Workers Compensation Lawyer in Chicago, Illinois Work Injury Attorney

When a union member is injured at work, they often contact their union for advice. The union may recommend hiring an attorney and might even provide the name of an attorney for them to call. In some cases, it might just be a helpful referral. In some cases, there is more going on.

We’ve been hearing more and more from injured workers who are not happy with the lawyers recommended by their union. Some say they feel forced to hire these attorneys for their work injury claims. The specific complaints we’ve been hearing is that the attorneys they are referred to blow off their cases once they’re in the door, unless they are a well connected client. They don’t feel like they’ve hired the right attorney.

Some firms are known as “union firms,” and these attorneys get a lot of business sent their way. That in itself isn’t a problem. The question: Why are the unions recommending these particular attorneys? Some are great, but some are not. One reason might be the relationships between the firms and the union heads. There are stories of these law firms taking union heads on vacations, buying them gifts like big screen TVs, etc. This is against the law, obviously, but that’s not to say it doesn’t happen.

An attorney should be recommended based on their ability to best represent a client. When it comes to a work injury, the attorney you hire should have specific experience in your type of injury, especially if it is something rare or complex. There is no way that one firm is going to be the best choice for every injury. If you have a heart attack on the job, or an RSD case, or complex back injury, you need someone with that niche experience. When unions refer members to an attorney, it should be based on the best interests of the injured worker, period.

These alleged arrangements are mutually beneficial for the law firms and the union heads. The firms get tons of business; the union heads get perks. But where are the injured workers in this equation? Shouldn’t they be the priority? We don’t promise results, but we do promise service. We believe you should be given all the information, and get a referral based on your individual needs and an attorney’s ability to meet those needs.

If your union recommends an attorney, you don’t have to hire that attorney, even if it seems like you’re getting a lot of pressure to do so. You have the right to seek out your own attorney, or at least get a second opinion.

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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No doubt being injured on the job and unable to work like you did before is stressful.  You’ve got medical bills to pay and a future to plan.  But approaching your workers’ compensation case like you’re nervous or anxious can be a mistake.

Frequently clients feel that they change their course if they take down the insurance company that denied their claim.  Though for you, it’s understandably personal—it’s your life that’s on the line.  But for the insurance company, it’s just business, and whether they were right or wrong to deny your claim will not make or break the company.  Rather than focusing on hurting them, we want to focus on helping you.  Bringing your case before an Arbitrator who will make an appropriate ruling is the better way to deal with the insurance company.

Because of the pressure of what’s at stake, we also see clients censor themselves when speaking to their attorneys.  Apparently there’s a concern that if they tell us everything they could be burned by it.  This is absolutely not the case.  Not only are we legally required to keep our conversations confidential and not do anything to hurt your case, but we wouldn’t want to see anyone’s situation made worse by talking with a lawyer.  We are here to get you going on the right track to healing and recovery.

So the best thing you can do is be open and honest with us so we can fully analyze your situation.   We will go through the facts of your case and the possible outcomes.  Lawyers are there to help your case progress to get you the benefits you are legally entitled to.  So there shouldn’t be any reason to be fearful and feel you need to question everything you say. 

Though no lawyer can guarantee any particular result in a case, we can promise that we will listen carefully, analyze your situation, and keep everything you say in confidence and after that we will give you a blunt, honest assessment of what you are dealing with.  

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 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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Fresh off the Illinois Workers’ Compensation Commission website:

Arbitration assignments announced

The calls of former arbitrators will be handled as follows:

In addition, Arbitrators Jutila and Neal are out on medical leave. Arb. Jutila's call will be handled by Arb. Williams during Arb. Williams' trial dates. Various arbitrators will cover for Arb. Neal.

Starting in January 2012, arbitrators have been assigned to the new Downstate arbitration regions as follows:

One arbitrator will appear at each hearing site each month. Arbitrators will rotate in the sequence shown, e.g., Arb. Simpson will appear in Collinsville in January, Mt. Vernon in February, and Herrin in March. Put another way, by site, in Collinsville, Arb. Simpson will appear in January, Arb. Luskin in February, and Arb. Granada in March. See the 2012 downstate arbitration calendars for more detail.

All cases, including those with emergency petitions, will be randomly assigned among each region's arbitrators. A party with a 19(b) or 8(a) case will need to appear before the assigned arbitrator.

To accommodate the three-arbitrator regions, effective 1/1/12, we will return to 90-day continuance cycles. We are in the process of reassigning cases to the regions, and will send corrected notices. Any partially tried cases will stay with the original arbitrator.  Click here to view the new accident location table, effective 1/1/12; note there are a series of tabs, one for each hearing site.

Please send settlement contracts to the assigned or covering arbitrator. Settlement contracts may be presented to any arbitrator at the assigned venue, or may be mailed only to the assigned arbitrator.

During these transition months, please do not bifurcate trials if at all possible. That only adds to the complexity of tracking and reassigning cases.

All tried-but-undecided cases and partially tried cases will be redistributed soon among arbitrators. If proposed decisions are due and a case is unassigned, email the proposed decision to Bertha Parker. The Commission will prepare and pay for a transcript. If parties want a new trial, they can present a motion immediately to the newly assigned arbitrator, who will determine if sufficient cause exists to grant a new trial. 

If you have any questions about these changes, please contact Bertha Parker.

posted 10/25/11

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If you are injured at work, you are probably overwhelmed. How can you make sure you get benefits? Should you hire an attorney? Here are six tips to get you started.

Be honest

There are many steps and stages in an Illinois workers' compensation case, and you'll probably end up telling your story over and over again. Being honest about where and how you were injured will save you from inconsistencies that could hurt your case. Further, honesty with your attorney is absolutely necessary. If your lawyer isn't well informed, it will get in the way of their ability to represent your best interests.

Report your injury right away

As soon as you are injured at work, you should report the injury to your supervisor. Not only will notification start the benefits process, but it will satisfy the 45-day notice requirement in Illinois. If you don't notify your employer of your injury within 45 days, your benefits could be denied. The best way to report your injury to your employer is in writing.

