Workers Compensation Lawyer in Chicago, Illinois Work Injury Attorney

Every once in a while, we post a re-cap of the benefits you’re entitled to if you’re injured on the job in Illinois. The laws changed recently, so here is an updated overview:

Medical: Your medical bills should be covered 100% for an injury that arose out of and in the course of your employment. So anything that happens while working or doing something related to working should be covered. Illinois law changed recently and now allows employers to set up preferred provider networks (PPOs). This limits your choice of doctors more than before. Disputes often arise over medical care. It has to be relevant and necessary, and the insurance company might argue that you are asking for something (therapy, surgery) that is not necessary. If you can’t negotiate a solution, you can request a hearing.

Lost wages: If you are unable to work because of your injury, you are entitled to 2/3 of your average weekly wage; this is called TTD (temporary total disability). If you are able to do some work, but it pays less, you get 2/3 of the difference in wages; this is called wage differential. A worker can only receive wage differential benefits for five years or until they turn 67, whichever is later.

Permanent disability: If your injury is permanent, which you won’t know right away (or at least it won’t be agreed upon right away), you should get a settlement. Usually this is a lump sum paid to you by the insurance company. In exchange, they usually have you waive future medical benefits. This means that if your injury acts up years later, you can’t go back to them to pay for treatment. It’s all negotiable, and in some cases medical benefits are left open. There also are benefits available for scarring caused by an injury or illness.

There are other ancillary benefits, such as vocational rehabilitation, which helps you train and find another job if your injury prevents you from returning to your previous job or career. Note that in a work injury case, pain and suffering is not available, as it is in other types of injury cases. In cases where death results, benefits are available for the surviving spouse or minor children.

If someone from the insurance company tells you that you are not eligible for benefits or that your medical treatment is not necessary, don’t assume they are right. Their job is to save the insurance company money, not give it to you. In an ideal situation, your attorney should be the one talking with the insurance company. Insurance companies are known for taking advantage of unrepresented claimants.

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.

2/2/12

 

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

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

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

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

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

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

 

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

1/13/12

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

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

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

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

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

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

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

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

 

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

1/11/12

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

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

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

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

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

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

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

 

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

1/7/12

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

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

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

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

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

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

 

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

1/1/12

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When you’re hired for a job, your employer hires your whole self—warts and all.  So if you’re injured on the job, you should be able to receive workers’ compensation benefits to cover you, even if your prior medical conditions played a role in your current medical condition.

In one Illinois case, a teacher severely injured her knee at work while she was performing her job duties.  The accident required medical care and lost time at work.  What made this case more complicated, was the teacher’s medical history.  She had other medical conditions, which included surgery, and she had been taking blood-thinning medication.

For these reasons, the issue was raised whether or not workers’ compensation benefits should be available to cover the recent accident involving her knee.  Perhaps she would not have been so badly injured by this accident, had she not had the other medical factors coming into play as well.

But under Illinois workers’ compensation law, if your work injury was a cause of your current medical condition, then you should be covered and entitled to receive benefits to compensate you for your loss.  The fact that you may have been in a weakened condition, or otherwise more prone to injury, should not cut off your right to benefits. 

The significant question to answer, is whether your work accident made your medical condition worse, or made it degenerate faster than it would have otherwise.  If the answer to this is yes, then likely your current condition is covered.  If, though, your injury is just the result of the typical process your medical issues would ordinarily take, separate and apart from the recent accident, then you’re not likely to be entitled to workers’ compensation benefits.

For the teacher and her knee injury, she had several factors that may have contributed to the treatment she needed for her injury.  But after the accident she did have a significant increase in pain and swelling, and there was no other explanation for that other than the work accident.  For this reason, it was covered under workers’ compensation.

Employees are not expected to be in perfect health and fitness.  Each has his or her own conditions and limitations that are unique to the individual.  The workers’ compensation system was designed with this in mind, and therefore it does not necessarily penalize workers for prior injuries or conditions which may have made the current situation worse.

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.

12/12/11

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There are deadlines in Illinois workers’ compensation cases that can prevent you from getting benefits you may be entitled to, if you miss the time period.  First, you are required to notify your boss of your injury within 45 days.  And second, there is a statute of limitations, which is the time period that you have for bringing a claim regarding your injury and benefits.  Missing these deadlines may mean missing your chance to receive benefits for your injury.

If you work in a warehouse and a box fell on your back and injured you, then your deadlines are easy to figure out.  You can count the days from the date the box fell.  But if you injure your back day by day lifting boxes, then the date of your injury becomes much more blurry, and more difficult to be sure you don’t miss your chance to bring your claim.

The safest course is not to wait, and to notify your employer as soon as you think your job may have caused your developing injury.  You’ll want to see a doctor right away, and be sure to explain all of the facts of your situation:  what type of pain or sensations you are feeling, and when you first noticed it; what types of situations cause you to feel pain; what your job duties entail; and what other activities your are involved in.   Your medical records can help you to prove your workers’ compensation case, and of course, can help you get the necessary medical treatment.

Sometimes, though, you are not aware that the discomfort you are feeling is something that needs medical attention; or you might not associate the pain that has been escalating, with your job duties.  By the time you look back and realize that your repetitive movements at work have slowly hurt some part of your body, it may seem too late to do anything about it.

But for these types of repetitive trauma injuries, the clock should not start to count down on your notice and filing deadlines until the time that it should be fairly clear that you are injured and it was related to work.  You don’t have to stop working the minute you experience some pain, nor do you have to keep working until your body gives out, just so there would be a definite date of your injury.   The date can instead be pinned to the time when a reasonable employee would discover that that he or she is injured, and it was related to the job.  At that time, your periods of giving notice and bringing a claim would start to run.

Being aware of your body and the stress that it is under can benefit you in the long run—both in getting your medical treatment sooner to ensure a better recovery, and in starting a timely process to getting workers’ compensation benefits to pay for your recovery.

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.

 12/2/11

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

5.  Attorneys’ fees are set out by law.

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

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

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

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

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

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

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

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

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

Governor Quinn has appointed:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

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

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

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

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

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

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

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

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

Lawyer fees in Illinois work injury cases are limited to 20% of what you recover, but that usually excludes recovery for medical bills or your time off of work. That means that you won't pay for travel costs for hiring an attorney to represent you.

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

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

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

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

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

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

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

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

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

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Dealing with an injury is hard enough, but you should not have to worry that you’ll lose your job because of your workers’ compensation claim.  Even though it’s illegal to demote or fire a worker for bringing a workers’ compensation case, unfortunately it does happen. 

That’s why Illinois law protects injured workers by allowing them to bring an additional case for illegal termination.  These cases are significant, because you can ask for punitive damages against the employer, and the amount of money involved can be quite high.  Punitive damages both punish the employer for interfering with your workers’ compensation rights, and they attempt to deter other employers from doing the same.

Recently an injured worker in southern Illinois sued his employer for illegally terminating him because of his workers’ compensation case.  He was awarded $4.2 million in damages, which included $3.6 million in punitive damages.  In his case, he said that the company had retaliated against him for exercising his right to benefits for medical treatment.  He sued for his lost income, benefits, his emotional distress, in addition to punitive damages.

At the end of the case, the jury seemed to agree with the worker, that he had been deliberately fired because of his workers’ compensation claim.  The jury’s decision to award him significant punitive damages, likely lets other employers know that Illinois law is in the workers’ corner, protecting them from this kind of abuse of the workers’ rights to workers’ compensation benefits.

Not every case is necessarily going to be worth that much money in damages.  And proving that you were fired because of your workers’ compensation case is not always easy.  You have to be able to show more than just that your were fired after you filed your claim.  You need evidence that shows that your workers’ compensation case was the reason you were fired.  But employers cannot hide behind some false reason, if the facts show that it was just meant to hide that you were really fired for your workers’ compensation case.

The message to employers is clear.  Illinois law protects injured workers and their right to workers’ compensation benefits for their injuries 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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It is not necessarily a cause for despair if your employer tells you that you are not covered under workers’ compensation insurance.  Possibly you’re being told that because the company is not following the law, and they don’t have insurance.  Or possibly you’re being told that to discourage you from making a claim.  Either way, you do not necessarily have to accept that there won’t be benefits for your claim, if you are an employee who was injured on the job.

1.  Your employer does not have insurance.

Most employers are required by law to have workers’ compensation insurance.  In fact, the penalties for not complying can be quite hefty.   An employer can be charged with a felony for not providing workers’ compensation coverage, and can be assessed large fines. 

Also, if a misguided employer thinks that not having insurance can save money, it does not.  In addition to the serious legal consequences of not covering an employee, the employer is also still responsible for paying for your injury.  Without the benefit of insurance protection, your employer will still have to pay for your medical bills, your TTD benefits for lost wages when you were off of work, and your PPD benefits for the permanent impact your injury has caused you.

If you have been told that there’s no insurance, you can go to www.ewccv.com/cvs to verify whether this is correct or not.  If they do not have insurance, you need to report them to the Illinois Workers’ Compensation Commission, so they can take further action if necessary.

2.  Your employer does have insurance, but is discouraging you from accessing benefits.

Your employer may tell you that there is no insurance, even thought there is, so that you won’t make a claim.  Perhaps he or she doesn’t think that you will realize that they are required to provide coverage. 

Your employer may subtly or not so subtly make your feel your job could be at risk if you claim workers’ compensation benefits.  It is actually a violation of Illinois law to discriminate against an employee in any way for exercising a right to claim workers’ compensation benefits.

Or your employer may tell you that you are not entitled to workers’ compensation benefits because you are an independent contractor and not an employee.  If this classification is accurate, then your employer is correct.  But employers can incorrectly convince employees that they are independent contractors, so they can avoid paying benefits.  You don’t have to just accept that you’re not an employee, if you believe you are. 

All of these situations can be difficult and stressful.  If you are facing this issue, please contact us and we would be happy to answer any of your questions.

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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Most employers are normal people like you and me.  But every now and then you come across one that makes you question how they look themselves in the mirror every day.

Long story short is a downstate painting company hired a college kid for cash and provided him no job training.  He ends up on a scaffold and gets electrocuted and dies because he gets absolutely no training.

The owners of the company tell the family that they are really sorry, but since they were paying cash he's not an employee.  Apparently someone told them that if he's not an employee they could be sued for negligence so they then call the family back and say, by George he was an employee.  But of course they knew that he died without a wife or kids so all that could be gained is the medical bills and funeral costs.

I referred them to an Illinois wrongful death lawyer and I hope they take this company to the cleaners.  The first thing this company did was figure out how to cover their own ass.  They were ripping off the Government by paying the kid cash, they failed to train the kid and as a result he died.  And when the company realizes that their initial lies might cost them, they make up another bunch of lies.

We'll see how this one turns out, but I don't that I'll ever have a case where I'm rooting this much for a verdict against the wrong doer.  If karma exists, they'll get nailed.

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 someone who hurt their neck and called us for a Glenview workers' compensation attorney.  She was very panicked at the initial call because she felt her case was unique.

Every case is unique in that no two cases are exactly alike, but it's only once in a blue moon that we hear facts that are so unique that it makes the case difficult to handle.

I won't get in to too many details about our client, but the general gist is that she's worked at the same place for a long time and her boss was pressuring her to lie to the doctor and state that her injury was not work related.  She was smart enough not to do that, but did pay for some medical treatment out of her own pocket.  That's not a huge issue as I'm confident we'll get her reimbursed for those expenses.

The point is that if you are an attorney who handles only (or almost only) work injury cases, there rarely is a situation you haven't seen before.  And we created our network of like minded attorneys throughout the state to make sure that no matter who contacts us, we aren't reinventing the wheel so to speak.  If we recommend a lawyer for you, we believe in that person and their abilities.  When the rare occasion occurs that a situation stumps us, having a large group of lawyers to discuss the facts with allows us to provide better representation.

So please relax and don't panic.  You may have a hard case or some hurdles to overcome, but the odds are that you are not dealing with a situation that hasn't been dealt with before successfully.  And if you are that one unusual person with unique facts, it's all the better because those are exciting cases for a lawyer.

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

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If the answer to this question is “yes,” then your employer is responsible for your workers’ compensation benefits if you’re injured at work.  But if you are an independent contractor, then you’re on your own.

So it’s not so surprising that many times employers will try to incorrectly label their workers as independent contractors to avoid workers’ compensation responsibility.  But your employer can call you whatever he wants to, and that won’t make it so.  If you’re really an employee in practice, a different label put on your employment status won’t change that. 

What makes you an employee so that your employer’s insurance will cover your workers’ compensation claims?  Look at the facts of your employment—how you do what you do and how it relates to the company, not what you’re called. 

The most important fact in Illinois cases, is whether your employer controls your workday and how you get your work done.  Are you told when and where to work, and what process you have to use to accomplish your work duties?  Other facts are looked at also.  Do you use your employer’s equipment and materials?  How are you paid?  Are taxes withheld from your paycheck?

On the other hand, if you’re an independent contractor, the end result that is accomplished is more significant to your employer than how or when you got it done.  You control your own schedule and you control how you’re getting your work done.  Your employer is interested in the results of your work and not necessarily the process.  Also, you likely will be paid hourly for your work.

Since the reality of which kind of worker you are is so fact specific, employers may try to slap a label on you and skew the facts to fit the label.  The same job can often be done as an independent contractor and as an employee, so the facts of your specific situation have to be looked at.

For example, if your job is making deliveries for a company in Orland Park (as a recent caller does), you could be an employee if the company tells you what hours to work; schedules your route for you, provides the vehicle; and pays you a salary.  But if you are given a list of who to deliver to each day, and you can control how you get those deliveries done, and you’re using your own car and being paid by the hour or by the delivery, you could be an independent contractor.

Regardless of what your employer calls you, if you are functioning as an employee then your status doesn’t change, and your right to your employers’ workers’ compensation insurance doesn’t change either.  And don’t take their word for it if they tell you that you are not an employee.  Speak with a qualified Illinois workers’ compensation attorney.  It’s free and will give you peace of 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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A reader asked us this question recently, wanting to know what happens to his workers’ compensation benefits if he quits his job.  That’s a great question, and even better that he asked the question first, before quitting the job.  Timing is everything in life, so it’s great to first consider the consequences of the timing of leaving your job while your workers’ compensation case is still ongoing.

