Workers Compensation Lawyer in Chicago, Illinois Work Injury Attorney

The vast majority of workers’ compensation cases in Illinois settle, meaning you and the insurance company reach an agreement about how much your injury is worth. The insurer pays you the agreed upon amount, and in exchange, you waive your right to a trial. You also usually waive future medical coverage.

If you’re waiting for a settlement offer from the insurance company, it might never come. Although it often happens this way, they are under no obligation to settle your claim and sometimes might choose to wait it out. Certainly, closing cases is a priority, but so is not spending money. So if the insurance company thinks you’ll just go away, they might use delay tactics.

Another scenario is when you call to check on your claim and the insurance adjuster tells you that your case is closed. They can’t just do that. It’s another tactic to scare you off.

The bottom line is that a settlement offer is usually possible, but you might need to put some work into it, especially if you want to get a fair amount. Insurance companies consistently give low offers, especially to those who don’t have an attorney. The reason we feel the need to remind people that insurance companies are not looking out for them is because they often act like they are. We hear from people who say they didn’t think they needed an attorney because the insurance adjuster was so “nice” or “helpful.”

Hiring an attorney who has experience negotiating with insurance companies can make a huge difference in your claim turns out. The insurer’s goal is to save the insurance company money. Their priority is never your health or financial security. 

We are workers' compensation attorneys who 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.

1/31/12

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Fresh off the Illinois Workers' Compensation Commission presses. Three new Arbitrators were appointed. I know Doug McCarthy very well. He is a great guy and is the son of a former State Senator who helped write the Illinois work comp laws in the 70's. He is exactly the type of attorney who should be appointed Arbitrator in that he is experienced, fair and easy to work with. Here is the press release.

CHICAGO - January 26, 2012. Governor Pat Quinn today announced the appointment of three additional arbitrators to the Illinois Workers' Compensation Commission (IWCC) to review workplace injury claims. The arbitrators will join the 27 arbitrators the Governor appointed in 2011, all of whom were appointed following a rigorous vetting process by the Workers' Compensation Advisory Board and the Office of the Governor. The appointments were part of a package of comprehensive reforms to the workers' compensation system that the Governor signed into law last year.

"The vetting and appointment of arbitrators was a critical step in our overhaul of Illinois' workers' compensation program, and I am pleased appoint these additional arbitrators to the IWCC," Gov. Quinn said. "These arbitrators bring years of professional experience to judge workers' compensation cases, and are an important part of the reform process that will help improve Illinois' business climate."

The workers' compensation reforms called for the Governor to make appointments to fill arbitrator positions, considering recommendations from the Advisory Board, which comprises six members representing employers, and six members representing workers. Arbitrators rule on claims filed under the state's Workers' Compensation Act.

Before last year's reforms, Illinois had some of the highest workers' compensation premiums in the nation. The reform package is projected to decrease compensation costs for employers by nearly nine percent, based on a filing with the Illinois Department of Insurance by the National Council on Compensation Insurance. Illinois employers are expected to save at least $500 million annually in premiums as a result of the overhaul.

The new law requires that all newly-appointed arbitrators must be attorneys and that both arbitrators and commissioners follow the rules and ethical practices of judges. Arbitrators and commissioners must also take at least 20 hours of training every two years while in office regarding professional and ethical standards, detection of fraud, evidence-based medical treatment, and Coal Workers' Pneumoconiosis.

Governor Quinn has appointed the following arbitrators to the IWCC:

Brandon J. Zanotti of Jackson County comes to the Commission from private practice. At Feirich/Mager/Green/Ryan, Mr. Zanotti worked as an attorney specializing in workers' compensation cases representing both petitioners and respondents. In addition to his time in private practice, Mr. Zanotti was a congressional clerk to Sen. Richard Durbin in Washington, D.C. and clerked for Judge Joseph M. Leberman in the First Judicial Circuit County of Illinois. Mr. Zanotti graduated summa cum laude from Southern IllinoisUniversity with a B.S. in Finance and also has a J.D. from Washington University School of Law. Mr. Zanotti has been appointed to a one-year term as an arbitrator.

D. Douglas McCarthy of Macon County brings more than 30 years of legal experience to the Commission. At McCarthy, Rowden and Baker, Mr. McCarthy specialized in workers' compensation and social security disability law. He has appeared before the Commission, state circuit and appellate courts and in federal administrative hearings. Mr. McCarthy graduated from Illinois State University with a B.A. in Communications, received an M.A. in Public Affairs Reporting from Sangamon State University and a J.D. from Southern Illinois University. Mr. McCarthy has been appointed to a two-year term as an arbitrator.