See a doctor

Nothing is more important than your health. If you are hurt on the job, you may be concerned about getting in trouble. Or you may think your injury is too minor to seek medical attention. This should not stop you from seeing a doctor. In Illinois, 100% of your medical expenses are covered by workers' compensation insurance (so long as the treatment is reasonable and related to your work injury).

Keep a journal

A written account of your injury is a good place to start. Write down how and when you were injured, who was there, and who was notified. Keep track of your interactions with your employer and their insurance carrier regarding your benefits. Write down any changes, whether good or bad, related to your health. You never know how long your Illinois workers' compensation case will continue, so it's a good idea to have a reliable record rather than rely on memory.

Communicate with your lawyer

From the beginning, tell your lawyer the complete story. After that, keep your lawyer up to date on any changes in your case, including your health. Again, the best way to do this is write everything down. If your lawyer isn't informed, then your case could suffer. Illinois has many good work injury attorneys who will do everything they can to get you benefits, but they can't succeed unless they have all the information.

Don't be a tough guy

If you get hurt, get treatment. Your health should be your number one priority - don't wait around for your injury to worsen. Also, getting treatment right away will help establish that your injury happened at work (a fact insurance companies try and dispute). The more time that goes by between an injury and treatment, the easier it is for the insurance company to argue that the injury was caused outside of work.

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 hurt while traveling for work, you may receive benefits under the state's workers' compensation law, which includes compensation for medical expenses as well as lost wages and other costs. Travel can mean driving from the office to a client site 15 minutes away or flying to another state for business. Your daily commute, however, is viewed as an activity outside of work. If you are injured on your way to or from work, you will likely not be entitled to workers' compensation benefits.

The criteria for receiving workers' compensation is based on whether your travel was for the benefit of your employer and therefore considered work related. If you are injured on the way to a client site or business meeting or while you are there, you should qualify for Illinois workers' compensation benefits. If you are injured while running errands for your boss, you may be entitled to workers' compensation benefits because the errands were for the benefit of your employer. Other examples of when you may qualify would be if you were transporting work materials in your car or if you can show that you were being paid for the travel time to and from work.

You may also be covered even if you aren't actually working when you get hurt. The criteria there is whether it's 'reasonably foreseeable' that you would be doing what you were doing at the time you were injured. For example, if you slip and fall while leaving your hotel to go out for dinner with a client while on a business trip, you should be covered. Of course, if you become intoxicated at dinner and are injured as a result, you will likely not be covered.

There are examples where injuries sustained during recreational activities on a business trip actually still qualify for benefits. One well known example is that of an employee in Hawaii on business who was hurt while riding a bike in a volcano during his free time. He was entitled to workers' compensation benefits because it was considered reasonably foreseeable that one would do some sight-seeing on off hours on a business trip in Hawaii.

What is considered a work-related activity or what is considered reasonably foreseeable is not always obvious. Therefore, it is strongly recommended that you consult with an experienced workers' compensation attorney. An attorney who has experience in this field can ensure that you get the benefits to which you're entitled.

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 hurt on the job, your employer's insurance company may offer you a lump sum settlement. The insurance company is not required to do so but they may and then you must ask yourself whether you should take it or fight for more at trial. There are many factors, even above and beyond the actual amount, that go into answering that question. Before you accept a settlement from an insurance company, you should talk with an experienced attorney about the facts of your case and the best course of action for you.

Settlement offer amount- The amount isn't the only factor to consider in deciding whether to accept a settlement or go to trial, but it is extremely important. An experienced attorney can tell you if the amount offered is in the ballpark of fair and reasonable. Some of the things he will consider are whether the amount compensates you for the permanent nature of your injuries, whether it covers disputed medical bills or other medical costs and whether it compensates you for future lost wages, among other things. Also, you and your attorney will devise a game plan of perhaps a first negotiation for a higher amount and, if that fails, to proceed to trial.

Timing of receipt of settlement amount as opposed to trial - Even if there is a very good chance that you could win a higher amount at trial, settling now for a lesser amount might actually be the wiser decision for you, depending on your circumstances. Do you desperately need the money and can't wait for a trial? Has the whole ordeal been hard on your health and the stress of a trial could only make it worse?

Timing with respect to your health - It is extremely important to remember that you should never settle your case until you are at the healthiest you can be and don't currently need more treatment for your injury. You do not want to be in a situation where you settle only to learn that you need more treatment. You can't then go back to the insurance company. Once you settle, it's over. Illinois work injury attorneys know this standard for waiting until your treatment is complete. If it seems your attorney is not considering this but is making a decision based on what will get him paid quicker, find a new lawyer.

Chance of success at trial -Your attorney will consider your case and whether the disputed issues are likely to be resolved in your favor. What kind of evidence do you have? If it is solid, why not show it at trial? If it's not, is a trial too risky? Settlements are a guaranteed amount and closure to your situation. You can't appeal a settlement after you accept and receive the money. On the hand, a trial is risky - you could get a much higher amount or you could not. Your attorney should clearly explain to you his assessment of your chances at trial and a risk/reward analysis.

Future medical rights - As noted above, when you settle, there is no appeal. You sign a contract that has consequences your attorney should explain to you, such as the forfeit of all future medical rights for treatment related to your injury. This means that if your injury unexpectedly gets worse next year and you need major surgery, workers' compensation will not cover it. You signed a settlement and it's over. A new, different injury or accident in the future is a new unrelated matter but, as for your original injury, you won't be compensated if you need further treatment.

If, however, you go to trial and win, your future medical rights relating to your injury never cease. This means that if your injury unexpectedly gets worse next year or ten years later and you need major surgery, the insurance company will have to pay for it. So, you may not get a lump sum settlement but rather payment over time. Only you and your attorney know what the best option is for you.

Whether to settle or go to trial is not a simple decision but one that you and your experienced attorney must carefully assess to make sure you devise a strategy that best serves 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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To qualify for worker's compensation benefits, you must be "injured in the course of your employment by a risk arising out of your employment."

