Workers Compensation Lawyer in Chicago, Illinois Work Injury Attorney

Most of the time there are consequences for violating rules at work—whether they are safety rules of the workplace, or directives on how to perform your specific job duties.  If you have an accident at work as a result of your breaking the rules, should workers’ compensation benefits be allowed for you injuries?

Answering this question involves looking more closely at the circumstances of your actions.  Sometimes your behavior, though negligent, does not hurt your right to benefits.  But there are other scenarios where the company rule you broke, also severed your chances of coverage.

Basically, there is a distinction between breaking the rules while performing your job duties, and breaking a work rule for your own personal reasons.  If you were doing what you were hired to do, but you violated company policy doing it, you shouldn’t forfeit your workers’ compensation rights. 

For example, an employee who drives to sales calls or deliveries throughout the work day should obey traffic laws and other safety rules.  He or she might at some point, be running late for an appointment, and decide to make up time by speeding.  This would not be a good choice, and clearly not within the directives of the employer.  But if the employee got into an accident for speeding or running a red light, any injuries that were sustained should still be work-related injuries for workers’ compensation purposes.

Even though this employee knowingly violated one or more safety rules, the whole time that he or she was in the car was part of a course of performing the duties of the job.  It was all about getting from one job site to another job site.  Because the employee was injured while in the process of doing the job, then there should be workers’ compensation coverage to pay the bills.

But if you get into an accident because of a personal risk you take for yourself, and not your employer, you could lose your right to benefits.  If the employee that is driving for the job got into an accident because, while driving, he or she was texting to make dinner plans for that night, then this would not likely be a case for workers’ compensation.  The texting was for purely personal benefit, and not part the job.  Since there was no relation between the action that caused the accident, and the business of the employer, then there would not likely be any coverage for the injuries.

Under either scenario, the actions were unsafe and should have been avoided.  But for the purposes of recovering under workers’ compensation, the difference between the two can be significant.  One is a prohibited way of performing the job, and one is a prohibited activity that is not related to the job.

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.

11/30/11

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I had a call the other day from a woman who wasn’t happy with her lawyer.  I asked how she got to him in the first place an she said, “The physical therapist that the insurance company sent me to told me to hire him.” 

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 have helped injured pro athletes in just about every sport.  Many of these athletes played for out of state teams, but got injured while in Illinois.  They are treated like any other worker when it comes to workers’ compensation laws although their contracts typically entitle them to a higher wage than most if they are injured during the season.

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 workers’ compensation law allows the insurance company to try to stop or lower your benefits if you do something that harms your recovery.  This could include either doing something to your health that hurts the progress, or not doing something that could help you.  The standard for what will be considered enough to lose your payments is fairly high, though.  It is by no means an easy case to prove.

In the case of harming your recovery by your own actions, insurance companies have tried to point to such things as cigarette use, alcohol use, and obesity as reasons to lose your benefits.  While there can be facts which could show that the injured worker was actually engaged in some behavior which would harm him or her, generally bad habits alone will not be enough.

Illinois courts have said that basically the worker is who he or she is, and if that means that the insurance company is insuring a smoker, or someone who is overweight, then that’s who they have to insure.  Continuing to smoke, even though it could be bad for recovering after surgery, is not necessarily the same as taking some deliberate action to hurt yourself and your healing.  Possibly if there were several factors about the workers’ lifestyle that combined to make the treatment and recovery so difficult, there may be some different result.

The situation where the worker may hurt recovery by not agreeing to a procedure that could help, is also a hard case to make.  An injured worker does not have to agree to surgery, even if it can be argued that there could potentially be very negative effects from not having the procedure.  Again, the insurance company is insuring the worker as he or she is—fears and all.  If there is a reasonable fear in undergoing surgery, that belief is to be respected.  Benefits should not be lost for acting on these legitimate beliefs, even if there is disagreement about the refusal of treatment.

In either situation, if the worker is acting in good faith and behaving in an honest and reasonable manner, then likely there will not be a good argument for taking away benefits.  Even though some of these decisions and actions could ultimately have a negative impact on the total recovery, some leeway is allowed for the differences in human behavior and beliefs.

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 have been a lot of grumblings about the changes to the Illinois Workers’ Compensation Act that went in to place on September 1^st.  We still don’t know the total impact of these changes, but many people aren’t happy. 

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our statewide network of attorneys. Contact us and we will answer your questions or find the right lawyer for your situation.

