Workers Compensation Lawyer in Chicago, Illinois Work Injury Attorney

Sometimes people call us and they can't understand why they don't have a case.  This was evident the other day.  A caller had fainted at work and received a concussion.  She had no idea why she fell.  It wasn't too hot in the office.  She didn't actually slip on anything.  She just passed out.  Because it happened at work she wanted Illinois workers' compensation benefits.  We unfortunately couldn't help her.

Just because you are at work when you are injured doesn't mean you have a case.  You have to show that your work played a role in your injury.  If you just faint or have a stroke or a heart attack, you still have to show that you job contributed to your problem.

Some fainting situations are work related.  If you are up on a scaffold and faint and then get injured because of the fall, you have a case.  The fact that you were elevated will prove that your job contributed to the ultimate injury, assuming you actually fall off the scaffold.  If you are in a hot warehouse and pass out, we also can likely win your case.  Again, the job plays a role in your accident because of the heat.

But if your job had nothing to do with you getting hurt other than you just happened to be there then there is nothing that can be done 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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Is . . . . . .  an actual injury.

Workers' compensation is for on the job injuries.  I imagine most people that read this know that, but surprisingly (or maybe not) a lot of people don't.

I recently received a call from a trucker who was fired after his truck flipped over in a wreck.  He luckily had no injuries, but wanted to pursue workers' compensation because he was fired.  "I'm not getting paid any more, so that's my injury" he dead-panned to me. 

Unfortunately for him, that is only possibly a labor law case.  Had he even any injury at all it could have been a workers' compensation claim, but it's not.

Same holds true for the woman who called me two nights ago about being sexually harassed on the job.

If you aren't sure what type of case you might have, just ask.  We'll try and point you in the right direction if we can't help 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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What happens when an injured worker dies from something other than the job injury?  A reader asked that question the other day.  It's a great one and while I know the answer, I turned to an attorney we refer some death cases to as I see him as an expert on Illinois workers' compensation law when a worker dies, mostly because he has handled so many cases like this before.  Here is his answer:

When a claimant dies while her workers’ compensation claim is pending several different scenarios can play out depending on the cause of death.  If the injured worker’s death is unrelated to her pending workers’ compensation claim, the injured worker’s estate will be entitled to any award of permanent impairment she may have been entitled to if she had not passed away.  Since the concept of permanent impairment assumes future physical deterioration as a result of the work injury, however, the value of a settlement for permanent impairment may be significantly less than if the injured worker survived.

If the claimant dies of unrelated causes and is receiving weekly benefits as a result of a wage differential or permanent and total disability award at the Workers’ Compensation Commission, benefits will cease at the time of the claimant’s death.

Lastly, if the claimant dies of an injury or condition that was related to her job duties, however, her heirs may be entitled to death benefits if they can establish that they were dependent on the claimant as that term is defined by the Illinois Workers’ Compensation Act.  While the issue of dependency can be very complicated, death benefits can be quite substantial.  In fact, under certain narrow circumstances they could even represent weekly benefits to a dependent heir weekly for the remainder of that heir’s life.

Obviously, things can get very complicated during the pendency of a workers’ compensation claim if an injured worker passes away.  Therefore, we believe it is imperative that the claimant’s heirs consult with either the claimant’s existing workers’ compensation attorney if one was retained or that the heirs obtain their own experienced workers’ compensation attorney to help them navigate this often difficult course through the workers’ compensation system relative to any rights that they have that may survive the deceased claimant.

 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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Four days ago we blogged on independent contractors.  Low and behold, a case was recently decided that summarizes what we were talking about.  This is a summary by a well regarded defense attorney in Chicago.

In Skzubel v. Illinois Workers’ Compensation Commission Division, No. 01-09-0442WC, 2010 WL 1796802 (1st Dist. May 4, 2010), the court found the Commission’s decision that the petitioner was not an employee to be against the manifest weight of the evidence. The petitioner worked delivering Chicago Sun-Times newspapers for Four M every day for two years. Four M’s contract with the Sun-Times required it to deliver newspapers to the destinations by 6:30 a.m. The contract between Four M and its drivers stated that drivers were not employees. The delivery drivers would service a specific route and would use their own vehicle. Drivers could deviate from the route as long as the papers were delivered on time. Drivers were paid a set rate per paper delivered, which could be changed by Four M without notice to the driver. Four M would provide certain instructions on the manner in which papers were to be packed and to whom they were to be delivered and, in some instances, specific delivery instructions. Four M could also terminate the agreement at any time. The driver had to give seven days’ notice to cancel the agreement. The petitioner’s immigration status was pending when she began to work for Four M. Her husband signed the contract because she was not able to legally work. Checks were issued in her husband’s name. The checks were given to the petitioner. Four M admitted at trial that it knew the petitioner was making the deliveries.

The arbitrator found the petitioner was not an employee because of the fact that the checks were issued in her husband’s name. Accordingly, the arbitrator concluded that there was no contract of employment between Four M and the petitioner. The arbitrator also noted there was an issue as to whether the petitioner was an independent contractor but did not rule on the question. The arbitrator also found that because she failed to prove she was an employee, she failed to prove that the Sun-Times was a statutory employer. The Commission majority adopted the decision and further stated that she failed to prove accident without explaining the basis for that finding. The dissenting Commissioner found that the petitioner was an employee.

The appellate court reversed, finding the Commission’s determination on the employment issue was against the manifest weight of the evidence. The court agreed with the dissenting Commissioner that Four M knew the petitioner made the deliveries. Four M admitted that it knew she made the deliveries and that she was given the paychecks. The court found that Four M controlled the actions of drivers such as the petitioner by determining the work days and hours and such things as how the papers were to be delivered. The court also found it equally clear that the work performed by the petitioner was necessary to Four M’s operation as a newspaper distributor. The fact that Four M could terminate the agreement without notice was also a significant factor for the court, as was the fact that the work did not require any special skills. Facts such as that the contract labeled the relationship as principal and independent contractor, that the petitioner used her own vehicle, and that Four M did not withhold taxes and did not instruct her which route to take were not as significant.

The court vacated the holding that the Sun-Times was not a statutory employer because the decision was premised on a faulty predicate. The court also vacated the Commission’s finding that the petitioner failed to prove an accident and remanded the case to allow the Commission to make appropriate findings on the issue. The court noted that the conclusory statement in the Commission’s decision without setting forth any facts in support prevented the court from determining whether it was supported by the 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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The general rule is that you need to be an employee to be eligible for workers' compensation benefits. However, the definition of employee is complicated. Just because your employer tells you that you're an independent contractor, doesn't mean you can't get workers' compensation benefits.