The bottom line is that if you leave, some things may change and some remain the same.  It depends on the type of benefit you’re receiving, and what kind of claim you have.

Medical benefits are not affected by your employment status.  Those payments are reimbursement for the medical care that you needed in order to recover from your injury.  So whether you’re working or not, or for whom you’re working, it won’t affect your right to medical coverage. 

Similarly, if your injury is permanent and keeps you from working at all, then even if you quit your job you are entitled to the benefits for that loss.  Also, if your injury is permanent and you are entitled to permanent partial disability benefits (PPD), you will still receive those benefits at the end of your case, once it is determined the amount you have been reduced in your ability to work.

Some other benefits, though can be affected by your leaving your job.  While you are recovering from your injury, if you are not able to perform your original job, and have been given medical restrictions, you could receive temporary total disability benefits (TTD).  These benefits include compensation for lost wages because you are not able to work up to your full capacity. 

But if you leave your job during this period that you could receive TTD, you could lose or hinder those benefits.  If your employer is able to find work for you that accommodates your medical restrictions, but you are not working there anymore, there’s a good argument for the employer not being responsible for those payments.

Also, in general, when if you’re looking at a settlement for your case, you can affect the value of what you could get for your claim by not working.  In the case of a larger injury, the amount lost could be substantial.

Though you won’t completely lose your right to workers’ compensation benefits if you leave your job, it is best to hang in there if you can, until we can fully evaluate the details of 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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We were contacted recently by a worker who was going through a difficult situation that was made even worse.  He was injured on the job and couldn’t work, and was getting advice from his lawyer that didn’t make sense.  While he should have been receiving regular disability benefits for his lost wages, he wasn’t.  And his lawyer was telling him to wait for a lump sum payment.  Meanwhile, the man was running out of money.

Turns out, the lawyer was not someone who generally handled Illinois workers’ compensation cases, which likely accounts for the odd information the worker was getting.  If the lawyer had been more experienced in the workings of the system, he would have known that this worker was entitled to receive temporary total disability benefits (TTD) for his time off work, and he did not have to wait to get the payments started.

TTD in Illinois workers’ compensation allows for workers injured on the job to get a regular benefit check to compensate for the lost wages from the injury.  So if you’re unable to work, or you have to work with restrictions that can’t be accommodated because of your injury, you are entitled to receive TTD benefits.  The amount of your check will generally be based on 2/3 of the amount of your average weekly wage if you’re unable to work. 

Since these benefits are meant to compensate you during this period that you can’t earn what you could previously, then it would not make sense for you to have to wait for the payments to start.  If you’re not getting the benefits you’re entitled to, then your lawyer can request a hearing to get the compensation started. 

Even lawyers that are very skilled in certain areas may not be experienced enough in handling workers’ compensation cases in Illinois, to fully protect your rights.  Your financial loss during a tough time after an injury is too important and timely to have a lawyer who is learning as he or she goes along, about the practice of workplace injuries.

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

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If your work injury leaves you with a scar, or multiple scars, you can be compensated for the fact that your injury has affected you this way. It depends on the severity, the permanency and where the scar located is on your body.

Generally, compensation is available for serious and permanent scars that appear on the hand, head, face, neck, arm and leg (below the knee) or chest (above the breast line). Basically, if your scar is visible when you are wearing knee-length shorts and a v-neck t-shirt, you should qualify for compensation.

The compensation for scarring and disfigurement is usually in the form of a settlement, which is a lump sum that is negotiated between the injured worker and their employer’s insurance company. Negotiations generally take place at least six months after the date of the employee’s injury so that it can be determined whether the scarring is in fact considered “permanent” under the law.

It’s difficult to state any hard and fast rules on how much a scar is worth, since each is different. How much this type of injury is worth can be very subjective. The type of scar, as well as its location, can make a difference. For example, a raised scar may be worth more than one that is not raised. Permanent scarring on the face is generally considered the most serious and results in the most compensation.

In some situations, an injured worker may be able to get compensation for scarring, as well as compensation in the form of other benefits. Other times, only one or the other is available. It can be helpful to have an attorney with experience in scarring and disfigurement cases in order to fully understand your options. The bottom line is that you can, and should, get workers’ compensation for serious, permanent and visible scars caused by a work injury.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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One of the most common questions we get is, "Does the insurance company have to pay me for the gas money I use going to and from my doctor appointments?"

It's a great question that has somewhat of a gray area answer.  I understand why people would want this paid.  When you are seeing the doctor a lot, especially for those of you in physical therapy, it can cost a lot to make all of those visits.  This is especially true for our clients that are in central and southern Illinois or other rural areas where there aren't a lot of choices.

So, is this expense reimbursable?

If you can show that travel to an out of town doctor is necessary because the type of treatment you need isn't available in your local area then you have a shot at it.  In a recent case at the Illinois Workers' Compensation Commission, a worker won benefits because she had to travel more than 40 miles to see an expert.  This was someone who lived in a remote area and traveled to Mt. Vernon.  There was no orthopedic doctor in her area that was an option.

Interestingly enough, in the same case the injured worker was denied expense for travel to get a MRI and physical therapy.  Although she had the right to choose facilities that were farther away, there were places she could have received this treatment much closer to where she lives.

The biggest problem in these cases is that most insurance companies won't voluntarily pay these expenses.  Many lawyers are too lazy to file a trial motion over this issue or don't deem it worth it.  We handle it on a case by case basis, but will usually at least file a penalties petition to put some pressure on the insurance company to do the right thing.

As a worker, you should make sure to keep accurate records of every trip to and from your doctor if you wish to claim a reimbursement.

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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Maybe there is something in the air lately, but in the last few days I've received two phone calls from workers who had settled their cases and wanted to re-open them because their injuries have gotten worse.

Unfortunately you can't do that.  Insurance companies have no motivation to settle a claim other than to know that it puts the case to bed.  Forever.  If your injury bothers you in the future that is your problem and your problem alone. 

It doesn't matter if you didn't know your rights or if things have gotten way worse and you have nowhere to turn to.  Unless a new injury has taken place you are out of luck.

So the moral of the story is that if you don't want to close your medical rights as relate to your claim, don't settle.  If you go to Arbitration and win, you will keep your medical rights (typically) for life as relates to that old injury.

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 caveat that most Illinois work comp law firms are run by honest people, allegedly one near Rock Island isn't. 

A caller claimed to me that this person was handling his workers' compensation claim and was taking out taxes from the payments he was getting.

I looked up this attorney at the ARDC which is the disciplinary commission for IL attorneys.  Surprise, he's being investigated for fraud!

Either way, there are no taxes on workers' compensation benefits.  No state taxes and no Federal taxes.  When you settle your case you should get a nice pink contract.  You can hold on to that forever as proof that the money you received is tax free.

This is probably the worst thing I've ever heard a lawyer being accused of.  Part of me thinks the client must have been confused and that the lawyer was just really taking 20% of the TTD checks.  Technically that is allowed although we only do it typically if we go to trial to get it and we certainly don't take 20% of future TTD benefits.

Big picture since I can't imagine many if any attorneys are saying there are taxes on work comp cases, don't hire a lawyer with a bad disciplinary history and don't hire someone that doesn't primarily handle work injury claims.

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 recently injured worker contacted me and it was clear right away that he was doing two things:  1. Shopping around.  2. Fishing for how much his case was worth.

He had injured his back two days prior and it sounded like he had a herniated disc, but it wasn't clear.  I told him that it was way too soon to tell him what the case was worth because we had no idea the extent of his injury and how this would effect him.  All true.  I also mentioned that it's important to think long term and focus on your health because nothing is more important.  Also true.

Well he clearly didn't like that philosophy because a Waukegan workers compensation lawyer told him that the case was worth at least $100,000.00.  Ha!!!

Maybe the case will be worth that much, maybe it will be worth less, maybe much more.  Who knows?  It's literally impossible to tell someone two days after an injury what the case will ultimately be worth.

Scumbags like this alleged Lake County work injury attorney will lie to clients in order to get them to sign up.  It usually blows up in their face when the client won't settle down the road when the actual value ends up being way less than promised.

Needless to say, we weren't hired and it's probably a good thing.  If you are more worried 48 hours after an accident about how much money you can make instead of how you can get better, we are probably not the right attorney 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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If you are injured at work, or while doing something work-related, you are most likely eligible for workers’ compensation benefits. In Illinois, most employers are required to carry workers’ comp insurance and the majority of workers are covered.

Your employer’s workers’ compensation insurance should pay for all medical bills that are necessary and related to your work injury. These should be covered 100%, with no co-pays or out-of-pocket expenses. You should be covered for the initial treatment after the injury, any ongoing care or treatment (like physical therapy or medication), and even surgery. In Illinois, injured workers can choose their own doctor.

If you are unable to work, either because you are severely injured or because your doctor gives you work restrictions that your employer can’t accommodate, you are entitled to payment of a portion of your lost wages during that time. The amount of these payments is 2/3 of your average weekly wage, calculated by looking at your wages for the 52 weeks prior to your injury.

If your injury is permanent, you may receive permanent disability payments. The amount is different in each case and is usually negotiated between your attorney and the insurer.

There is a general rule that you cannot sue your employer for a work injury. However, if a third party is at fault, you may be able to sue them. It’s called a third-party lawsuit. Another aspect of workers’ comp is that you cannot get punitive damages or payments for pain and suffering. However, if your employer wrongfully denies you benefits, they may be required to pay you a penalty.

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 read my blog, you will see that we talk a lot about being honest as the number thing you should do in a claim.  That applies for the lawyers too.

There are a handful of law firms in town that have referral agreements with doctors.  Basically the doctors tell the patients who to hire and the lawyers tell the client who to treat with.  It doesn't matter the doctor who the best lawyer might be for their patient and it doesn't matter to the lawyer who the best doctor might be for the client.

There is technically nothing illegal about this, but my personal opinion is that it is really unethical, especially on part of the lawyers.  Imagine if you find yourself on a witness stand and the insurance company attorney asks you what made you see the doctor you chose.  If the answer is that your lawyer told you to, it could hurt your case.  The same holds true if the doctor is giving a deposition in your case and testifies under oath that he and the attorney refer clients to each other all of the time.  It just doesn't pass the smell test.

What inspired me to write this story was a recent call I had.  Seems that a law firm settled a case for a client, but screwed up by not getting all of the medical bills paid.  The client was left with around $15,000 after lawyer fees, but before she got the check, the attorney told her that the doctor was owed almost $10,000 and was placing a lien on the settlement.

The lawyer went on to scream at the client that "how dare you not pay this great doctor" and "I can't believe you are trying to screw him."

If you hadn't guessed, the client ended up at the doctor because according to her, the attorney said she had no choice.  At that point in time the attorney was only worried about protecting a relationship with a referral source, not about what was best for the client or the right thing to do.  And by the way, there are no liens in Illinois workers' compensation so that was a lie by the lawyer too. 

It was the attorney's job to make sure all of the bills were paid in this case.  They failed and then tried to cover their backside with lies and threats.  It's shameful. 

And like I said in the beginning, if people would just be honest from the get-go, everything would work out great.

On a side note, I get approached by doctors, physical therapists and chiropractors about once a week with requests to join forces in some manner.  I reject these requests every time.  I don't think there is anything wrong with a lawyer suggesting a doctor, but when they try to direct your care it's a big problem that can only be solved if they grow a conscience.

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 Application for Adjustment of Claim is the official paperwork that you file with the Illinois Workers’ Compensation Commission in order to begin your claim and is typically prepared by a lawyer. The application is a form, and it is the same for every type of injury. The deadline for filing your claim is three years from the date of your injury or two years from the date you last received benefits, whichever is later. If you miss the deadline, you may not have another chance.

Claims are filed with the Chicago office, which is the main office of the commission. There is no filing fee. Next, your claim will be assigned to an arbitrator at a specific location, which is based on where the injury occurred (not necessarily where you live). Every case, regardless of the facts, is assigned to an arbitrator who will make decisions on your claim if there are any disputes.

Some people don’t file a claim because they begin receiving benefits right away and think they don’t need to bother. You should file a claim anyway. If there is a dispute down the road, having a claim on file will speed things up. If you stop getting benefits for no reason (it happens), then you can ask an arbitrator for a hearing without first waiting for your claim to go through.

Although we recommend filing your application right away, it’s not the only step you need to take. You also need to notify your employer of your injury within 45 days. So tell your supervisor, and put it in writing, as soon as you can. Also, you should get the medical treatment you need. Both of these steps – notifying your employer and seeing a doctor – are key in protecting your claim. If you delay too long or skip these steps altogether, your claim can be denied. The sooner you get things rolling the easier it is to prove that your injury was caused by your job and not some outside activity.

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 me the following, but unfortunately didn't give a phone number and her e-mail did not work.  So if this was you and you have questions after reading my response, please call me at (312) 346-5578.

 I was injured in a car accident while on the job.  I have
been on light duty for 4 months and I just recently went to the
orthopedic. The doctor told me I had 1 month to get better. He set up
therapy for me. Can someone give you a time period to get better and
can workers comp stop paying for my medical expenses? Please help me
with this situation. Also should I get an attorney.

The answer is not, you can't be given a time limit to get better and it's odd that the doctor would be the one to imply that you can.  Maybe he meant that if you aren't better in one month that you'd be as good as you are going to get. 

Certainly the insurance company can't limit how long you have to treat just because they think you should be better by now.  I question if this is a doctor that they chose?

Either way, if you are concerned about this doctor, you probably have the right to a second opinion and should exercise that right as soon as possible.  It certainly sounds like they should get an attorney because this one definitely doesn't pass the smell test.

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 a fan of the NFL, you may know that the owners have locked out the players.  Basically it means that there is no contact between either of them.  This includes no coaching or training at the team facilities. 

In addition, the NFL has canceled the health insurance of their players.  I have heard some alleged experts gripe about how unfair this is because "injured players won't be able to get treatment for their problems."  This would certainly be unfair if it was true.