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I recently spoke to a potential client who I declined to represent even though he sustained a major, life altering injury while sitting at his desk.   He had a stroke and suffers from partial paralysis now.  The reason I rejected his case is because there is no proof that his job contributed to the bad result.

In order to win an Illinois workers’ compensation claim, you need to show that your injuries arose out of and in the course of your employment.  In the course of means while working for your job.  He met that burden, but doesn’t prove that his injuries arose out of his job which means the job somehow contributed to the problem.

For example, if you are lifting a box at work and your back gives out, the injury is directly related to the job duties.  But for a stroke, it’s usually not the job duties that cause the problem to happen.  It would be different if he had a stroke while performing heavy labor, working in extreme heat or cold or doing something else unusual.  He did say that he had been working long hours and feeling stressed, but that alone is not enough to win a case.

We don’t enjoy turning away clients, especially nice ones with good injuries.  But we always tell the truth and the truth in this case was that the client couldn’t prove his job contributed to his problems.  Without that you have nothing.

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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Weather-related emergencies are a reality of life, and injuries from these events may be unavoidable.  When you are at work, and nature strikes, there is a possibility that your injuries could be covered by workers’ compensation insurance.  But you’ll need more than just being on the job at the time, to turn an act of nature into a compensable injury.

Here in Illinois we experience our share of lightning strikes, tornadoes, and other violent storms.  When these events happen while you are on the job, any injuries you suffer could be covered under workers’ compensation insurance if there was something about your experience and your injury risk that made it unique to your job.

If you were working in a field where there were trees, and you were struck by lightning, you may not be covered.  The only connection to your job, was that you happened to be in a physical location that is susceptible to lightning strikes.  But the general public that is in the same area experienced basically the same risk that you did.  Workers’ compensation would likely not cover your injuries.

It could be a different result, though, if there was something unique about your work environment or circumstances that made the risk of a lightning strike more dangerous.  If some other factor specific to your job enhanced the severity of the situation, then your injuries might be covered.  For example, in one case an employee was working in a greenhouse during a major storm that involved thunder and lightning.  The worker injured in the storm had an expert testify about the unique nature of the climate and soil in the greenhouse, and how it increased the likelihood of injury beyond what others would experience.  These facts make a better case for the injury to be covered.

Similarly, there are situations where employees working in severe weather conditions are hit by debris or other objects.  Even though they were on the job when they were injured by the storm, if there was not some other factor related to a risk of the job, they may not be covered.  But in a case where a store manager was hit by a sign falling through the roof, there was a strong showing for it being a work injury.  There was evidence specific to the sign itself that made it particularly susceptible to wind damage.  Because of this heightened risk, an accident like this one may come within the coverage for workers’ compensation. 

The outside elements can be unpredictable, especially in Illinois.  But we all share that risk together.  Where your job environment and situation create a unique risk, then you may have a workers’ compensation claim if you are injured.

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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Usually when you think of work injuries and workers’ compensation, you’re likely to picture an employee performing his or her job, and some accident or event happens.  But what about when a physical fight breaks out at work, and injuries result?  Consider this scenario:  two employees disagree over who is entitled to a sale from a customer, and words turn into punches.  Can workers’ compensation insurance cover the injuries?

Just because your work injury was caused by a coworker’s fist, does not rule out the possibility of it’s being a covered injury.  In fact quite often these injuries do come within the scope of workers’ compensation.  However there are a few important limitations.

First, as with all workers’ compensation claims, the situation must be job-related.  It is not enough that the fight broke out between two employees.  The fight itself needs to have come out of some aspect of your job.  If two workers at a health club get into a heated argument over politics, and one throws a punch and injures the other, the injuries did not come about as a result of their employment.

However if the health club employees argued over who is entitled to credit for bringing in a new member, and it got physical, then the injuries are likely to be covered.  In this situation, the issue that sparked the fight was related to the job, and so the fight could be considered a risk that is related to their employment.  It’s not that workers’ compensation laws support resolving disputes by violence.  But the reality is that work-related disagreements can escalate, and where there is an injury that follows, there may be insurance coverage.

But there is another significant consideration that limits who may receive benefits from a work-related fight.  Whoever is determined to be the aggressor in the fight cannot claim workers’ compensation benefits for his or her injuries.  Even though two workers may be fighting over a legitimate work dispute, the one who escalated the fight is not entitled to benefit from the conduct.  The reason behind this distinction, is that the aggressor’s action taking the fight to that level breaks the connection to the job.  The person’s own uncontrolled behavior becomes the cause of his or her own injuries.

