Workers Compensation Lawyer in Chicago, Illinois Work Injury Attorney

Under Illinois workers' compensation law, if you can no longer return to your old job due to permanent restrictions and suffer a loss of what you can now earn, you might be entitled to wage differential benefits.   That allows you to receive 2/3 the difference of what you would currently have been making under the old job compared to what you can make now.

So let's say that you were an electrician who made $35 an hour when you blew out your knee and now would have been making $40 an hour.  Instead you can only earn $10.00 an hour as a security guard.  Based on a 40 hour work week, it's a difference of $1,200 a week, 2/3 of which is $800.

For accidents that happened prior to February 1, 2006, there was a maximum cap based on the permanent partial disability rate at the time of your injury.  In plain English that means that no matter how big your wage loss, the most you could get compensated if you could do any work is $591.77.  The Workers' Compensation Act was amended to change this rule.  For accidents after February 1, 2006 your maximum pay rate for a wage differential loss became 100% of the state average weekly wage.

So if you were hurt on January 31, 2006, the most you could receive for your loss is $591.77 a week.  If you were hurt on February 2, 2006 you would get up to $822.20 a week.

In the example above it would result in a difference of more than $10,000.00 a year.  Yes, it's crazy what difference a day can make.

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We only handle work injury cases, but like any other (good) work comp firm, we work hand in hand with labor lawyers when problems come up.   Recently a great wage and overtime attorney we work with mentioned a problem that has been happening to a lot of hospital nurses and others.  So . . . .

If you are in a job where you work a normal day plus a lunch break and don't get paid for your lunch break, let us know if:

1. You are working through your break, but not getting paid for it; or

2. You are eating in a lunch room or nurse's station, but regularly interrupted by patients, doctors, etc.; or

3. You just don't get a work break because of the work load.

If this is happening to you (and apparently it's the way business is done at a lot of hospitals) it is illegal.  If you or anyone you know would like to discuss this situation please call us at (312) 346-5578 and we will put you in touch with a labor lawyer.

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Here’s an overview of what you can expect to receive in terms of benefits if you’re hurt on the job in Illinois. All work injuries are usually covered, and workers’ compensation is your only option – you generally cannot sue your employer for a work injury.

Medical bills

In Illinois, workers injured on the job are entitled to 100% of their medical expenses. This includes immediate treatment and ongoing medical care, as well as prescriptions, physical therapy and surgery in many cases. The basic rule is that the treatment has to be necessary and related to your injury in order to be covered.

Lost wages

If you are unable to work because of your injury, or if your doctor restricts your activities and your employer can’t accommodate you, you’ll get paid for part of your lost income. This is called Temporary Total Disability, or TTD. You will receive 2/3 of your average weekly wage over the last 52 weeks. There is no time limit on how long you can receive TTD payments. They end when you can go back to work, or when your employer can accommodate any restrictions.

Permanent disability

Permanent Partial Disability, or PPD, is for permanent injuries. The amount depends on the type of injury you have and how it affects your life now and in the future. If you can’t work, or can only work at a job that pays less, you may be compensated for part of the difference. The PPD amount is negotiated by lawyers and can be different in every case.

Employer penalties

If an employer wrongfully denies you benefits, they may have to pay you a penalty. Other than this, there are no punitive damages or “pain and suffering” damages in workers’ compensation cases in Illinois.

Suing a third party for your injury

Although you can’t sue your employer for a work injury, you may be able to sue a third party who was at fault. For example, if you’re installing cable for a customer in a high-rise building, and the elevator malfunctions and you get hurt, you could file a personal injury lawsuit against the building owner. You could still pursue workers’ compensation as well.

 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 you situation.

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Every so often we get a call or e-mail like this:

I am really concerned that my Illinois workers' compensation lawyer has sold me out to the insurance company.  I say this because my case is taking forever and he was yucking it up with the defense attorney when we went in for a hearing before the Arbitrator.  After seeing the two of them talk in a corner, my attorney told me that the case was continued.  I could see them talking and they were laughing the whole time.  When they both came over to me, my lawyer introduced the insurance company as his friend.  Am I crazy to think that the insurance company is paying off my lawyer at my expense?

There are a lot of attorneys that we don't like at the Illinois Workers' Compensation Commission and many more that we both like and respect.  But no matter who the lawyer is, there is no way that an attorney is being "bought off" to harm a client and make a case go away.

First, workers' compensation cases aren't worth enough to risk your career and jail time over something like this.  Second, it takes multiple people from an insurance company to resolve a case and those cases and the checks written on them are audited.  You'd need a huge conspiracy of many people to make this happen.  The reality is that the insurance company has so many cases that they don't care about your case over any other.  And if they did this and got caught their company would go out of business.

Third, it's a good thing if your lawyer and the defense attorney are friendly.  We have to deal with these attorneys all of the time and if they don't like your lawyer then they are more likely to make the case hard on you.  It's the same thing with insurance adjusters.  We never pick a fight unless it's called for because it's just a fact that the decision makers (e.g. the ones that approve or decline benefits) are more likely to cooperate when they like who they are dealing with.

Fourth, if this ever happened, don't you think at least one person in the history of time would have been caught doing it?  In the history of Illinois work injuries this has never happened.  Insurance adjusters have been caught and charged with crimes when it comes to something like creating their own investigation company and then assigning cases to their company, but that's a scam that only requires them to participate.  Hundreds of lawyers have been busted for stealing from clients (e.g. failing to turn over a settlement check).  Many workers have been prosecuted for faking claims. But not once has an elaborate scheme been discovered that involved an insurance company paying off a lawyer.  It hasn't been discovered because it doesn't happen.  Can you imagine the balls it would take for an attorney to approach an insurance company and propose such a scheme?

Fifth, only a work comp Arbitrator can officially close out a case.  If your lawyer tells you your case is closed and you do some easy investigation, you'd find out that it wasn't true and the lawyer would be exposed to a legal malpractice lawsuit, possible loss of his law license and maybe even jail time.  The insurance company would also then still have to pay you for whatever your claim is worth once you hire a new lawyer.

Sixth.  Ok, I'm not going to go on, but I could.  Trust me though, this doesn't happen.  You might not have a good attorney or one that is fighting for you, but it's not because they have bribed to treat you that way.  It's just that they aren't good at what they do.

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We met someone the other day, not a potential client, but just someone we met at a social gathering.  In the conversation they learned about my practice and said that their husband had a previous work injury, but didn't hire a lawyer because after thinking about it they decided that they "don't want the lawyer to take it all."

I'm not sure where this type of thinking comes from.  Under Illinois law, attorney fees for work injuries are limited to 20% of what is recovered for the settlement or trial verdict.  There are minor exceptions to this rule, but it applies in 99% of the cases.

This is true whether you hire one law firm or switch firms five times (don't do that); lawyer fees can never exceed 20% total.  If you settle for $50,000.00, the lawyer gets $10,000.  If you lose the case they get nothing.

I don't like to talk about personal business in a social setting so I don't know what this man got for his settlement.  I do know that she said he wasn't happy with it.  Whatever the case, I've never seen a time where someone did better in the end without a lawyer than they would with.  And no matter what happens, there is no way you will hire an Illinois work injury attorney and feel like they "took it all."

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A nice guy came to us looking for a second opinion.  He used to earn $35 an hour as a laborer, but sustained a major knee injury that prevents him from doing anything but a desk job.  He's in his twenties and didn't graduate from high school.  Right now he could probably earn minimum wage at best.

When we consider telling our clients to settle these cases we look at their needs for future medical care, the amount of their loss and what better job might be available for them.   For the sake of easy numbers, let's say that his earnings loss is $30,000.00 a year and he is expected to live for 50 years.  When valuing what a case is worth, we take 2/3 of the earnings loss (which is $20,000.00) and multiply it by the life expectancy.  In this case that would be $1,000,000.00.

We then figure out what the present value of that loss is.  In other words, there is no motivation for the insurance company to pay out that full amount because they could invest it and just pay you weekly hoping that you'll die young.  So for a million dollar loss let's say that the present value of that is $400,000 (we have a tool we use to figure that out.  FYI, we are just making that number up and didn't do it for this example).

So if the insurance company settled for $400,000, the caller who in theory be getting the equivalent of what they would get if they lived their full life.  Insurance companies, reasonably so, never pay more than 80% of present value and depending on the case, the client might get as little as 2/3.   If there are defenses to the case it could be worth less.

In this case, right now the caller is getting around $900 a week, tax free since he can't work.  Our take is that settling the case no matter how big the offer would be a mistake.  Under Illinois workers comp law he can get the insurance company to pay for him to get his GED.  If it's a reasonable plan that would succeed, he might even be able to get them to pay for college or an associates degree so his ultimate earning potential could increase.  The cost of those programs could reach the six figures by themselves.  If he went that route then they would have to continue to pay him at his $900 weekly rate.

In other words, the best thing for this guy to do is nothing right now.  If he can only make $8 an hour now, but with training will be able to land a job making $50,000 a year, doesn't that serve him best?  Of course it does.  I would make more money if this guy settled his case for $300,000.00 now than if he got a college degree and settled for $100,000.00 in five years, but is that best for him?  Of course not.  Any attorney who tells you otherwise is probably selling you out.

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A new case was decided on Friday at the Illinois Supreme Court.  For those who are interested you can read the whole thing here:  Interstate Scaffolding v. The Workers' Compensation Commission .

The gist of the case is that the law used to be that if you were hurt on the job, but working with restrictions, if you got fired for "cause" then you didn't collect workers' compensation benefits.  Cause would be skipping work, showing up drunk, punching your boss, etc.  On the other hand if you were fired for bogus reasons then they'd still have to pay you.