When you drive to and from work everyday, you are not covered under worker's compensation. In other words, if you get into a car accident and are injured on your way home from work, you will not be entitled to worker's compensation benefits. Of course, there are exceptions to every rule so be sure to consult with an Illinois lawyer who handles worker's compensation cases, but this is the general rule.

On the other hand, if you get into a car accident and are injured on your way to a client site - something that is part of your job and that you are paid to do - you will be covered under worker's compensation.

Similarly, if you are injured on a business trip out of town, you will get worker's compensation even if you are not technically working at the moment you are injured. For example, if you are on a business trip and go out to dinner after work and are injured at the restaurant, you will be covered under worker's compensation.

The standard for coverage while traveling for work is whether what you were doing at the time is considered "reasonably foreseeable." If you are traveling for work and staying at a hotel, it would be reasonably foreseeable that you would go to dinner at a restaurant. Therefore, if injured while doing that, you will get worker's compensation benefits.

Possibly the most notorious example of this was a case where a worker was on business in Hawaii and got hurt riding a bike around a volcano, which is clearly a tourist activity. However, it was reasonably foreseeable that someone who travels to Hawaii for work may do this activity while not working and so was entitled to worker's compensation benefits.

Intoxication, though, is not considered reasonably foreseeable under Illinois law. So, if you get hurt while doing something while on a business trip and are found to have been under the influence while doing it, you will not be covered under worker's compensation.

Under Illinois law, attorneys' fees are limited to 20%. So, your attorney cannot receive more than 20% of the total award you receive. However, in some cases, attorneys' fees may be added to the total award.

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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Ok, it was breaking on Friday, but Governor Quinn gor ried of nine sitting Arbitrators (including some that were trying cases last week) and appointed a bunch more.  Some have one year terms, others have up to three years.  My prediction is that this is going to make cases be cluttered and confused.  A lot of these changes took place because some downstate Arbitrators were becoming too cozy with local lawyers.  So instead of just getting rid of them, they came up with a crazy system that will give injured workers less time in front of an Arbitrator and will cause an Arbitrator that lives in Chicago to handle cases five hours from where they live.  But we have to live with this system and live with it we will.  Here are the new and continuing Arbitrators.

Governor Quinn has appointed:

Peter Akemann of Kane County has more than 10 years of experience in State government and has been with the Illinois Workers’ Compensation Commission since 1994. Previously Mr. Akemann worked as a regional claims manager for the Illinois Department of Transportation, is the President of the Children’s Theatre of Elgin / Fox Valley Theatre Co., and has been an active member of community organizations such as the YMCA and the Youth Leadership Academy. He holds a master’s of education from Northern Illinois University, an M.A. from Northwestern University, and a B.S. from Brigham Young University. Mr. Akemann has been appointed to a 1-year term as an arbitrator.

George Andros of Cook County has more than 30 years of experience practicing law and has been with the Illinois Workers’ Compensation Commission since 2005. Mr. Andros holds a J.D. from DePaul University and a B.S. in Management from Northern Illinois University. Previously he was an instructor in real estate law at South Suburban and Moraine Valley Colleges, a senior member of the City of Palos Hills Planning and Zoning Commission, a speaker at the University of Chicago Center for Continuing Education on Medical-legal issues and a speaker for the Illinois Institute of Continuing Legal Education. Mr. Andros has been appointed to a 1-year term as an arbitrator.

Milton Black of Lake County has more than 30 years of experience in civil litigation with an emphasis on workers’ compensation, negligence and wrongful death. Mr. Black has been with the Illinois Workers’ Compensation Commission since 2004, while serving on the Board of Directors of the Workplace Injury Litigation Group, the American Bar Association Employer Liability Section and Trial and Insurance Practice Section. He holds a J.D. from DePaul University. Mr. Black has been a lecturer at numerous workplace injury and workers’ compensation seminars and was appointed to the Select Committee of Judges and Lawyers by the Illinois Supreme Court. Mr. Black has been appointed to a 3-year term as an arbitrator.

Kurt Carlson of Cook County has more than 15 years of experience as a workers’ compensation attorney, and has been an arbitrator with the Illinois Workers’ Compensation Commission since 2004. Previously he represented both employers and injured workers at the Macey, Chern and Diab, Teplitz & Bell, and Power & Cronin law firms. Mr. Carlson also served in the U.S. Army Medical Corp before obtaining his B.A. from the University of Wisconsin and a J.D. from the John Marshall Law School in Chicago. Mr. Carlson has been appointed to a 2-year term as an arbitrator.

Brian Cronin of Cook County has more than 20 years of experience in the finance and business, and has been an arbitrator at the Illinois Workers’ Compensation Commission since 1996. Previously Mr. Cronin was an independent and head trader, broker, trading floor manager and an options specialist for several firms, including the Chicago Board of Trade, Barclays Bank, and O’Connell & Piper Associates. He holds an MBA in Finance and Business Policy from the University of Chicago, and an MBA in Management and Finance from the University of Notre Dame. Mr. Cronin has been appointed to a 2-year term as an arbitrator.

Carolyn Doherty of DuPage County has more than 20 years of experience in workers’ compensation, insurance law, and has served as an attorney with the Illinois Workers’ Compensation Commission since 1998. Ms. Doherty also serves as an Arbitrator in Cook and DuPage County Mandatory Arbitration systems on a rotational basis. She holds a J.D. from the John Marshall Law School and a B.A. from Marquette University, and previously worked as an associate at the Sedgwick, Detert, Moran and Arnold, Hanson & Peters, and Schoen & Smith law firms. Ms. Doherty has been appointed to a 2-year term as an arbitrator.

Greg Dollison of Cook County has more than 20 years of experience with the Workers’ Compensation Commission as a review coordinator, and has moderated negotiations between employers and union representatives. He has served as an arbitrator for the IWCC since 2004. Mr. Dollison has B.S. in City and Regional Planning from the Illinois Institute of Technology and attended Roosevelt University. Mr. Dollison has been appointed to a 2-year term as an arbitrator.