Deciding which of the employees is really the aggressor in the fight is not always an easy matter.  Cases in Illinois have said that it’s not necessarily the person that starts the fight, or the person that turns the fight physical.   All the facts surrounding the fight will be looked at, including what may have provoked the violence.  Sometimes, what may at first seem like one fight, when looked at closer can really be two separate events.  One person tried to end it and walk away, and the other then pursued it further.

Though the law may say that returning a punch from a coworker does not necessarily prevent you from receiving benefits from workers’ compensation for the injuries; causing a fight likely can. 

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 just began representation of a man who sustained a major injury following a chemical burn at work.  He had an attorney before he contacted us.  Any time someone calls us that is already represented, we try to learn why they want to switch and all things being equal we try to help them stay with their current firm if they can.

There are some work comp law firms in Illinois that seem to have clients that always call us.  This worker was one of them and his story was the same as others that were unhappy with this firm.

Basically his old lawyer talked down to him, yelled at him and often didn’t return phone calls or answer questions.  His thinking was, “Why should I trust someone that treats me that way?”  He’s right and I don’t blame him.

I certainly don’t get a long with everyone or even like everyone that I represent.  But my job isn’t to be friends, it’s to deliver honest and competent service in the best interest of my client.  I’ve fired clients who I found to be liars or just bad people.  But I would never put down a client or not do my job and no one I work with throughout the state would either.

Who does a lawyer think they are to call a client “stupid” or “pathetic” or any of the bad things we’ve been told some lawyers say?  It’s just awful and to quote them, stupid and pathetic.

If you aren’t happy with your law firm, you should try to work things out if you can.  But if they are just bad people then our take is that they don’t deserve to have you as a client.

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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Not every work injury, or every workers’ compensation case, involves vocational rehabilitation benefits.  These may come into play after you have had your maximum medical recovery, and you are still unable to return to your old job.  If your employer cannot accommodate your new work restrictions, then you may be a candidate for vocational rehabilitation services.

These services help to identify and develop your skills to so you may regain employment.  It may involve targeting your talents to come up with options for employment, job training in other areas, education, resume writing, and job searches.  But for a successful rehabilitation program, and for the payment for it to continue, the employee must cooperate fully.

In a recent case, an Illinois worker was denied benefits for vocational rehabilitation, because his job search efforts were insufficient.  The records of his actions did not contain any facts supporting the award of benefits for a rehabilitation program.  There was no indication of what positions he had applied for, who he had contacted, or whether the jobs fit within his physical limitation.  There was no support in his record for paying him benefits for vocational rehabilitation.

Similarly, in another case, a worker had his benefits terminated, because he did not cooperate with the rehabilitation plan.  During the period of his rehabilitative counseling, he did not follow through with what he was told to do.  Namely, he did not get his GED, he did not research job interests, he missed an interview, and he also did not dress properly for an interview.  Because of the lack of cooperation with his plan, he lost his benefits.

Not only is it important to fully cooperate with your vocational rehabilitation plan, but you should also be prepared to prove what actions you have taken.  If you have been awarded vocational rehabilitation benefits, you should keep a careful record of all of your efforts.  The details that you document can help you later if the insurance company tries to claim you failed to cooperate, and terminates your benefits.  As long as you cooperate, they should not stop paying.  But if there is a disagreement as to whether you are fulfilling your obligations, you will need to be able to show evidence detailing what you have done.  Even if you have not been successful in getting a job, you will want to be able to show as many specifics as possible about how you followed the plan, including the jobs you have applied for and been rejected from.

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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September 1, 2011 arrived, and along with it came the effective date of the changes to the Illinois Workers’ Compensation laws.  Work injuries that happened on that date and beyond will be treated according to the new rules.  Some of the changes are somewhat significant, some might not amount to much after all is said and done.  But as lawyers are getting their feet wet in handling cases under the new law, perhaps the most significant aspect of the change, is the newness itself.

What I mean by this, is that along with the changes in the law, comes a period of relative uncertainty.   Lawyers cannot be completely sure how their clients’ injuries will be valued by the Arbitrators hearing workers’ compensation cases.  Under the new law, the American Medical Association (AMA) guidelines will factor in to determine the level of disability, along with other objective criteria.  These new standards may affect how Arbitrators view what cases are worth--they may be lowered; though likely there will not be a significant shift in case values.  Already though, we have seen insurance companies trying to go for the jugular and lower the value of what we think the case is worth.