Even with the lockout, teams can't take away rights under workers' compensation laws.  if you are a Bears fan, you know that Jay Cutler hurt his knee in the last game of the year.  The Bears will have to pay 100% of his medical bills at a doctor of his choosing.  Even if he was seeing the team doctor, they'd still have to pay for it and allow that visit.

The same would be true for you or me if we got hurt on our jobs and were then fired our locked out.  Nobody can take away your rights, even if the business closes.

So other than the millions of dollars, celebrity and fame, you and I are just like NFL players, at least when it comes to Illinois workers' compensation rights.

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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Recently we were asked a question by a reader who wanted to know if he could file his workers’ compensation claim here in Illinois. He lives in Illinois and was injured on the job in Illinois, but his employer is located in Texas. To further complicate the matter, he signed a contract at the time of his employment, which said that any workers’ compensation claim he may have would be handled in Texas.

The answer is: yes—if you are injured in Illinois, you can file a workers’ compensation claim in Illinois. The location of the injury gives you a choice of bringing the case in the Illinois system, regardless of the company’s physical location, or any other factors about where the company does business.

 

Even though the worker seemed to give away his right to bring a claim anywhere but Texas, in practice he is not able to do this. No employer is able to get you to waive your Illinois workers’ compensation rights. If you have been injured in Illinois, you have workers’ compensation rights in Illinois. The only way to end those rights is through a settlement which is approved by an Arbitrator, and not by an agreement with anyone else.

 

This reader’s question is also about more than just the convenience of filing in his home state. If he files his claim in Texas instead of Illinois, he could have a lot to lose. Texas is a terrible state for injured workers. On the other hand, Illinois is considered a very worker-friendly state for workers’ compensation.

 

But even if that weren't the case, the bottom line is that as a worker your rights can't be taken away by the employer.  It is good to know that no matter what anyone else says, the protections of the law are there 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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It’s generally the rule under Illinois workers’ compensation law, that in order to receive benefits, you need to cooperate with all reasonable medical treatment that has been recommended. If your doctor suggests a treatment or therapy plan, and you don’t follow it, your benefits could be suspended or terminated.

Surgery, though, is looked at differently under Illinois law, and gives workers more freedom to just say “no.”

 

The ability to reasonably refuse surgery is unique in the world of workers’ compensation. Because usually under the system you put your benefits at risk not only for failing to follow a medical plan, but also for doing things that make your health worse. These are called “injurious practices.”

 

One example of an injurious practice is smoking, which has been known to cause surgeries like lumbar fusion to fail, in addition to all the other health risks. An Arbitrator may tell you that as long as you are still smoking, your benefits will stop.

 

A lot of times surgery is the only chance that a worker can get better and recover from an injury.   To the insurance company, it seems clear—no choice about it: you have the surgery and have a chance to return to work, or else they shouldn’t have to continue to pay.

 

But Illinois law has said that even if there is an additional cost to the insurer if the worker doesn’t have the surgery, that’s not a reason to deny benefits. As long as refusing the surgery is reasonable, your benefits shouldn’t be affected.

 

Because surgery is an invasive procedure, if you are fearful to do it, that’s generally enough to show your decision is reasonable. Whether it’s fear of the procedure itself, or the possible outcomes of the surgery, workers are usually given a lot of freedom to have their own beliefs and fears about it. 

 

If your choice about surgery is made in bad faith, that may be viewed differently. But otherwise, you should not have to give a medical or scientific argument about what harm might come to you from the surgery in order to keep your benefits. 

 

Even where there could be serious harmful consequences in refusing the surgery, your decision not to have it can still be reasonable, even if it is based on fear of the procedure. You cannot generally be forced to choose between surgery and workers’ compensation benefits.

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

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In life, who you know is often more important than what you know.  I will never forget my first workers' compensation trial months out of law school.  The Arbitrator didn't know who I was, but was clearly pals with my opponent.  The facts were on my side, but we lost due to their relationship.

Years later I tried a very similar case in front of the same Arbitrator who by then knew me well.  I of course won that time because he wasn't doing a favor for his buddy against someone he didn't know.

Knowing the Arbitrator is important for any type of case.  If you are hurt in Cook County it's impossible to predict who the Arbitrator will be because there are so many that could be randomly assigned.  In the suburbs and downstate there are usually just one choice and you know ahead of time who it will be.

Joliet used to have two Arbitrators and they were very different from each other.  Now there is just one Arbitrator and she has been around for a long time.  In fact her husband is a workers' compensation attorney as well.

If her husband doesn't like you, I don't think that bodes well for you.   Same if she doesn't know you or like you.  Her husband can't handle cases assigned before her, but many of his friends do. 

I've appeared before this Judge, but not for a long time and I don't know her husband.  But I do know the attorneys that know them well and while that won't guarantee a result, I do believe that if all things are equal it can make a huge difference.

The bottom line is that whether you need a Joliet workers' compensation attorney or one in Decatur, Rock Island or anywhere else, before hiring an attorney you should ask them what they know about the Arbitrator and how often they appear before them.  Failure to do that could ruin 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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Chances are if you are unhappy with how your Illinois Workers’ Compensation attorney is handling your case, it may be because they should not have taken on your case in the first place. Most attorneys are well-intentioned, but if they take on every case that comes in the door, they may not be serving the clients well. We will not represent everyone that comes to us, and in particular there are two scenarios where we are not the right fit for you.

1. If your injuries are minor, relatively speaking, your case is not one for us. Most minor injuries, like contusions and finger sprains, are fairly easy to treat, and also fairly easy to have the bills paid by the insurance company. 

 

Our resources, on the other hand, are better devoted to workers with injuries that are more significant and who really need our help and our protection. These injuries are the kind that can affect a person’s health and/or employment for the rest of their lives. Taking all the proper and timely steps could be essential to their case. Our time and resources are well-placed helping people in those situations. We don’t want to be spread too thin to the point where our client is not getting what they need from us. 

 

2. If someone wants to try to exaggerate or fake a claim, we are also not the right attorney. While most attorneys are honest and will not represent a client that they know is a liar, some attorneys don’t necessarily care about honesty. 

 

The workers’ compensation system is so critical to helping injured workers, that it is important to try to prevent the small number of dishonest workers from casting a shadow of doubt over the whole system which is mostly good and trustworthy. We will not represent a client if we believe he or she is not being truthful. And if we discover along the way that a client is lying about something, we will not continue the representation.

 

By representing clients that we trust, and who are trusting us to help them through a serious and difficult time in their lives, we are able to form the most successful partnership together in pursuing their workers’ compensation cases.  Also, if we (or any other lawyer) represents a liar and gets the reputation for helping clients who aren't honest, it will hurt the clients who really are injured and need help.

 

Please don't let this post discourage you from contacting us.  We just want to be clear that we won't take every case and that it is  for the benefit of the clients we do represent.

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

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It is a felony to not carry workers'  compensation insurance.  That said, a restaurant in the same building as the Illinois Workers' Compensation Commission headquarters did just that.  In the end, it cost them their business.  The following is a press release from the Chairman of the Commission:

On January 4, 2011, the IWCC shut down Steak and Fries, located right in the same building as IWCC offices: 100 W. Randolph St., Chicago

The IWCC gave the employer every opportunity to comply with the law before shutting the restaurant down. The IWCC first brought an enforcement action in March 2009. The owner secured insurance in April and agreed to pay a fine of $15,000. He failed to pay all of the fine, however, and the next April, he failed to pay the insurance premium.

Uninsured employers are deemed a serious threat to public safety and welfare, and the law authorizes the Commission to shut such employers down.

Thanks to Insurance Compliance Division staff for their efforts to make work more safe for workers and the business environment more fair for employers.

So while some bad employers will continue to break the law, it's good to know that when they are caught, there is someone to stand up to them.  Usually it just takes a courageous employee to get things started.

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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Some work injuries are so severe, that even after receiving medical treatment or hospitalization, you are still not able to live at home without some help. The range of services needed at home is large, and can include everything from housekeeping help to specialized nursing care. Illinois Workers’ Compensation law allows for some of these expenses to be reimbursed, however it is a much more difficult argument to make when it is a spouse providing those services.

More leniency is allowed for compensating home health care services when someone other than a spouse is involved. A husband or wife is the logical person to help, and is likely who you would be most comfortable with. However, benefits are generally not allowed to be paid for a spouse’s care, unless the services being provided are more specialized than what can be considered “housekeeping services.”

 

The reasoning is that spouses “obligate” themselves to help one another in times of sickness and health, so essentially they are just doing what they are otherwise bound to do, and should not receive workers’ compensation benefits for it. Some examples of tasks that have typically been considered noncompensable household duties are: shopping, preparing meals, cleaning, and laundry. Spouses are performing these services for each other, because of their relationship.

On the other hand, if the services are more nursing in nature, then they are more likely to be compensable. Some of those tasks would typically include bathing and other bathroom and sanitary functions, administering of medication and treatments, pain relief, and therapies.   Where the nature of the injury itself requires certain specific care protocol, it is more likely to be considered compensable services and not “ordinary” home care. 

 

Even where compensation is allowed for the spouse for home health care, the amount of the pay varies. It can largely depend on the skill and training the spouse has, and whether he or she is licensed in the particular area, such as a nurse, therapist, or dietician. If the spouse has specialized training and is performing services in line with that training, the pay will likely be what that profession would pay for any other job. 

 

When a work injury has left you unable to care for yourself at home without help, workers’ compensation law can provide benefits for that help. Who is performing the services, and what the duties are will tell the rest of the story.

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 worker who had been recovering from an injury contacted us, wanting to know whose doctor has the final say about returning to work full time. His doctor said he was authorized off of work and needed more treatment.  The insurance company IME doctor said he was fine and could return to work with no more treatment.

In short, neither physician is able to make a final, definitive ruling regarding the state of your injury. The arbitrator hearing your case has that ultimate responsibility. However the arbitrator, in order to make a properly-informed and reasoned decision, will weigh the findings and opinions of the physicians’ records, and also the credibility of the physicians themselves.

The reputations of the doctors will likely come into play in evaluating the credibility of their findings. Some doctors are known for routinely denying causation or injury. Others enjoy better reputations, and therefore are more likely to have the arbitrator defer to their judgment. More information regarding the specifics of each of the doctors involved is needed, therefore, to be able to answer the question as to which will be more relied upon by the arbitrator.  You would be surprised how many times someone calls us to complain about an IME doc and we are able to guess who it is based on what the doctor said.  Plain and simple, many of these doctors are just hired guns who everyone knows will favor the insurance company.

 

There are some precautions you can take to better position yourself and your treating physician’s findings, such as care in physician selection. When your insurance company is choosing a doctor for a Section 12 Independent Medical Examination, this so-called “independent” physician is likely a specialist in the particular area of concern. The experience in the specialized medical area could be given more weight by the arbitrator, than your doctor’s experience if he or she is an internist or a primary care physician. For example, if you have a shoulder injury, you would be better served by being treated by a specialist, because I can virtually assure you that your insurance company hired an orthopedist to examine you.

 

If you have had a denial of medical care based upon a Section 12 examination report, you likely need to consult an attorney to help you overcome this problem regarding conflicting opinions of “experts.”  The best thing an attorney can do is get your case ready for trial and show the Arbitrator that your physician is credible and there's is not.

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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Without naming names, there are a handful of workers compensation attorneys in Illinois that have a reputation for "settling short."  This basically means that they will tell their client to settle the case even when they know the claim is worth more money?

Why do they do this?  Our belief is that these firms feel that it's easier and thus better to get a case in and out the door rather than do the hard work to actually get a good result for the client.  Or they are just lazy.

Sometimes there laziness only costs their clients a couple of thousand dollars.  Other times it leads to tragedy. 

We won't name names, but a Peoria workers' compensation lawyer who is notorious for selling out his clients told one client who had a major injury to settle the case for $55,000.  The client couldn't return to work and realized that this amount just didn't seem right.  He came to us for help and we recommended a central Illinois law firm that is known for fighting for their clients.

Not too many months later after getting the case ready for trial and making the best case possible, the new lawyer we suggested was able to resolve the case for $250,000.00, almost a $200,000.00 improvement.

Of course this doesn't always happen, but it happens way more than it should.  It's not easy to find a new lawyer if your current one isn't doing the job and a settlement offer has already been made.  Quite honestly it's best to switch before an offer has been given to you as more lawyers will consider your case.  But no matter what happens, if the settlement just seems too low for what you've gone through, don't be afraid to ask around.  Usually when other attorneys hear who is representing you they can tell you if you have someone who is reputable or not.

The crazy thing is that the lazy lawyer lost almost $40,000 in attorney fees that could have been easily had if they just did the right thing.

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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After a work-related injury, it is comforting to know that you can still have some choice as to which doctors you see, even while receiving workers’ compensation benefits. But, like anything in life, there are limits to this freedom of choice.

Illinois Workers’ Compensation law allows an injured worker to receive benefits for the medical services of two physicians of choice, in addition to emergency and first aid treatment. This means that the insurance company should pay for the visits to a doctor you choose, and also for others to which that doctor may refer you, in the same chain of referral. You are then able to pick another doctor, who can also refer you to others. 

 

Once, however, you have had your two picks, you are not able to receive benefits for a physician of your choosing, unless the insurance company agrees to your selection.  

 

There are some gray areas, though where it may seem as if it is the employee’s choice of doctor, but the employer actually has a hand in it. In these cases, often it can be held that the employer’s involvement made it their choice, and preserved one of the two choice options for the employee.

Recently, the Illinois Workers’ Compensation Commission looked at such a situation, and found that the employer had intervened in the choice. The employee had gone to see his doctor, and was referred to another for further examination. After that, the employer’s nurse case manager recommended another doctor, who the employee saw voluntarily. When the employee later saw another doctor that he chose himself, there was a dispute about whether that was a third choice that the employer would not be responsible for. 

 

In fact, according to the Illinois Commission, the involvement of the nurse case manager in scheduling and going along on the appointment, kept it from being counted as one of the employee’s two choices. Also of note to the Commission, was the fact that the employee was not represented by an attorney at the time of this physician referral and visit.