William R. Gallagher of St. Clair County brings 35 years of legal experience to the Commission. Mr. Gallagher most recently worked as a solo practitioner, specializing in workers' compensation law in Illinois and Missouri. Mr. Gallagher has also worked as In-House Counsel at the Kemper National Insurance Company, specializing in workers' compensation and products liability cases, and as an attorney at the Harry J. Nichols Law Office, working on workers' compensation claims in Illinois and Missouri. Mr. Gallagher has a B.A. in Political Science and Economics and a J.D. from Southern Illinois University. Mr. Gallagher has been appointed to a two-year term as an arbitrator. 

We are workers' compensation attorneys who 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.

1/29/12

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We got a call from someone who was about to hire another (reputable) lawyer for their work accident in Glenview. She was panicking about signing the contract because she thought her lawyer had somehow pulled a fast one with the contract he sent her. When they talked over the phone he told her 20% was the fee by state law (it is), but when she got the contract she saw something about a 50% fee.

Under Illinois law, your lawyer fees can not exceed 20%, even if you switched lawyers. The exception to that is if you were made a settlement offer before you hired the attorney. In that case the lawyer can take 50% of what they get above and beyond the offer you were given before you hired them.

For example, if you are given an offer of $15,000.00 before your hired a lawyer and the lawyer gets the offer increased to $45,000.00, they can get a fee of $15,000.00 (that is 50% of the 30k increase they got for you). We choose not to add this clause to our contracts because it almost never happens and we don’t typically consider taking that much. I think it actually serves to confuse the client more than anything.

In this case, a good lawyer didn’t do a good job of explaining themselves and almost lost a client. We told the caller to stick with them and not worry about what the contract said as there was never an offer to begin with.

If this is confusing just let us know. We are happy to talk about this or any other issue. 

We are workers' compensation attorneys who 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.

1/27/12

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1. MYTH: Your job will be in jeopardy if you pursue workers’ compensation benefits.

Not only will your job not be affected by pursuing your right to workers’ compensation benefits, but Illinois law has put some muscle behind this concept. Under the law, you may have an additional claim against your employer if you are fired or demoted because of your workers’ compensation case. This would be called “illegal termination” and could cost the employer significant penalties. Even though in Illinois an employee can generally be fired for any reason or no reason at all, he/she cannot be fired for an illegal reason. Trying to interfere or retaliate against you because of your workers’ compensation case would be an illegal reason for termination.

2. MYTH: If your employer says you are an independent contractor, it must be true.

Employers sometimes classify workers as independent contractors to avoid workers’ compensation benefits. But you do not have to rely on what you are labeled by the company. If your job is set up so that you actually function as an employee, then regardless of what you are called you should be entitled to workers’ compensation benefits. The most significant factor is whether you or your employer is really controlling how and when you work. Look at whether you are able to decide the hours, location, and methods for getting the job done, or whether your employer is making those decisions. Also, whose equipment and materials are being used? How are you paid? Other factors go into figuring out your true status. But just because your employer calls you an independent contractor, does not mean you are not really an employee for workers’ compensation purposes.

3. MYTH: A prior injury or condition prevents you from receiving benefits for a later injury or worsening of your condition.

In Illinois, you can receive workers’ compensation benefits for a work-related injury, even if you had a prior history of the same problem or a pre-existing condition that made the injury worse. Workers’ compensation is not off-limits just because you are a worker that is older, weaker, or have been injured previously. As long as your job was a factor in your current injury-- either as a cause or making your condition worse-- then you may be allowed to recover benefits. So if you work in a warehouse and had a prior back injury that was being treated, and then re-injured yourself lifting boxes, you are not cut off from benefits just because of your prior condition.

4. MYTH: Break-time injuries are not covered by workers’ compensation.

This depends on what you were doing during that break. Not all beak-time injuries are covered under Illinois workers’ compensation, but many are. If your break involves an activity that is for your own personal comfort or health, then it might still be considered part of the job. After all, if you are taking care of your necessary, personal needs such as eating, going to the bathroom, warming up or cooling off, etc., then you are also serving the needs of your employer, because you couldn’t continue your job duties otherwise. However, if you did something unusual or risky or unexpected in taking care of your personal comfort needs and you were injured, you might not be covered under workers’ compensation for those injuries.