The Illinois Supreme Court changed all that.  The law as it now stands says that if you are fired for cause, but have a work related injury that has not stabilized then you are entitled to TTD benefits until your condition does stabilize.

And while we are not encouraging you to do this, theoretically you could return to work on light duty, smack your boss in the face or drop your pants or get high while working and after they fired you, you'd get paid workers' compensation benefits until your condition stabilized.

This is a huge decision and if you had a crystal ball you can bet that you will see at some point a law will be introduced to overturn this decision. 

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Man as a whole refers to injuries to your back, neck, chest and head.  So using the chart above, if your entire leg was cut off on January 2nd this year, you would receive 215 weeks of permanency benefits.  Of course that doesn't happen to most people.  If you had a knee surgery and we determined your leg was 20% disabled then you would receive 43 weeks of benefits (215 weeks x 20% = 43).

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

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Quick primer on who is covered and who isn't when they get hurt:

Volunteers:  Not covered under the Illinois Workers' Compensation Act because they are not employees.

Part-timers: Covered like regular employees.

Illegal aliens: Covered because the Government does not want to reward companies that break the law.

Cash workers: Covered, but their wages will be hard to prove.

Firefighters: Not covered if there are more than 200,000 people in  your City.  In other words, most are covered unless they work in Chicago.

Postal workers- Not covered under Illinois law because they are Federal employees.

Professional golfers- Not covered unless they are really an employee, not an independent contractor.

New hires- covered the moment you start working.

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

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A new client came to us after having had one surgery for his knee from a work injury.  After months of therapy it wasn't getting better and his doctor suggested that he have an additional surgery based on a review of a MRI.

As is their right, the insurance company sent this worker to an independent medical examination (IME) with a doctor of their choosing.   Quite often these are hired guns, but many of these doctors are honest as was this one.  In fact the doctor in his report said that he agreed 100% that the worker needed a new surgery and that it was related to the work injury.

Seems pretty obvious that the insurance company should pay for this surgery and the worker can get better, right?  Well apparently the insurance adjuster felt that he should do more therapy first so even though two orthopedic surgeons agreed surgery was needed, the adjuster put her medical "expertise" above them.

Should he just sit there and get screwed?  NO!!!  Not only can we get the surgery ordered by an Illinois Workers' Compensation Commission Arbitrator, but we can find out how much the surgery costs and the insurance company should have to pay a 50% penalty to our client.  In other words, if the surgery is going to cost $50,000, they should pay this guy $25,000 because their behavior is so unreasonable.

If you are hurt and the evidence is on your side the system will protect you.  You just have to proceed forward.

 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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Whenever a caller already has an attorney we encourage them to stick it out if possible.  That said, if the relationship is broken or the attorney just isn't doing their job (not calling you back, not taking your case to hearing, rude behavior, etc.) then it's probably time to switch.

Some callers who are frustrated with their current attorney don't want to switch because they don't want to pay more than one lawyer.  FYI, that is never a reason not to switch.  Whether you have hired one firm, two, five or ten, the total attorney fees for your case can't exceed 20% of what is recovered for you in the end.

It is up to the first lawyer and second lawyer to work out this issue and if they can't an arbitrator will do it for them.  Not a penny more will come out of your pocket over this.  If a settlement offer was made before you switched attorneys, the 20% from the offer will typically go to the first attorney and the new attorney will get 20% of what they recover in excess of that amount.

So stick with your lawyer if you can, but don't do it just because you think you can't afford it.

 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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This question came from a venting caller about their lawyer (not part of our firm) as she is considering making a switch.  In this case we actually think she hired a good firm and told her to stick it out.  But it does raise a good question; what can be done to get you in to court as soon as possible?  Most of these things should be done by your attorney.

1. Secure all medical records and bills by subpoena so they can be admitted in to evidence.  If you don't have that you are not ready for trial.

2. If needed, get an opinion from a credible doctor that the injuries sustained are work related.  If the defense won't agree to that report getting admitted then get the doctor's deposition scheduled ASAP.  If you don't have that you are not ready for trial.

3. Get the facts straight.  Evidence of wages earned (cancelled pay stubs), witness information,  accident report copies, etc.

4. Motion the case for trial and let the defense know you are serious.

That's really it.  It's not rocket science, it's just a matter of being organized.  That doesn't mean that there won't be delays and if you go to trial it can take months before a Judge makes a decision and even after that, the decision can be appealed.  But as I tell my kids, if you don't try you won't succeed.

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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That is the number one question that we get.  The short answer is that there is no way to tell you for sure without reviewing your medical records.  We can usually give a likely range by asking you a few questions, but if you are interested in knowing the maximum that could be expected, a records review is needed.

In the bigger picture, that question is often asked at the wrong time.  Specifically, right after you get injured you shouldn't be thinking about a settlement.   While you are under a doctor's care for the injury, you shouldn't be thinking about a settlement.  If you are in vocational rehabilitation because your employer has no job for you, you shouldn't be thinking about a settlement.

It's understandable that you would want to know what your case might be worth, but it's not realistic.  If you can't return to work at the same job, but can work a new job for similar pay, your case is worth less than if you can't work the same job and now have a big wage loss compared to your old job. 

If you are still getting medical treatment you may have future medical care as a goal and that could affect what the case is worth or whether or not you go to trial.

By settling when you are getting treatment you risk your health and there is of course nothing more important than that.

Finally, the insurance company does not have to make a settlement offer to you, but if you formally file a case with a lawyer and your case is legit, a settlement will happen.  And FYI, we have never seen a situation where someone ends up with less money through a good Illinois work comp attorney than they could have gotten on their own.

 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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Are you a teacher with an Illinois workers' compensation claim?  If so, a new case from the Illinois Appellate Court demands your attention.

In the case, a teacher had a 39 week school year, but chose to get paid over 52 weeks.  In other words, if her salary was $52,000.00 a year, she chose $1,000 a week instead of more money up front with 13 weeks of nothing.

When she got hurt the school calculated her average weekly wage as her total compensation divided by 52 weeks of work because that was her pay period.  The problem with that is that she didn't work 52 weeks, she worked 39.  And how she was paid plays no roll in how much she was earned.

So if the school was right then her average weekly wage would have been $1,000.00.  But the Court said the school was wrong and the correct wage should be $1,333.33.  For her time off of work that ended up being a difference of more than $200 a week.  It also made the final value of her case worth more money.

If you are a teacher or other seasonal worker, your average weekly wage and associated benefits should be based on the number of weeks you actually worked.  Even in other professions, if you took a couple of weeks off for vacation, illness or any other reason, that has to be addressed.  If that doesn't happen you are literally costing yourself a lot of money.

 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 laborer called us almost two years after a serious accident for which he has never returned to work.  He actually called with questions about complex regional pain syndrome, but when someone calls we try to do a full analysis of the case.

He has been getting TTD benefits for two years.  At the time of the accident he worked two jobs that paid a total of $1,500 a week.  Currently  he gets $500 a week which is 2/3 of his wage from the job that he got hurt on. 

When he initially got an attorney, he mentioned the 2nd job to his attorney who told him it wasn't irrelevant.

Problem is that it's not irrelevant.  The employer knew about this job and was ok with it.  He should be paid for both jobs which is a difference of $500 a week.  He is owed approximately $50,000 in back benefits right now. 

Of course that is a huge chunk of money and he needs it.  He felt initially that the lawyer's response didn't seem right, but assumed that he knew what he was talking about.

This case is almost ready to settle and if it had been resolved then that back money would have been gone.  If your lawyer isn't making sense then don't be afraid to question it.

 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 a first for me, I got a call from a male stripper who was injured when lifting a client at a downstate uhm "ladies club."  He actually herniated a disc in his back and won't be able to perform/work for at least two months.

His problem is that while he was paid minimum wage, he didn't report any of the significant tips that he earned every night.  So while he was really making around $1,500 a week, his wages were reported at around $300 a week.

Like any other injured worker he is entitled to 2/3 of his average weekly wage tax free.  If he were to go trial, a Judge would only award him $200 for his lost time instead of the $1,000 he is really entitled to.

It's a good lesson for waiters, bellhops, skycaps and yes strippers.  Your wages are what you report.  You don't want to be on a witness stand having to admit under oath that you cheated on your taxes as that would, of course, set up a whole new set of problems for you.

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

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A real salt of the earth laborer contacted us recently from Ohio.  He is the type of guy that has worked for thirty years, doesn't complain about anything and is just doing his best to take care of his family. 

He works for an Indiana company, lives in Ohio, but seriously hurt his back in Illinois while doing some work.  The insurance company told him that he wasn't eligible to file in Illinois and that in order to get the treatment he needs, he should just put everything through his group insurance.  They "graciously" offered to pay his out of pocket expenses. 

When he questioned them about his eligibility to file in Illinois they relented and said he could, but he'd have to come to Illinois for all of his medical care.

Of course this is all a bunch of lies and nonsense.  If you are injured in Illinois you can pursue benefits through Illinois and from what we've seen, our laws are the best in the country for injured workers.  If you live out of state you can 100%, absolutely treat with a doctor of your choice in your area and do not have to come back to IL every time you need a checkup.

Can you imagine if you lived in another state, but had to drive here three times a week for physical therapy?  That would be insane.

What's ironic about this recent case is that if the insurance company would have just done the right thing, this guy probably never would have gotten an attorney and they could have saved themselves some money.

 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 general there are only three benefits you can get under Illinois workers' compensation law:  Payment of all related medical bills, 2/3 of your average weekly wage tax free for the time you are off work and permanency which compensates you for the permanent nature of your injury.