 

Seeking treatment for your work injuries in a proper and timely manner can be critical both to your medical treatment and to your ability to recover the medical expenses. Being able to choose your own physicians, within the scope of the Illinois law, can help that process along while also helping your comfort level.

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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Getting in and out of a car is something we do many times each day, but in some situations you can be entitled to workers’ compensation benefits for an injuring yourself doing just that.  Frequently we are asked about situations like this--whether a seemingly ordinary activity can actually “arise out of employment” to trigger benefits.

In a recent case, a police officer injured her knee and required surgery, when she heard it pop while getting out of her squad car.  This may seem like an activity that most people, including the officer herself, would do in the course of their typical day, and not be connected specifically with employment.  But this case shows that you have to look at the particular facts of the situation, to decide if you may be entitled to benefits for an employment injury or accident.  Certain extra facts can change the activity from a neutral activity to an employment-related activity.

 The arbitrator in the police officer’s case determined that the extra facts made the case different than the general public getting in and out of a car, and different than the officer herself getting in and out of her family car when she was not on duty.  Her work duties required her to wear a uniform that included a 30-pound gun belt with accessories, a large radio, and a protective vest. Performing her job meant that she got in and out of the squad car about 40 times each day, while wearing the heavy and bulky uniform.  These details were enough for her knee injury to have arisen out of her employment and entitled her to collect Illinois workers’ compensation benefits.

These types of cases are clearly very fact-specific, which is why talking to an attorney to evaluate whether you have a claim is so important.  A situation that may seem ordinary and not employment based, may in fact be determined to be potentially compensable when scrutinized by an attorney. 

 If you were injured because of something you would have been exposed to with out without your employment you may not have a claim.  Also, if the injury resulted from a risk that was specific to you personally and not specific to your job, you likewise may not have a claim.  The turning point may be those extra facts, like the bulky, heavy police uniform, that change your injury from personal to compensable under Illinois workers’ compensation.

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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Winning and losing when it comes to lawsuits is not as easy to measure as many people may think.  Most court cases don’t go all the way to a trial and aren’t decided by a pronouncement from the judge.  Settlement is the most frequent outcome in litigation.  A “sure thing” with a positive result is often times preferable to “rolling the dice” after a long trial with an uncertain outcome.

So how do you know if the settlement your attorney is recommending can really be considered a win for you?   You have to have a hardworking, experienced lawyer working for you, and then you can have confidence you’re getting the most out of your settlement that’s available.

We were proud of one settlement recently, which showed just how variable an outcome can be without the right lawyer working for you.  A client came to us after his prior attorney had attempted to settle his case.  The attorney told him the offer was $20,000, and that was the best that could be done. 

Well, it turned out that $20,000 was only the best that could be done without putting the work into the case that the client deserved.  We took the case, and pursued the claim as it should have been done.  Just before trial, we were offered $40,000—double what had been deemed “can’t do better.”  That was what we felt was the best could be done based on the client’s injuries and recovery.

Sometimes an offer is the best that can be gotten, but you won’t know you have the best offer, unless you know you have the right attorney working hard on your behalf to really go for the win.  If you aren’t happy with what’s been offered you can always go to trial.

As a client who doesn’t regularly deal with Illinois work injuries, it’s of course a challenge to know if what you have been offered is fair.  There is no sure test, but if your lawyer has been lazy before the offer was made, it’s probably a sign that a better result can be had.

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 cases go smoothly and the law is followed.  In some cases, however, your benefits get denied or delayed for no reason.  The good news is that there is a solution called penalties.

In not so plain English, here is the law:

19k = (k) In case where there has been any unreasonable or vexatious delay of payment or intentional underpayment of compensation, or proceedings have been instituted or carried on by the one liable to pay the compensation, which do not present a real controversy, but are merely frivolous or for delay, then the Commission may award compensation additional to that otherwise payable under this Act equal to 50% of the amount payable at the time of such award. Failure to pay compensation in accordance with the provisions of Section 8, paragraph (b) of this Act, shall be considered unreasonable delay.

19l = (l) If the employee has made written demand for payment of benefits under Section 8(a) or Section 8(b), the employer shall have 14 days after receipt of the demand to set forth in writing the reason for the delay. In the case of demand for payment of medical benefits under Section 8(a), the time for the employer to respond shall not commence until the expiration of the allotted 60 days specified under Section 8.2(d). In case the employer or his or her insurance carrier shall without good and just cause fail, neglect, refuse, or unreasonably delay the payment of benefits under Section 8(a) or Section 8(b), the Arbitrator or the Commission shall allow to the employee additional compensation in the sum of $30 per day for each day that the benefits under Section 8(a) or Section 8(b) have been so withheld or refused, not to exceed $10,000. A delay in payment of 14 days or more shall create a rebuttable presumption of unreasonable delay.

So there is a punishment for bad behavior, but it requires a lawyer who will actually do the work.  On top of these penalties, you can also have your attorney's fees paid.

Often a penalties petition is filed in order to prod the insurance company to do the right thing or give yourself leverage.  But if they don't do the right thing and your lawyer doesn't proceed to a hearing on this issue then you probably are at the wrong firm.

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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Settling a case for a workers’ compensation claim may seem similar to its “cousins”-- the case in civil court for personal injury or medical malpractice, but in fact there are significant differences.  Though they bare a family resemblance, beneath the surface they have distinctions.

In personal injury and medical malpractice claims, there is a proof of fault component that is not present in workers’ compensation cases.  However, the trade-off, is that there are more types of damage remedies in civil court cases than in workers’ compensation, so the amount recovered can vary much more.  In workers’ compensation, the damage potential is usually more defined, because it is more specifically related to the injury, recovery, and wages. 

For this reason, civil lawsuit awards of damages are capable of showing more disparity by region, from Chicago area to downstate Illinois.  A Chicago jury, for example could place a value for an injured back at $100,000, factoring in pain and suffering.  A similar injury could be assessed by a Peoria jury as being worth $50,000.  

This kind of variability by region is not usually seen in workers’ compensation cases.  Though some judges may be more conservative than others, it is not necessarily based on geography as it can be with jury trials.  Since the damage award is pegged to more specific measures, a worker with, for example, a herniated disc that makes $40 per hour should have a similar outcome to someone in Carbondale working a similar job and with a similar injury.

Because workers’ compensation damages have these differences as opposed to personal injury and medical malpractice, settlement would also correspondingly be different.  With a more measurable likely outcome, a settlement offer should be more measurable as well, and should not vary widely between Chicago and downstate.

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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After you have filed your claim for Workers’ Compensation benefits for your work injury, you would ordinarily expect to get an offer from your employer’s insurance company.  Most cases do settle.  But the insurance company does not have to offer you a settlement, and may in fact try to use the prospect of settlement for strategic advantage.

It might appear to the insurance company that they can gain a business advantage by not offering a settlement, or delaying making an offer.  After all, they have nothing to lose by not offering you a settlement, because if you hire an attorney to pursue your claim, they should end up paying what you should be paid anyway.

Time is important to you, the employee, though.  If you wait too long to bring your claim, you will lose your right to get one.  But patience and a great attorney could go a long way to helping you break through that strategy and get the compensation settlement you may be entitled to. 

If you are not represented, and are attempting to do it yourself, the insurance company is likely to just pay your medical bills and lost wages, and nothing more.  Some may make an offer which is substantially less than you could be entitled to, and may try to cap your right to future medical treatments that may be necessary.  Injured workers should be very cautious about settlement.

In fact, we got a call from a nice man looking for a Glenview workers’ compensation lawyer, who had experienced this “treatment.”  He was offered a settlement two days before he was supposed to have shoulder surgery.  The insurance company knew that it would be cheaper for them to buy him off with a low offer than to pay his medical bills—not really an ethical thing to do.  Fortunately he was smart enough to put his long term health over a short term financial gain.  The fact is the money will still be there in the end.

That’s where proper representation can be vital.  Skilled care and evaluation of all settlement terms is often necessary.  And when there is no offer coming, we proceed on and prepare for trial, and get a settlement through proceeding with the process and preparing for trial. 

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 are pursuing your claim for disability benefits against your employer, you may be asked by them to have an independent medical examination (IME).  The IME can be used to evaluate the extent of your injury, as well as issues of causation of the injury.  But the IME report should be used properly for the purposes of assessing your claim, and not to delay your treatment or payment.

We were recently asked about this scenario, by an employee wanting to know whether there was a time limit for the physician doing the IME to submit the report from the exam.  This employee had seen the physician 40 days ago, and still had not seen a report.  The delay in delivering a report of the exam was preventing scheduling further medical treatment, and receiving disability pay. 

Though there is no definitive time limit for producing a report (other than at least 48 hours before the arbitration hearing), the physician is required to deliver the report “as soon as practicable.”  This means that there should not be any unreasonable delay or gamesmanship, though 40 days sounds like just that.  But you’re not without recourse.

First, if you find out that your employer received a copy of the report, and you have not, the physician may be barred from testifying at the next hearing.  Second, if the time seems like it is getting curiously long, there may be something going on, and your lawyer should be on top of the situation.  He or she can bring a 19b petition for an emergency hearing on the matter.  This remedy is available when benefits or medical bills are unpaid because of such a delay.   Also, a subpoena may be issued by your attorney to compel production of any reports or records that will be used as evidence in the case.

The longer the delay, the more suspicious I become.  Sometimes it is just a lazy or busy doctor, but since many IME physicians churn these things out as a huge source of income, when the report doesn’t arrive quickly, it leads me to believe the doctor found against the insurance companies.  Doctors make so much money off these exams and want the insurance company business that they will often issue preliminary reports within 24 hours.  We find that the insurance companies typically turn those over right away.

So while there is no “set in stone” time limit for an IME report to be submitted, you don’t have to just sit and wait while you are losing treatment or benefits.  A good workers’ compensation attorney can help remedy the situation.  And by the way, if you have an IME, go to trial and the IME report is not presented, the Arbitrator is allowed to presume that the report would have been in your favor.

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 workers’ compensation system does just what its name says—it compensates you for your work injuries.  But how do you get a big result from your workers’ compensation case?  Unfortunately, usually if you’re getting a very big payout, it’s because you’ve suffered a very serious and life-altering injury; often involving neck or back surgery.

The system is meant to give employees a quick and efficient means to recover losses for injuries in the course of employment.  It does not provide for the large monetary result of other lawsuits that you may read about in the paper (no million dollar cases in work comp).  But for those who have been injured at work in the most serious way, there is hope that they can receive a larger compensation for the pain and life-change they have had to suffer.

We just settled a case for a great guy who, unfortunately, found himself in this life chancing situation.  He has had two back surgeries including a fusion.  We were able to settle his case for $450,000.   He was one of the “lucky” ones, because he will be able to fulfill a life-long dream of starting his own business and his daily pain isn’t as bad as many clients we have helped.  In fact, he was so anxious, that he almost settled too quickly for $350,000.  We advised him to be patient, and it paid off for him. 

Most aren’t that lucky, and suffer both the injury and the financial loss.  We work hard to be a big help to many to get the result they hope for.  But most of us wouldn’t trade places with those that get a lot of money for their injury, but have to live with the affects of it for the rest of their lives. 

As a client, our number one piece of advice is to never rush a settlement.  Make sure that your lawyer lays out the options for you.  If the offer is in the six figures, that likely means there is an argument to be made for going to trial and keeping your medical rights open.  Have your attorney show you all the options as well as the range of possible results. 

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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Mixing alcohol and employment can be a recipe for disaster for many reasons.  Where there is an injury at work, and alcohol was involved, it could stand in your way of collecting workers’ compensation benefits.

In order to collect workers’ compensation benefits for an injury at work, you need to be able to show that the injury arose out of and in the course of your employment.  So what happens when alcohol is added to this equation?  It depends on the specific circumstances.

If you are so intoxicated, that you are injured solely because of the effects of the alcohol, it is an easier case for denying benefits.  Where it can be proven that alcohol was the sole cause of the accident, then it did not arise out of your employment, and workers’ compensation won’t apply. 

However where intoxication contributes to the injury, but is not completely responsible, then you have to look at the facts and see if it was significant enough to render you unable to properly perform your job.  If you are unable to carry out your job responsibilities, then the accident did not arise out of your employment, and workers’ compensation benefits will likely be denied.

This issue comes up frequently in a variety of situations.  We’re often asked whether drinking at the workplace means you can’t collect workers’ compensation benefits if there was an accident.  The answer, perhaps surprisingly, does not depend on how high the blood alcohol level was.  There have been cases where even with a high level, the evidence showed the employee was still able to perform his work.  It comes down to an analysis of the facts, and what affect the alcohol had on the job, to keep it within employment or take it out.

In a recent case, a man who was a cook in a tavern, stayed after work and was drinking alcohol at the tavern.  He attempted to walk down a flight of stairs which were reserved for employees, and fell to his death.  The evidence showed that his alcohol consumption was a significant contributing factor in his death, though not the sole factor.  But he was denied benefits by the Illinois Worker’s Compensation Commission because it was determined that his intoxication made him unable to safely perform his job duties, which included being able to walk down the stairs on which he fell.  Since he was not able to perform his job duties, the accident did not arise from the employment, so benefits were properly denied.  

This case shows that, though alcohol consumption doesn’t always mean workers’ compensation benefits won’t be available, it can be a bar depending on the details.

 

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When you’re injured at work, and want to receive workers’ compensation benefits from your employer, how much control do you have over your medical visits?  Many people fear that if they receive the benefits they are entitled to by their employer, they give up some of their rights to choice and to privacy with their doctors.  This should not be the case.

 

After your injury, Illinois workers’ compensation law guarantees you the right to:

 

·         choose your own doctor or hospital

·         receive emergency or first aid care at a facility you choose

·         visit your provider without paying a co-pay or other out-of-pocket expense

·         speak with your doctors freely without fear that your privacy is lost.

 

 

Your employer will need to know the name and address of the doctor or hospital you choose.  And you will need to give enough information and documentation for your employer to know that your injury is a valid work-related injury.  However, that does not mean that your records become an open book to your employer.  Nor does that mean that your employer has access to speak with your doctors and nurses.