1.  Employee vs. independent contractor

The difference isn't always clear. There are many factors to consider, including whether you have taxes taken out of your pay check, whether you can come and go as you please or if you have a schedule, whether you have a uniform, whether you have tools or other equipment given to you, and how much instruction your employer gives you in performing your job. Basically, the more control your employer has over you, the more likely you are to be considered an employee.

2.  Your employer doesn't get to decide

It's not up to your employer to decide whether you are an independent contractor for the purposes of workers' compensation. They may tell you you're ineligible, but just because a piece of paper labels you as an independent contractor doesn't mean it's the case. If there is a dispute, the Illinois Workers' Compensation Commission will decide based on the factors listed above.

3.   How an attorney can help

The law in this area is designed to prevent employers from avoiding the workers' compensation insurance requirement. However, they may try to avoid it anyway. If you believe you are treated as an employee, an attorney can help you prove 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 am a big believer in dealing with the law as it is as compared to the way I or anyone else wants the law to be.  This thought is clearly shown when discussing illegal immigrants who get hurt on the job in Illinois.

A caller told us the workman's comp law firm in Chicago that he consulted with said he would not get benefits because he was an illegal immigrant.  He wasn't being paid under the table so in every way but one he is like every other worker.  And like it or not, he gets work comp benefits.

The reason for this law is to discourage employers from hiring illegal immigrants.  Basically our legislators didn't want companies to have an incentive to hire illegals, e.g. they would hire them thinking that would be a way around work comp laws.

I personally think it's a good law although it doesn't deter anyone.  Unfortunately some injured workers are afraid to come forward.  We can't guarantee anything, but we have never heard of a worker getting in trouble with the Government because they pursued 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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A reader writes:

I have a 9-5 job as an accountant.  On the weekends I occasionally volunteer with my church.  I was carrying chairs to set up for a service and slipped on a wet floor.  Unfortunately I tore my ACL.  Some of the people I was working with were employees.  Can I get workers' compensation benefits?  I really just want it for the medical as the co-pays are killing me.

Unfortunately volunteers are not covered under the Illinois Workers' Compensation Act.  So there is no way to make a claim even if you were volunteering with actual employees.  The only possible case is a claim for negligence due to the wet floor.

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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About once a week we are contacted by someone who has been hurt while working and claims that there employer doesn't have workers' compensation insurance.  Usually this means one of three things:

1.  They really don't  have insurance even though it's a felony not to have it.

2.  There is insurance, but the employer is trying to scare off or discourage the employee.

3.  There is insurance, but the employer has convinced the employee that they are really an independent contractor and that they don't have a right to benefits.

If that happens to you, first you should go to www.ewccv.com/cvs to look up whether or not your employer actually does have insurance.  If they don't then you need to report them to the Illinois Workers' Compensation Commission and they will investigate the company.

Not having insurance doesn't take an employer off the hook.  They are still responsible for 100% of the medical bills and payment for TTD benefits for your time off of work as well as PPD benefits for how this injury will affect you in the future.  To be honest though, unless the employer is running a very solvent business, it is a real challenge to find an attorney to take on the case.

In addition, if you are told you don't get benefits because you are really an independent contractor, that might open up the possibility of a lawsuit against the regular insurance if negligence is involved.

These situations can be tricky.  If you are facing it or just have questions please contact 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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Hundreds of workers in Illinois get hurt every year because they miss a step.  Whether or not you have a case depends on what made you miss.  So if that happens to you, please think about it.

If you simply trip over your own two feet then you probably have no case.  If you miss a step for no reason, probably no case.  If you have no explanation as to why you fell, probably no case.

On the other hand, many cases lately wear a step was missed demonstrate what it takes to make a successful claim.

In one case, a doctor was rushing during rounds to see patients.  The Illinois Workers' Compensation Commission found that because his job had him on a strict schedule, he was at a greater risk than the general public.

In another claim, a sheriff won benefits when he mis-stepped.  His explanation was that he was distracted by a conversation with a co-worker.  That was enough to win.

We have seen other cases where workers were carrying files that contributed to them tripping and they all won their cases.  Of course if you fall because of a wet or greasy floor or uneven ground that would make your case a winner too.

If you know what happened that is great.   What you need to be careful of is not saying you have no idea what happened without looking at the accident area.  Always tell the truth, but don't guess as to what it is, especially if you are giving a recorded statement (which you don't have to do) or talking to an investigator.

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 got a nice e-mail from a client who was originally told by a "Chicago workers' compensation law firm" that he didn't have a case.

Long story short is that the client went to California on a business trip.  He was up early because of the time change and went for a workout.  The hotel had a basketball court so he got in to a pickup game.  Unfortunately he tore his ACL during the game and had to have surgery.

The first firm for some reason said this wasn't a case because it had nothing to do with his job.  That would be true if he wasn't a traveling employee, but he was.  This is a compensable case every day of the week and twice on Sunday.

Of course the first firm he talked to only dabbles in work injuries and apparently the lawyer who gave the opinion has only been licensed to practice for two years.  So he just didn't know any better.

Whether you go with us or any other firm, it is a good lesson that the attorney you hire should focus on Illinois work injuries.  Otherwise you are just asking for a disaster to occur.

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 get injured at the work place you have to show that it arose out of your employment (e.g. it was part of your work duties) and in the course of your employment (you were working at the time).  Showing that a fight is part of your work duties is usually the reason you win or lose a case.

If you and a co-worker get in to a fight over a girl, a sports team or some other random nonsense, it will not be considered to have arisen out of your job duties.  Even if you try to back out of the fight, if the fight itself isn't about work you will probably have a difficult time winning the case.

On the other hand, if you are fighting about who needs to do what with a job or something else that is work related, you will win your case as long as you are not the aggressor.  Who the aggressor is can be open to interpretation, but if you throw the first punch you are probably going to lose unless you were somehow backed in to a corner and given no choice.

If you don't start a fight that is about work, but beat the other person up after they hit you, while you might have some criminal problems, under the IL workers comp act you will likely win your case.

This is really a judgment call situation.  We never want anyone to make a conclusion from just reading our blog, but you especially shouldn't make a decision without having someone go over the facts of a fight.  Often each side will tell a different story so while normally witnesses aren't a huge deal in work comp, it is extremely important in fights.

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 am an actor part time and have a daytime desk job until I make it big (ha-ha).  The theater company says we are independent contractors and want us to waive our rights to workers' compensation benefits.  Should I do this?

You can sign a waiver, but it is meaningless as it is illegal to waive your right to workers' compensation benefits in Illinois.  No exceptions.  If you are truly an independent contractor, which I am guessing you are not, then it wouldn't matter to them anyway. 

If signing this form helps you keep your job then do it, but know that it can't be used to deny you benefits if you do get hurt on the job.