A lot of clients want to know compensation for pain and suffering, especially when they are severely hurt or they have been treated poorly.  Unfortunately pain and suffering is not a benefit you can get under Illinois workers compensation law.

We can in some cases file for what is called penalties and fees.  If there has been an unreasonable denial of your benefits and/or an unreasonable delay, we can petition the Arbitrator to award you this additional compensation.  This can mean up to $10,000 in payments for late pay from the time you have lost for work and up to 50% of any medical bills (e.g. If you are wrongly denied a surgery that would cost $30,000.00, the Arbitrator would make them pay for the surgery and give you an additional $15,000.00).

Since these cases aren't lawsuits we can't get the Arbitrator to award you pain and suffering compensation nor can you get money for your spouse for the suffering they have gone through as a result of you not being yourself.

When we go to trial we do make sure that the Arbitrator hears about all of these problems though because when it comes to compensating you for how the injury has permanently affected you, we think it's relevant.

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 heard this from someone who ironically enough had not received workers' compensation benefits for about six months.  She hadn't yet hired an attorney because she "heard from friends" that a lawyer would just end up with everything anyway.

Attorney's fees in Illinois workers' compensation cases are capped at 20% of whatever you recover.  Even if you had a lawyer, fired them and got a new lawyer, the total fee could never be more than 20%. 

On top of that, we don't ever take a fee on medical bills that we secure for you unless we get the bills reduced for you.  In other words, if an Arbitrator awarded you $10,000 in medical payments we get a check for $10,000 for that amount to directly pay the providers.  We would only take a fee if we got the bills reduced below $10,000.  We never let our clients pay for medical treatment out of their own pocket.

We also don't take 20% of your TTD benefits unless we have to go to trial for you or perform substantial work.  If we just file a couple of trial motions or make a few calls we would rather all that money go in to your pocket.

We do get 20% of what you recover when the case is over.  If we get a $50,000.00 settlement for you, our fee would be $10,000.00.  If we recover nothing you owe nothing.  The point to remember is that most insurance companies don't offer a settlement without a lawyer on the case and when they do, the amount they provide is usually at the low end of the scale.  We have never seen a situation where a client got less because they hired us.

Most importantly, if you are seriously hurt on the job, your life as you know it is on the line so it's important that you are protected.  Work injury attorneys don't "take it all" but when they do their job they protect you and level the playing field.

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 has a lot of strong laws on behalf of injured workers.  One of the strongest has to do with the amount you will be paid if you are permanently totally disabled (or killed) due to a job accident.

Depending on the date of your accident, there is a minimum amount that you have to be paid if you are permanently disabled.  For example, for accidents between January 15, 2008 and June 30, 2008, the minimum weekly payment is $441.93. 

In other words, let's say that you took a job 10 hours a week making $10.00 an hour.  Your weekly wage would e $100.00.  Let's also assume that one day on the job you are lifting a box, herniate a disc in your back and after medical treatment your doctor determines that there is no work in the world that you can reasonably do (or through vocational rehabilitation, an expert feels the same way).  At that point you are permanently disabled.

Before a Judge finds that you are permanently disabled, you would receive a weekly benefit of $100.00 which is the minimum TTD rate for when you got hurt.  This would continue indefinitely and the insurance company would likely be in no hurry to agree that you are unable to ever work again.

On the flip side, you would have a big motivation to get before an Arbitrator because the moment you do, the weekly benefits you are receiving would dramatically increase.  And unless your case is settled or your physical situation changes you can expect that you'd receive these benefits for the rest of your life.

Many attorneys tell their clients that if they are receiving benefits that there is no need to get in to court and sometimes that is true.  But if your weekly pay rate is low and it can be increased, your lawyer should do whatever they can to get you before a Judge.  If this is your situation, don't delay.  It literally can cost you tens of thousands of dollars if you sit back and do 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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That's a good question and the answer is yes as long as you weren't truly an independent contractor.  If a guy hires you and you are clearly his employee (he controls where you go, what you do, etc.) then even if you are hurt on that one day job you are eligible for workers' compensation benefits.  This actually happens a lot with laborers and also happens in pro sports.  An example would be a guy that was signed by the Chicago Bears to play the last game of the season and blows out his knee.  Just because he was only on the roster for one game does not take away his rights.

Another good question is what pay rate should the insurance company use to pay you for the time you are off of work.  In Illinois workers' compensation, you are entitled to 2/3 of your average weekly wage, tax free for the time you are off work.  If you only work for one day then what will likely happen is that we will take your hourly rate and multiply it by a standard 40 hour work week.  So if you make $20.00 an hour for the one day of work, your average weekly wage would likely be $800.00.

Even if it was expected that you would only work for one day and then go on with your life, if you have a job injury and are released with restrictions or can't work at all, the insurance company has to pay you until you are released to a full duty job or they have a job for you.

This is a common scenario where an insurance company or employer tells a worker they have no rights.  Don't listen to them as it's not true.  The minute you start working you have the exact same rights as any other employee in Illinois.

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 laborer asked us this question recently.  We have been surprised by the number of union workers who are told that they "have" to hire a certain attorney.

The answer is that this is not true.  Nothing about being in a union changes how a case gets handled.  Unlike employment law agreements (e.g. how many hours a week you can work, having a hearing process for firing someone, etc.), a union agreement with an employer can't change how the law is enforced.  Some employers and unions have tried to limit the benefits that members can receive and this has been thrown out of court.

Why would a union steward tell you that you have to hire a certain attorney?  A reasonable guess is that they are getting something out of it.  We are certainly aware of law firms that regularly "entertain" union officials with golf outings, tickets to sporting events, trips and even gifts.  We've heard rumors of some firms providing illegal financial kickbacks.

Some of the attorneys the union tells you that you have to hire are outstanding and others are not.  We hear from a lot of clients that they felt the attorney was more concerned about the union boss than them as an actual injured client.

There is absolutely nothing wrong with the union telling you that they think attorney X is a good lawyer or having them suggest multiple firms for you (that happens with us by the way).  But for them to tell you that you must hire a certain law firm is false and certainly implies that they are looking out for themselves, not for you.   That simply doesn't happen in strong union organizations that really care about their members.

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, it's illegal to fire someone because they have pursued a workers' compensation case.  It sometimes happens though, often because an employer thinks that if they do so then the injured worker won't get paid as much.  They are wrong.

The law in Illinois is clear on this issue:  If you have a work related injury and are completely authorized off work then you should receive TTD benefits until you have a job to return to.  You could literally punch your boss in the face (we of course don't suggest this) and your benefits would still continue.

If you are released to return to work on a light duty basis or with some restrictions, your employer has to either accommodate those restrictions or continue paying TTD.  If they say that they would have had a job for you except you were "fired for cause" we then need to look at why you were let go.  If you were fired because you punched a co-worker, had excessive absences or were clearly insubordinate then you were fired for cause.  If they would have otherwise had a job for you then you likely won't be able to get benefits.

On the other hand, if they fired you because you couldn't keep up due to your injury, for a made up reason, because they don't like you, etc. then it's probably not a "fired for cause" situation and you should get TTD benefits.

A lot of this can be subjective and often requires us to go before a Judge at trial.  But if your benefits have been wrongly cut off that is our option.

FYI, no matter why you are let go, your medical benefits can not be ended because you have been fired for cause.  So any attempts to end your medical treatment because you have been let go is fraudulent.

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 reader writes:

My husband and I hired a Chicago attorney after my husband was injured in a trucking accident.  When ready to settle our case, the attorney asked my husband to sign papers. Before we signed we asked if our Chiropractor had been paid.  Mr. attorney assured us that HE had the bills and the Dr. would be paid as soon as my husband signed the papers.  Well, the Chiropractor never
did get paid.  The attorney lied to me several times, told me that insurance company MUST pay regardless as to what is on the form, because it states that ALL medical bills have been paid.  Back in February of 2009 the attorney said he was filing with the workers compensation board and our case should be heard by March 15th.  We never heard from this attorney again.  When I call, his secretary tells me that he is not in the office, and he will call me back.  I have waited for a return call and called several times since March.  What can we do?  This attorney had my Dr. submit his bills directly to him instead of to the insurance company.  Do we have any recourse?  I also wonder if my husbands settlement should have been so small.  Please advise.  WE need to know what to do next.

Another example of lazy lawyering that gives good attorneys a bad name.  A few thoughts:

1. On all Illinois workers' compensation settlement contracts there is a place to check whether or not all bills have been paid.  If yes is checked then the insurance company is supposed to have paid all reasonable and related medical bills.

2. Sometimes chiropractic bills are not seen as reasonable.  There are a lot of good chiros out there, but some over treat their patients.  This issue should have been taken care of before the attorney hurried off to have the contracts approved.  This is why we always tell our clients that a case is better handled right than fast.

3. Even if the box was checked that the bills were paid and the bills were reasonable and related to the injury, you still have to look at the back of the contract where the settlement terms are written.  If we were going to settle a case like this, we would have clearly written that the insurance company will pay $x to the chiropractor or that the insurance company is responsible for bills to the chiropractor.  Quick tip:  If you are injured on the job, don't ever sign a settlement contract without personally calling every medical provider you have seen and getting a bill from them.  Most lawyers do this for their clients, but this is your life so you need to take control.

4. There is no excuse for the attorney not calling back for months.  When lawyers in Illinois are unethical your only real recourse is to file a complaint with the Attorney Registration and Disciplinary Commission.

We don't know who the lawyer is that caused this problem, but we are guessing that their in-action is because either they screwed up or they have to go back in to court to solve the problem.  Since they won't get any additional money they are essentially screwing their client even though they have really already been paid, they just didn't complete 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.