Anthony Erbacci of Cook County has more than 25 years of extensive experience in State government and insurance and labor law. He has served as a staff attorney at the Illinois Workers’ Compensation Commission since 1996 and has been an arbitrator since 1997. Previously Mr. Erbacci served as the Deputy General Counsel of Office of the Special Deputy Receiver, Inc., as Deputy Director of Statewide Enforcement and Chief of Medical Prosecutions at the Illinois Department of Professional Regulation, and as Counsel for the Illinois Department of Labor. He received a J.D. from the John Marshall Law School and a B.A. from DePaul University. Mr. Erbacci has been appointed to a 3-year term as an arbitrator.

Robert Falcioni of Will County has served as a staff attorney and as Acting Commissioner at the Illinois Industrial Commission (Illinois Workers’ Compensation Commission), and has been an arbitrator since 1997. He has more than 20 years of law experience is an adjunct faculty member and instructor of the paralegal program at South Suburban College. Previously Mr. Falcioni was managing partner at Falcioni and Britt, after serving as an attorney at the Charles R. Stone, Hyatt Legal Services and Zalutsky, Pinski and DiGiacamo law firms. He holds a J.D. from Chicago-Kent School of Law at the Illinois Institute of Technology and a B.S. from Illinois State University. Mr. Falcioni has been appointed to a 3-year term as an arbitrator.

Barbara Flores of Cook County brings more than five years of law experience as Corporate Counsel of Alden Management Services, previously in the Labor and Employment law department at the U.S. Postal Service, and as an Assistant Attorney General in the Labor and Employment Unit at the Office of the Attorney General. Ms. Flores also previously worked at the firm Rock, Fusco and Garvey and at the AIDS Legal Council of Chicago. She holds a J.D. from Chicago-Kent School of Law at the Illinois Institute of Technology, and a B.S. from the University of Illinois. Ms. Flores has been appointed to a 2-year term as an arbitrator.

Joann Fratianni-Atsaves of Lake County has more than 30 years of workers’ compensation law experience, having served as a Commissioner (Public Member) for three years and as an arbitrator with the Illinois Workers’ Compensation Commission since 1993. She previously has worked at the Anthony V. Fanone and Osterkamp, Jackson and Hollywood law firms, is a Fellow of the Illinois Bar Foundation, current assembly member of the Illinois State Bar Association, and a member of the Lake County Bar Association Board of Directors. She received J.D. from Northern Illinois University and a B.A. from the University of Illinois. Ms. Fratianni-Atsaves has been appointed to a 3-year term as an arbitrator.

Gerald Granada of Cook County has 17 years of experience of workers’ compensation law, and is currently an Associate Attorney at Ancel, Glink, Diamond, Bush, DiCianni & Rolek. Previously, he worked as a civil trial and workers’ compensation defense attorney at Meachum, Spahr, Cozzi, Postel, Zenz & Matyas, and as an associate attorney at Cullen, Haskins, Nicholson & Menchetti. Mr. Granada has been appointed to a 1- year term as an arbitrator.

Douglas Holland of LaSalle County has more than 20 years of experience with the Illinois Workers’ Compensation Commission. Mr. Holland has served as an arbitrator with the Commission since 1989, and prior to that served for three years as a Commissioner. He is a farmer and entrepreneur, and holds a B.A. from Sangamon State University, and attended Illinois Valley Community College. Mr. Holland has been appointed to a 1-year term as an arbitrator.

Gerald Jutila of Cook County brings more than 30 years of experience representing injured or deceased workers and their families. He has served as Acting Chairman of the Illinois Workers’ Compensation Commission, and has been an arbitrator since 2004. Previously he was an attorney at May, Decker and Associates, managing partner at Collins, Jutila and Shovlain, and counsel at Gibson and Kopsick. Mr. Jutila is a Life Fellow of the Illinois State Bar Association since 1996 and has been a member of numerous professional law associations. He was honorably discharged from the U.S. Air Force Security Service, where he served as Staff Sergeant and Intelligence Analyst. Mr. Jutila has been appointed to a 1-year term as an arbitrator.

David Kane of Cook County has 30 years of overall workers’ compensation law experience as a staff attorney and a former Acting Commissioner of the Illinois Industrial Commission (Illinois Workers’ Compensation Commission). He has been an arbitrator since 1990. He holds a J.D. from DePaul University and a B.A. from Northwestern University. Mr. Kane has been appointed to a 3-year term as an arbitrator.

Svetlana Kelmanson of Cook County brings eight years of law experience, having served as a staff attorney at the Illinois Workers’ Compensation Commission, and as a law clerk at the Appellate Court of Illinois First District. Ms. Kelmanson also worked at the Law Offices of Chicago-Kent College of Law’s Low-Income Taxpayer Clinic and the Employment Discrimination / Civil Rights Clinic, and at the law firm Sachnoff & Weaver. She holds J.D. with high honors from Chicago-Kent College at the Illinois Institute of Technology and a B.S. from the University of Illinois. Ms. Kelmanson has been appointed to a 3-year term as an arbitrator.

Jacqueline Kinnaman of Cook County has served as a Commissioner of the Illinois Industrial Commission (Illinois Workers’ Compensation Commission) for more than 10 years, and has been an arbitrator since 2004. Ms. Kinnaman previously represented public employees as an attorney for the American Federation of State, County and Municipal Employees (AFSCME) Council 31, and as General Counsel of the West Virginia Education Association. She attended the University of Wisconsin Law School, during which she also worked in the legal counsel office of Governor Schreiber. Ms. Kinnaman has been appointed to a 1-year term as an arbitrator.

Edward Lee of DuPage County has more than 30 years of overall workers’ compensation law experience. He served as a U.S. Army Armor Officer, representing soldiers or the Army in court martial cases. Mr. Lee worked in private practice specializing in workers’ compensation law, representing both respondents and petitioners. He has been an arbitrator at the Illinois Workers’ Compensation Commission since 1997, and in 2004 served on the Review Board dealing with disciplinary issues concerning Arbitrators and Commissioners. He holds a law degree from John Marshall Law School and attended Tulane University for his undergraduate studies. Mr. Lee has been appointed to a 2-year term as an arbitrator.