And of course this doesn't just apply to actors, but to any profession. 

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 no particular order, here are quick blurbs from recent decisions by Arbitrators or Commissioners on Illinois work comp cases:

-Officer who was directed to cross at a certain intersection to get to his job site won benefits for getting hurt in that crosswalk.  Basically because he was told where to go, getting hit by a car was seen as a work accident.

- A coal miner with a history of smoking won benefits for having chronic obstructive pulmonary disease (COPD).  As long as the job contributes to a problem you get workers' compensation and that is what seems to have happened in this case.

- TTD benefits were ended on a previously planned retirement date.  I wouldn't be surprised if this one ended up getting appealed further, but basically because she was already planning on resigning that ended the right to benefits. 

- Back injury leads to permanent total disability award.  In this one the claimant testified credibly about his pain and depression and provided supporting evidence of medical treatment, work restrictions that could not be accommodated and the ongoing use of pain relievers. 

- Reporting a case after worker got fired and exaggerating symptoms shows petitioner isn't credible so worker loses case.  We say it over and over on this blog, don't lie and don't exaggerate.  That along with reporting the accident so later killed this 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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I answer legal questions on a website where people can post questions for free.  Other lawyers answer as well.  Please note that I have no relationship with the attorneys that provided these answers, but it's interesting to see what other attorneys have to say and how they try to promote (or not promote) themselves.

Question: Do I need a lawyer if I tore my acl on the job?  So far the insurance company has paid me everything.

Answers:

1. I would definitely retain one.  You may have a Permanent loss due to the injury. At least consult with an attorney and see what your options are.

2. I  would strongly recommend you do obtain an attorney. You certainly can settle your case on your won with the insurance carrier, however; most times, they will offer you much less than what an attorney might be able to obtain for you. Additionally, you could have other rights that you might be giving up settling a case on your own that an attorney could otherwise advise you of. Feel free to contact me should you have any other questions or if you would like my thoughts on what your case might be worth. Thanks and good luck. 

3. Yes. I encourage you to look at my web-site (REMOVED BY ME) which has a section entitled Workers' Compensation FAQs (Frequently Asked Questions) for the reasoning behind why you need a skilled lawyer.

4.  The fact that they have paid your medical bills so far means nothing-they have an obligation to do so under the law and so it is not because they are "nice" that this is happening. The part you will see trouble with is when you are sent to the insurance doctor and he says you are fit to run a Marathon and your own doctor says you can't do anything but light duty. At that time, if you have not properly set up your case you will see how an attorney would have provided you with the proper benefits. Or, when the insurance company tells you that you have only lost 1% of a Man when in fact your loss is larger than that. Without an attorney, there is no way you can even remotely defend yourself against an adjuster who is trained and is an expert in short changing injured people because his bonus and part of his salary depends on the money he saves the company--that is the money the company should b paying you but it is not.

So, don't be fouled because they insurance company is doing what they have to so far. Best advice you can be ever given is to get yourself a lawyer--the ONLY person who will be on your side in this process (yes--even more than your own doctors).

I hope this helps.

5.  Dear Sirs, You have a number of benefits that can be obtained by hiring a highly qualified lawyer which include not only the benefits of workmen's compensation but also investigation into whether any additional defendants exist who can provide additional recovery to you.  We have been in existence for nearly thirty (30) years and should you wish to discuss please call our office.

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 uncommon for an injured worker to end up with depression or post traumatic stress.  If there is no physical injury that led to the mental problem, it is very difficult to win a case.  In other words, if you work long hours and your boss yells at you, a workers' compensation claim for depression is probably going no where.

On the other hand, if you end up depressed because of back pain from a work related injury, that is an additional part of your case.  Same things holds true if you suffer from post traumatic stress disorder (PTSD).

An example of that would be if you were in a forklift on the job and got your leg crushed against a wall.  You would have a work injury case for the leg injury.  If it led to PTSD, which is an anxiety disorder, then you would be eligible for medical treatment for that as well, payment for any time authorized off of work and compensation for the permanent nature of that problem.

People with PTSD have persistent frightening thoughts and memories of their ordeal and feel emotionally numb, especially with people they were once close to. They may experience sleep problems, feel detached or numb, or be easily startled.  Bottom line is that it's no joke.

Unfortunately many clients are afraid to speak up about their problems which is understandable.  Remember though that once your case is settled there is nothing we can do for you.  While your case is active we can get you 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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A few times a month we'll get contacted either by a traveling employee who was hurt in Illinois or someone that lives in another state like Indiana, works in Illinois, but got hurt on the job somewhere else.  When asking us if they have a case, the question usually goes something like this:

The adjuster told me that because my company is based in Wisconsin that is where I have to file the claim.  Can I do it in Illinois?

or like this:

They told me I was going to get Indiana benefits because that is where I live and got hurt.

To be crystal clear, an insurance company or employer does not choose where the case will be filed.  That is up to you if you assert your rights.  If they tell you not to do it in Illinois why do you think that is?  It's because it will save them money and it is in their best interest, not yours.

If you were physically in Illinois when hired, hurt in Illinois or your employment is principally out of Illinois then you can file in Illinois.  And compared to most states, our benefits and worker protections are far superior.

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 suffered a severe injury at work a few years ago and have been getting TTD benefits since then.  I can either have surgery or conservative care.  I chose not to have surgery and reached MMI and can not return to my previous labor job.  The insurance company says I am not eligible for wage differential or vocational rehabilitation benefits telling me that if I had the surgery I wouldn't have had any permanent restrictions and could have returned to my old job.  Are they telling the truth?

They are not telling the truth.  Under Illinois workers' compensation laws you have to follow all reasonable medical care, except that you can't be forced to have surgery.  So if you refuse physical therapy your benefits can be cut off, but no one can make you get cut open.

Choosing to have surgery or not is a personal choice that should be made between you, your loved ones and your doctor.  From our end, we insure that you get whatever rights you are entitled to under the law.  You lose no rights, including wage loss or vocational rehabilitation, by not having a surgery.

This reader simply needs to hire an attorney and file a trial motion.  A Judge will surely order that vocational rehabilitation take place and I suspect that once a proper attorney is in place the tough talking insurance company will back down.

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, accidents on the way to work or home after work are not covered under Illinois workers' compensation law.  In other words, if you are riding the train or driving in your car and get in to an accident, you can't successfully file a claim (note there is a big exception to this rule which would be a whole other post so call us if this has happened to you).

When you arrive to work or leave at the end of the day and are in the parking lot, however, you can technically be considered to be working.  If you have an accident from a slip and fall or anything else, you might be able to make a workers' compensation claim.