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If you are injured on the job, you are not filing a lawsuit, you are making a claim for benefits.  Here are the benefits you can get starting with the three most common:

Medical- No co-pays, no out of pocket expenses, no deductible for any reasonable and related medical care for your work injury.  You choose your own doctor and the insurance company or employer has no right to talk directly to your doctor's office other than to ask for copies of records or bills.

Temporary total disability (TTD)- This is 2/3 of your average weekly wage, tax free, for the time that you are authorized off work for a work injury or have restrictions that your employer can't accommodate.  There is no limit to the amount of time you can receive TTD.

Permanent partial disability (PPD)- When you are all better or as good as you can get, you are entitled to pursue a settlement or go to a trial to get a PPD award from an Arbitrator. The amount you are entitled to depends on the extent of your injury as well as your earnings before you were hurt.

Temporary partial disability (TPD)- Similar to TTD, but this is for people who can return to work, but only on a part-time basis.  You get TPD benefits to make up the difference.

Section 19(h) rights- By going to trial, if you win you will be able to receive medical treatment that relates to the work injury for the rest of your life.  This as referred to as Section 19(h) rights.

Travel expenses- While you typically don't get paid for having to go to your doctor, you should be compensated for the mileage between your house and any doctor that the insurance company chooses to send you to.

Vocational rehabilitation- If your employer can not accommodate permanent restrictions that you have, you are entitled, at their expense, for a job counselor to help you search for new work within your restrictions.  In fact, once you are off work for 120 days the Illinois Workers' Compensation Act requires your employer to begin to develop a plan to return you to work.  This plan almost never happens and is probably the most overlooked law on the work comp books.

Maintenance- This is similar to TTD benefits.  You get this when you are undergoing vocational rehabilitation.  As long as you are cooperating with vocational rehabilitation then maintenance benefits should continue.  There is no time limit for how long you can receive these benefits.

Death benefits- If an injured worker dies from a work related accident and leaves either a spouse or a dependent then those survivors are eligible for death benefits which can be as high as the TTD rate.  The benefits can continue for up to 20 years and there is a minimum of $500,000.00 that should be paid.  In addition there is an $8,000.00 benefit for burial expenses.

Advances- If you are ready for trial and the insurance company isn't, you do not have to suffer.  If they are not paying you for your time off work your attorney can ask for a PPD advance.  This often happens in cases where everyone agrees that money will be owed at the end of the case, but there is a dispute as to whether the worker should be authorized off work or not.  It's not uncommon for the insurance company to "advance" a few thousand dollars up front and then when the case is resolved take a credit for that.  In other words if they advance $3,000 now, if a year from now the case settles for $20,000.00 you will only get $17,000.00 in new money.  The advance is always tax free and there is no interest applied to that so essentially the injured worker gets more money in the end.

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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People are always asking us what they can get if they are injured on the job in Illinois.  Here is an overview of the available benefits:1

Medical

In Illinois, your medical bills are covered 100%. You should not have to pay any deductibles or co-pays for any treatment that is reasonable and related to your work injury.  That said, you can't go from doctor to doctor to doctor.  You are entitled to two sets of opinions.

2

TTD - Temporary Total Disability

When you are unable to work temporarily, or if you injuries prevent you from performing your full duties and your employer can't find other work for you in the meantime, you are entitled to temporary total disability payments. The amount paid is 2/3 of your average weekly wage for the 52 weeks prior to your injury. The payments are tax-free and there is a weekly maximum and minimum. Payments continue for the duration of your disability (or until your injuries are determined to be permanent).

3

PPD - Permanent Partial Disability

If your injury is permanent, you can receive payments for the nature of your injury. The amount is 60% of your average weekly wage. These benefits can happen after your doctor has released you from his or her care and determined that you are at "maximum medical improvement." A lawyer can get you a settlement or you can get his benefit by going to trial and keeping your medical rights open.  Every case is different and there is no way to say what a case is truly worth without reviewing your medical records.

4

PTD - Permanent Total Disability

If you are permanently and completely disabled, and cannot return to any job, you are entitled to permanent total disability benefits. The amount paid is 2/3 of your average weekly wage, subject to a weekly minimum and maximum. The payments last conceivably for the rest of your life.

5

Death Benefits

An employee's surviving spouse and children are entitled to benefits based on a percentage of the employee's wages. A burial allowance of $8,000 is also available. Under changes to the Illinois Workers' Compensation Act in 2006, the minimum payout is $500,000.

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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This was passed on from another workers' compensation lawyer we know:

So I was watching a trial the other day and thought of you.  The petitioner's attorney had what seemed to be a great case.  Operated ACL injury with a disputed TTD period and a question as to whether or not there was an intervening accident that made it worse.  Client missed about two months from work for which he wasn't paid.  His lawyer made an opening statement asking for the TTD benefits, but not once did he ask his client if he actually missed any time from work.  We all know the system favors injured workers, but this was the most lazy, unprepared lawyering I've seen in a while.  Even if the medical records say he was authorized off work, how can you not actually ask your client if they missed work?  The guy was a white collar worker with a good wage so this will probably cost him around $8,000.

We have never finished a trial in which we didn't look back and think that there was a question we wish we would have asked.  But we've never looked back and forgotten to ask a material question like "did you miss any time from work?"

There are a lot of great workers' compensation attorneys in Illinois.  Most are really prepared before they go to trial.  But there are some that don't go over testimony with their client ahead of time, are always shuffling through papers during the trial and give you the impression that they haven't actually reviewed their client's medical records.

If you are going through an Illinois workers' compensation trial, if your attorney doesn't ask to review your testimony ahead of time, consider it a very bad sign.

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 reader sent in this good question.  The key point to remember is that workers' compensation claims are not lawsuits.  If a plumber takes $5,000 for a job and doesn't do the work, if you sue him and you file bankruptcy, that case goes away.

In Illinois workers' compensation cases, every employer has to carry work comp insurance.  If they don't it's a felony.  Even if the company goes out of business of files for bankruptcy, they still have insurance to pay on your injury.  It's possible that filing bankruptcy will cause a slight delay in your case (we may have to go in to bankruptcy court to get permission for the insurance company to pay out your case), but the filing of bankruptcy should never eliminate your case.

Some employers are self-insured.  That means that they have so much money in revenue that the state of Illinois has given them permission to not have insurance and handle their work injury cases in-house.  Some of these companies end up bankrupt as do some insurance companies.  Even in that situation your case doesn't go away. 

The State of Illinois has a department called the Illinois Insurance Guarantee Fund.  They take over when self-insured's or insurance companies go out of business.  Again there could be a slight delay to your case if this happens, but you won't lose your rights.

Finally, don't listen to an employer or anyone else that isn't looking out for you in this situation.  There aren't exceptions to what we wrote here.  It is what it is.

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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Happy Labor Day!

In response to a question from a reader, please note that every benefit you receive for workers' compensation is tax free.   Time off work payments, compensation for unpaid medical bills and any lump sum or long term payment does not need to be reported to Uncle Sam.

Sometimes people resign from their job and receive additional compensation for that through a work injury settlement.  That additional money is likely NOT tax free.

A worker can also get burned if they settle their case on a disputed basis.  Typically what will happen is the contract says "this settlement is made to purchase peace in a disputed issue."  It's very rare, but possible that the Government could say that this was not a payment for a work injury.

If you aren't sure what to do you should consult with a tax lawyer or accountant.

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 lot of people work more than one job.  The usual situation is one full time job and one part time job.  Both of those jobs are relevant if you get in a work accident.  Here are some of the scenarios"

Let's assume your full time job is a nurse and to make extra money you work ten hours a week at a store like Home Depot.  We'll assume you make $600.00 a week as a nurse and $150.00 a week at the Home Depot.

If you hurt your back lifting a patient and file a work injury claim, the first question is what is your average weekly wage.  This is important because it helps determine what you will be paid if you can't work and how much your settlement is.  In this case, it could either be $600 or $750.

It would be $600 if your hospital employer did not know you worked a 2nd job.  It would be $750 if they did know about that job.  Their knowledge is the key thing.

Assuming they knew about the 2nd job, if you were completely authorized off of work because of an injury you would received $500 a week tax free.  If they didn't know about the 2nd job you would receive $400 a week.  If you could only work as a nurse then you'd be paid for the Home Depot time that you are missing.  If you could only work at Home Depot then you'd be paid for the nurse time that you are missing.

The two key points are that your employer knew about the 2nd job and you were employed in a 2nd job at the time of your accident.

Does this make sense?  We try to write in plain English, but we aren't sure that we made it clear.  If you have any questions just let us know.

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 lot of readers ask how long they have to bring a case.  Some have only been hurt a few days ago, some are going on a few years.

The statute of limitations to bring an Illinois workers' compensation claim is the longer of three years from the accident date or two years from the last payment of compensation. 

Three years from the accident date is usually straight forward unless you have a repetitive trauma injury like a back problem from a lot of lifting over time.

Two years from the last payment of compensation includes not only workers' compensation benefits like TTD or payment of medical benefits, but also payments for medical bills related to the injury through group insurance (if obtained from your employer) or disability policy benefits (again it must be through your employer).  We have seen cases where a statute of limitation had passed, but because an insurance company paid a bill all of the sudden the case was alive again.  This is very rare and as far as we know, workers comp is the only area of Illinois law where you can miss the time limits for filing a case and then possibly get it back.

There is also a law that says you must give your employer notice of an injury within 45 days of when you knew or reasonably should have known that it might be related to a work accident.   Failure to do so can cause your case to be dismissed. 

The reality is that if you are hurt on the job you don't want to lose your right to benefits over a technicality.  By hiring an attorney this should never happen.