 

The laws are there to protect your medical and privacy rights, while still allowing you to receive medical benefits.  The laws also help to protect your relationship with your employer by ensuring that you cannot be pressured to give up any of your rights.  In this troubled economy, no one wants to fear losing their job, and certainly not because of an injury that occurred because of the job.  Illinois law provides that protection; all you have to do is exercise the rights you have.

 

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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Pre-existing medical conditions may complicate claims under Illinois Workers’ Compensation, but they likely do not have much effect on the ultimate outcome.  Most of us at one time or another have had non-work-related injuries, or have conditions which cause us pain or weakness over the long term.  But Illinois worker’s compensation law won’t use those conditions to keep someone from collecting benefits.

 

In claims for workers’ compensation benefits, the relevant question is whether an accident or injury arose out of and in the course of employment. The analysis will look to whether the injury is traceable to a definite time and cause on the job.  These questions remain the same even where the injury is a worsening of a prior injury; or where a prior condition made you more vulnerable to the work injury. 

 

While the past may complicate the inquiry, it should not bar recovery.  You have to look a bit further, to see if the claimed work injury is not any different than the usual course the condition would take over time.  You will have to show the connection between the work injury and the aggravation or escalation of the original condition.

 

If you have trouble with your knees from an old sports injury, and you are doing a lot of bending and lifting on the job, any worsening of your knees should be recoverable.  Similarly, if you broke your arm as a teenager, and you have a work accident where you fall and reinjure that arm, the original break should not bar the benefits.

 

As long as your employment is a factor in causing the current condition for which you are claiming benefits, then the fact that the condition existed prior to the employment should not bar recovery for workers’ compensation claims

 

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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Saw an attorney bragging about how he has recovered "billions for his clients."  Now I'm the first to advocate what a difference a lawyer can make in the life of an injured worker, but this puffery is nonsense.

The alleged billions includes what the clients have received for medical bills and TTD payments.  Sure I've helped get TTD for a client that went on to received six figures in TTD payments and the same in medical bills, but I wouldn't take credit for that or calculate it in my success.

There are so many great lawyers out there, but there are also a handful that stretch the truth of what they've done in order to market themselves.  It reminds me of a t-shirt that I saw which I pasted below.

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

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If your work injury prohibits you from working or forces you to work with restrictions, you may be entitled to temporary total disability benefits (TTD). Basically, you will get a check every other week to compensate you for lost wages due to your injury.

The amount of these checks is based on your average weekly wage for the 52 weeks prior to the injury. The law entitles you to receive 66 2/3% of these wages. For some workers, the amount is easily calculated. For others, it can be tricky.

It’s important to have an attorney – not your employer insurance company – figure out your true average weekly wage so you don’t end up short. The TTD calculation needs to take several things into account, such as overtime, and whether prior earnings reflect vacation time or sick leave.

There is a minimum and maximum amount for TTD benefits, set by law. So if you earn a lot, you may not receive 66 2/3%. On the flip side, if your wages are low, you may receive a larger percentage of your wages. The law on these amounts changes often, so check with your attorney.

Also, keep in mind that TTD benefits are not owed unless you are unable to work for more than three work days. Benefits are owed starting on the fourth day. If you are unable to work for more than 14 days, you are then entitled to compensation for those first three.

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

 

 

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Insurance companies don't always do the wrong thing, but they make money often by doing the right thing.   Smart people run these billion dollar organizations and they have done studies of ways to discourage claimants and lawyers.  For example, if you are in a car accident and have minor injuries, many insurance companies will pay nothing to you even if you clearly weren't at fault.  They realized that lawyers don't want to take these small cases to trial and that by frustrating everyone, they win by often doing the wrong thing.

In workers compensation in Illinois, it's not uncommon for an insurance company to tell you that your medical benefits are denied because an injury is pre-existing.  Worst case scenario for the insurance company is that you get a lawyer and they end up having to pay what they actually owe.  Best case scenario is that one out of ten people give up and ignore their case.

Recently a 50 year old janitor who had back surgery 10 years ago was hurt on the job when he slipped on a wet floor.  He re-injured his back and his doctor says he needs a new surgery.   His daughter came to us for help because her Dad had given up and assumed that the insurance company decision was final.

As John Belushi said in Animal House, "Nothing is over until we say it is."  If the actions of the insurance company seem unreasonable, don't let it worry you.  There is a method to their madness which fortunately can be countered.

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, you’ll want to consider all possible options for compensation while you recover, or longer if your injury is permanent. You’ll also want a thorough attorney who explains all these options to you.

One question we get a lot is whether an injured worker can apply for workers’ compensation and social security at the same time. The answer is yes. There is some sort of myth out there that it’s illegal. We’re not sure where this came from, but it’s not true.

That said, applying for social security benefits may not be the best option in every case. Be sure to discuss it with your attorney, or give us a call.

If you are approved for both types of benefits, social security will reduce its amount based on your workers’ comp benefits. Basically, the rules say you can only get up to 80% of your former wages. This is called the workers’ compensation offset.

Be particularly careful if you are nearing the settlement stage of your case. Language can be included in your settlement to help protect your social security benefits.

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

 

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Severance agreements sometimes state that by signing the agreement the worker is giving up all rights to pursue a workers’ compensation claim. Giving up these rights would be a serious detriment to the employee. The law recognizes this and says that you can’t simply sign away your workers’ compensation rights in a severance agreement.

The only way these rights can be signed away in a severance agreement is if it’s approved by an arbitrator at the Illinois Workers’ Compensation Commission. This isn’t usually the case, so if you’ve signed a severance agreement and are worried that you lost the ability to claim workers’ compensation, talk to an attorney. You can probably still file a claim.

As a general rule of thumb, it’s a good idea to have any agreement reviewed by an attorney before signing. So even though the clause we’re talking about here isn’t enforceable (meaning even if you sign it they can’t hold you to it), it’s better to be safe than sorry, in our opinion.

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

 

 

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A very seriously injured worker came to us recently for help.  He had been jerked around with his pay, approval of treatment, payment of bills and which doctors he could or couldn't see.

He hadn't called a lawyer before because in his own words, "The adjuster was just so nice to me and said that this is how it is in Illinois.  She also told me the best advice I'd I've get is to not hire an attorney because settlement amounts are set no matter what the lawyer does."

I almost fell out of my chair when I heard the last part.  I've seen workers get screwed, but never have I seen an adjuster flat out lie about what is or isn't available when the case ends.

The fact of the matter is that no case is worth a set amount except for when you have a body part that is amputated and you make a full return to work.   Otherwise there is a range of what your case is worth. 

For our very nice caller, his range was between $60,000.00 on the low end and $350,000.00 on the high end.  Most cases aren't that drastic, but every case has a wide range of what it "could" be worth.

Attorneys in Illinois get 20% of what they recover.  If you aren't represented, most adjusters knock 20% off the top of any offer they make.  Their performance is judged by how much money they save.  Our performance (and pay) is judged by how much money we can get for you.  Who do you think is going to look out for you?

We ask that our clients be honest in every aspect of their case.  It's a shame that insurance adjusters can't do the same.

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 who got hurt while working construction in Aurora asks:

I recently was hurt on the job and my doctor has me off work for a month.  The adjuster said that I don't get paid for the first three days I miss.  That's so unfair.  I need that money.  Can anything be done>

Surprise, surprise, the adjuster isn't telling the whole truth.  Under Illinois workers' compensation law, when you are off work for a work injury, you don't get TTD benefits until you hit the 4th day.  However, once you are off for 14 days, those first three days are also to get paid, even if it's not 14 days in a row.

Another thing to be aware of is that even if you don't usually work weekends, if the doctor has you off on Friday and Monday, that is actually four days for Illinois workers comp TTD purposes.

For this reader, they are clearly going to be off more than 14 days.  It appears the dis-honest adjuster (and not all of them are that way) is trying to frustrate the worker in to ignoring his doctor and going back to work too soon.  That saves them money, but likely will lead to a worse injury and a bigger problem.  The sad part is that if he does try to go back to work and it gets worse, they'll probably try to say he shouldn't get benefits because he didn't listen to his doctor.

Ahh, the games people play.  Fortunately this is a game you can win if you know what you are doing.

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 have a work injury, you are entitled to coverage for all reasonable and related medical bills. Coverage is 100%. There don’t have to pay any co-pays or anything out of pocket.

So what does reasonable and related mean?

A reasonable medical expense is generally one that is recommended by a doctor and one that would probably be recommended by other doctors, as well. The key is to not just have your doctor suggest something but to get it documented, like in the form of a prescription.

Even things that seem unconventional, or extra, can be covered. Examples include gym memberships, special mattresses or pillows, massages, etc. If your doctor believes these things will aid your recovery and help your condition improve, then there’s a good chance they will be covered by workers’ comp.

We don’t promote stretching the truth or looking for a windfall. If there is a treatment out there that a doctor reasonably believes will help you recover, we believe you deserve the option to pursue it.

The second requirement is that the treatment is related to your injury. If you are seeing the same doctor for more than one injury or condition, just know that only the treatment and bills related to your work injury are covered. Often, doctors end up lumping things together in the same bill or statement.

One last thing: If you do end up paying anything out of pocket, keep your receipts. Your attorney should do what they can to get you reimbursed as soon as possible.

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 have a workers' compensation case in Illinois, October is the best month of the year to try and settle your case.  Why?  Because insurance adjusters get rated and compensated based on how many files they have closed at the end of the year.

So starting around now and in to November, they will often make their best offer because they are thinking about themselves, not about your case.  It's not their money so while an extra $5,000 is huge for you, it doesn't usually mean much to them.

If you have an active case with your lawyer that has been waiting for months to settle, push them to call the adjuster or other attorney to try to work things out.  Many insurance companies are scheduling "settlement days" at the Illinois Workers' Compensation Commission over the next couple of weeks.  Ask your lawyer to find out if the company fighting your case is going to be there. 

You will never find them more motivated to resolve your case than now (or this time next year).

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 featured in IICLE which is a case law summary service which is very valuable for lawyers.  The moral of the story is that you should get real medical treatment if you are having physical problems, not just pop pills for years.  It also shows that the best doctor to discuss your medical condition is your treating physician, not a hired gun.

_____________________________________________________________________________

In Weaver v. Decatur Overhead Door, No. 98 WC 17022, 2010 WL 896172, 10 I.W.C.C. 0183 (Feb. 23, 2010), the Commission affirmed an arbitrator’s decision finding the petitioner failed to prove a permanent and total disability. The Commission affirmed the award for a 50 percent loss to the person as a whole. The injury occurred on February 21, 2007. The Commission had affirmed a prior arbitration decision following a 19(b) hearing. In this case the arbitrator found the petitioner’s failed-back syndrome was causally related to his accident.

The arbitrator found the petitioner offered a substantial number of physical complaints in his testimony but failed to present convincing evidence that he was disabled to the extent claimed. The arbitrator reviewed the evidence from physicians who had seen the petitioner since the trial in 1999. One of the physicians recommended use of a spinal cord stimulator. The petitioner told another physician he was not interested in this procedure. The arbitrator felt that if the petitioner had the level of pain described at trial it seemed inconsistent that he would not agree to use of a spinal cord stimulator.

Another physician who examined the petitioner on a referral from the petitioner’s treating physician did not feel that the petitioner would respond to any further surgical management. This physician commented that there were significant secondary gain issues and a psychological component to the patient’s pain syndrome.

A physician who examined the petitioner at the request of his attorney was of the opinion the petitioner was permanently and totally disabled.

The respondent’s examining physician testified the petitioner had positive physical exam findings and neurological deficits consistent with the subjective complaints and surgical history. This physician found three out of five positive Waddell signs indicating there was an exaggeration of symptoms and observed that other physicians commented on positive Waddell signs. This physician found the petitioner at maximum medical improvement and felt he was capable of employment at the sedentary, light work level. He supported his opinion on the facts that (1) the petitioner did not need assistive devices to walk, (2) was not bedridden, (3) his pain was managed well, and (4) the petitioner’s activity level and upper body strength. He felt the patient was over-reporting his subjective complaints. The arbitrator found the examination and testimony of this physician credible.

The arbitrator also found the petitioner’s treating physician had done little for the petitioner aside from continuing to prescribe pain medications. In the treating physician’s deposition, taken in 2004, he admitted he had not examined the petitioner’s back since 1999. The arbitrator also observed the doctor’s notes showed the petitioner had called in for refills of narcotic medication while moving his mother-in-law from a hurricane area. The arbitrator found the records demonstrated the petitioner’s pain was well controlled.

Vocational counselors also testified. One reviewed medical records and felt the petitioner was unemployable. This counselor never met with the petitioner and did not test or evaluate him. A second counselor evaluated the petitioner at the request of his attorney in 1999 and gave conflicting opinions. He also evaluated the petitioner at the request of the respondent in 2005 and felt there were employment opportunities with reduced earnings. He testified that his 1999 opinion was based on restrictions from the treating doctor and that his 2005 opinion was based on the opinions of the examining physician.

The respondent retained another rehabilitation counselor who testified to home-based work in which her company specializes. She described the work as telephone customer service survey work. The employer allows a choice of the hours they work and the use of flex time, as well as the provision of training and accommodation for restrictions. She sent various letters to the petitioner and his attorney about this line of work and received no responses. She sent a letter to his attorney advising it was assumed the petitioner was not interested in pursuing employment. She received a letter from the attorney that the petitioner was having the documents reviewed by a vocational counselor. She then sent the attorney an employment application which was never returned. She testified in her deposition that the employment was still available in an entry level position with no physical or job skills requirements. The petitioner admitted he did not contact her about the position and simply informed her he was not interested. The arbitrator found no medical evidence that the petitioner was incapable of performing this type of work.

The arbitrator also found the petitioner offered no evidence of any effort made to find employment or evidence to refute the testimony of the counselor who described the customer service survey work. Accordingly, the arbitrator found the petitioner failed to prove a permanent and total disability and awarded a 50 percent loss to the person as a whole.