5. MYTH: Insurance companies can force you to have surgery that was recommended.

As long as you are making a good faith decision to refuse surgery, the insurance company cannot force you to have the surgery, or penalize you for your decision not to have it. Illinois law recognizes that some people have reasonable fears and beliefs about medical procedures like surgery, and allows the worker to refuse treatment without losing benefits. Even where there is a medical opinion that there could potentially be a negative health effect of refusing the procedure, if the decision is in good faith and reasonable, based on a fear or belief about the procedure, then the decision should be respected.

6. MYTH: Switching attorneys will cost you extra fees out of your pocket.

If your attorney is not hard at work fighting for you, it may be necessary to make a switch—but it will not cost you anything extra. Workers’ compensation lawyers are paid a contingency fee, which means that they are paid a percentage of what you get as a settlement or at trial. The percentage is 20%. The fee amount is set by Illinois law, and you do not have to pay more money if you have more than one attorney. The attorneys who have been involved in your case will work out among themselves what part of the total fee they get. But in no event will it cost you any more than it would if you only had one attorney. If you can, it may be best to try to work out your issues with your lawyer to avoid having to make the switch. But sometimes the change is necessary and unavoidable, and you may take that step to protect your case without suffering a financial loss.

7. MYTH: The accident was your fault, so you cannot get workers’ compensation benefits.

Not that we recommend violating a safety rule, or doing your job badly, but generally it won’t affect your right to workers’ compensation benefits if your conduct results in an accident. It is more important in Illinois, whether you were actually doing the job you were hired to do at the time of your injury. If you were performing your job duties at the time, you should still be covered. If, though, you were involved in an activity at work that was not allowed, or not part of your job, then that is a different story. Also, you cannot purposely do something dangerous, that you know is likely to cause an injury. But where you were attempting to benefit your employer through your job duties, but you broke company rules or performed your duties badly, you should still be able to recover for your injuries.

8. MYTH: If there was no single accident, but the injury developed gradually, you cannot have a workers’ compensation claim.

Injuries that are caused by repetitive movements while doing your job are just as much a part of Illinois workers’ compensation as a single-event accident. If you have to constantly reach, bend, twist, flex, etc. to perform your job tasks, then you can develop a repetitive trauma injury that would likely be covered. One such injury is carpal tunnel syndrome, which can be caused by constant computer use. Repetitive trauma can also occur in jobs that involve repeated and regular movements with heavy tools. Though these cases may be more challenging to prove and to pinpoint the start of the injury, they should, nonetheless, be covered by workers’ compensation.

9. MYTH: Accidents that happens before or after the work day are not covered.

Generally accidents that occur on your way to or from work are not covered under workers’ compensation. But there are exceptions, such as a fall in the parking lot going into or coming out of work. If the parking lot is wet or icy, or there is some other condition that causes a fall, it may be covered. What is relevant in these situations, is what control your employer has over the parking lot. Whether or not your employer owns the lot, if you are required to park there, and your employer takes care of the lot or pays someone else to do the maintenance, you have a good argument for the accident being covered by workers’ compensation.

10. MYTH: There is nothing you can do if your benefits are not being paid, but sit and wait.

If you have medical bills that are not being paid, you do not necessarily have to wait for a trial, without having the situation corrected. Illinois law has provided a way to get a decision by an arbitrator on an expedited basis. Your lawyer may be able to file a petition which requests an immediate hearing. The Arbitrator at the hearing is able to order the bills to be paid, or can authorize treatment, if either is warranted. In addition, the insurance company can be assessed penalties if there has been an unreasonable refusal or delay in paying the bills. 

We are workers' compensation attorneys who 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.

1/25/12

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A client had a really good question about her workers’ compensation benefits. She had been in a car accident while working, and now wanted to quit her job, but of course did not want to affect her current case.

While your case is pending, generally the best course of action, if possible, is to hold on to your job. But that’s not always possible—sometimes the reality of the job stress is not good for your overall health and well-being. So here are some things to consider.

Your medical benefits will be unchanged by your job status. Whatever medical bills you have, and bills you will have in the future should get covered completely regardless of whether you are working. This benefit reimburses you for what you need to spend to heal from your injury.