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 tell a lot of our clients that we hope their case isn't worth in the six figures.  If it is that means they had a really big injury that is probably going to impact them long term.  I haven't met one person that would give up their health for any sum of money.

On the flip side of that is the fact that many workers in Illinois do sustain severe injuries that change their lives forever.  Some can go back to their old jobs.  Some can still work for their same company but in a new job.  Others end up making less money working elsewhere.  Still others may be able to do some work, but there is no stable job market for them.

If you are hurt on the job and your doctor's final restrictions don't say that you are permanently disabled, that doesn't mean that you aren't permanently disabled under Illinois work injury law.  You just have to show that there's no reasonable expectation that a job would exist for you.

The Arbitrators look at a bunch of factors in deciding this.  They include the age of the worker, their education, their language skills, job history and physical restrictions.  You may be able to make some money here or there, but if there is no stable market for you, you will likely be found to be permanently and totally disabled.  The case that decided this was called National Tea vs. Industrial  Commission.

A smart attorney or injured worker doesn't leave their fate to an injured worker.  They demand that the insurance company hire a vocational expert and they also hire one of their own.  Just like you have to prove through a doctor what your injury is, you should prove through a vocational expert your ability to get a job.

This process is a marathon, not a sprint.  As long as you are cooperating with vocational rehabilitation you should continue to be paid while you are off work.  By cooperating with the process you help yourself in the long run.

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 get tons of calls from truck drivers.  Some were injured in Illinois, but otherwise have never been to Illinois.  Others have their terminal out of Illinois in places like Decatur, Chicago and Rockford, but work out of state.  Still others came to Illinois for their pre-employment physical and training, but haven't been here since.

If hurt on the job, all of those people would be eligible to pursue an Illinois workers' compensation claim.  They potentially would also have the ability to file a case in other states depending on where they were hurt, where their terminal is located and the laws of each state.

We are only Illinois attorneys so we can't give you advice about other states.  That said, we know many work injury attorneys throughout the country and everyone we've talked to has made it clear to us that the best benefits for injured workers are in Illinois.

Sometimes the insurance company will tell you that they are processing the benefits through one state.  They don't get to make that decision, you do.  Sometimes they do it because they don't know any better.  Often insurance companies do it because they know the case is worth less money in a state like Indiana, Tennessee or Texas than it would be in Illinois.  Many states have smaller limits as to what you can recover (we are told that the maximum for a Kansas case is $125,000.00) and they also sometimes give the insurance company control over your medical care.

Remember that if you want to bring your case in Illinois, as long as you were hurt here, hired here or have your employment principally based out of here you can bring an Illinois workers compensation claim.  Even if you settled your case through another state you may still be able to file your case in Illinois, even if your settlement agreement in the other state says that you can't bring any other cases.  Only the Illinois Workers'  Compensation Commission can close out your case.

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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Understandably, a lot of people that come to us for help are anxious about their case and thinking about what it might be worth if it's settled.  We can't tell you what it's worth until your treatment is done with and you are at what a doctor calls maximum medical improvement.  In other words you are as good as you are going to get.  Even then we might not tell you to settle.

If you are still under a doctor's care there is no reason to settle your case.  Once you do settle you are responsible for all medical bills.  So what do you do if you want to get paid for what your case is worth, but don't want to give up your medical rights?

The answer is go to trial.  If you go to trial and the Arbitrator rules that your condition is work related then you keep medical rights open for life as it relates to that injury.  In other words, if you have knee surgery, wake up five years from now with a stiff knee and your doctor at that time says it's arthritis from the old work injury, the workers' compensation insurance company would have to pay for 100% of your medical treatment at that time.

The only drawback is that by going to trial you don't get a lump sum settlement, but rather you get paid paid over a period of weeks depending on how much the Arbitrator thinks your case is worth. 

If you have hardware in your body from a surgery like a lumbar fusion or ankle replacement or any reasonable belief that you might need medical treatment in the future, it's a real good idea to think about keeping your medical rights open.  If you don't, you may find yourself in a situation where you have no one to pay for your bills and treatment that you can't get.  Some workers' compensation trials take less than 60 minutes to complete.  We think an hour of your time is worth a lifetime of medical security.

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 mentioned a few times in this blog about 19(b) petition's for immediate hearing, but haven't clearly stated what it is.  Simply put, a 19(b) petition is the way that you can get immediately in to court if you are owed benefits that are wrongly denied.

Usually your case appears for status before an Arbitrator every 60 days or so.  So if your case is on the July status call, the next time you can ask the Arbitrator for a trial date is September.  By filing a 19(b) motion, we can get your case on to the next hearing date which in this example would be August.

A normal trial motion has the Judge decide every issue in your case, including what it is worth.  A 19(b) decides just some of the issues such as whether or not you are owed TTD benefits, whether or not the insurance company has to pay for your surgery or if your case is in fact work related at all. 

Many work injury lawyers in Illinois file 19(b) petitions, but few actually go to trial on them.  This is usually because they haven't prepared their case.  For example, to go to trial your lawyer needs to secure all of your medical records and possibly take a deposition of your doctor or the company IME doctor.  This takes organization and preparation and is the number one reason why you should file a case formally before a problem occurs.  Otherwise your attorney is scrambling and it can take months to get your case ready for trial.

If your benefits are being denied unfairly, you should insist that your lawyer get the case ready for trial and file a 19(b) petition.  It should almost never take more than 30-60 days for that to happen.  We've had calls from people whose benefits haven't been paid for more than a year and they've never been to court.  That's just lazy lawyering, plain and simple.

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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An injured worker called us for help.  The insurance company doesn't dispute that he hurt his arm on the job.  In fact they have already paid for his surgery.  He has a 12 week physical therapy program and has completed two weeks of it.

Earlier this year, not anticipating that he would get hurt on the job, he booked his family's dream vacation to Disney World (side note, I was dreading that trip with my family, but took my kids this year and that place is awesome.  So well run and everyone is so friendly).  Not only is the money he paid for the trip non-refundable, but his wife and kids have been talking about it for months.  He certainly doesn't want to let them down.

The insurance company told him that if he took his vacation and missed out on physical therapy they would terminate his benefits.  Obviously this created a huge dilemma for him.

The good news is that there is a solution to his problem.  We suggested that he get a home physical therapy program to take with him to Disney.  It's important that he recover, but you don't have to drop every aspect of your life if you are hurt on the job.  While he can't do anything that would hurt his condition and it would be unreasonable to take months of time away, a pre-planned vacation would almost certainly not be deemed unreasonable. 

We will go to the insurance company with our very reasonable plan and will show case law that supports our position.  If they still cut him off we will file a trial motion and a petition for penalties and fees that will punish them for what would be unreasonable behavior.

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 reader ask:

In Illinois how many doctors can a Injured worker see on
his or her own?If my doctor and the Work Comp doctor do not agree with
treatment can I see a second doctor of my own?

Under Illinois workers' compensation claims, you choose your own doctor.  Your employer can send you to a doctor of their choosing for a one time visit.  You are entitled to two choices of doctors, but that doesn't mean that you can only see two doctors.  Confusing?  Let me try to explain.

The reality of the law in Illinois is that you are allowed two chains of medical referrals.  If you get hurt and go to your primary doctor and that doctor sends you to an orthopedic doctor who in turn sends you for an MRI, then physical therapy, then to a pain management doctor and finally to another orthopedic doctor for a 2nd opinion, that is one chain of referrals.  If you wanted a 2nd opinion you could seek one out on your own or ask one of the doctors you have already seen for a referral.  If it's from a referral it doesn't count as a 2nd opinion because it's still part of the first referral chain.

I've probably confused you more than before, but let me tell you the key thing to remember.  If you go beyond to chains of referrals, even if it's a compensable injury, the insurance company doesn't have to pay.  If you want a 2nd opinion I always tell my clients to ask their primary doctor to make a referral for them so this doesn't become an issue.

Now back to the original question.  While this reader can get a 2nd opinion, if the case is being hurt because of the doctor the company got, I wouldn't tell her to get a 2nd opinion.  Instead, if her doctor is credible I would simply motion the case for trial and let the Arbitrator decide who to believe.  In general Arbitrators give more weight to the opinion of a treating doctor.  If the reason for wanting a 2nd opinion is to help the case, it could actually hurt the case if the new doctor agrees with the company doctor.  This case is going to go to trial anyway because once an insurance company has a doctor in their favor they usually dig in their heels.  So instead of delaying, let's get before the Judge, win your benefits and let you focus on getting better.  That's how I would handle it.

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 was assigned to jury duty today for the first time in my life.  Last night I called the juror hot-line and discovered that my service was going to be postponed for one week.  Off the hook for today, but it's a temporary reprieve.

I've been an attorney since 1997, but almost never appear before a jury because Illinois workers' compensation claims are decided by Arbitrators.  This saves time, money and helps cases move forward.  It also doesn't put the fate of a client in the hands of someone who doesn't want to be there.

I always hear about people dreading jury service and never really put much thought in to it because it never had been something I had to deal with.  But getting the jury summons and having to think about going to the jury pool when I've got 1,000 other things I'd rather do really helped me understand why people dread it.  I even googled how to get out of jury duty just out of curiosity (not that I would ever do that).  I imagine being a lawyer I won't get picked and even if I do get picked it won't be that bad. 

All that said, when I think of how this will interrupt my practice, I imagine that others feel the same way and would guess that there are people who do get picked that are bitter the whole time or rush a decision just so they can get home.  I would hope that I wouldn't sub-consciously do that and just make the best of it.

Either way, I'm thankful for me and my clients that their fate is decided by an Arbitrator, not a jury.  It allows us to help more people and makes cases go faster.