There are two key points to consider:

First, does the employer provide the parking lot for the employees?  If they restrict where you can park (e.g. an employee designated lot) then an injury from a fall is probably a case.  On the other hand, if it's a big public lot and you can park wherever you want, you are probably at no increased risk to that of the general public.  If so then the chances of prevailing are tougher.

The second point is do they maintain the parking lot?  If they own it and have to clean it or are responsible for the upkeep of the lot (even if they just contribute to it through rent payment) then accidents will probably be held to be work injuries.

This is all a very generalized statement of the law.  It's also important to know that any accident that is personal to you would not be covered.  In other words if you slam your hand in the car door that will never be an Illinois workers comp claim unless something about the job made that happen.  Most of the cases we are able to succeed on involve slipping on something icy or wet.

Does this sound confusing?  It can be.  If you have questions about parking lot accidents do not hesitate to contact 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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Ok, that sounds like a cheesy anti-DUI commercial, but it's true, at least when it comes to Illinois workers' compensation.

If you are drunk on the job and get in an accident because you were drunk (or high), you will not win a claim for workers' compensation benefits.  Strangely enough, if you are just sitting at your desk drunk and something happens (e.g. a forklift crashes in to you) that has nothing to do with your drunk state of mind then you'd probably have a case.

Traveling employees are actually allowed to drink on business trips and still win benefits if they get hurt unless they are sloshed.  In other words, if you are out of town for business and have a couple of glasses of wine at dinner, but then fall in the parking lot, you'd probably have a case if you didn't fall because of the drinking. 

On the flip side, a few years ago we got called by a trucker whose rig broke down at a rest stop.  He was stranded so he drank about 30 beers and fell out of his truck and blew out his knee.  That case is not a winner because while it's foreseeable you might have a beer, it's not foreseeable that you'd drink that much and put yourself in harms way.

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

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We recently were called by an injured worker who works for a company that is based on the west coast and was injured out on the east coast.  Kind of an odd trucking outfit in that he applied for the job on-line and without an interview got offered the position by e-mail with his first assignment.  No drug screen, no conversation.  Perhaps that's how things are going to be done these days, but when I first heard about it I thought it was quite odd and perhaps a scam.

But it's a legitimate company and he sustained a legitimate tear of his ACL in his left knee.  The question was does he have a case he can bring in Illinois?

To have the right to bring an Illinois workers compensation case you need to show that the accident took place in IL (not on this one), the employment is principally based here (nope) or the contract for hire took place in Illinois.   Contract for hire is deemed to be the last act necessary for the job to be offered. 

Since our guy was physically in Illinois when the job was offered and accepted he gets to pursue Illinois workers' compensation benefits.  This is significant for two reasons.  First, our benefits are great for workers, much better than most states.  Second, if he ever has to go to trial on his case he won't have to travel thousands of miles to a hearing location where he will also have to pay for a hotel.

Moral of the story is that if your employment has any relation to Illinois you can probably bring your case here and in the least it's worth investigating.

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 question of find the right lawyer for your situation.

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If you want to bring an Illinois workers' compensation claim you must do it within the later of three years from the accident date or two years from the last payment of compensation related to the claim.  Three years from the accident date is pretty clear except when you have a repetitive trauma injury.  The last payment of compensation can be trickier.

The exception to this rule that not everyone knows about is that last payment of benefits can also include health insurance so long as it is through the employer where you got hurt.  So if your employer has Blue Cross and you get insurance through that, if they have made payments in the last two years toward your work injury then it is likely not too late to file a case.

This also holds true if the workers comp insurance company has paid medical bills or TTD benefits within the last two years.

Of course you can avoid any statute of limitations defense by formally filing an application for adjustment of claim which is the paperwork filed at the Illinois Workers' Compensation Commission to formally notify your employer that you are bringing a case.   This is typically the first thing an attorney does for his clients.  You don't want to lose the ability to pursue a case because of a technicality.

 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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Let’s say your employer is based in State A, you were hired in State B, and you suffered a work injury in State C. You’re probably confused about where to file a workers’ compensation claim.

Our advice: file in Illinois if you can.

Illinois has worker-friendly laws when it comes to workers’ compensation. And you can generally file your claim here even if you haven’t been to Illinois in years. If your only connection to Illinois is that you were hired here when you first joined the company, even if it was 15 years ago, you can file your workers’ compensation claim here.

If you weren’t aware of this rule, and you filed a claim in another state, it may not be too late. If Illinois law entitles you to more benefits than you got in the other state, you can file here as well. Even if you closed your case in that other state, and even if you signed something saying that you couldn’t seek additional benefits, you can still file here. Only the Illinois Workers’ Compensation Commission can close out your Illinois work injury claim.

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

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Although Illinois is probably the most employee friendly state for injured workers, one injury that usually is not covered is stress.  I'm talking about the stress that comes from your boss yelling at you, having to work long hours, being under pressure for deadlines, etc..  That type of stress is legitimate, but under Illinois workers' compensation laws you can't receive compensation for any problem related to it unless it is part of a physical injury.  e.g. If your boss pushes you in the chest while yelling at you and that leads to panic attacks, that would be a case because of the physical act of touching you.  But if it's just yelling then it's probably not covered.

The exception to this is if the stress you experience is severe and shocking.  A recent caller to our office provides a good example of what we mean.

The caller bravely served our country in Iraq.   When he was there he was a medic and saw some terrible things such as bodies that had literally been torn apart.  He received counseling for that years ago, but has had that trauma pretty much under control for years.

Flash forward to 2009 and he works as an EMT downstate.  Long story short is that there was a fire with some charred bodies and he was part of the response team.  Seeing these bodies led to severe post traumatic stress disorder due to the memories of Iraq flooding back to him.  He has received psychological counseling that confirms this and is under a doctor's care and authorized off work.  It has been suggested that he change careers.

Seeing charred or dead bodies qualifies as severe and shocking.  Not everyone will have a stress reaction to that just as not everyone that lifts a heavy box at work hurts their back.  But if you do have a reaction and it's legitimate, then you have a 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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It's not uncommon if you get hurt on the job in Illinois for your company to send you to one of their doctors.  This could be for a one time independent medical examination or it could be a company clinic.   There are two important things to know about this.

1. You don't have to receive treatment with their doctor on an ongoing basis, but you can.  You are allowed two choices of physicians in an Illinois work comp case and since they are sending you to that doctor that is not considered one of your choices.

2. If their doctor says your injury is work related, you need surgery, etc., the opinion of that doctor is held against the company.  It's not a slam dunk that a Judge would agree with that opinion, but that is usually the case unless one of your choices says something different.  We often see a company doctor go against the company and then the insurance carrier tries to send you to another doctor to fight that opinion.  Technically they can do this, but it is seen as "doctor shopping" and would work against them at trial.  In fact while we don't guarantee a result, we have never lost a case where the company doctor was in the corner of our clients.