But temporary total disability (TTD) benefits could suffer by leaving your job. TTD pays you a percentage of your lost wages when your injury keeps you from working your old job duties. If you have job restrictions because of your limitations while healing, or after a surgery, then you can recover benefits based on the difference between what you can earn at the time, and what you were earning before the accident.

The problem with quitting your job if you are in this situation, is that if your employer has found you alternate work within your medical restrictions, and you do not take the job, you could compromise your TTD wage benefits. If you quit before you know whether your employer had an appropriate job alternative, then they could always say that they had a job lined up for you if you hadn’t quit. Again, your benefits could be negatively affected.

There are other factors that can impact the decision. For example, finding a job that is better, or pays better, may be a reason to quit. But overall it is not usually a good idea to quit while your case is ongoing. Your own situation is unique, though, so talking to us to go over the details of your situation before you make such a potentially costly decision is the better course. You don’t want to quit your job without weighing the risks to your workers’ compensation case because once you lose your rights it’s almost impossible to get them back. 

We are workers' compensation attorneys who 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.

1/23/12

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If you search our site you will see a few posts where we talk about surveillance in Illinois work comp cases. If you have a serious, long term injury, don’t be surprised if a private detective is following you around.  As a lawyer, that doesn’t bother me at all because as long as my clients are honest and listen to their doctors, the video they get on you will likely amount to nothing and won’t affect your case at all.

I was thinking of this the other day when discussing a pain management doctor that many insurance companies use for independent medical examinations (IME).  He gets a lot of business because he is certainly more likely to tell the insurance company what they want to hear than what you want them to hear.   But he also gets a lot of business because he is very thorough.

The most thorough thing that he does is spy on those that visit him.  He or his staff will watch you as you are walking in to his building and will also watch you when you leave.  If you are walking normally in the parking lot, but limping and wincing in his office, his IME report will say that you are full of it and it will hurt your case.

So it all goes back to the point of being honest.  There is no reason to embellish your symptoms for a doctor or anyone else.  Aside from being bad karma, it’s just not smart.  Doctors are trained and experienced at what they do.  So are insurance companies and the lawyers that they hire (along with the lawyer you hire of course/hopefully).  Point is that you can almost never fool them because there isn’t much that they haven’t seen.  You are actually better served by not limping at all, assuming that reflects your true health, than trying to show how hurt you really are.

In fact, most IME doctors perform truth tests of some sort, they just don’t tell you that they are doing it.  Many clients are surprised when they see comments about this in the reports that the IME doctors write.  But you have to remember, they aren’t your doctor, they are the doctor for the insurance company.

It’s human nature to want people to believe you.  But trying to influence them with anything other than the truth, especially in an Illinois workers’ compensation claim, is a terrible idea that could potentially ruin your life.  So if you do just one thing on your case, please just tell it like it is. 

We are workers' compensation attorneys who 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.

1/21/12

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Every law firm is different. Some seem to never return phone calls. Others want every case screened by a paralegal. Still others are great and will get a real, experienced attorney on the line right away. So what happens when you call us?

1. You will notice that I put my direct line, 312-346-5578, all over this blog. I am the attorney and I want to talk to potential clients, current clients or others that just have questions. There is no need for a paralegal to filter my calls for me. If you call and I’m not on the phone, you will get me. If I’m on the phone, my secretary will pick up and let you know how long it will be until I’m free. If she has to take a message, you can expect a call back within 15 minutes. If you call after hours, my 24 hour answering service will take a message and page me. Unless it’s 3 a.m. (and sometimes even if it’s 3 a.m.), you can expect a lawyer will be calling you back right away.
2. Once we talk, you can expect that we will be direct, honest and blunt about your situation. I firmly believe that no one benefits from anything but honest talk. You will have a chance to explain your situation and ask any questions you want. We of course will ask questions of you and about what happened. EVERYTHING WE DISCUSS IS CONFIDENTIAL. No one who wouldn’t potentially be a part of representing you will ever learn anything you share.
3. After we learn of your situation, if you want/need an attorney, we’ll tell you who in our network is right for you. In other words, we are in Chicago. If you need a workers’ compensation lawyer in Urbana or Peoria, we could handle that case, but you’d be better served by someone down that way. Instead of us trying to handle a case where we know it’s not best for you that we be your attorney, we do the honest thing and hook you up with the right lawyer for you. These are all attorneys that we know well and have the same approach as us in terms of customer service, fighting for their clients and honesty.
4. There is never a charge to talk with us or just ask a question.