But regardless of the eventual outcome, right now lawyers are hard at work fighting for those new cases, trying to establish that they have not declined in what they are worth.  And insurance companies are certainly pushing for trials too as is there right.  While maximum effort is going into testing the new system, clients--particularly those with older cases--might be the ones to suffer if they have the wrong attorney.

Whether or not a case goes to trial or settles, should always be a decision made with regard to the client’s best interest.  But there is only so much time for cases going to trial.  And a lot of lawyers don’t particularly care for the amount of time and work that goes into the trial process anyway, given the relatively small difference in money for them.  What you’re left with, then, is a lot of new cases being given maximum effort, and not necessarily settling, while older cases are being settled rather than taking the time to go to trial even if that would have been most desirable.

Now, I’m not saying that all or even most lawyers are lazy, and don’t protect their clients’ best interest.  Most are honest and hard-working.  But among those that are older and feeling burned out, particularly by the prospect of the changes in the law and how they affect the new cases, it can seem attractive to reach a settlement in a pre-September 2011 case that isn’t necessarily in the best interests of the client.

I thought of this post after a recent phone call where it appeared the value of a case was around $50,000 on the low end and $300,000 on the high end if the client was proven to have a wage loss from his injury.  The attorney he had hired was telling him to take $100,000 because that was the most that the defendant would ever offer. 

If the most an insurance company will offer appears to be way too low, you have an option which is to go  to trial.  A case like this would require multiple depositions and preparation, plus all day in court for a hearing with an Arbitrator.  That’s lots of work, but the payoff at the end if you win would be huge for both the attorney and the client.  It’s possible the client would end up with only 50k and they should know the risks.  But to roll over when with a little hard work you can do so much better for a client is shameful.

Now of course it’s not just the new laws that are making some attorneys lazy.  But they aren’t helping and it’s innocent clients who suffer.

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our statewide network of attorneys. Contact us and we will answer your questions or find the right lawyer for your situation.

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A client who had been in a car accident during work hours wanted to know which way to go to recover money to compensate him for his injuries.  The other driver caused the accident, so he likely had a claim against him.  So should he file a workers’ compensation claim or file a lawsuit against the other driver?

Actually, Illinois law does not force you to choose between the two. The Illinois Workers’ Compensation laws have provided a system for injured workers to be able to pursue both claims, while ensuring that the money received is distributed appropriately.

Here is how it works:

If you are in an accident during work hours, you first want to determine whether you were covered by workers’ compensation at the time.  Were you driving for work-related purposes, or were you driving for your own personal reasons?  If this was a work-related trip, and you are covered by workers’ compensation insurance then you should be reimbursed for your medical expenses and missed work time.

But if the accident itself was another driver’s fault, then you may also have a claim against him or her.  The other driver could also be responsible for paying for your injuries and other damages from the accident, in a personal injury lawsuit.  These damages could include not only your medical expenses and lost wages, but also other measures such as damage to your car, and your personal pain and suffering from the accident which are not part of workers’ compensation benefits.

So now you have two insurance companies involved with this accident, each being asked to compensate you for your loss.  The workers’ compensation insurance can reimburse you according to the workers’ compensation law, and the other driver’s auto insurance carrier is involved in defending the personal injury lawsuit. 

To be sure the money that is paid for your injuries is not paid twice to you—once from each claim--your employer’s workers’ compensation insurer will have a lien on any money you recover from the driver in your lawsuit.  This means that they have a case to be reimbursed for what they have paid to you in workers’ compensation benefits, if you are paid from the 3^rd party for the same injuries.  The employer can be reimbursed for up to 75% of what they have paid in workers’ compensation benefits, with attorneys’ fees and costs taken into account.  This amount is often negotiable.

Bringing both claims gives you the possibility of recovering an amount that is larger than what you would get with workers’ compensation alone, because of the additional damages allowed in personal injury lawsuits that are not allowed in workers’ compensation cases.  Our philosophy is to explore everything and then decide what is best from there.  But as workers’ compensation immediately pays your medical bills and time off work, I can’t think of a time when we told a client not to at least pursue that claim.

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our statewide network of attorneys. Contact us and we will answer your questions or find the right lawyer for your situation.