Joshua Luskin of Cook County has 15 years of law experience and is currently a partner at the law firm Nyhan, Bambrick, Kinzie & Lowry, specializing in workers’ compensation. Previously, Mr. Luskin has served as an arbitrator with the Cook County Mandatory Arbitration program, a Lieutenant in the U.S. Navy Judge Advocate General’s Corps as a prosecutor, as counsel of the Champaign County State’s Attorney’s Appellate Prosecutor and a Champaign County Assistant State’s Attorney. He holds a J.D. from University of Michigan and a B.A. from Macalester College. Mr. Luskin has been appointed to a 2-year term as an arbitrator.

Molly Mason of Cook County has more than 25 years of workers’ compensation law experience, served as a Commissioner with the Illinois Workers’ Compensation Commission since 2007 and as a staff attorney since 2003. Ms. Mason previously worked at law firms Corti, Freeman & Aleksy, and Burke & Burke, and has published several articles in the Illinois Bar Journal. She holds a J.D. from Loyola University, and a B.A. from Harvard University. Ms. Mason has been appointed to a 2-year term as an arbitrator.

Stephen Mathis of Sangamon County served for 10 years as Legal Counsel and Staff Analyst for the Illinois Senate Staff, and has been an arbitrator with the Illinois Workers’ Compensation Commission since 1996. He holds a J.D. from John Marshall Law School and a B.S from the University of South Florida and has more than 20 years of workers’ compensation law experience. Mr. Mathis has been appointed to a 1-year term as an arbitrator.

Neva Neal Mundstock of Sangamon County has more than 25 years of experience in workers’ compensation and has been an arbitrator at the Illinois Workers’ Compensation Commission since 1981. She has studied Administrative Law and the National Judicial College and holds a B.A. from the University of Illinois at Springfield. Ms. Neal Mundstock has been appointed to a 1-year term as an arbitrator.

Peter O’Malley of DuPage County has more than 20 years of workers’ compensation experience as a staff attorney of the Illinois Workers’ Compensation Commission since 1995 and as an arbitrator since 2003. Previously Mr. O’Malley represented petitioners and respondents in workers’ compensation cases at Kubiesa, Power &Cronin and Bullaro, Carton & Stone. He holds a J.D. from the John Marshall Law School and a B.S. from Marquette University. Mr. O’Malley has been appointed to a 1-year term as an arbitrator.

Maureen Pulia of Cook County brings extensive experience in business, government and workers’ compensation. She has been a staff attorney for Illinois Workers’ Compensation Commission and has been an arbitrator since 2003. Previously, Ms. Pulia was the Director of Access Health, Trustee of the Village of Westchester, and product manager of systems and management at Baxter Healthcare. She holds a J.D. and a B.S. from DePaul University. Ms. Pulia has been appointed to a 1-year term as an arbitrator.

Deborah Simpson of Kane County has more than 25 years of government and law, having served since 2000 in the Office of the Illinois Attorney General’s Administrative Review / Civil Prosecutions Unit. Previously Ms. Simpson was attorney at the State’s Attorney’s Offices for Kane, Vermilion and Cook Counties. She has been a part-time instructor at the Danville Area Community College, and is a member of several community organizations. She holds a J.D. from the John Marshall Law School and a B.A. from DePaul University. Ms. Simpson has been appointed to a 2-year term as an arbitrator.

Lynette Thompson-Smith of Cook County has been Special Assistant Attorney General of the Illinois Industrial Commission Bureau since 1989. Her previous experience includes working as an Associate at the City of Chicago’s Office of the Corporation Counsel prosecuting license violations, as a law clerk at the Circuit Court of Cook County and as a law clerk at the Office of the Cook County Public Defender. She received a Certificate of Completion from the International Workers’ Compensation College of the International Association of Industrial Accident Boards and Commissions at Salve Regina University, Rhode Island and received her Doctorate at Rutgers School of Law in 1983. Ms. Thompson-Smith has been appointed to a 3- year term as an arbitrator.

Jeffrey E. Tobin of Morgan County has been an arbitrator with the with the Illinois Workers’ Compensation Commission since 2004. Mr. Tobin holds a J.D. from T.M. Cooley Law School. Prior to joining the Commission, Mr. Tobin worked at Pratt & Tobin, P.C. from 2000 through August 2002 resolving workers’ compensation claims. In 2002, Mr. Tobin was Partner at Thomson, McNeely & Tobin, P.C. handling workers’ compensation and personal injury claims. Mr. Tobin has been appointed to a 2-year term as an arbitrator.

Ruth White of Sangamon County has been an arbitrator with the Illinois Workers’ Compensation Commission for the last 30 years. Ms. White graduated from the University of Illinois, College of Law in 1973 and started working at the Law Office of Richard Grummon. Ms. White served as special Assistant to the Attorney General from 1976-1978 and joined the Workers’ Compensation Commission (formerly known as the Industrial Commission) in 1979. Ms. White has been appointed to a 1-year term as an arbitrator.

Robert Williams of Cook County has more than 30 years of experience practicing law in government and in the private sector, and has been an arbitrator with the Illinois Workers’ Compensation Commission since 1997. Previously, Mr. Williams has served as Chief of the Chicago Industrial Commission bureau of the Office of the Illinois Attorney General, as legal counsel for the Illinois Office of the Comptroller and as corporate counsel in the City of Chicago’s law department. He also was an associate at Washington, Kennon, Bryant & Hunter, holds an MBA from the University of Illinois, a J.D. from Loyola University, and a B.S. from Le Moyne- Owen College. Mr. Williams has been appointed to a 2-year term as an arbitrator.

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Workers who have been exposed to the chemical Diacetyl, which is used to increase butter flavor and taste in products and is largely found in microwave popcorn, may be at risk for the disease known as Popcorn Lung.