If your company wants to send you to a doctor of their choosing you should go, be honest and after it's over write down what happened.  A lot of our clients report that an independent medical examination took less than five minutes and that the doctor hardly asked any questions and didn't perform much of an exam.  These same doctors are the first to say whatever the company wants them to say.

Again, we can't guarantee a result, but we find that when our clients testify as to what really happened at these quick exams as compared with their doctor who spent more time with them, things usually work out for the best.

 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 lawyer we know called us for our opinion about a potential client of his.  The client lives out of state, but was in Illinois for work doing construction.  After work he went with his co-workers to a local bar.  He had one beer and began to feel light-headed and his tongue went numb.  The next thing he remembers is that he woke up in the hospital.  He had walked out of the bar, in to the street and was hit by a car.  He believes that his drink was spiked, but has no proof of that.

Under Illinois workers compensation law, most injuries sustained by traveling employees are covered as work related injuries, even if they occur after work.  In one famous case, a man went to Hawaii for a business trip and in his free time took a bike tour through a volcano.  He had an accident and received Illinois workers' compensation benefits.

The theory behind this law is that it's foreseeable that a traveling employee would go out and enjoy themselves.  The exception is when an employee gets drunk as it is supposedly not foreseeable that would happen.  We think the courts ruled this way because they don't want to reward accidents from bad behavior.

In this case the guy didn't get drunk (apparently his boss was there and confirms that he only had one beer), but can't prove that he was drugged as nothing showed up in his system at the hospital.

Our take is that unless hospital records show he was in fact drunk or under the influence of recreational drugs (e.g. cocaine, heroin, etc.) then he will be treated like any other traveling employee who is hit by a car crossing the street.  It's reasonably foreseeable that could happen and as a result he should win 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 question or find the right lawyer for your situation.

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After you are hurt on the job, it is not uncommon for your employer to ask you to take a drug test, especially if you are operating machinery.  This is legal unless you have a union agreement that prevents them from doing so.

That said, if you test positive for marijuana, cocaine or anything else, unless the insurance company can prove that you were under the influence of those drugs when you got hurt, there is no basis to deny your benefits.

It's not uncommon for us to have a client that took drugs on a Friday or Saturday only to get in an accident on Monday or Tuesday.  Those clients fail their drug tests, but that doesn't kill their case.

In fact, unless they have a witness that says you have been acting erratic or someone that will say they saw you take drugs or alcohol before you got hurt then it's for the most part a non-issue or at least it should be.

Alcohol is different in that if you are found to have a blood alcohol count above 0.0 then it's at least a sign that you weren't all there.  In that case we'd have to look at how you got hurt.  If you were just talking to a co-worker when someone hit you with a forklift then you'd still have a case.   But if you were driving a forklift and crashed in to a wall then you have some problems.

 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 is a Federal law that says if you work on water on a ship, barge, etc. that you have to file what is called a Longshoreman Harbor Workers' Compensation Act case if you are hurt on the job.  The problem with that is that you lose the benefits of the Illinois workers' compensation system that is great for injured workers.

A new case has changed how workers on water can pursue their injuries.  If your are on a barge or boat that doesn't move at all or is primarily land base, the Illinois Appellate Court has ruled that you are eligible to file for either Longshoreman's benefits or regular Illinois workers' compensation benefits.

The appeals court said that the plant barge was simile to a floating dock permanently affixed to the shore — a structure traditionally considered as an extension of land. The court found that the plaintiff was injured on a land-based structure and that therefore, the award of workers' compensation to the claim was appropriate.

If you are working on a barge or a boat that doesn't move or actually have an injury on land, make sure that you explore all of your possible options.

 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 question or find the right lawyer for your situation.

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Two recent scenarios we were presented with that have come up a bunch in the past:

#1 I was sitting at my desk all day, got up to stretch my legs and bent down to tie my shoe.  When I stood back up my back popped ad now I'm out of work with a herniated disc.

That unfortunately does not sound like a case as nothing about the job contributed to the accident.  If you are not at an increased risk at work for having an injury than you would be anywhere else then it is not a case.

Compare that with this:

#2 I had a pre-existing back injury for which I was off work.  My last MRI showed a bulging disc in my back at the L4-5 level.  The original injury was not work related.  First day back I picked up a box, felt a strain and now have a herniated disc per a new MRI.

That is a case because it is work related and even though the condition was pre-existing, the MRI's make clear that the job accident caused the problem to get worse.

 We are workers' compensation attorneys that help people with Illinois work injuries anywher 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 was forced to participate in one of those "team building" exercises.  Normally I'm a salesman, but for this a group of us went in to a conference room and did a bunch of time wasting activities.  In the "trust fall", my knee gave out when catching someone and I have a torn meniscus.  The insurance company told me that because it wasn't part of my job activities I don't have a case.  Are they right?

In short, no.  The key thing you said was "forced" to participate.  Would anyone do team building for any other reason?  Because it was mandatory for your employment it is part of your job activities even if it's not what you normally do.  Another example of how you shouldn't just trust what the insurance company tells you.

A similar question came from a caller recently:

I was offered a discount to join a health club through work.  It wasn't mandatory, but I felt like it was a good idea because my boss was doing it too.  Long story short is I tore my rotator cuff while working out.  Do I have a claim?

For that one we'd need to know more, but probably not.  It wasn't a mandatory activity.  Unless your job preparation involves working out e.g. a dancer, athlete, trainer, etc. then it's probably not a 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 reader asks:

I had hurt my knee at home and was at work on crutches.  As a "joke" (ha, ha) my co-worker came up from behind to try and tip me over.  End result is I twisted my knee worse and now have a torn meniscus that needs surgery.  The insurance company denied my case because they said it was horseplay.  Are they right or just lying to me?

They are wrong.  Under Illinois workers' compensation law, if you get injured while "engaging in horseplay", e.g. goofing off, your injuries are not covered.  The exception is if you either did not participate or were not a willing participant.

So if the co-worker had hurt himself then his injuries would not be covered.  But our reader was an innocent bystander who did not want to participate in the shenanigans.  We are confident that if we went before an Arbitrator that he would rule that the injury is work related and the insurance company has to pay for all of his related medical bills, all his time off work and for the permanent nature of his injury.

On a side note, even though he clearly had a pre-existing condition, because the work related accident aggravated it, the pre-existing problem should not matter.

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 case decided at the Illinois Workers' Compensation Commission shows once again that you never should let your employer or their insurance company tell you that you don't have a case because you are an independent contractor.

According to the case, a trucker who was issued a 1099 form and labeled an independent contractor, was really an employee who was entitled to benefits for his work injury.  He had a long, continuous relationship with the defendant, he worked full time and exclusively for the defendant and the defendant provided him with the equipment to complete his job.  They also had the right to terminate him.

