

Knee injuries can be very painful and physically debilitating.  A contact hit to the outside of the knee, like in a football hit, can cause an injury to both the anterior cruciate ligament (ACL) and the medial collateral ligament (MCL).  Or they can occur separately.  Either way, the likely treatment and outcomes for each of these knee injuries can be very different

ACL injuries:

The ACL has an important job to do.  It attaches to the thigh bone (femur) and continues down through the knee joint and attaches to the shin bone (tibia).   So it’s positioned perfectly to help provide stability to the knee joint, by preventing the femur from sliding too far forward.  When you are doing an activity that involves rotating the knee joint, like pivoting and twisting, the ACL can allow for proper movement but keep the knee from moving out of place. 

That’s why a torn ACL can have a significant impact on your knee’s function and stability.  It makes it harder to do turning or pivoting motions.  Other movements such as completely straightening your knee may be harder or impossible.   Related problems can also develop from this injury, such as arthritis and cartilage tears.

An ACL tear can be very painful, and can also cause extensive swelling.  You don’t want to continue your activity if you suspect you have an ACL injury.  You should get to a doctor for a treatment plan.  You may need to have a period of reducing the swelling, before any more involved treatment can begin.

Most frequently, reconstructive surgery will be recommended for a complete ACL tear, though this is not a complete fix.  The tear cannot be completely repaired, even when the surgery sews the ends back together.  Instead, the reconstructive surgery removes and grafts the torn ends.

MCL injuries:

The MCL also connects up with the femur and the tibia.  It helps to prevent the inside of the knee joint from opening up, when there is stress or pressure on the outside of the knee.  When working properly, the MCL can protect the knee from buckling and can provide stability to the joint.  Usually this protection is needed from a hit or from excessive stretching.

Generally, an MCL tear is less painful than an ACL tear, but it still involves pain and swelling in the knee.  The other major difference between the two is in the treatment and healing process.  Unlike ACL tears, MCL tears are expected to heal quickly, and rarely require surgery.

Instead, the treatment is typically rest, ice, and anti-inflammatory medications to help heal and reduce swelling.  Often regular activity can begin once the pain stops. If it’s a particularly bad sprain, then a knee brace may be recommended.  And sometimes physical therapy or a moderate period away from regular activity can also be necessary for healing.  But regardless, full recovery is expected for MCL 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.