Popcorn Lung, or Popcorn Workers' Lung, is a disease where the bronchioles (small airway branches) are plugged with granulation tissue, causing lung usage to be as low as 16% to 21%, as opposed to the normal 80%.

Symptoms include severe shortness of breath, a dry cough and wheezing. Since these symptoms are similar to other respiratory diseases such as asthma or emphysema, a misdiagnosis can occur, and a second opinion is strongly encouraged.

The severity of symptoms varies from a mild cough to a severe cough. Also, the onset of symptoms can range from gradual to sudden onset. That is why it is important to see a doctor if you have been exposed to Diacetyl even if you feel fine.

By reducing exposure to Diacetyl, you may believe you are in the clear. However, Popcorn Lung is irreversible once it has developed and reduced exposure will not improve your condition. Patients may even require a lung transplant in severe cases.

Exposure to Diacetyl has been found to be one of the main causes of Popcorn Lung. However, exposure to polyamide-amine dyes and thionyl chloride fumes may also cause the disease. Also, it is not just popcorn manufacturers that use Diacetyl. It is also used in ice cream, candy, cakes and other products.

If you have been exposed to Diacetyl or any of the other possible inhalants that cause the disease, you should see a doctor to be tested for Popcorn Lung. Again, do this even if you feel fine and regardless of your role or the product produced in the plant.

If you continue to be exposed to Diacetyl or any of the other possible inhalants that cause the disease in the workplace, you should obtain and read the National Institute for Occupational Safety and Health (NIOSH) Booklet "NIOSH ALERT: Preventing Lung Disease in Workers Who Use or Make Flavorings" as well as see a doctor to be tested for Popcorn Lung.

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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Although every workers compensation case is different, below is a list of the typical process involved in Illinois.

Step 1: Worker is injured.

Injury can either occur instantly during a specific accident, or it can be realized over time from repetitive trauma.

Step 2: Worker notifies his or her employer.

Workers are encouraged to notify their employers as soon as possible after an injury. It is a requirement for workers to notify their employers within 45 days of when they know or reasonably should know that they were injured on the job.

Step 3: Worker receives medical treatment.

Workers are encouraged to seek medical treatment as soon as possible after an injury. The worker's employer must pay for 100% of the reasonable and related medical treatment, which includes co-payments and out of pocket expenses.

Step 4: Worker obtains a lawyer.

Retaining a lawyer can increase an injured worker's chance of receiving all of the benefits allowable under Illinois law. Although injured workers are not required to retain lawyers, it is highly recommended. Illinois workers compensation lawyers are paid based on a percentage of the benefits that they earn for their clients as opposed to an hourly rate. Thus, Illinois workers compensation lawyers only get paid if their clients get paid.

Step 5: Employer pays worker for lost time.

When workers are unable to perform their normal duties, and their employers are unable to find alternative duties within their medical restrictions, then workers are entitled to temporary total disability benefits for their time off work.

Step 6: Worker receives independent medical exams.

Usually, injured workers are required to visit an independent physician of his or her employer's choice.

Step 7: Worker's lawyer files petition for arbitration.

If a worker is not given the appropriate medical or wage benefits owed by his or her employer, then that worker's lawyer can file a petition for arbitration. When a petition for arbitration is filed, the dispute between the worker and his or her employer is resolved by an Arbitrator.

Step 8: Worker is discharged from medical care.

Eventually, doctors determine that a patient has recovered from an injury as much as he or she possibly can. When this conclusion is reached, the patient is released from medical care and has no need for further treatment.

Step 9: Worker's lawyer negotiates settlement.

Once an injured worker has finished medical treatment, an attorney can begin negotiating an appropriate settlement based on review of all of the medical treatment that was necessary for treatment of the injury.

Step 10: Either worker or employer can file an appeal.

If either party involved in arbitration is not satisfied with the result, they can file for an appeal. Appeals are first reviewed by a three panel board of Commissioners. After that, an appeal can be filed with the Circuit Court, Appellate Court, and possibly the Illinois Supreme Court.

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 Illinois, injured workers can receive workers compensation benefits for a variety of injuries. Just because you were hurt at the job in Illinois does not mean that you will receive workman's compensation benefits. Below are some examples of injuries that are covered by Illinois workers compensation laws.

Repetitive Trauma
Workers can recover benefits for injuries that result from repetitive movements when those movements are required for the completion of work related tasks. One of the most common types of repetitive trauma injuries is carpal tunnel syndrome, which usually results from constant computer use. Additionally, repetitive hammering with a heavy tool over time can eventually result in repetitive trauma injuries to the arms. Even standing for prolonged periods of time can constitute repetitive trauma to the legs if the standing is required to perform a job related task.

Traumatic Physical Injuries
An employee can receive benefits for a traumatic physical injury if it occurs while performing a specific work related activity. For example, when a worker falls off of a ladder and breaks a leg, that worker can receive benefits because the injury occurred simultaneously by a specific work related incident. Likewise, a worker can recover workers compensation benefits for hyper extending his or her arm while reaching up to restock a shelf at work. Work related traumatic physical injuries represent the most common claim in Illinois workers compensation law.

Occupational Diseases
When workers are diagnosed with diseases that result from exposure to elements at work that they ordinarily wouldn't have exposure to outside of work, they can recover workers compensation benefits. For example, a coal miner can sue for a lung disease that is caused by inhaling coal dust at work.

Mental Injuries
Workers can receive benefits for mental injuries that arise out of employment. There are two types of mental injures, those that arise out of emotional strain and those that arise out of physical injuries. An example of a mental injury that arises out of a physical injury is when a worker is hit on the head with a piece of equipment and suffers memory loss. An example of a mental injury that arises out of emotional strain is when an employee witnesses a hand amputation at work and suffers insomnia as a result of witnessing the event.

In our opinion, the best lawyers for work injury cases almost exclusively handle workers compensation matters in Illinois. Because they are focused on one area we believe that they are best suited to know the Arbitrator's and the laws and achieve the best results for their clients. Because these attorneys are focused on workers compensation, they are familiar with the laws and more likely to maximize the compensation awarded to their clients.