Under Illinois law, this trucker was found to be an employee because the employer had control over him.  He had signed a form that said he was an independent contractor, but under Illinois law you can not sign away your rights to workers' compensation.

In other words, if it looks like a duck, talks like a duck and acts like a duck, it's a duck.  If you look like an employee, talk like an employee and act like an employee, you are probably an employee.  Don't let them tell you that you are 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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A reader asks:

Do you know how permanent partial disability is valued for contracting MRSA
or C-diff?

Those are two terrible infections.  But unlike a back injury or ACL repair, usually when you go through the horrible treatment for those problems, you are as good as new.  So how do we determine what your case is worth or is it even a case at all?

The reality is that permanent partial disability for the most part is a myth.  You can break a bone and it can grow back stronger than before, but you would still receive a settlement for that injury.  Same with MRSA and other internal injuries. 

Permanency is typically figured out by looking at your medical records, comparing your problem to past cases and seeing how this injury will affect you in the future.  Even with a full duty return to work and even if you are now feeling great, there is still some permanency.  Having those treatments weakens your immune system and could cause additional problems in the future.

We can't tell you what the injury is worth without a review of the records, but it is certainly worth something and most likely that something is somewhere in the five figures.  MRSA or other staph infections are known to come back too, so before you settle it's a good idea to make sure that you've been treatment free for many months.  You might still have it, but not be experiencing any symptoms.

So while we can't just give an answer that says your case is worth $X, you can bet that if you have MRSA, C-diff, etc. that is is worth something.

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

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If you are hurt on your company premises, but it's when you are taking a break and doing something like basketball or softball it wouldn't be covered as a work related injury.  In other words, if a group gets together at lunch and plays pick up basketball at the hoop provided on company property and you tear your ACL, it's doubtful that you could make a successful claim.

A recent case created an exception to this general principle (and it's why you should always seek out an experienced workers' compensation attorney because the law is always changing).

Back in 2002, a fitness supervisor for the Elmhurst Park District was on a break when he was asked to join in a Wallbally game.  This is kind of like volleyball played on a racquetball court.  The supervisor was asked to play and agreed to because without him there would not have been enough players.

Under Section 11 of the Illinois Workers' Compensation Act, employees can't recover for injuries during recreational activity unless they were ordered to particpate.  That is what the insurance company for the Park District argued at trial.

The supervisor countered that he felt promoting the District's activities was part of his job.  He lost at trial, but the Appellate Court agreed with him and compared him to a professional athlete in that the nature of his job is to participate in recreation.

If you get hurt at the company picnic or in a workout area they provide for you, you probably won't get anything unless it is mandatory that you participate or part of your job.  But as this case shows, the law is always changing and it never hurts to ask.

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 asked by someone if this type of accident would be covered under Illinois work injury laws.  The answer is it depends.

If you simply go to sit down in your chair and miss, that is probably not a case.  If you are sitting in your chair, lean forward and fall out, that is also not a case.  You have to show that there is some defect with the chair.

A defect could be that you sat down and it collapsed.  A defect could be that it slid forward because it was on wheels or a slippery surface.  A defect could be that the chair moves up and down and when you sat in it, it shot downward.

Of course there are exceptions to everything, but in general you must prove that some defect caused you to fall out of a chair.

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 are five recent examples from people who have asked us if they have work injury:

I am a teacher and we were allowed to bring in food for the last day of school.  I ordered pizza and when I went to the front of the school to get it, I tripped (couldn't see where I was going b/c of the pizza) and broke my ankle.  The insurance company says that since I wasn't required to get pizza and it's not a part of teaching that I don't have a case.  We think it is likely a case since the school was aware that it was happening and we believe that the school benefits from these parties taking place.

I am a pizza delivery driver.  I made a delivery to a party and since I new the kids having a party I ended up having a bunch of drinks.  I crashed the car on my way back to work and got a DUI, plus a concussion from when my head hit the window.  Do I have a case?  Even though you were driving for work, we think the act of getting drunk ends the chances of a winning case.

I went to the company Christmas party and while dancing I slipped and hurt my knee.  Assuming that it was not mandatory for you to attend the party, typically injuries sustained at work parties are not covered.

I was at a conference in Vegas.  After the conference we went to dinner and then dancing.  I didn't drink anything, but some drunk guy plowed in to me causing me to fall and hurt my knee.  This on the other hand is a case because the worker was a traveling employee, not intoxicated and it's reasonably foreseeable that a traveling employee in Vegas would go dancing at a club.  There is now way she should lose this case.

I hurt my back in April of 2008.  I returned to work, but was still seeking treatment for a herniated disc.  On my way to work in October I was in a car accident and ended up with back surgery.  The insurance company says this was an intervening accident and cut off my benefits.  We think the insurance company is wrong and there was a case almost exactly similar to that which supports our belief.  Even though there was an intervening accident, he was still under treatment and his doctor felt that his back was deconditioned.  This problem traces itself back to the original injury.  We think he will be able to secure benefits.  FYI, the fact that he was driving to work means nothing unless he was driving to a work meeting.

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 a good deed does not get punished.

In a recent case (not handled by our office), a worker at the now closed Circuit City was walking by a vending machine and noticed that his co-worker was frustrated because she couldn't get the Fritos she had paid for from the vending machine.  Apparently management was on notice that the machine would malfunction.  The worker, being a good guy, tried to dislodge the dangling Fritos and hit his shoulder into the machine.  As you can probably guess, a shoulder injury was the result.

The employer's insurance company denied benefits stating that this injury had nothing to do with the job.  After years of court rulings, the Illinois Appellate Court recently ruled that even though the worker's job didn't involve slamming his shoulder in to a vending machine, because he was a "Good Samaritan" he should receive benefits.  In a nutshell, the Judges said that it was predictable that someone could get hurt while trying to help a co-worker.  Even though he wasn't rescuing someone in the traditional Good Samaritan sense, he wasn't goofing off.  As a result he won.

The Court also said that because the vending machine was provided for the comfort of the employees, that had the injured worker been trying to help himself he likely would have won his case too.

Every case is different so we don't suggest that you ram your arm into a vending machine if a candy is stuck.  But the reality is that if you try to shake the machine, give it a hit with your hand and then butt it with your shoulder, if you get hurt you will likely win benefits.

Finally, we can imagine if this were to happen that an employer or their insurance company would tell the worker that they are not eligible for Illinois workers' compensation benefits because the injury wasn't a part of their job duties.  It's just another lesson that you shouldn't take the word of someone who tells you that you have no case, especially if they might have a financial motivation to tell you 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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Not sure what it is about September, but we've received a call similar to this question three times in recent days.  There is not a crystal clear answer, but most likely there is a case.