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 caller asks if he is entitled to TTD benefits after his upcoming back surgery.  He retired from his employer a year ago, but now needs a fusion which is related to a work injury from this employer.

Even though he is voluntarily out of the work force, if he is completely authorized off of work following the surgery, he is still entitled to benefits.  Those benefits will continue until he either gets a full duty release or a release with restrictions that the old employer could have accommodated.

The reason for all of this is just because you retire from one company does not mean that you don't want to work anywhere.  Since the work related back surgery is taking him out of the work force, he is entitled to TTD benefits.  It may be counter-intuitive, but it's the law in Illinois and that's all that matters.

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 following was submitted recently:

I recently was injured at work and ruptured my left distal bicep tendon. It was surgically repaired 4 days later. I don't know if I can return to my old job and do not know how much function or strength  I will regain. Am I entitled to a settlement and if so, any idea of possibly how much?

We give more free advice than any attorney we have come across, but other than saying yes that this person is entitled to a settlement although depending on the ultimate recovery it might make more sense to not settle and keep his medical rights open.  Either way, we can't tell what the case is worth until he is as good as he is going to get medically speaking and we see what type of work he can do.

Bottom line is that it's worth something, probably a lot, but as an injured worker we suggest that you first focus on your health.  We have never seen a situation where someone received more without a lawyer than they would have with one.  If you want our help with evaluating your case let us know.

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 recent caller wanted to know what his case was worth because his doctor had given him a 5-10% impairment rating concerning his shoulder injury.  In many states doctors rate the case and that is how you know what it is worth.

Illinois specifically does NOT recognize doctor ratings to determine the value of an injury.  We determine permanent partial disability based on a review of the medical records, the status of your job and comparing all of that to past cases decided at the Illinois Workers' Compensation Commission.

In the case of the caller, he had a rotator cuff repair with permanent restrictions and a likely 2nd surgery.  It's too soon to say what the case is worth, but we can tell you that it's going to be worth way more than 5-10% loss of the arm no matter what the doctor says in his impairment rating.  Literally an impairment rating by a doctor has no impact on the case and it's not supposed to be admitted as evidence.

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 injury attorneys that focuses on job accidents and make referrals to the top lawyers in Illinois for other areas of law.   A recent call brought to mind a sad reality about Illinois wrongful death laws.

The son of a worker that was crushed to death on the job called us looking for help.  Unfortunately the dad had no dependents and was divorced so under Illinois law the only thing that could be recovered from workers' compensation was payment of medical bills and the funeral bill.  Had he any dependents, the minimum payment would have been $500,000.  Had he survived, the accident likely would have cost the insurance company hundreds of thousands of dollars in medical bills and lost time.

Because a co-worker was at fault for the death, there is no one we can sue for this tragic accident.  Even if there was someone to sue, the amount that could be recovered is way less when someone dies in almost every instance.  And although he had three loving children and four grandchildren, because none of them were financially dependent upon him, the insurance company will end up paying less than $10,000 as a result of a death on the job.

Sad but true.

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 answer is if it results from a spinal fusion that happened as a result of an Illinois workers' compensation claim.  Confused?  Let us explain.

It's not uncommon for an injured worker in Illinois to have a spinal fusion.  That is a major procedure that can have many complications.  One of the complications that is well known is that a patient can sustain blockage in their intestines.  In a recent case, a worker ended up with a colostomy bag.

Bottom line, anything that stems from a work injury is covered.  If you go in for a simple hernia procedure and develop a brain injury from an anesthesia mistake, that would all be covered by workman's comp.  If you are in physical therapy for a knee injury and it gets worse, it's covered.  Anything that can be traced to the original injury should be covered.

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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This question was just raised to us by the co-worker of a young man (22) that died in a job related accident.  This unfortunate young man was not married and had no kids.  He also did not have anyone that was financially dependent upon him.  He is survived by two parents and a sibling.

In this case, because no third party was responsible for the death, the only benefits that are available are payments of his medical bills and payment for his funeral (up to $8,000).  Under Illinois workers' compensation law, when there is a wrongful death on the job, you can't sue your employer for negligence.  If there are dependents or a spouse they will receive death benefits that pay a minimum of $500,000.00.  If no spouse or dependents then there is nothing that we can do for the family.

When we get these calls we look at every possible angle to see if someone can be held responsible so please don't read this post (or any other on the site) and draw a firm conclusion about your case.

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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(http://www.iwcc.il.gov/coverage.htm) or contact the Commission (inscompquestions.wcc@illinois.gov; toll-free 866/352-3033).

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.

It speaks for itself.  We think it's great.

Employer closed down for failure to obtain WC insurance

For the first time, an Illinois business has been shut down for failure to obtain workers¹ compensation insurance. The Illinois Workers¹ Compensation Commission and the City of Evanston shut down All Good Dogs Pet Care, also known as The Hungry Pup, an Evanston storefront at 941 Chicago Avenue, with dog-walkers in six suburbs.

Four individuals have filed workers¹ compensation claims against the company. Two individuals have been found eligible for workers¹ compensation, but the employer has not paid any benefits.

³We gave the employer every opportunity to comply with the law,² said Jan Eisbart, manager of the IWCC Insurance Compliance Division. ³All they had to do was get insurance and they have not complied. They did not respond to our letters or even appear at the hearing. They forced our hand.²

Eisbart takes this occasion to remind all employers of their obligation to purchase workers¹ compensation insurance. Employers may be fined up to $500 for each day without insurance, with a minimum fine of $10,000. Corporate officers may be held personally liable and/or sent to prison.

In 2005, the legislature strengthened the law by giving the Commission the authority to issue a work-stop order on an employer that has been found to knowingly fail to carry insurance.

Anyone may check an employer¹s insurance coverage on the IWCC website

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This is by far the number one question we get on any Illinois workers' compensation case from a prospective client.  We don't blame you, it would be in the back of our minds too.  The money you can get if you are seriously injured is significant and tax free which doesn't hurt either.

All that said, we are brutally honest with our clients.  There is no way to tell you what a case is worth without reviewing your medical records and your job situation.  We can make an educated guess, but certainly would never recommend that to anyone.  We strongly feel that it's important to do a work injury case right, not quickly.  This means looking at every relevant medical record and fully assessing the situation. 

Often it's not in a client's best interests to settle their case.  Sometimes they need more medical treatment.  Sometimes we need to make sure that they can work without problems.  Bottom line is that we will do whatever we can to maximize the recovery for you with your long term best interests in mind.

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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Lately we've seen a lot of cases where people looking for an Illinois work comp lawyer are being told that even though their doctor recommends physical therapy or surgery, it's not going to be approved.  I spent 30 minutes with a physical therapist this morning whose clients are continually being denied treatment by medical management companies.

The Illinois Workers' Compensation Commission rules are clear. If the treatment is reasonable and related then it should be covered.  Treatment should not be denied unless the insurance company has a medical opinion from a doctor that says the treatment is not necessary or not related to a work injury.

The good news is that when this non-sense happens we can file what is called a Section 19b petition for immediate hearing.  We can also file a petition for penalties and fees that works kind of like punitive damages.

When you are dealing with nonsense you can either roll over and take it or send a message that it's not acceptable.

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 much stuns us anymore, but this one did.  A new client was working on a telephone pole when he fell 35 feet after a ladder collapsed.  Prior to the injury he was not receiving any medical care for any problems and worked out four days a week. 

As a result of the fall he has herniated discs in his back, a likely torn rotator cuff and a knee injury.  The insurance company sent him for an IME that said his back and shoulder problems were pre-existing and not due to the fall.

Now a lot of IME doctors are legit and then some like this guy are company whores.  I question how guys like that sleep at night.  I also can't wait to see his deposition and how he tries to justify his opinion.  Our client fell 35 feet!!!  He's lucky he's not dead or paralyzed.

They want him to put his bills through group insurance.  Not gonna happen.  We are going to file for an immediate trial and petition the Arbitrator to award penalties and fees.  Just absolutely stunning what some insurance companies will do.

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 an Illinois employer or doing business in Illinois and you don't have workers' compensation coverage, it's a felony.  This assumes that you have employees.  In other words, if you are the only employee you don't have to coverage, but if anyone works for you, you do.

In addition, you can't have an employee sign away their rights to workers' compensation coverage.  Even if they signed that type of document, it would not be enforceable. 

Also, some employers try to get around this law by calling their employees independent contractors.  If they truly are employees - meaning that you have a right of control over them - then they would still be covered under the Illinois Workers' Compensation Act.

From the worker's standpoint, rest assured that your employer doesn't set the rules, the state of Illinois does.  No matter what your boss says, you are covered if hurt on 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.

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We represented a very nice woman who had carpal tunnel surgery on both hands.  Based on her medical records, recovery and current complaints, her case in our opinion is worth 25% loss of each hand.

Problem is that before she hired us she tried to settle the case herself.  The adjuster offered her $20,000 which was 12% of the hand.  Our client then said she wants $24,000 and made clear that was her bottom line.  The adjuster didn't budge so the client came to us.

We immediately realized that this case was worth double the offer and made the case to the adjuster.  She admitted it was worth what we were asking, but said, "I'm only offering $24,000 because I know that's what she wants." 

Long story short, we took the case to trial, got exactly what the case was worth, but our client didn't get her money until 14 months after they would have had they come to us in the first place.

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 representing a nice laborer who hurt his knee on the job, had surgery for a torn meniscus and for the most part has made a good recovery.  He's a the type of worker every company should want; doesn't make waves, works hard, shows up every day, etc.

His daughter called the insurance company and asked for a settlement offer.  Her dad would have taken whatever they presented no matter how low the offer was.  Instead the adjuster said something like, "Sorry, your case was closed and can't be re-opened.  There will be no offer."