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 asks:

Currently I am on workmens comp for a back injury and leg injury and have been receiving ttd.I have an attorney on this case but need some clarification from someone else about this matter.The insurance company has assigned a work rehab company to me to find employment. My place of employment has done a involuntary terminated my job. My question is when I am applying for jobs and the section for leaving last place of employment I put down injured on job,workmens
comp injury or involuntary termination due to injury my rehab company insist that I cannot put those reasons down  but lie and write down looking for a less strenuous position or changing jobs. Also when putting down a salary do not put one in and don't put in a traveling distance. If I don't follow there rules they report to the insurance carrier that I am not cooperating with them by because I don't want to lie on applications.What is case law about falsifying job application?

This is a simple one.  Never, ever lie.  You cooperate in any way you can with finding a new job, but you don't lie on an application or in an interview.  If you do, it helps the insurance company, but not you and it's wrong.   What happens when down the road you love this new job and then get fired  because they found out about the lie?  You are screwed, that's what happens.

If you go to trial at the Illinois Workers' Compensation Commission over this issue, I don't believe that any Arbitrator is going to punish an injured worker who refuses to lie.  If you show up a mess to an interview or act unprofessional that is one thing.  But not lying about having been hurt is something completely different.  And quite honestly, it can help sell you.  e.g. "I have been out of work for a year because I had a job injury.  It's killing me because I've worked all of my life and love to do so.  I'm just chomping at the bit to get back."  That is the type of advice of voc rehab counselor should be giving.

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've blogged on it before, but I'd like to offer a different spin.  The number 1 question we get is "What's my case worth?"  You can search our site to see the other posts, but I've left something important out.  Three things actually:

1. What an Illinois workers' compensation claim is worth can depend on the Arbitrator that the claim is assigned to.  Some Arbitrators are very worker friendly and others seem to favor the employers.  So in some similar cases we can get more money for a client than the case might be worth in front of another Arbitrator.  Outside of Chicago, we know who the Arbitrator will be before we file the case so that does help in predicting the result once we have seen the medical records.

2. When a case is settled, it's not typically settled for what it would go for if you won at trial.  Settling is a compromise.   Sometimes you actually get more than you could get at trial because you are closing out your medical rights if you settle.  Other times you get less.  This needs to be considered when making settlement demands because . . .

3. The range of what a case is worth can be all over the board.  If you break your finger the range isn't huge if you have a good recovery, but on major injuries or when you might need more medical treatment, the range can be huge.  For example, we recently were involved in a case that settled for $220,000.00.  We obtained this settlement because we proved that if we went to trial our client would likely get wage differential.  That said, there was a chance we could have lost.  We determined that the range of a settlement was between $75,000 and $230,000.  We didn't get every last penny, but boy did we come close.  Had that client not had an attorney they certainly would have been at the low end of the range.  Most cases are like that and you can bet your bottom that the insurance company is always targeting the low end of the range.  Remember, they make money by saving money.  Period.

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 received a lot of questions lately about Illinois temporary total disability benefits.  Here are three where we felt the answers will help everyone.

I haven't been paid TTD benefits for three months, but I never hired a lawyer.  Is it too late to get an attorney to go after what I'm owed?

No.  As long as it's not too late to file the case itself, an attorney can go back and get any benefits that are available for you.

I work a part time job (ten hours a week) along with my full time job.  Just broke my leg and can't do either job.  Do I get paid for the lost part time hours along with my pay from the injury for the full time job?

Yes, if your employer for the job on which you got hurt knew about the part time job.

Do I have to pay a lawyer 20% of my TTD benefits if I hire them?

No law firm that we would recommend for a case would take a penny of your TTD benefits unless we had to do substantial work to secure them like go to trial.  In 99% of cases we don't take anything for TTD.  Some firms don't follow the same rules so watch out for them.

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 received a phone call from a nice guy who has a fairly reputable attorney that appears to have gone off the deep end.  His case was settled in December and he still hasn't been paid.

There is not set rule for how long an insurance company has to pay a settlement or Arbitrator's award, but generally speaking, once 30 days have passed it becomes an issue.  Usually at 60 days if you haven't been paid then you can probably get penalties and fees against the insurance company which means that you would likely receive 50% more for your case.

For some reason, our caller's attorney told him that it could be up to six months before the check is received.  Huh?  If I didn't know the attorney who was helping him I would have been worried that his money was stolen, but it's still bizarre.  To make matters worse, the lawyer apparently isn't returning his calls.  That is certainly a sign of a problem.

Don't be afraid to ask your lawyer about these issues before you sign settlement contracts.  And if you are having trouble getting your check, hold their feet to the fire.

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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Hot off the presses.  Scroll down because it's great to hear that an employer that broke the law by not carrying workers' compensation insurance has been shut down.  It's a felony and needs to be enforced more!

________________________________________________________________________________

**Judicial Training September 16-17, 2010; No hearings will be held**

All arbitrators and commissioners will be in a judicial training program on September 16-17, 2010.

There will be no hearings or approval of settlement contracts.  Please do not bring petitioners to the Commission.

**Commission Issues Work Stop Order to El Taconazo; 3 Locations Shut Down**

On Friday, September 10, 2010, investigators from the Insurance Compliance Division of the Illinois Workers¹ Compensation Commission shut down  three ³El Taconazo Restaurants² located at 2350 West Cermak Avenue, 5847 South Kedzie  Avenue and 4124 West North Avenue in Chicago. Commission investigators served work stop orders closing the restaurants at the start of a busy weekend.  The owners of the restaurant had received a number of notices of non-compliance for failing to have insurance as far back as November, 2007. The restaurants got insurance several times but allowed the insurance to lapse each time for non-payment of premium.

While shutting down a business is a harsh step to take, this employer was provided with every opportunity to come into compliance with the law. The owners¹ failure to have insurance first came to light when an employee was injured on the job and the owners failed to provide the necessary care for his injuries. In addition to shut down orders, the owners face fines up to $500.00 for each day they failed to have insurance, with a minimum fine of $10,000.00. In some cases, uninsured employers can face criminal charges in addition to stiff civil penalties.


Illinois Workers' Compensation Commission
100 W. Randolph St. #8-200
Chicago, IL  60601
ph. 312/814-6560
 

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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Today is nine years since the tragic events of 9-11.  Many workers risked their lives that day.  Some that survived are battling terrible illnesses from all of the toxins they were exposed to.

Recently a proposal in Congress would have guaranteed medical coverage for those first responders to honor their bravery and take care of them.   To pay for it, it was proposed that we close a tax loophole that allows foreign countries to avoid payroll taxes on business earned in the U.S.   Sounds like a no-brainer, right?

See http://www.huffingtonpost.com/2010/08/05/stewart-on-killing-of-911_n_671519.html for why it failed and make sure to watch the great clip from the Daily Show.

It's simply pathetic that Republicans and Democrats are both playing politics with something so serious and so worthy.  I encourage you to call your Congressman and push for this worthy bill to be passed.

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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Some lawyers aren't very good at what they do and often it's because they are just lazy.  But a recent e-mailer takes the cake for having the worst lawyer we have seen in some time.

He had a lumbar fusion which is as serious as it gets in work comp.  A settlement offer was made to resolve the case for minimal money which didn't address the huge unpaid medical bill nor did it come close to compensating this worker for what he could even minimally expect.

When he asked his supposed Naperville workers compensation lawyer why he was recommending to settle the case for the offered amount even though he had these bills and a fusion, the lawyer said, "Wow, I didn't realize your injury was that bad and that you'd had surgery."

I can't imagine telling a client to settle a case without knowing their actual injury is.  It's so unfathomable that I'm just at a loss for words.

The silver lining is that the worker had the sense to seek other opinions first.

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 e-mailed wanting to know what will happen to her Illinois workers' compensation benefits if she were to get laid off of work.

Simple answer is nothing.  That should hold true as well if you are fired or the company goes out of business or is bankrupt.

In the short term nothing changes.  In the long term if you are laid off or otherwise there is no job for you, they have to keep paying your benefits as long as you have restrictions.  Once you are at maximum medical improvement (MMI), if there is no job for you and you can't find one, the insurance company will likely have to provide vocational rehabilitation assistance which is a service to help you find a job within your restrictions.  If you have no restrictions you are probably out on your own in that regard.

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 case you were wondering about what benefits are available, here is an article I wrote for a legal site:

In Illinois, injured workers are entitled to medical coverage as well as payments for lost wages. Here is an overview of the different types of benefits you can get if you're hurt on the job.

1

Medical

In Illinois, your medical bills are covered 100%. You should not have to pay any deductibles or co-pays. There is an exception for treatments that are considered unnecessary or unrelated to your illness or injury; these would generally not be covered.

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. The payments are tax-free and there is a weekly maximum. 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 your lost wages. 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.

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. 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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When a client found out that we achieved what is believed to be the highest settlement ever on a workers' compensation case in Illinois ($800,000) we were asked we don't promote our results more?

The answer is that it doesn't fit out blog style of communicating.  Most other websites give you no real insight in to the lawyer or how they help clients.

At the risk of all that, I can tell you that in the first six months of 2010 we were a part of more than 100 settlements and trials.  We are most proud of the trial wins, especially when cases have been disputed.  The lawyers we matched callers with have done a great job in securing and fighting for benefits.

With respect to settlements, in 2010 our highest result to date has been $350,000.00 for a badly injured client for whom we were able to obtain compensation for his future wage loss for his injury.  We were also able to connect him with a lawyer who won social security benefits for him after they were twice denied.

Beyond that, we have been involved in 10 total settlements above six figures and have obtained many more in the high five figures.

The settlement we are happiest about just happened.  It was for $325,000.  When the client came to us, they had been offered $125,00.00 and were told by their former lawyer that was as good as it would get.  Because our attorney fought for them we got way more.  This is a good lesson when it comes to evaluating a lawyer.  We've had great results, but it's not about the dollar amounts.  It's about the fact that we go the distance for our clients to get the best results possible.

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 insurance company has every right to deny your benefits if they have a valid reason for doing so.  If they have a doctor that says your injuries aren't work related or that you don't need any more treatment, even if that doctor is a hired gun they can cut you off.  If they have a legitimate dispute as to whether or not your injuries are work related, they can cut you off.  If you do get cut off, you have the right to go to trial and prove your case.

But if the insurance company knows that your injuries are for sure related to a work related accident and they just refuse to pay or significantly delay your payments, then they are flat out wrong.

If this happens to you, you can either grin and bear it or do something about it.  The option for doing something about it is to file a petition for penalties and fees.  If the Arbitrator feels that there is no basis for being forced to trial over a disputed issue, he can make the employer pay up a 50% penalty on your medical bills and $100 a day for each day late on TTD.  They would also have to pay your lawyer fees.

In other words, if you have $200,000 in medical bills that are denied for no good reason, you might find yourself with an extra $100,000 in your pocket because of the unreasonable delay in payment.

It doesn't happen too often, but if you are getting screwed over, penalties and fees petitions are great tools to get justice.

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 asks:

I have been off work for three months with a work injury per my doctor.  For no reason, I haven't received a check for a month.  What do I do?

Easy problem to solve.  Simply need to file for a trial date and probably for penalties and fees.  That will put the insurance company on the clock and force them to do the right thing.

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

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Insurance companies want to close cases and will make settlement offers in order to move things along. These offers can be tempting, but they are almost always low. Think twice, and read this guide, before settling your claim.

1.  Don't settle too early

Timing is very important in deciding whether to settle a work injury claim. Insurance companies often offer settlements too early. How soon is too soon? If your medical treatment is ongoing, it's probably too soon. You should wait until your treatment is complete and your doctor has determined that any resulting injury is not going to improve. If you settle too early, you can lose all rights to additional medical benefits, which you may need.

2.  Don't settle too low

You can almost always get some sort of settlement for your workers' compensation injury, even if the injury is minor. Just because the insurance company says your case is closed or that there will be no settlement offer, does not mean it's true. Unless the statute of limitations has run (you're beyond the deadline), an attorney can help you re-open your case.

3.  Don't settle on your own

You have a better chance at getting more money in settlement if you are represented by an attorney. The insurance company is not your friend. It's in their best interest to settle your claim early and for as little money as possible. If you have a workers' comp injury or claim, find an attorney to look out for you. Even if you've been offered a settlement, it's not too late to get help.

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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And you can blame Gene Keefe, a well known workers' compensation defense lawyer, for causing workers, insurance companies and employers to have to pay more money.  From my standpoint, he is not only hurting workers (which probably pleases him), but also hurting his actual clients (which makes no sense).

Long story short is that in most cases we issue a subpoena to get your medical records.  Standard charges have been $20 per subpoena.  On a typical case it will cost around $40-$100.

Keefe and his client, Dr. David Fletcher, alleged that Fletcher was losing $20,000+ a year on copy costs and labor.  Never mind that Dr. Fletcher makes a mint off of treating patients, he wasn't happy with the way things work.  Strangely though, he sought help from the one attorney who shouldn't want to help him.

In a recent Appellate Court decision, the Court ruled that subpoena fees shouldn't be $20 a pop, but rather that medical providers can either bring their chart to court (which would be a waste of time and useless) or we can pay per page based on how many records are copied.  If this was costing one doctor $20,000+ a year, you can imagine how much this will cost injured workers and employers.  If you have a doctor with 1,000+ pages of medical records relating to your care, you might be faced with a bill for $200 or so.  We advance those costs, but in the end it comes out of your pocket.

This matter will likely end up at the Illinois Supreme Court as it even implies that the Illinois Workers' Compensation Commission doesn't have power to issue a subpoena.  Hopefully, for the sake of workers and businesses in Illinois (other than the doctors who will make a windfall), this rule gets straightened out.

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 have an Illinois workers' compensation claim, the insurance company has to pay for all of your reasonable and related medical bills and all of your time off work so long as there is no doctor that is saying you don't need treatment or that you can work.   You get these benefits as long as your condition lasts.

Under our laws, you may also be entitled to a settlement.  99% of injured workers usually get something, the total amount depends on how bad you were injured and how it will effect you in the future.  But the insurance company does not have to make you an offer and there is a reason why they do not.