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The Illinois Workers’ Compensation system is designed to provide benefits to workers that were injured in work-related accidents.  The system is set up to compensate for injuries in a more streamlined and predictable way, than a typical lawsuit for personal injuries.  Here are some of the major differences between the two.

1.  You do not have to prove your employer was at fault to be compensated.

Unlike a traditional lawsuit, the workers’ compensation system does not rely on proving that one side was at fault in hurting the other.  Workers’ compensation claimants are seeking to be paid for what they have lost from their work-related injury.  As long as you were an employee of the company and suffered a work-related injury, benefits should be available.  The trade-off is, though, that employees cannot sue their employer in court to recover other money damages for their injuries.  The workers’ compensation benefits may be more limited, but the process is more simplified and payment is more certain to get.

2.  Workers’ compensation cases are not decided by juries.

Disputes in workers’ compensation cases are not brought before judges and juries like they are in a traditional civil trial.  The Illinois Workers’ Compensation Commission is the agency that handles these matters, and assigns an Arbitrator to your case when you file.  Arbitrators are located at various hearing sites around the state, and they are the judges that hear and decide your case.  Because there are no juries, personal biases do not enter into the decisions, and therefore there is generally more consistency from one area of the state to another in terms of money awarded.

3.  The time limits for claims are different in workers’ compensation cases.

Workers’ compensation cases in Illinois have certain cut-offs for claims.  First, your employer needs to be notified within 45 days of your injury.  Second, the deadline, or statute of limitations period, for filing your claim with the Illinois Workers’ Compensation Commission is no later than three years from the date of your injury.  While these dates may seem clear-cut, sometimes they can be more complicated.  For example, if you have an injury that develops over a period of time, it may be unclear when the injury began, or when you would have had a reason to know it was related to your job.  There are special rules for those situations, to figure out when the relevant dates would be.  They are important, though, because you don’t want to lose your right to benefits because you missed a deadline

4.  You cannot get paid for your pain and suffering.

In cases where you sue for negligence, you may be able to recover money to compensate you for your pain and suffering.  However in workers’ compensation cases, this is not available.  The workers’ compensation system is geared towards helping you efficiently cover your medical expenses, lost wages, and harm caused to your body.  It does not, though, cover the aspect of your injury that reflects the personal trauma to you in terms of your physical and emotional pain and suffering.  If a third party other than your employer was responsible, then an additional lawsuit for negligence may be a possibility.

5.  Attorneys’ fees are set out by law.

Workers’ compensation cases are handled on a contingency fee basis, which means that the lawyer only gets paid a percentage of what is recovered for you.  Typically, in other injury cases, the lawyer’s portion would be 1/3 of what you are paid, but they could be higher or lower.  In workers’ compensation cases, the law says that the fee is usually 20%.  Sometimes, there is no fee, even where you have been helped by a lawyer to get benefits, where there is essentially no dispute to resolve.

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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Be careful of promises like “your case is probably worth six figures,” or anything similar that you hear from an attorney at the beginning of your case. If an attorney is promising you the moon at your initial meeting or consultation, beware. At that point, you are a potential client, and they want your business. If they make an argument about why they are the right attorney for you, based on their experience, past success, etc., that’s fine. But if they are promising a particular result, or guaranteeing you a win, or a big settlement, you are right to be skeptical.

No one can predict how a case will turn out, even an attorney with years of experience. And attorneys should know better. This is especially true in the early stages of a case. The value of a work injury claim is based largely on the extent of your injury and whether it’s permanent. If you hurt your back at work and are just starting to look into treatment, you have no idea what the long-term effect of that injury is going to be. What if you need surgery, or two surgeries? What if some chiropractic work fixes the problem? The range of outcomes is huge, and attorneys are not doctors.

We got a call recently from someone who was very upset about what their case ended up being worth. And we don’t blame them. Their attorney initially told them the case would be worth at least $150,000. Two years later, they get an offer for a $40,000 settlement. Now the lawyer is saying the case is not worth $150,000. The client is angry. The attorney is being honest now, but wasn’t being honest two years ago when trying to get the client in the door.

It’s a huge red flag. And it’s one that a potential client can miss because they want to believe what they’re hearing and they don’t have the legal knowledge or experience to know that it’s not an accurate estimate. The best thing you can do to avoid this is to avoid attorneys who make promises, especially about the outcome of your case or what it’s worth. No one can predict that. And if they pretend that they can, then they aren’t being honest with 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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