That’s it. It’s not complicated. We’ll never tell you what you want to hear, but always will tell the truth.

1/19/12

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You’ve had a work injury; you’re home recovering from the accident, and unable to work.  You get the feeling that someone’s watching you.  It may not be your imagination--you may be under video surveillance by your employer’s insurance company.

While it may seem unsetting, it is legal, and fairly common.  Unfortunately it happens that people fake injuries, or exaggerate their pain or limitations.  Insurance companies, to protect themselves particularly where a big payout is expected, will hire private detectives to follow you or watch you and videotape your movements.  They want to have proof if you are one of those dishonest people trying to cheat the system.

Sometimes though, honest people are caught on video surveillance doing things that look bad, but really are not.  For example, a worker may push himself to shovel snow when he thinks it is necessary, even though he has a back injury restricting all bending and lifting.   He may be in horrible pain doing it, and may have possibly injured himself worse.  But on the video it could appear as though he was not telling the truth about the extent of his injury.

We’ve had this happen to a bunch of clients.  Most of them tell us that they were feeling well on that particular day and wanted to see if they could push their body further in hopes of getting back to work.  That’s what people with a good work ethic do.

In some cases treating physicians have changed their opinions about their patient’s injuries based on seeing the video of the patient doing things like mowing the lawn, running, and other activities that they should not be able to do if they were in as much pain as they described during the medical exam.  Particularly in cases where much of the evidence of your injury comes from what you report to the doctor about your pain, and can’t measured or seen on tests, the surveillance can sway the doctor’s testimony.

Though you can attempt to explain what is on the surveillance video, you don’t want to put yourself in that position.  It is better to just listen to your doctor, and follow the restrictions that you have been given.  It is better for your case and importantly it is better for your health and recovery. 

But you don’t have to worry too much about being followed and taped, especially if you are following doctor’s orders and being honest.  You can just go about your business, and what shows up on tape will most likely be fine.  Being disabled from work doesn’t mean that you can’t do anything.  It just means that you shouldn’t be unreasonable in what you are doing.  And while there is no limit on how much surveillance a company can perform, it is really expensive.  If they watch you for five days and  see nothing, they will probably stop following you.

1/17/12

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We got that question recently from a nice carpenter who was concerned that his Champaign work injury attorney was not doing a good job.  He wanted to fire him, but was worried about having to pay a new lawyer and getting a bill from the old one.

The workers’ compensation laws in Illinois have that issue covered.  The total costs for attorneys in your case cannot exceed 20% of your settlement.  It doesn’t matter if you have one lawyer on the case or switch ten times (don’t do that).  It will not cost you any more than 20%.  You will not take a financial hit for protecting your interest by making a change in lawyers that you feel you need.

Also, the old lawyer can’t hand you a bill for his or services when you switch, because the money is not owed to be collected until your case is over.  The 20% for attorneys’ fees is a contingent fee, so it is calculated at the end based on the amount of money you receive for your case.  Where there has been more than one attorney, they will work out the fee issues among themselves or an Arbitrator will decide.

That being said, it is still recommended to try to work out your situation with your attorney and see if you can avoid having to fire him or her.  Every relationship has rocky moments, and you do not want to make a decision in haste.  On the other hand, you have a right to have an attorney that is fighting for you every step of the way.  It is your injury after all and really your life is on the line if it’s a major injury. 

You are entitled to have your attorney returning your calls, and working hard to see that your best interests are protected.  If you are going to make the decision to switch, it is better to do it earlier in the case, while it is still possible to turn things around.   You cannot necessarily go back and undo what your attorney has done.

In the carpenter’s work injury case, his concerns may be valid.  You want to be sure that you are involved with your case, and know what your attorney is doing for you.  If it is not what you had in mind, or the attorney is resistant to share information with you, it may be time to make a change.  When you are weighing the pros and cons of your decision, though, the cost of paying the attorney you want to fire is not a factor.

1/15/12

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Injuries that take place while doing your job duties generally fall within the coverage for Illinois workers’ compensation benefits.  The workers’ compensation system is set up to provide both the worker and the employer some benefits and some trade-offs in compensating injured workers.