In an odd ruling, a Court in Illinois years ago said that one factor in deciding if this is a compensable case or not is whether or not you work in a dangerous location.  In other words, if you work in a high crime neighborhood it would certainly be a case. If you work in a nice boutique in the Gold Coast it might not be a case.  To prove this we often cite crime statistics or get a police officer to testify.

The reason for this (in our opinion it's silly) law is that you have to show something about your job led to the robbery occurring.  Being in a high crime location could be one reason.  Another reason could be that it's your job to handle money and you were the one robbed.  On the other hand, if you work in a shoe store in a nice neighborhood and just see it happen then it's probably not a case.

Even if you are in a high crime area or have a gun pointed at your head, you still need to show an injury.  Sometimes robbers will beat you up.  Sometimes having a gun pointed at you or the bad experience itself will cause a psychological injury that requires counseling.  If you get counseling or need medical treatment that will show the injury you sustained.  Be warned though that all of your counseling records can be viewed by the insurance company and attorney for the employer.

Finally, two callers have asked if they could sue because no security was provided.  Illinois employers do not have an obligation to provide security, but often do.  They don't usually do this for the employees, they do it to protect their financial investment in the store, bank, etc.

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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Occasionally we'll get a call from someone who is stressed out by their job, usually because of long hours or a boss that screams.  Other people have legitimate depression that is work related.  Under Illinois law do these people have a case?

Although we have probably the most employee friendly laws when it comes to work injuries, most psychological injuries are not compensable.  In the above examples, unless there is something physical involved, e.g. your boss screams and pushes you, then the case wouldn't be a winner.  The law is that a psychological injury from something that isn't physical is not covered unless it's sudden, severe and shocking.  The classic example is the worker who saw their co-worker's arm get cut off by a machine.   Witnessing that led to nightmares and post traumatic stress disorder.  That worker won benefits.

If you have a physical injury like a herniated disc in your back and then have legitimate depression because of subsequent weight gain, pain, job loss or anything else, that would be a separate injury that would be covered.  In other words, you would be compensated for your physical injury as well as your psychological injury.

Also, if your mental stress leads to a legitimate physical injury like a heart attack, that could be a case too.

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

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The Arena Football League is reportedly going out of business.  One of the players who got hurt in a game, but has never formally filed his case wants to know what to do.  The answer for him is the same for any other Illinois injured worker whose employer went belly up.

Even if your employer files for bankruptcy your case doesn't go away.  Most employers have paid for insurance that covers your claim.  If they were self-insured then the Illinois Employer's Guarantee Fund will take over your case.

The short answer is that unless you were working for an employer that carried no insurance at the time you got hurt, there is really nothing to worry about as long as we get your case formally filed with the State of Illinois.  It's possible that your benefits could get delayed, but the case itself will never go away.  And that is true whether you play football, install cable lines or sit at a desk all day.

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 client stepped down from a ladder and felt a pop in his knee.  He tore his meniscus and is scheduled for surgery.  He called just to make sure that the insurance adjuster who told him that his case was no compensable was telling the truth.

News flash.  The adjuster is not looking out for you.  Sometimes they are nice, sometimes mean, sometimes they ignore you, sometimes they act like a friend.  In every scenario they make money by saving their employer money.  They are trying to reduce the costs involved in your case.  They are not there to look out for you.

Having an attorney levels the playing field.  An insurance company isn't going to tell you that you have a case if they think you will believe that you don't.  For our new client there is crystal clear case law that shows he was at an increased risk to the general public when he got hurt.  In plain English that means his case is covered under Illinois work injury law and he wins.

We don't pick battles with insurance companies - we fight when we have to, but find that keeping things amicable helps our clients.  That said, we also don't listen to non-sense like them telling us what is going to happen if we go to court.  We know the law and if it's on the side of our clients we make sure that the law is enforced.

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 asked this question a lot by people who have an Illinois workers' compensation claim.  The quick answer is that almost every case entitles you to some sort of settlement.  Even in the most minor of injuries an insurance company will usually offer some dollar amount to make a case go away.

We don't take "minor case" such as back strains with very little treatment or finger contusions.  But even in those cases an insurance company will offer you something.

For the cases we do take, as long as the accident is related to the job activities we always are able to get money for our clients and more importantly we protect them.  By that we mean that we never resolve a case until it's the right time, we make sure that all bills have been paid and we consider how this injury will affect them in the future.

Some people call us and say that the insurance company told them that their file was closed or that there won't be an offer. As long as you get to us before the statute of limitations expires, we can "re-open" your case and obtain appropriate compensation or other benefits 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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One of the most common allergies is a reaction to latex products, most often latex gloves.  Some people develop such a severe allergy that just being around latex causes them to break-out, have trouble breathing and in the worst case scenario can cause a death.

If you work for an employer and then develop a latex injury, it is a covered workers' compensation claim in Illinois.  Your employer has a duty to take the latex exposure away from you and if they don't, they will have to pay you for your time off of work.  Either way they will have to pay for all of your medical bills related to this problem.

If you are having a latex exposure problem we strongly encourage you to get prompt medical attention, explain to your doctor (preferably an allergist) what is happening and follow their recommendations.

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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If you are injured on your way to to work or on the way home from the job, injuries are typically not covered under Illinois workers' compensation laws.  The exception is if you are a traveling employee.

Almost any injury involving a traveling employee is covered under the Illinois work comp Act.  In other words, if you are driving to a client site and get rear-ended then you get benefits.  If you are driving to your office and get rear-ended, while you can still sue that driver, you can't get workers' compensation help.

Being paid for travel to a job site is a strong indicator that you are a traveling employee.  In a recent case, a boilermaker died on the way home from a construction site.  Evidence that he was paid for the time spent traveling showed he was a traveling employee and was enough for his estate to win the 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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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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The Illinois Appellate Court recently ruled in favor of a Circuit City employee who hurt his shoulder in an incident with a vending machine.  The worker in this case was helping a co-worker who put money in the machine and had a bag of chips stuck in the machine.  To help the co-worker out he jarred the machine injuring his shoulder.

Now nothing about his job had to do with jarring the vending machine that was made available to both employees and the public.  But the court held that it is reasonably foreseeable that a worker would help a co-worker in this type of situation.  As a result Circuit City is on the hook for all of his lost time, medical bills and the permanent nature of his disability.  If he isn't released to full duty work, the insurance company with have to offer vocational rehabilitation because as you likely know, Circuit City is out of business.

Our take is that the Courts in Illinois aren't going to punish workers that get hurt while trying to help out.  In fact the Appellate Court even cited the Good Samaritan Law as why this worker should get 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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We just received a call from someone who works part time and hurt his back on the job.  His employer told him that he wasn't eligible for workers' compensation because he only worked 30 hours a week.  He asked if this is true?