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 on the job in DuPage County and you have trouble getting your benefits, you do not file a lawsuit. Instead, you file a claim with the Illinois Workers' Compensation Commission in Wheaton.

The commission has many locations throughout the state. Your claim is assigned to the location closest to the site of the injury. If you suffer a work-related injury in DuPage County, your claim will be assigned to an arbitrator at the DuPage County Government Center in Wheaton, located at 421 N. County Farm Road, 1-500A JTK Bldg. If you are injured out of state, your claim will be assigned to the location closest to your home. So if you are injured in Indiana, but you live in DuPage County, your case will still be assigned to the government center in Wheaton.

You should file a claim with the Commission as soon as possible after an injury. There are strict time limits on notifying your employer and filing claims in these cases. It is important not to miss the deadline because you may lose your only chance to file a claim. The time limit for filing a claim is generally three years from the date of the injury, but be sure to check with an experienced attorney.

Your claim will be assigned to an arbitrator in Wheaton. Once every two months your case will be up for review by the arbitrator. These are called status hearings, where both parties and their attorneys appear before the arbitrator to discuss the status of the case. This process goes on until there is either a settlement or a trial. A trial can be requested by either side during a status hearing.

If the case goes on for too long without progress - generally three years - the arbitrator can dismiss the claim. The arbitrators are very busy, with possibly a thousand cases or more, so it is your responsibility, and your attorney's, to move the case forward and take action when there is a problem.

If the parties reach a settlement, the arbitrator must approve it before it becomes final. If there is a trial, the arbitrator will make a decision within 60 days after the trial ends. The process may take a couple of years. However, emergency hearings are available in certain situations, such as when medical payments or lost time are involved.

The commission is neutral, just like a court, so I recommend hiring an attorney to fight for you. I believe you will get the best results with an attorney who specializes in work injuries, who appears before the DuPage County arbitrators regularly, and who is respected by the insurance companies.

There are attorneys all over the state who take work injury cases. However, the majority of attorneys who specialize exclusively in work injuries are located in Chicago. In fact, if you go to the Workers' Compensation Commission in Wheaton, approximately 90% of the attorneys you will see are not DuPage work injury lawyers, but rather based out of Chicago. This is unlike other areas of law such as divorce and criminal defense.

Lawyer fees in Illinois work injury cases are limited to 20% of what you recover, but that usually excludes recovery for medical bills or your time off of work. That means that you won't pay for travel costs for hiring an attorney to represent 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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Reaching out to help a coworker in need is admirable, but if you are injured while doing it, you may not be covered under Illinois Workers’ Compensation.  A recent case involving two coworkers on a lunch break highlighted that situation.

The two went out to a local restaurant for lunch while on a break from work, when the truck they were riding in wouldn’t start.  One of them got out to help work on the battery, when the truck lurched forward and hit him.  Because he was injured while trying to help a coworker during their work break, he tried to claim benefits under workers’ compensation, but was denied.

The act of helping someone else could fall within the category of the “good Samaritan” doctrine, which would allow for workers’ compensation benefits to cover an injury.  But it is not enough to be just a good and helpful person coming to someone’s aid.  For the purpose of workers’ compensation claims, your actions have to be the kind that your employer could foresee or anticipate; otherwise you were acting on your own and not in the course of your employment.

In this case, though it was a work-day lunch break, and he was aiding a fellow worker, there was no other connection to his employment.  Their employer did not have any reason to anticipate that he would be trying to jump-start another’s truck.  Also, they were on their own to choose the restaurant, they were parked in a parking lot that was open to everyone and not the employer’s property, and they were not in the process of doing something for their employer. 

The argument was rejected that since the employer did not have a policy against helping with a coworker’s vehicle, and had not told employees not to do it, there must be some level of acceptance for what he did.  Instead, it is basically the opposite:  if there had been a policy saying that employees are expected or required to come to the aid of their coworkers; then the result may be different.  In that scenario, the company policy would show that the employer anticipated and even expected that this could happen.

Similarly, if there was something special about the job or its location, that made it reasonable to expect that employees could need to come to someone’s rescue, the injury could be covered by workers’ compensation.   In these situations, a departure from your usual job duties to help someone could be expected or foreseeable.

But in a situation where the good deed is done without any direction or control or expectation by your employer, likely it is also done at your own risk, and may not create an entitlement for 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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There may be times where, even though you are in a lot of pain, it could be best just to “grin and bear it.”  When you are suffering from pain due to a work-related injury, that would not be the time.  In addition to the physical pain you are needlessly going through, you could also needlessly be hurting your chances to get the workers’ compensation benefits you may be entitled to for your injury.

The workers’ compensation system in Illinois is there to help injured workers get the medical treatment that they need, and to compensate them for their loss when they cannot work as they could before their injury.   But in order to be able to show the extent of your injuries, your medical records, including your doctors’ testimony, need to contain the most accurate information about your current condition. 

A worker in a case recently decided in Illinois, learned this lesson the hard way.  He was a warehouse worker who seriously injured his back while lifting a box, and was diagnosed with a herniated disc.  He received professional medical treatment, including prescription pain medication.   When his case was heard at the Workers’ Compensation Commission, the amount of his recovery was lowered, because the Commission determined he was exaggerating his symptoms.

This decision to downgrade his recovery was based on the fact that he claimed to be experiencing pain similar to when he was first diagnosed, yet he was not receiving any professional treatment for it like he had done previously.  He was treating his pain with over-the-counter medication and stretching exercises.  Because his home-made treatment was in such contrast to the professional, medical treatment he had received initially, the Commission concluded he was exaggerating his current level of pain.

If, in fact, this worker’s symptoms were not any better, but the only change was his not seeking proper, similar medical treatment, then it’s unfortunate that he lost out on some of the benefits he may have been entitled to, which he needed.  Just putting up with pain may sound like an admirable quality, but in a case like this it can be self-defeating. 