The benefits for the employer, is that there will not be any lawsuit for negligence in civil court.  Workers’ compensation insurance will cover the cost of the injury.  For the worker, getting benefits to pay for your medical treatments and other losses for your injury is much more simplified and certain.  You do not have to prove that your employer did something wrong in order to get paid, but in a negligence case in civil court you do.

The trade-off for the worker, though, is that the workers’ compensation benefits are the exclusive remedy against your employer for work-related injuries.  Whatever is available in benefits from the workers’ compensation system is what you get.  Of course, is you have a good case, and an experienced attorney pursuing your case, then you could do well in recovering what you have lost from your injury.  Though you are limited in not being able to bring another case, you are benefitting from not having to prove fault against your employer.

Nonetheless, employees will try to find cracks in the system, and see if there is a way to bring another case.  Recently, a worker tried unsuccessfully to claim that the employer’s filing technicality meant that the workers’ compensation remedies did not bar another claim for negligence.  But instead, the spirit of the workers’ compensation system was upheld.  Where the employer is properly insured, the company has the right to dismiss an action for negligence, and that is what happened in this case.

This relationship only exists, though, between the worker and employer.  If there was another person or company that had some part in your accident or injury, then there may be a third-party case.  You may have a case against a company for a defective product, or against another driver of a vehicle in an accident.  Exploring these options may produce another source for recovery from your injuries that is larger than what workers’ compensation pays.  Time limits for filing a lawsuit may be different, so you want to be careful not to miss out.

But when it comes to your employer’s responsibility for a work accident, workers’ compensation stands in the place of having to show that the work injury was the fault of your employer and having to go to trial on those issues.

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.

1/13/12

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Temporary Total Disability benefits (TTD) may be available during your recovery from a work injury.   If your physician places restrictions on your ability to work during your recovery, and your employer cannot find work for you that fits those restrictions, then you be compensated for this loss. 

Your employer’s part in this process, is to find and offer you work that you are medically able to do within your restrictions.  But your responsibility is to cooperate with treatment, and with the job offers you are able to accept.  If your job duties involve lifting and twisting, and you have injured your back, your physician may restrict the amount of weight you can lift, or certain movements you can do.  If your employer offers you work that can accommodate those medical restrictions, you risk losing some or all of your TTD benefits if you refuse to take the job.

That is why it is important to be completely honest with the physicians about any pain or problems you are experiencing.   If your medical restrictions do not cover your full limitations, then you could end up choosing between performing job duties that you cannot or should not do, and losing your benefits for not working the job.

One worker in a recent case in Illinois took a light-duty job offer from his employer, only to find that he could not physically handle the work.  Later, he was again offered work within his restrictions, but he felt he could not drive because of his medications.  He received more medical treatment and a period off of work, and then was ready to try again.

But this time his employer did not want to offer him any more work, because of his past refusal, and wanted to cut off his TTD benefits.  Ultimately, the worker’s history with how he had handled his situation justified suspending his benefits for a period of time but not cutting them completely.  It was determined that since he had refused offers that were appropriate for his restrictions at the time, he should lose some benefits, but since he had later made himself available to work, then he should not lose all. 

But possibly, if he had worked with his physician when he realized that he could not physically handle the work even with the restrictions, then he would not have lost out on any benefits.  If you know that you cannot work as you are being expected to according to your restrictions, then it is in your best interest to have your treating doctor back that up. 

You could be justified in not being able to work certain job duties, but for the purposes of your workers’ compensation benefits, there is a difference between refusing to work, and being medically restricted from working. 

If this is confusing let us know.  We are happy to consult with anyone, any time.

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.

1/11/12

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A workers’ compensation case recently decided in Illinois put a hotel housekeeper on the defensive about the relevance of her job duties.  She was hurt while bending over and making beds as part of her work day, and was apparently told that this activity was no different from what others do in their daily lives, and so she could not access workers’ compensation benefits.  Fortunately, at the end of her case, her position won out, and she was able to recover.

The housekeeper, among other duties, was responsible each day for changing the sheets on many king-size mattresses.  Even more specifically, she was required to bend over and lift each corner of the mattresses while folding the sheet around the mattress corners in a particular way.  In the process, she ended up with severe back pain and was diagnosed with a bulging disc.

Even though most people make beds in their daily lives (or weekly lives), this job was no ordinary bed-making.  Had the worker been making beds in the way and with the frequency that people do generally, then this might not have been a work-related injury.  But this was not the case.