WRONG!!!

An insurance company can't just close a case.   Now your case might be barred because of a statute of limitations problem, but some adjuster can't just one day decide to tell you that the case is over.  As they said in Animal House, "It's not over until we say it is!"

End of the story is that the case has been filed and you can bet our client who would have taken whatever was offered will be getting full value for his 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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A sad reality is that many of our clients at some point need to hire an Illinois labor and employment law attorney.  We don't handle those cases, but we do.  You are probably saying to yourself, "Huh????"

We believe that if we are representing a client that we have a responsibility (within reason) to help our clients out in anything that stems from their case.  In other words, if you are owed overtime payments, we should refer you to someone.  If you are fired because you got hurt on the job, we should refer you to a lawyer that can help you.  If you are getting a divorce, well that likely has nothing to do with your case; but we'll still try to help you find the right attorney.

So many attorneys seem to take the easy excuse of saying something like, "We don't specialize in that."  If your work injury attorney hasn't made any relationships with employment law attorneys then all we can say is that is a real bad sign.

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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When someone sustains a permanent scar from a job accident it can possibly entitle you to compensation for what is called disfigurement.  There are a few things to think about in these cases:

1. You can't settle a scar case until your scar is at least six months old.

2. Scars that occur above your knees or below the breast line do not qualify for compensation (although you might be able to get compensation for permanent partial disability if there is some other problem to that part of the body).  Please note that scars on your arms in between these two points can get compensation.

3. A scar on your face is worth more money that any other part of your body.

4. A scar that is raised or keyloid has more settlement value.

5. You can't get permanent partial disability (ppd) and dis-figuration money for the same body part.  e.g. if you are cut by a saw at work and sever a tendon, you will get ppd, but won't get disfigurement.

This is one area of workers' compensation where your medical records don't help a Judge decide what your case is worth.  If we can't settle a scar case we usually just take our client in front of the Judge and let him/her offer their opinion.  The case typically settles after that.

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 getting a divorce or paying child support in Illinois then your Illinois work injury claim can in a way become a part of that case. 

For divorce, a settlement for an injury during the marriage is considered a marital asset and your spouse might have an interest in half of what you get.  In other words, if you get hurt on January 15th and file for divorce that April, your spouse could be owed part of your settlement.

For child support, if you are delinquent in paying or if your ex gets a withholding order, it's possible that part of your TTD check will go directly to them.  It's also possible for them to get an order requiring that they get paid before you do if a settlement is reached.

In neither case can your ex say that a settlement isn't fair or actually take part of the case.  But once they put you and/or your attorney or the insurance company on notice of their interests, those interests have to be protected.

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 representing a very nice woman who broke her hip when she fell off of a chair.  She had to go to a nursing home as part of her care after surgery.  Her doctor believes that while in the nursing home she contracted C-diff which is a very severe infection of the bowels that can be life threatening.

When this client came to us, the insurance company was agreeing to pay for the nursing care for the hip, but not for the C-diff problems.  They tried to get our client to put that through Medicare.

The law in Illinois is clear.  Anything that arises from the original injury is part of the workers' compensation case.  We have had cases where clients on crutches after knee surgery hurt their elbow because of the crutches.  That was covered.  We've seen people go in for routine surgery and become brain damaged from a surgical error.  That was covered.  We certainly expect that our new client will have all of her bills covered by workers' compensation as well.

It's important for our client or anyone else not to have Medicare or group insurance pay for these bills.  If they realize that they paid bills in error they can sue you to recover what they paid.

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 of ours has been off work for 18 months and is now receiving social security disability benefits.  It is not clear if she will be able to ever go back to work and she asked us if getting social security proved that she is permanently disabled for workers comp purposes.

The answer to her question is no.   Number one, the findings of social security aren't worth anything.  Their standards are different than the Illinois work comp standards.  Number two, it depends on her future medical improvement.  Getting social security doesn't mean that you are disabled forever, it means that there is a reasonable expectation that you won't be able to work for twelve months.

If our client's neck injury gets better and she can return to some sort of work, she will not receive permanent disability benefits as long as there is a stable job market for her.  Time will tell.

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 recent caller wanted to know how much we charge to represent him because he didn't think he could afford an attorney.  He was pleasantly surprised that we work on a contingency basis and receive 20% of what we recover when the case is over.

This is nothing special to our firm.  Illinois law prevents Illinois workers' compensation attorneys from charging anything but a contingency fee if they win.  In other words, if a lawyer asks you for money as part of representing you, run the other way.

There are also some attorneys that try to take 20% off of your TTD benefits or medical expenses when they do nothing more than make a phone call or write a letter.  We never take money for TTD unless we go to trial and we don't take money that is to go for our client's medical expenses ever.

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 Occupational Disease Act is for the most part the same thing as the Illinois Workers' Compensation Act except that it deals with injuries that are a result of exposure to chemicals or other occupational hazards.  It's not like lifting a box where something happens and you know you are injured.  Rather it's an exposure that over time causes a problem.

We are investigating the case of a firefighter who has developed leukemia.  Some studies show that firefighters are at risk for leukemia to do exposure to toxic chemicals when responding to a fire call.   On top of that, there is exposure to benzene and other chemicals when driving their trucks.

Much like a typical repetitive trauma case, if your doctor says that your job contributed to your disease, you are eligible for benefits even if your job is not the primary cause.  100% of your medical bills should be paid, you'd get 2/3 of your wage tax free for your time off work and you'd be entitled to compensation for the permanent nature of your injury.

Because these problems don't show up right away, many clients are under the gun time wise to get a case filed.  If you think you are injured from an exposure to chemicals at work do not delay seeking a lawyer.

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 Commission just released the following statement:

In plain English, permanent partial disability is what you get for the permanent nature of your injury once you are all better.  The amount you get paid is based on the date you were hurt, the extent of your injury and the amount you were earning when you got hurt.  The PPD rate is 60% of your wage and is subject to a maximum amount.  Click here for the rate chart.  The Commission had incorrectly stated that the maximum rate was $643.82.  If you are a high wage earner your case is probably worth more money now.

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.

Due to a clerical error, the maximum PPD rate for 7/1/08 - 6/30/09 that was posted in January 2009 was wrong. Please note the correct rate is $664.72. We apologize for the inconvenience.

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Temporary total disability benefits (TTD) is compensation you receive for the time you are unable to work do to a work injury.  In Illinois that figure is 2/3 of your average weekly wage, tax free.

TTD is supposed to start once you miss four days of work.  You don't get paid for the first three days off unless you are off for two weeks.  In that case you are to be paid retroactively.

The trick is that days off count.  In other words, if you work Monday to Friday and are off work Thursday, Friday and Monday, you have really been off work for five days not three.  Make sure you get paid for this and no matter what they tell you, you don't have to use vacation days.  If you do we should be able to get that reinstated for you.

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

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Presumably it's not that you are a really good football player.  What you have in common is that even NFL players and other professional athletes are covered by Illinois workers' compensation laws.  If they get hurt while playing they are entitled to the same benefits as you or me.  The only major difference is that most pro athletes will exceed the maximum weekly TTD benefits.

One other possible difference is that if a pro athlete has a career ending injury and they are smart, for the rest of their life they should receive the maximum permanent partial disability rate tax free.  That's because in almost any situation they would have a "wage differential" case.  Even if they can work a new job it's unlikely that they could make as much money as they used to.

Most workers on the other hand, even if they have to get a new job, don't lose hundreds of thousands of dollars in salary.

So the next time you see a pro athlete get hurt on the field it may be an Illinois work injury 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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Illinois is what we call a worker friendly workers' compensation state.   One of the odd rules that we have is called "contract for hire."

In plain English, this means that if the last act needed to make you an employee took place in Illinois, then any work injury claim you have for that company can be filed in Illinois.

For example, let's say you are a trucker that lives in Florida and are sent to Chicago for a physical before you get hired.  If you pass the physical and accept the job while in Chicago then for the rest of your employment you can file an Illinois workers' compensation claim.

This would be true even if the only time you ever were in Illinois was when you got hired; no matter when the injury took place.

So if you are a trucker, flight attendant or anyone else that might benefit from this rule, pass it on to your co-workers.

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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With the terrible economic times and numerous stories of job losses, it's not surprising that many injured workers don't have a job to go back to.  If you are injured on the job and have any restrictions, if your employer can't find a job for you, they owe you temporary total disability benefits.  This is true even if your restrictions are permanent.

All that said, one law, that most attorneys don't enforce, requires an employer to come up with a vocational rehabilitation plan if you have been off of work for more than 120 days.  In these hard times it makes sense to be pro-active in finding a way to get you back to work.

By filing a motion with the Arbitrator to make this plan happen, you can motivate your employer to locate a job that works for you or if no job is ever going to be available, find out what other careers you can do.  This law is especially important for workers who have had back surgery and no longer can do heavy lifting.

Does this sound confusing?  If it does just call us at (312) 346-5578 and we'll explain.

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 get e-mails and calls all the time from people wanting to know "What is my case worth?"  Today was from a guy who just broke his leg and had surgery less than a month ago.  Needless to say it's too soon to tell him what it is worth.

That said, there are often times when the answer to what a case is worth is, "there is no amount that makes sense for you."  That doesn't mean you are going to become a millionaire; rather it means that we think  you would be best served by keeping your medical rights open as relates to your injury for the rest of your life.

To achieve this, all we have to do is take your case to arbitration and win.  Assuming your injury is work related, this will happen.  The negative is that you don't get a lump sum settlement.  The positive is that you still get paid what your case is worth (it just gets spread out in weekly payments over a year or so depending on how seriously you were hurt) and your medical rights as relate to this injury stay open forever.