When you settle a case for an injury to your arm, leg, foot, hand, fingers, eye or toes, an insurance company gets a credit for any future (or past) settlements related to that same body part.  For example, you break your leg and it's decided you have suffered a 20% loss of use of your leg.  If a year from now you tear your ACL on the job in the same leg, the insurance company would get a 20% credit.  So if your case was worth 30% loss of the leg, they would only pay you 10%.

However, there are no credits for injuries that are considered man as a whole - back, neck, chest, head, etc.  So insurance companies often won't settle those cases voluntarily because if they give you 10% of the man as a settlement today, if you re-injure yourself in a week they get no credit and basically might have to pay you the same settlement twice.

So while you can always get a settlement or an award (by going to trial) with a lawyer, they don't have to give you one.  And if they don't it is probably because they have something in their interests, not yours, that is motivating them.  If you wait for them to do the right thing, you might find that the time to bring your case has come and gone.

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 a workers' compensation law firm in Chicago, but what we do is unique in that we give free advice and then recommend an attorney (not always us) who we think is best suited to handle your case based on the unique facts of your case.  Two+ years ago we referred a caller to a lawyer in our network who is really good at knee injuries and is well liked by the Arbitrators in Joliet where the claim was going to be heard.

The dispute in the case was over whether a surgery was needed or not.  The attorney did what he should which is get the case ready for trial and proceed.  The Arbitrator found in favor of our client.  That made sense as the treating doctor said surgery was needed and it was related to the job injury.  He also said until surgery takes place our client can't work.  They appealed to the Commission as is their right and as happens with most cases, the party that won at arbitration (us) won the appeal.  For some reason they appealed to the Circuit Court and we won there too.  They can try to appeal it further, but it seems like a waste of time.

Meanwhile, they now owe our client more than two years of TTD benefits for his time off of work and they still have to pay for the surgery.

I don't think it happened in this case, but sometimes insurance companies will appeal as long as they can in order to push injured workers to the brink. Our guy is fortunate that he can survive financially, but others aren't so lucky.

If you are hurt on the job and it appears that there is going to be a dispute over your benefits, we suggest that you prepare for the worst situation which is a possible delay of the outcome.  Sometimes you win in the end, but suffer to get there.  Don't sell yourself short and resolve your case when you still need medical treatment or have no job.  Even when things get tough, there is usually a light at the end of the tunnel and in the end you usually win and the insurance company discovers it wasn't worth 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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We often hear from people who are wondering whether they can “re-open” their workers’ compensation case. It depends on the situation.

If you signed a settlement agreement, you’re probably out of luck. You can’t go back and change the agreement. Typically when you settle, you agree that you will not get any future medical or TTD benefits. So if you settled with workers’ comp for a back injury five years ago, and then you wake up one day with back pain, it’s not a workers’ comp issue anymore.

However, if you re-injure your back at work, doing something work-related, then you’re probably entitled to medical coverage and benefits. The distinction is whether the injury acted up outside of work or because of your work. In Illinois, aggravated pre-existing injuries are generally covered under workers’ compensation.

If you have not settled, but the insurance company tells you that your case has been closed, you have a better chance. Generally, the insurance company can’t just decide to close your case. So if it seems that your case has suddenly been closed without your knowledge or agreement, contact a workers’ compensation attorney. They should be able to “re-open” it and negotiate a settlement 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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In yesterday's post we gave advice on what happens at the Commission when you think you are going to trial.  So a reader asked us, "What does it take to get ready for arbitration?"

The answer depends on the case facts.  At the bare minimum you need to secure all relevant medical records by subpoena.  While your testimony sets the story, your medical records almost always guide an Arbitrator's decision.

In some cases the facts make it necessary for a doctor to testify.  They never show up to testify, but rather give depositions.  This can take around six weeks or so to schedule, sometimes more. Usually each side has a deposition so that can tack on another month or so.

Beyond that, unless you need to subpoena information about wage records or schedule a witness, most cases can proceed once medical records are secured and depositions have been taken.  If you are receiving benefits, usually an Arbitrator will not rush your case if the insurance company isn't ready.  On the other hand, if you need surgery or aren't getting TTD benefits, once your case is prepared the case can be tried.

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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Most injured workers in Illinois have just one job.  In some cases however, a worker will have two or even three jobs.  This creates issues.

The most common issue relates to your average weekly wage.  You are entitled to benefits based on your earnings.   Whether or not you can include both jobs depends on whether or not the employer where you got hurt knows about the 2nd job.  If they did then you are good to go and your weekly wages for both jobs matter.  This will result in more money for you on TTD benefits and at settlement time.

If you clearly got hurt on one job (e.g. you slipped on a wet floor and twisted your knee) then there is likely no doubt as to which employer is responsible for your work comp benefits.  But what if you have a repetitive trauma injury to your back from lifting heavy boxes or carpal tunnel from typing?  If your job duties on both jobs are similar, how do you prove which employer should really be on the hook?

Sometimes to be safe we have to file a case against both employers.  Other times you know that one job is really working you harder or is where you notice most of your problems.  If one of the jobs is 40 hours a week and the other is 10 hours a week, the full time job is likely the employer to go after.  On the other hand, if your work week is fairly equal at both jobs, unless your doctor has a strong opinion on this issue it's hard to say who is responsible.

One of the first things we do for clients is see who the insurance companies are for the employers.  We've been in situations where the responsible employer wasn't clear, but then we noticed that the insurance company was the same for both of them.  That solved the problem really fast because in the end it didn't matter who was responsible.

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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Straight for the Illinois Workers' CompensationCommission presses:

New arbitrator assignments take effect on Sept. 1

Chairman Mitch Weisz announced the following changes in arbitrator assignments, effective September 1st, 2010:

Arbitrator Erbacci will be assigned to take over the entire Waukegan call.

This is a first step in trying to reduce the number of split calls.

Arbitrator Andros will remain in DeKalb and will take over Arbitrator Erbacci¹s duties in Wheaton.

Arbitrator Lee will cover Woodstock and one quarter of the Rockford call.

Arbitrator Lammie will take over the Chicago call handled by Arbitrator Lee

Arbitrator Fratianni will temporarily come to Chicago to handle the status call, pro se, and other matters currently handled by Arbitrator Lammie, whose long service in this area is appreciated.

Chairman Weisz plans to capitalize on Arbitrator Fratianni¹s years of experience to look for possible improvements. She will visit arbitration calls both in Chicago and downstate to help harvest ideas on best practices that we can work collaboratively to implement.

Additionally, effective January 1, 2011 the Lawrenceville call, one of the smallest calls in the state, will be discontinued. Those cases will be reassigned to Mattoon and Mt Vernon to minimize travel.

Bertha Parker is in the process of scouting a few new locations in sites such as Galesburg, Kankakee and Belleville to determine if more economical, suitable or reliable sites are available. If you have any suggestions for alternate locations, please contact her (bertha.parker@illinois.gov) as soon as possible.

As soon as the locations are nailed down she will begin preparing the 2011 schedule. 

Susan Piha

Manager of Research and Education

Illinois Workers' Compensation Commission 100 W. Randolph St. #8-200 Chicago, IL 60601

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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Before you should even begin thinking about what your Illinois work comp case might be worth, you should be thinking about three words: Maximum medical improvement, a/k/a MMI.

There is nothing more important in this world than your health.  MMI refers to you being as good as you can get.  In other words, no more medical treatment will improve your condition and typically, with the possible exception of some therapy or an annual checkup, you are discharged from medical care.

As a lawyer, until we know that you are as good as you can get there is not a realistic way to evaluate the actual value of your injury.  Perhaps you will have permanent restrictions such as no lifting more than 20 pounds; perhaps your doctor will tell you that you need a new line or work; perhaps (and hopefully) you will be able to do exactly what you used to do.  All of these things impact the ultimate value of a case.  But until you are at MMI we have no way to know how this will play out.  Your doctor might hint that you need a new line of work, but until you are as good as you can get we don't know for sure.

We don't give our medical advice, but it is common for clients to talk about maximum medical improvement with their doctors, not from a legal standpoint, but in terms of where they are going with their care.  If you don't feel your doctor is focusing on getting you better or you are not happy with your improvement, you have a right to a second opinion.

One final thought, being at MMI doesn't mean that nothing can be done to get you better.  For example, you may have a doctor that suggests you need back surgery, but you could decide that you don't want it.  It's not uncommon for a surgeon to say that back surgery is needed, but since the patient doesn't want it they are now at MMI.  Usually in those situations the doctor will have tried more conservative treatment first like physical therapy or cortisone injections.  Once surgery is the last resort, if you don't do it then it would make sense that you are as good as you can get.  Clients in those situations are often given permanent 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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We are Illinois workers' compensation attorneys.   We know a bit about other areas of law, but it certainly is not our expertise.  One area of law that doesn't have much to do with work injuries, but still comes up all the time is family law.  Here are five nuts and bolts to be aware of.  All of these tips are better clarified by a law firm that focuses on family law.

1. If you get hurt while working, any settlement from that is considered a "marital asset."  In plain English that means that if you get something from the case, your ex can make a claim to half of it.

2. If you have a child support order against you, it can and will get taken directly out of your lost time checks if your ex seeks that to happen.

3. If you owe your ex some money and get a settlement, even if it is for an injury after the marriage started, they can go after that settlement or your weekly checks.

4. If you are married and die while on workers' compensation, even if you were separated or in the process of divorcing, your spouse/ex can get a settlement for how the injury affected you.

5. If you die from a work related injury your spouse gets death benefits which could be terminated if they re-marry.  Your dependent children also receive benefits until they are at least 18.

All of these tips are based on your ex asserting their rights in court.  None of this is automatic.  If you have any questions of course just ask us.

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

 

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One of the disappointing legal trends in recent years has been "lawsuit funding" companies.  Basically if you have a case pending and these companies can verify what it might be worth some day, they'll give you a loan that is only paid back if you win your case.  If your case goes belly-up then you owe them nothing.

The catch is that they charge incredibly high interest rates.  So if you borrow $10,000 you might find yourself paying back $15,000.  Sure they are taking on a risk, but it's really predatory in our opinion.  Beyond that I think it's a ripoff.

We've had lots of clients ask us about this over the years and since we encourage honesty and are honest ourselves, we always are blunt in our response.  If a client gets this money or doesn't, the amount we as lawyers will receive doesn't change a bit.  So when we tell you that it's a bad idea it is truly sincere.

The only time we could ever envision doing this is if you literally are going to lose your home.  Even then we'd tell you to take a loan for the bare minimum.  It's just not worth 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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A reader asks:

I hurt my knee and am going to physical therapy.  I'm still working, but the insurance company said that if I skip work for the time it takes to go to PT, I don't get paid.  Is that allowed?

Typically your employer doesn't have to pay you for hours missed from work because you are attending physical therapy or going to a doctor unless you meet an exception to that rule.

Exception one would be if they are directing you to see a specific doctor or therapist.

Exception two would be if you can't possibly attend those appointments outside of working hours and there isn't a reasonable alternative available.  For example, most physical therapists are open until seven or eight at night.  If you get off work at 5:00 p.m. and would like to go home, that is not going to matter.  You either get PT during the day and possibly lose some pay or you go after work.

On the other hand, if the only therapy option has to take place during working hours then it is possible to get paid for that missed time.  This usually applies to people in more remote areas or people with very unique injuries that not all physical therapists can address.  Other times we see this with doctors that have their own physical therapy clinic and want to do everything in house so they can check on patients (and probably so they can make even more money).

For most clients who can work but still need therapy, it becomes a bit of an inconvenience.  But if you want to get healthy it's one that you have to deal with.

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

 

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A recent interesting case was decided at the Illinois Workers' Compensation Commission (we had no involvement in it).

According to reports, an iron-worker was working with his crew back in 1999 (I have no idea why this case took so long to get to trial) and because of the weather they had to stop working just before lunch.  The crew went to a bar and drank for about four hours.  The injured worker couldn't remember how many drinks he had, but admitted to several beers and a shot.

After drinking they went back to the job site and fell from a roof.  His blood alcohol level was said to be .248.  Despite all that the Arbitrator found in his favor even though the law states that being drunk usually kills the case.

The employer appealed and the Commission reversed the Arbitrator.  They said that under Illinois law if an intoxication is so significant that an injury will not arise out of your employment.  The Commission felt that the evidence showed that the fall was caused solely by him being so drunk.  He admitted to no memory of activities after leaving the tavern.  His alcohol level was three times the legal limit.  Medical tests ruled out head trauma as the cause of the memory problem.

On top of all of that, one of the petitioner's co-workers left the tavern and went home which indicated that he could have done that too.

We weren't there, but it certainly sounds like this guy deserved to lose his 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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The following is not my thoughts, but an interesting article by someone who works for an agency that represents Government groups in work comp cases.  My take is that many workers who didn't pursue cases because they were worried about their normal health insurance if they got fired will now feel free to pursue a claim.  I disagree that many people pursue workers comp as fraud because they don't have health insurance, but of course it has happened before.  Aside from workers comp, for most people the fact that around 44,000 lives a year will be saved and you can't be denied treatment b/c of a pre-existing condition will hopefully trump any bad points that are coming from this.  I'm sure it could be better and some day it probably will.

_____________________________________________________________________________

Workers’ compensation professionals have been following the health care reform efforts in the U.S. Congress with mixed feelings: there is hope that it will do something about rapidly escalating medical costs and at the same time fear that it might “muck up” the special nature of treating occupational injuries. With passage of the central reform bill (H.R. 3590) by both houses of Congress on March 23, 2010, the consequences for workers’ compensation become a bit clearer.

The first thing to note is that there is no language in the law that would directly and explicitly affect workers’ compensation. From the beginning of bill-drafting in both the House and Senate, it was clear that workers’ compensation was not an area that should get mixed into the reform process. Many feared a massive lobbying effort by the P&C industry to have workers’ compensation removed from discussion. As a result, the final bill (H.R. 3590) references workers’ compensation twice: 1) Section 2401, in connection with a mandate to have certain community health service agencies carry workers’ compensation insurance, and 2) Section 10109, which calls for the Secretary of Health and Human Resources to develop rules that will facilitate the exchange of financial and administrative transactions for the purpose improving the operation of the health care system and reducing administrative costs. This second provision deserves watching because it invites comments to the Secretary on whether this rule should include property and casualty insurance, including workers’ compensation.