Instead, she was performing this task much more frequently than even anyone could possibly do at home.  The conditions surrounding the activity were also unique to her job duties.  She could not choose to have a lighter mattress—she had to lift king-size mattresses.  She could not choose to just tuck the sheets around in a way that would have been quicker and easier.  She had to make “hospital corners” with the sheets.  This involved much more prolonged bending and lifting.

The decision came down in the case saying that even though the job duty may be an activity common to people outside the job, it could be a work injury if the risk was unique for the employment.  The housekeeper’s job duties increased her risk of injury, and therefore she was able to recover benefits.

Other workers have similarly been able to show that their injuries were work accidents, though they were seemingly ordinary activities.  For example, where jobs require very frequent bending and stooping, and there is something unique about the circumstances, then this ordinary activity can become a work-related activity if there is an injury.   The cases look to see whether there is something about what you are doing for your employer that increases your risk of injury, and would then 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.

1/9/12

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A client called with a question about his average weekly wage (AWW).  He is a travelling salesperson, and receives commission payments for his sales.  In addition, he is given a car allowance, because he uses his own car and gas on the job, and not a company car.  What he wanted to know, was whether this car allowance should be included in figuring his average weekly wage for temporary total disability benefits.

The answer to this question depends largely on how the car allowance is set up with the employer.  The AWW includes any value you receive for your work.  So if the amount you receive is reimbursement for your actual expenses, then likely it would not be part of your AWW.  On the other hand, if the payment seems to give you some financial gain other than just repaying what your expenses are, then you might be able to include the extra portion in your calculation. 

The same holds true for other expense payments you may receive from your employer, such as reimbursements for meals, gas, hotel, or other travel expenses.   If you are being paid back the amount you put out, then that money is not in the plus column for you, so it would not likely be part of your AWW.  Even though you are not getting paid that money while you are off of work recovering, you also are not putting out that money to travel, so you have not lost anything.

Sometimes, though, travel expenses are paid in other ways, like a flat per diem, or percentage payment.  The amount paid is not necessarily tied to your actual expenses, and you may be receiving more than you are really paying out.  In these cases, the travel expenses might be looked at as a financial gain to you.  So the amount that you are paid above and beyond what your actual expenses are, could be considered part of your AWW. 

Other facts about how your travel expenses are set up could also be relevant to answering this question.  For example, if you are paid a flat amount or a percentage of your salary as expenses, and you continue to receive these payments during a vacation period, it is more likely that they are not just reimbursements for your travel costs, and could be part of your AWW.

All of this is important because the higher your AWW, the more you get paid for the time you miss from work and the higher your settlement will be at the end of the case.  It’s about what is fair to you so you are properly compensated.

Each situation is different, and can vary based on the arrangement that you might have with your employer.  And what the payments are labeled as does not necessarily determine how they may be treated for workers’ compensation purposes.  We would be happy to review your specific situation, and discuss this or any other questions 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.

1/7/12

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Some break-time injuries may be covered under Illinois workers’ compensation insurance, just as though you were in the middle of a job task.  Under certain circumstances, even where you are doing something that is for your own personal needs, like eating or using the restroom, an accident could be considered employment-related.

Generally to be covered under workers’ compensation, you need to be engaged in the work of your employer at the time of the accident.  But when you are taking a break for some expected activity that involves your own personal comfort or health, you are still actually serving the needs of your job.  In order to properly perform your job duties, it is necessary to eat, use the bathroom, warm up or cool off, and other such activities.  For this reason, these are not necessarily considered to be off-the-clock.

A recent Illinois workers’ compensation case is a perfect case for showing how personal comfort activities can be covered as work time.  It involved a firefighter who was required by his job to complete paramedic training at a particular hospital.  The employer paid for the training and any expenses.  He was able to take this course during his regular shift time.  The firefighter was injured while hurrying to the cafeteria for a quick breakfast break while he was at the hospital for the training.   He was moving fast so he would not miss any ambulance calls.  Also, he slipped, because the stairway was littered with spilled food from other workers rushing from the cafeteria for emergency situations.

All the parts of this fact situation fit well within the considerations for a break-related accident being counted as a work-related accident for workers’ compensation coverage.  The firefighter was where he was because he was required to do the training; and he was required to do it at that particular place.  His employer was paying for the activity as well.  He was taking a brief break for eating, which is a necessary act of personal comfort.  The actual accident was caused by two things, both which were related to the emergency nature of the job:  his rushing quickly down the stairs; and the spilled food that he slipped on.