In other words, if you have a back fusion and may need surgery in the future, this is a way to have peace of mind that any future medical care will be paid for.

We always tell our clients to think long-term and suggest that you take that approach too.

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 got a call from someone that we can't help.  His case went to trial and the only issue was supposed to be what is his case worth.  In other words, it was a real simple case and the trial could not have been easier because the employer admitted the accident took place and the injury was related to the accident.

Unfortunately, the caller's attorney "forgot" to include their medical bills.  Because the case is not disputed in any way these medical bills would have been automatically paid.  Now if this was just a $500 bill that would have been unfortunate, but not a huge deal.  In this case the unpaid bill was approximately $61,000!!! 

To make a mistake like that is unheard of.  Before any case goes to trial a work comp attorney should call every medical provider and get an itemized bill for anything unpaid.  Now this caller likely has a legal malpractice lawsuit, that doesn't guarantee anything and it is an overall sign of an attorney who doesn't do a good job.

Our advice, if you are with an attorney and they appear to be sloppy, think of getting rid of them before it's too late.  And make sure they have every medical bill in hand.

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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Seven+ years ago football player Korey Stringer died from heat related problems while practicing with the Minnesota Vikings.  ESPN just reported that the case against the NFL was settled.

While his widow likely received a workers' compensation death benefit, like many of the cases that we deal with, there were also "third party" lawsuits that were filed.  That means that the widow sued alleging negligence against someone other than the employer for causing the death.  We do this all of the time, usually when a client of ours is hurt in a car accident or construction injury that was someone elses fault.  You can't sue your employer for negligence, but the rest of the world is fair game.

What is telling about the Stringer case is that when it was first filed her attorneys asked for $100 million.  Now no one is saying what the case settled for, but it's clear that it wasn't anywhere near that figure.  Mrs. Stringer herself even admitted in the article that the huge demand was to get the attention of the responsible parties and make changes into how they deal with practicing in the heat.

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 amount you get paid for your time off of work (TTD benefits) and the amount your case is worth (PPD) benefits is determined from a formula based on your average weekly wage prior to the injury. 

These rates are subject to maximum earnings - the TTD rate is 2/3 of your wage, but if a pro athlete or millionaire businessman got hurt they wouldn't get that much, most people are not affected.  The new maximum TTD rate in Illinois is $1,231.41.  The new maximum PPD rate is $643.82.

These were the smallest Illinois workers' compensation benefit increases in years and reflect our poor economy.  That said, an Illinois work injury is worth more than any other state so all things considered no one should be complaining.

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 are some work injuries that are so significant that they require home care.  We have had cases where our clients have been awarded benefits that included a nurse coming into the home to provide treatment.  Some examples of what they do are change bandages, provide physical therapy, cook meals and generally take care of a person who can no longer do so for themselves.

In some matters it makes sense for a family member to provide this service.  I know that if I was hurt to the point where I needed assistance going to the bathroom or taking a shower I would be more comfortable with my wife handling those duties, especially if this help was needed in the middle of the night.

Under Illinois Workers' Compensation Law, if a family member has to take care of a disabled worker they may be entitled to pay for this time.  The law isn't clear-cut on how much they will get paid and it often depends on how much skill you have as a care taker.  In other words, a licensed nurse can expect to be paid like a nurse.  If you don't have that license you wouldn't get paid as much even if you were doing the same work a nurse would do.

We know this is confusing so if you have questions about compensation for a family member who has to take care of an injured worker just call us at (312) 346-5578.  Please note, it usually is a benefit that is only available to the family members of those who are severely 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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While at court the other day, one of our attorneys overheard another Illinois workers' compensation lawyer (not part of our office) say something shocking.  The lawyer told his client that it would be illegal to apply for social security benefits while getting workers' compensation.

It is true that a client who is getting both social security benefits and work injury benefits causes more for work for us as lawyers, it is certainly NOT illegal to get both at the same time and it puts more money in the hands of our clients. 

Now we don't know if the lawyer we overheard was lazy, mis-informed or just a liar, but it was pretty shocking as none of his possible excuses would be justifiable in our mind.  This is the danger of hiring an attorney who doesn't solely handle work injury cases and isn't an advocate for 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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When you have an injury that is covered under Illinois Workers' Compensation Law, your employer must pay for all medical treatment that is reasonable and related to your medical condition.  Well, what does that mean?

Reasonable:  This means that it is prescribed by a doctor and is medically accepted by most doctors to be a treatment that makes sense.  In other words, if you hurt your neck and buy yourself a pillow because it helps you sleep at night, we likely can't get the insurance company to pay for it.  On the other hand, if your doctor says that you need that pillow and writes a prescription for it then we can get you reimbursed.  We have secured gym memberships for our clients as well when their doctors felt working out would promote a recovery. 

Related: It has to be related to your work injury.  You may hurt your back at work and herniate a disc.  The doctor you see for that injury may also be giving you medical treatment for a knee injury from playing basketball or some other reason.  Some of these doctors carelessly bundle their bills and don't distinguish what is related to the work injury and what isn't.  We can only get bills that are part of the reasonable work injury treatment paid.

When your medical treatment is reasonable and related to your injury we usually get 100% of the bills paid with no co-pays or out of pocket expenses for our client.

If you have paid for anything out of pocket make sure to keep receipts.  We will do whatever we can to get you reimbursed ASAP.

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 recently were called by someone who needed a Rockford carpal tunnel lawyer.  He was concerned because he has been laid off and his employer wants him to sign a severance agreement that states he will forfeit the right to pursue Illinois workers' compensation benefits or any action at the Illinois Worker's Compensation Commission.

We told him to sign the document because according to Section 23 of the Illinois Workers' Compensation Act, only an approved settlement contract from an Arbitrator can cause someone to give up their work injury rights.   Since this severance was not being entered into at the Illinois Workers' Compensation Commission, we do not believe that any rights will be lost for him.

All that said, if you are offered a severance agreement and might have a work injury or any other right under Illinois or Federal law, it is extremely important that you have an attorney review that document as failure to do so could cause you to lose some rights forever.

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 lot of unions in Illinois try to steer their clients to a particular attorney to represent them when they are hurt.  Unfortunately, they don't always do this because they think that is the best attorney for their union member.  Rather, it's often because that lawyer or his firm has provided a kickback or other incentive.  If you don't believe that, ask your lawyer how many times he has taken the union steward to a Bulls, Cubs, Sox or Bears game.  It shouldn't happen, but the reality is that it does.

The good news is that you can hire anyone that you want to help you secure the maximum benefits available to you and you should do that.  It doesn't cost you any more money to hire the right attorney and certainly there is only one person you should be looking out for; YOU.

The way our firm works is we have a network of aggressive lawyers throughout the state that have a niche with different types of work injuries.  In other words, if you are in Chicago and have a carpal tunnel case, there is a lawyer we work with that has handled hundreds of those cases.  On the other hand, if you have a heart attack on the job or a spinal fusion from a work injury, there is a different lawyer that is right for you.

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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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Illinois workers' compensation cases are not lawsuits.  Employees in Illinois can typically not sue their employer for negligence.  Instead they get workers' compensation benefits and don't have to prove any fault or negligence if their injuries arose out of and in the course of their employment.   Injured workers usually can receive:

100% of their medical bills:  That means no co-pays or out of pocket expenses if the treatment is reasonable and necessary.

66% of your average weekly wage:  This is also known as TTD benefits or temporary total disability.  You get 2/3 of your average wage over the last 52 weeks.  Unlike some other benefits, there is no maximum amount of time to receive TTD.  You get it until you are back to work at your old job or can work with restrictions.

A settlement for the permanent nature of your injury:  This is known as PPD or permanent partial disability benefits.   The amount you receive for this depends on your wage and the impact of the injury on your life and how it will effect you in the future.  Lawyers determine this by looking at your medical records and comparing your situation to past cases that have been settled or decided by a Judge in Illinois.

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It is not unusual for someone to have a bad back, sore arm, stiff knee, etc.  Especially as you get older the acts of daily living can wear your body down.  Many people also have problems due to past injuries.  We have represented a lot of clients who in the past have had non-work related back surgery, rotator cuff surgery, carpal tunnel and knee injuries.  These clients came to us when something about their job caused these pre-existing problems to flare up.

Under Illinois workers' compensation law, a pre-existing condition does not bar you from receiving benefits.  If your job aggravates or accelerates a pre-existing condition you should receive Illinois work injury benefits. 

In other words, your employer takes you as they find you.  If you had back surgery last year from a fall at home and then start a new job where you do some lifting and re-injure your back, the pre-existing condition should not reduce any rights that you have under the law.

Similarly, if you tore your ACL years ago and then twist the same knee when you slip on the floor at work, that is  a new case.

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In a recent Appellate Court decision that may end up in the hands of the Illinois Supreme Court, the law on what happens to fired employees under workers' compensation was changed.  It was decided that if an employee is working a light duty job or is off work and receiving TTD (Temporary Total Disability) benefits and the employee if fired "for cause" then the employer no longer owes benefits.

Previously the Illinois Workers' Compensation Commission ruled that if you had any restrictions and were let go from your job you were owed TTD benefits.  In other words, you could have spit in the face of your boss, gotten fired and received benefits.

The big issue for injured Illinois workers is what does "for cause" mean.  In our opinion it has to be a legitimate termination.  In other words, if you are let go for misconduct we probably can't help you.  But if you are let go because of the bad economy, a personality conflict, because you punched in five minutes late or anything else that seems to be about fairness not fault then we believe you are entitled to continued job injury benefits while you still have restrictions.

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

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