While the direct impacts are absent, there are several indirect effects worth discussing.

First, the short supply and patient backlogs of primary care providers in some rural areas and in poverty stricken areas may well get worse, particularly after 2014 when penalties for going uninsured and tax credits to subsidize insurance purchase first kick in. This may produce access problems for injured workers as well. This is particularly true in states with extremely low fee schedules and/or demanding paperwork requirements. Fortunately, the current supply trends for specialists are much better than for primary care doctors, so the surge of newly insured patients may not impact access to specialty care as much.

Second, pharmacy costs may continue to rise robustly due to extra demand from expanded Medicare Part D coverage and the complete absence of price controls or re-importation options.

Third, some durable medical devices for injury treatment will cost more due to an excise tax imposed on some devices. The effect here is modest.

Fourth, by presenting the states with many billions of unfunded costs through the expansion of Medicaid coverage (about 15 million of the uninsured will get coverage through Medicaid eligibility), the legislation promises to create additional stress on already strapped state budgets. In most states, workers’ compensation administrative agencies are currently reeling under severe state budget cuts. Operating with position vacancies, lack of funds for new service improvements and no funds for travel or training will continue to hamper service delivery.

The following list contains other more speculative impacts on workers’ compensation.

First, there may be a slight reduction in claims frequency rates because more workers will have access to health insurance. This is highly speculative since the connection between general health coverage and the propensity to file workers’ compensation claims is scant; what few studies there are do not show a connection. More likely is the possibility, albeit a weak one that injured workers will be healthier because they have greater access to care. Healthier individuals would thereby pose less risk of injury at work and if injured, recover faster. Examples of this would be if obesity, smoking, depression, and substance abuse could be remitted or better controlled by general health care. I contend that the connection is weak at best but still something to consider.

Second, the legislation may add fuel to the already vigorous study and experimentation directed at better models for managing the coordination and delivery of medical care. The bill funds pilot programs experimenting with physician and hospital services under one coordinated manager and recipient of payment, inspired by the efficiency of organizations such as Mayo Clinic.

In addition, the reform allocates $500 million or more a year for "comparative effectiveness research." This could be a boon to workers’ compensation if it did indeed foster more evidence-based protocols on how to best treat certain high-cost occupational injuries and diseases.

These pilots, experiments and new payment models are mainly directed at Medicare expenditures. Their impacts on workers’ compensation seem limited in the short run.

Third, the overall effects of health reform on the economy and job growth would affect the growth of covered employment, claim and payrolls. Here, as in other areas, it is difficult to sort out the short and long term affect of the legislation. Given the magnitude of the federal deficit, especially Medicare, and the fact that health expenditures affect nearly a fifth of the U.S.’s economic output, there is a lot to worry about and hope for. Like the rest of the population, workers’ compensation may just have to “wait, see, and respond accordingly” as the reform initiatives are implemented.

---

Please note: this is an opinion piece written by Greg Krohm, Executive Director of the IAIABC.

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

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Ok, so this is cherry picked from a defense firm I know, but in case any of my readers own their own company . . .

The Illinois State Chamber of Commerce filed suit on April 22, 2004 challenging the constitutionality of the Illinois Workers’ Compensation Commission Operations Fund Surcharge that was levied on employers who pay workers’ compensation insurance. Subsequently, Jack Gore d/b/a Sabra Management intervened as a plaintiff on behalf of a putative plaintiff class of employers require to pay the Surcharge and sought leave to file a class action complaint requesting certification of a plaintiff and defendant class.

 

In November of 2004, the Circuit Court of Cook County ruled the Surcharge was unconstitutional and that Surcharge monies paid during the pendency of the suit be placed in a separate escrow account. The Illinois Supreme Court reversed the judgment that was in favor of the Chamber and remanded the case to the Circuit Court for further proceedings.

 

The parties have now reached a tentative settlement where $3.3 million dollars will be placed in a settlement fund for employers to claim a refund. The amount of the refund is limited to 45% of the Surcharge paid between July 1, 2003 and June 30, 2004 and 10% of the Surcharge paid between July 1, 2004 and June 30, 2009. Please note, on June 16, 2010 at 11:00 A.M., the Court will hold a final fairness hearing to consider whether giving final approval to the settlement. Please note, this hearing is subsequent to the deadline for employers to file a claim for a refund.

 

 

To be eligible for a refund, the employer must have obtained workers’ compensation insurance and been charged an amount on the premium invoice related to the Surcharge between July 1, 2003 and June 30, 2009. The amount refunded will depend on how much and when it was paid as well as the number of claims made. If the settlement fund is insufficient to pay all claims made, each claim will be prorated.

 

ALL CLAIMS MUST BE POSTMARKED BY JUNE 1, 2010. To submit a claim for a refund, employers need to submit a:

1.      Completed Refund Claim Worksheet

2.      Completed Refund Claim Form

3.      Signed Verification From

4.      Completed Form W-9 (available at www.irs.gov). Refunds cannot be processed without a valid From W-9 on file.

The above-reference documents can be found on the Illinois Workers’ Compensation website located at:

http://www.state.il.us/agency/iic/settlement.htm.

 

          With respect to the Refund Claim Worksheet, there are three methods in which the employer can compute the amount of its refund. Option 1 includes providing invoices for workers’ compensation insurance premiums billed to the employer from July 1, 2003 through June 30, 2009. Option 2 requires cancelled checks, bank statements, or other proofs of payment that establish the actual amount paid by the employer to obtain workers’ compensation insurance for the applicable periods. If the employer has neither type of documentation under options 1 or 2, Option 3 provides a formula to estimate the surcharge paid based upon the number of persons employed during each year of the applicable period. The formula is provided on the Refund Claim Worksheet.

 

          The application materials can be submitted via regular mail or as a pdf file via email. If sent by regular mail, the materials are to be sent to:

Robert Langendorf

Claims Administrator

134 North LaSalle Street, Suite 1515

Chicago, IL 60602

 

Applications being submitted via email as a pdf file are to be sent to:

robert.langendorf@gmail.com.

 

In conclusion, the amount received by each employer is contingent on how much and when payments were made and whether the settlement fund is sufficient to satisfy all claims. However, there is no detriment for employers submitting a claim for a refund in the event they were charged an amount on the premium invoice related to the Surcharge between July 1, 2003 and June 30, 2009.

 

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

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It is a felony in Illinois for an employer not to carry workers' compensation insurance.  Some employers try to be "tricky" and call all of their employees "independent contractors" as a way to get around that rule.  Of course if you are not truly an independent contractor (e.g. they control what you do, where you do it, provide equipment, etc.) then you get work comp benefits.

Other employers just simply break the law at risk of huge fines and jail time if they get caught.  They also face the possibility of having to pay all of the benefits of an injured worker which can of course cost greatly more than it would if they just followed the law and paid insurance.

If you suspect that your employer doesn't have insurance or if you are just curious, the Illinois Workers' Compensation Commission allows you to search on-line at www.iwcc.il.gov/coverage.  I also believe that you can report an employer anonymously if they are in violation.

If you do get hurt working for an uninsured employer, unless they have a really successful business or there was negligence on a third party that resulted in your injury, it can be a real challenge to find a lawyer who is willing to take on 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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A police officer that was apparently either permanently disabled on the job or very seriously injured just called me.  Even though he is not back to work, is getting weekly checks and has follow up appointments with his doctor, the insurance adjuster offered him $75,000.00 to end the whole case and told him that he only has 48 hours to settle, take it or leave it.

His wife is freaking out because that is a lot of money and they don't want to lose it.  Guess what, you won't.  There should never be an "under the gun" settlement in workers' compensation or really any other area of law.  This happens every now and then by some insurance adjusters who think they can "out-smart" and injured worker.

I told the officer that called me to just relax, not agree to anything and continue to focus on his health.  If you are getting weekly compensation, unless you know that you have another good paying job to go to and you don't need any more medical treatment, you should just focus on your health.

Everyone wants a great settlement, but you don't usually do that by agreeing to scare tactics or doing things fast.  Oh by the way, since the officer at the very least can no longer make close to what he would be making as a cop, we estimate that his case is worth at least triple of what was offered if not more.

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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Most attorneys are honest, but not the one that represents this reader:

We had a 19b hearing.  I was told by my lawyer that I don't testify at those hearings, I just wait and the lawyer tells the Judge what is going on and then the Judge makes a ruling.

That is of course 100% false.   What it sounds like is that the attorney was going to meet with the Judge and the other attorney to do what is called a pre-trial.  Basically each side tells their story and the Judge makes a recommendation.

You can't actually have a ruling without getting the chance to testify.

A 19b petition is known as a petition for immediate hearing. It's a great option if your workers' compensation benefits are being denied.  It's not a final trial, but an opportunity to have a disputed issue resolve.  It is a trial though and you as the injured worker have to be there to testify.

If your lawyer says that there is no way to take care of a problem until the case is over, ask them about filing a 19b motion.  Even if you case isn't scheduled for a hearing, this motion can be filed at any time.  If your case is in order a trial can happen and you can "have your day in court."

 

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

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Insurance companies have to pay you for the time you are temporarily totally disabled from working and must pay for all reasonable and related medical bills.  That said, you have to follow reasonable recommendations made by a doctor and can't do things that purposely hurt your claim.

Case in point, a friend of mine is representing someone who had a major injury and he is a nursing home for rehabilitation.  They have a rule that there is no smoking in the nursing home (something about not wanting to blow people up who are on oxygen).  The client didn't like that rule so he left even though he needs rehab and now his benefits have been cut off.

His lawyer can file a motion on his behalf, but you aren't going to impress the Judge if you are doing crazy things like that. 

Listen to your doctors and be reasonable.  It's as simple as 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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I have written before about the laws on attorney fees in Illinois workers' compensation cases.  Search "attorney fees" on my site for that post.  In general a lawyer is limited to 20% of what they recover. In the extended entry of this page I am providing all of Section 16 of the Illinois Workers' Compensation Act as it discusses attorney fees.  But I just got a call from someone who had an attorney settle a huge case and is being taken advantage of by what I think is a real jerk (I won't name him, but he's a big screamer at his clients and advertises everywhere.  You would probably know if he was your attorney).

Part of what the Act says is:

However, except as hereinafter provided in this Section, in death cases, total disability cases and partial disability cases, the amount of an attorney's fees shall not exceed 20% of the sum which would be due under this Act for 364 weeks of permanent total disability based upon the employee's average gross weekly wage prior to the date of the accident and subject to the maximum weekly benefits provided in this Act unless further fees shall be allowed to the attorney upon a hearing by the Commission fixing fees.

In plain English it means that if you have a really big case, your attorney might get less than 20%.  This has happened to me a couple of times.  On one case I got a $620,000.00 settlement for my client.  My client had a weekly TTD rate of $1,000.  That meant that my fee was limited to 20% of $364,000.00 or around $73,000.  That is not a bad days work to say the least.  I could have petitioned the Arbitrator and said that I did a lot of work on the case so I deserved more (for example I had to fly out of state to take two depositions of my client's doctors), but at the end of the day I still had a huge pay day, all of my expenses were reimbursed and my permanently disabled client certainly needed the extra money more than I do.

The lawyer I was called about tried to deny that his fees should be capped and in general, in my opinion, is acting like an ass.  From what I understand, the lawyer fees will still be in the mid figures and he didn't do a ton of work. 

There are mostly hard working good attorneys at the Commission.  Most care about their clients.  In 99% of cases lawyer fees should be 20%.  But if you have a huge settlement then you owe it to yourself to make sure you are getting every penny you deserve.

 

Continue Reading...

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A mechanic called us because he is mad about what has happened to some co-workers.  Long story short is that whenever they have gotten injured, the employer makes them go to the company doctor before they go to a hospital or doctor of their choosing.  In more than one instance these co-workers have been told that they are fine only to later find out that they have broken bones, herniated discs, ACL tears and other serious injuries.  The caller said that the co-workers were told that if they didn't go to the company clinic first (never mind that these particular docs appear to be negligent or hired guns) that they would not be able to receive any benefits.

So do you have to see the company doctor if you are hurt at work in Illinois?

While the employer or the insurance company has a right to make you see a doctor of their choosing for a one time examination with possible follow ups depending on the exam or the stage of the case.  But you absolutely do not jeopardize your rights to benefits by seeing a doctor of your own choosing first.  In fact, in some cases it's the smart thing to do. 

For example if you break your arm and it needs to be set right away, do you wait a day so the company doc can look at it?  Hell no!  Doing that could make an injury ten times worse.

We operate by two rules: 1. Always be honest.  2. There is nothing more important that your health.  So don't let your employer stress you out.  The law is on your side.

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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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.

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 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.

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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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 your 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.

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 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."

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 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.

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 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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We polled some Chicago workers' compensation lawyers and they all agreed that clients want to knonw what their case is worth more than anything else.  We use a formula based on when you were hurt, what your wage is and how serious your injury was to determine what the case is worth.   We do this by looking at your medical records and job status. Below is a copy of the chart we use: MAXIMUM NUMBER OF WEEKS FOR COMPENSATION
INJURIES OCCURRING:
Body Part	Before 7/20/2005                                11/16/2005 - 1/31/2006	7/20/2005 - 11/15/2005                        2/1/2006 or after
Man as whole	500	500
Disfigurement	150	162
Thumb	70	76
First (index) finger	40	43
Second (middle) finger	35	38
Third (ring) finger	25	27
Fourth (little) finger	20	22
Great toe	35	38
Each other toe	12	13
Hand	190	205
Arm	235	253
*Amp. Above elbow	250	270
*Amp At shoulder	300	323
Foot	155	167
Leg	200	215
Amp Above knee	225	242
Amp At hip joint	275	296
Eye	150	162
*Enucleation of eye	160	173
Hearing loss, one ear	50	54
Hearing loss, both ears	200	215

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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