Proper, treating physicians are an injured workers best chance at recovery from an injury.  And they also may be the best chance at showing the true nature of your injury and the pain you are suffering.   Unfortunately some people do exaggerate their symptoms, and it is never appropriate to be anything less than truthful in your workers’ compensation case.  So when you are, in fact, suffering from significant pain from your injury, you do not want to risk being accused of not telling the truth, just because you decided to suffer through it on your own without professional care.

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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It’s hard to imagine an event more related to work than the moment you find out you are losing your job.  But recently the Illinois Worker’s Compensation Commission decided against a police officer who was injured when she fainted after being surprised by her termination.  The officer’s firing had apparently come without warning.  When she heard the news, she was so shocked and upset, that she fainted, and in the process injured her forehead and knee. 

There was no apparent reason for her fall other than the emotional trauma she had just experienced.  There was nothing in her surroundings and no other fact about her job that seemed to contribute to her fainting or her falling; or that made her injury from the fall worse.  Because of this, she was denied workers’ compensation benefits.  The arbitrator found that there was nothing about her workplace conditions that contributed to the fall or to her injuries.

In a situation like this, it would have seemed like a good argument; that the stress from suddenly losing your job can set off a physical reaction like fainting.  And the fainting then is connected to work, because certainly without being involved in employment, you can’t be terminated from employment.

The claim was denied, though, because even though firing is a function of work, being laid off or terminated is a stress that everyone faces at work, and it’s not a stress specific to her employment.  It is an unfortunate reality that most people go to work every day with the possibility that they could lose their job.  So her fainting after firing remains a risk that is only unique to her personally, and not to her work.

The decision to deny benefits did seem to leave open the possibility that if there was some medical testimony or record that showed there was something about her specific firing that caused her to faint, the results may have been different.  So every situation is worth looking at to see if its own special facts can end with a different result.  But without anything more, losing your job, though very traumatic, is not likely to result in an injury that can 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.

10/5/11

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Sometimes bad luck can turn to worse luck.   You’ve had a work injury and you’re undergoing treatment to try to make a full recovery.  In the meantime, you have another accident which is not related to work, and now you’re in more pain than before.  Does this second accident disrupt your future workers’ compensation benefits?

In Illinois, you are entitled to workers’ compensation benefits to pay for treatment for all the natural consequences of your work injury.  This would even include surgery or other procedures that would be needed in the future.  But if there is another, unrelated accident that breaks that chain, your right to benefits could be severed as well.

Winning your argument that your second accident shouldn’t affect your benefits, can often turn on what is in your medical records and the testimony of your doctors.  If you can show that you have been consistently receiving treatment for your original injury and have not made a full recovery, the second accident is less likely to affect payment for ongoing and future treatment.

Recently a case like this was decided by the Illinois Workers’ Compensation Commission.  A man injured his back at work, lifting heavy objects.  He had never had treatment for back pain before his work injury, and after that he had constant back pain.  During the time he was trying to recover from his work injury, he had another accident--a fall, which was completely unrelated to his job.  He needed back surgery, but the insurance company was disputing the surgery was related to his work injury, arguing instead that his subsequent fall cut off his right to benefits.

But the medical records and testimony in his case helped to show that the work injury was ongoing, and that his back had not fully recovered.  He had continued his treatment for his back on a regular basis, ever since he first injured it.  He was told by his doctor to stay off of work and had not been released yet at the time of the second accident.  Also, there was evidence that even before his fall, the doctor had ordered further tests and was considering back surgery because of his original injury.

Because he could show that the results of his work injury were still ongoing, the fact that another accident contributed to his pain did not do anything to cut off his right to continue benefits.  This included benefits for back surgery he could need in the future.  His medical records had already established that the surgery might be necessary, even before he had the fall.

It is easy to put off seeing your doctor, and getting all the treatment that you need when you have been injured.  After all, if you are in pain, it may not be so easy to get out and go to the doctor.  Keeping on top of your treatment, though, is very important for your health, so you can make your best recovery.  But it also may be critical for your workers’ compensation benefits.   We never know what’s going to happen in life, and you wouldn’t want an unexpected accident to not only cause you more pain, but cause your insurance company to try to stop paying your benefits you are entitled to for your work injury.   While we can certainly present your case that your injury is still caused from your work accident, you’ll have a much better chance if your medical records show your ongoing condition and need for continued treatment.

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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Insurance companies are allowed under Illinois workers’ compensation rules, to send injured workers for an Independent Medical Evaluation (IME).  This may happen when you are receiving benefits for your injury and the insurance company wants to have another medical opinion about your injuries, your treatment, and the compensation for your injuries.

Even though you are required to go the IME appointment or risk losing your benefits, you aren’t required to have to pay for it yourself.  Not only are the time and place of the appointment supposed to be reasonable, but the costs associated with the appointments for the IME are required to be given to you in advance.  The notice of the time and place for the IME should include the costs for travel, meals, and lost wages if work will be missed.

A recent Illinois case highlighted the significance of the costs being paid in advance.  A worker got the IME notice, but instead of the money for costs, there was a statement that the travel expenses would be paid at the exam.  This is not what the law requires though.  Payment for travel for the IME should be given along with the notice.  And if the costs are not included, the worker does not have to go to the IME appointment. 

In this case, when the worker did not show up for the appointment, her benefits were terminated.  The insurer’s position was that benefits could be terminated because the employee did not fulfill her obligation to go to the scheduled IME.  But in fact it was the notice for the IME that didn’t stand up, and excused the employee from keeping the appointment.

The failure to prepay the travel expenses made the notice for the IME invalid, so the fact that benefits were cut off because the employee missed the IME date was unreasonable.  This can end up costing the employer more money.  If benefits are not paid in a timely way, and there is no reasonable justification for it, then they can end up owing you more money than just the original benefits you were entitled to.  So where they rely on the workers’ failure to go to the IME to stop benefits, this decision is not reasonable if it is based on their failure to send a proper notice with prepaid costs.

If you have any question about whether you can miss a scheduled appointment, it is better to discuss it with an attorney to be sure you won’t be hurting your case.  But if you are asked to go for an IME, you should not have to risk losing money on a promise to reimburse you later.

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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