If he had done something to cause the accident that was unusual or not expected by his employer, the outcome might have been different.   But here, everything that the firefighter did before and during the accident was expected and related to his job duties.  In situations like these, even activities that are part of a break, do not necessarily break the chain from being work-related for workers’ compensation coverage.

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.

1/5/12

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Not all Illinois work injuries happen at work.  Having a fall while you are walking in or out of the office can also be a work injury that is covered by Illinois workers’ compensation in some circumstances.  Further, if your fall happens when you are not even on your employer’s premises, you still may be able to have your injuries covered.

If your fall happens while walking to or from work, when it is not a company walkway or company parking lot, or some other employer-controlled property, the general rule is that it is not a work injury.  But sometimes there are other facts about your situation that bring your fall back within the reach of workers’ compensation.  It basically comes down to how much control and influence you job has on which way you walked, and what caused the fall.

Here is the difference.  If you park your car, and have a choice of which path to take into the building, or which door to walk through, then you may be on your own.  But if your employer or something about your job controls which way you walk into or out of work, then it may become a work-related walk.

Many companies will have rules like this that control which way their employees come in the door.  There may be a specific employee entrance, or there may be task to be performed on the way out that requires a certain path.  However it happens, if you are not freely choosing your way, and your employer or job duties dictate the path, then even though you are not at work, and not on work property, you still may have a work injury if you fall.

So if you are in fact walking in your employer’s path to work and you fall, the next question is what caused the fall?  Was there something about your job that made the risk of falling greater than someone else that did not work there?  Often, if there is a defect in the pavement or icy conditions, your exposure to these dangers would be higher because of your job, so it could likely be covered.

There was a recent Illinois workers’ compensation case that went a bit further in deciding whether the path was controlled by the employer or employee.  This was a case involving a delivery driver for a company.  His employer had a designated place to park and entrance way, but the driver instead parked and walked where it was closer and safer.  He slipped on ice and injured himself.

Even though he was not walking a path specifically chose by his employer, he was walking a way that was dictated by his job and the conditions that were present as he made his way into work.  His fall was covered by workers’ compensation insurance.

Cases like these show that just because you are not at work yet, or on company grounds, you should not necessarily assume, that you would not be able to recover workers’ compensation benefits for your injury, without exploring your situation further.

1/3/12

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The battle for workers’ compensation “reform” in Illinois was touted as necessary to help employers, by cutting down their costs in covering the injuries of their workers.  Some significant changes were ultimately put in place—changes which are potentially harmful to workers, but were supposed to help the bottom line of businesses by reducing the costs of paying for workers’ compensation insurance.  

The Workers’ Compensation Act amendments included, among other things, a reduction by 30% of the fees that would be paid to medical providers; more rigid standards for getting paid for some injuries; and decreases and caps on some types of benefits.   These changes to the law were fought for by employers and insurance companies, and passed at the expense of injured workers’ rights and financial benefits.

But now, with the new legislation in place, you would likely expect to have seen employers beginning to reap the rewards of their supposed cost savings.  Instead, however, they are about to discover that they may have won the battle, but the war remains to be determined.  The reason for this, is that the insurance companies, after all the “reform” measures have been put in place, may be raising the rates on workers’ compensation insurance costs anyway.

It is a puzzling situation, that costs could possibly be raised at this point in time.  The insurance companies have not even had a chance to meaningfully experience the results of the changes in the law, and assess what the actual financial impact will be.  It was expected that after these measures were put in place, there would be less to payout in claims:  there would be less money paid per claim in the fee schedule reduction and other limitations on benefits, and less claims made overall because of other new restrictions. 

Yet the insurers do not appear to be ready to pass that savings on to help Illinois businesses by lowering their insurance rates.  They are not necessarily willing to concede that they will see actual cost savings as a result of the changes, so they instead are going ahead with a plan to raise workers’ compensation insurance rates for businesses. 

The Illinois workers’ compensation “reform” does not seem likely to have the desired effect of help Illinois employers, and helping to keep jobs in the state.  Illinois has lost a large chunk of manufacturing jobs over the last decade, for example, and this new legislation is not likely to have an impact to help turn that trend around.   All the talk of the changes being pro-business and anti-worker…it seems that in the end they may be just pro-insurance at everyone else’s expense.

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.

1/1/12

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