No.

Same thing for the person that e-mailed asking if she could get benefits when she was hurt on the first day on the job.  First day, first minute you are covered.  Part time, you are  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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Under Illinois workers' compensation laws, if you fall on stairs or on the floor, it's not automatically a compensable case.  You have to prove why you slipped.

For example, if you are walking down the stairs at work and simply miss a step and fall, resulting in a broken arm, you would likely lose your case.  You have to prove that something about your employment caused your injury.  For example, the following scenarios would likely make your case a winner:  You were running to a meeting, you slipped on a wet stair, there was some other defect in the stairs, you were carrying a box for work, etc.

Similarly, if you fall on the floor, you can't just say "I don't know why I fell" and expect to win the case.  You must show that something about your job contributed to your accident.

Always tell the truth in these situations.  Do not give the insurance adjuster a recorded statement about what happened as they may try to manipulate the situation and make it appear as if your job had nothing to do with the 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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You are a Federal employee.  Those work injuries fall under a whole different set of laws.  In fact, we don't know of any attorney in Chicago that handles federal workers' compensation cases.  We are aware of one attorney in Florida that handles these cases throughout the country.

As we understand it, the government has more or less screwed employees and attorneys in these matters.  Apparently attorneys have to hope that their clients will write a check after they collect.

Hopefully some day the powerful unions that most Federal workers are in will act up to protect their workers.  Until then, if you are a post office worker, FBI agent or other US government employee we can't help.

Now if you work for the state of Illinois on the other hand you get the benefit of our great laws and we'd love to help 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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Every now and then we get phone calls from people who have taken a leave of absence because of stress, depression or some other psychological injury.  Unfortunately we usually can't help these people.

Under Illinois law, unless there is something physical that led to the mental injury, it's almost impossible to win a work injury case.  In other words, if your boss pushes you (which is a physical act) and that leads to a mental breakdown then you could have a case.  But if your boss is just a jerk and screams at you all of the time and that leads to a mental breakdown then it's probably not a case.  Might sound odd, but that's the law.

Typically the only time a mental stressor that leads to a mental breakdown can be covered under IL work comp laws is if the mental stressor is shocking and well beyond what is normal.  The classic example is a factory worker who saw a co-workers hand get ripped off by a machine that they both worked on.  This led to severe nightmares and panic attacks.  That case was compensable.

Of course, no matter what happened to you, we will always talk for free and give our honest advice.  Call any time, 312-346-5578.

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 can get what is called penalties and fees.   Essentially, if you are not getting your benefits and there is no good reason - such as a reasonable dispute as to the extent of your injury or how it occurred - then they can be punished.

In fact they can be punished as much as 50% of your medical bills, money for each day that TTD benefits are inappropriately denied and 20% for attorney's fees which puts more money in your pockets.

There are often legitimate reasons that cases are disputed such as an IME report.  But often insurance companies just do the wrong thing.  We are amazed that more attorneys don't take advantage of this law and take their cases to trial.  In a recent case, an insurance company had to pay more than $110,000 in penalties because of their awful behavior.

If you are getting screwed over for no reason the law is on your side.  Use it to your advantage.

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 typically make money because most people are too nice or too scared to find out their rights.

Take Jim (name changed of course) who called us today looking to find out if we could help a two year old medical bill get paid.  It turns out that on April 28, 2006 Jim blew out his knee at work and had ACL surgery.  The insurance company paid him for his time off work and paid for all of his bills except this one that had gone to collection.  When Jim called to ask them to pay the bill no one returned his call.

Jim was just going to pay the bill (almost $1,000) out of his own pocket, but as you know, times are tough.  Fortunately he called us and even more fortunate is the fact that he didn't wait much longer because come April 29th his case would have been barred forever.  Now not only will the bill get paid, but Jim is looking at around $35,000.00 for his injury.

Now I can't say for sure, but a pretty educated guess is that the insurance company new that if they could just delay Jim for a few weeks that they would be off the hook and Jim would be screwed.

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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My first trial many years ago I represented a woman who did semi-repetitive work on the job and per her doctor had carpal tunnel.  I was fresh out of law school and my boss at the time asked me to go to trial to get the experience.

My opponent was kind of an older attorney and didn't seem very organized.  We talked before the case went to trial and he was encouraging me to settle.  Young and confident with marching orders from my boss I told my client to decline the settlement offer.

I thought the trial went well as my nervous client testified well.  However, it was clear from the get-go that my opponent and the Arbitrator had a great relationship.  I was addressed as "counselor", my opponent was called by his first name.  During a break the two of them yucked it up.  Six weeks later I got the result and the case was denied.  To this date it's the only time I've represented an injured worker and lost a trial with no compensation (as discussed in this blog, that is no great deal as our firm only takes on legitimate injuries).

The lesson from all of this is that while the facts are important, the ultimate income often depends on things you can't control.  Because of this experience I launched www.findgreatlawyers.com to point people in the right direction for their case.  We have a state wide network of attorneys that helps people find the right lawyer for their case.  If you have a Lake County workers' compensation case, we will connect you with a lawyer that not only focuses their practice on job injuries, but has a great relationship with the Arbitrators up there.  Same for any other county.  This gives you the best chance of success.

Had my boss done the same thing in 1997 our client likely would have won her 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 are looking to speak with someone who either gave a gift with a gift receipt or received a gift with a gift receipt and returned it.  If that is you please let us know at (800) 517-1614.

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 posted about a client that got benefits for an accident on a mechanical bull while a traveling employee.  A reader was wondering if she would have recovered had she been drunk?

In general, being under the influence of drugs or alcohol makes your case not compensable.  The reasoning is that it's not reasonably foreseeable by an employer that one of their employees will be intoxicated while on the clock. 

Now it's probably also not reasonably foreseeable that an employee will get hurt riding a mechanical bull or falling into a volcano (see our previous post), but we really think that the Courts in Illinois wanted to draw a line somewhere and rightly or wrongly they drew it at being intoxicated.

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

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We just took on the Illinois workers' compensation claim of a woman who severely injured her shoulder while at a bar riding a mechanical bull.  She didn't work at the bar, so how is this a claim?

This woman is an Illinois resident who was hurt while attending a seminar in another state.  As a result she is considered a traveling employee.  The law in Illinois work injury cases is that if you are a traveling employee, almost any injury you suffer while traveling for the benefit of your employer is covered as a work related injury.  In this case, even though she was out at a bar, the woman wouldn't have been in the bar or the state where she got hurt if it wasn't for employer.

It sounds like a crazy law, but it is what it is and it benefits workers.  You could be showering at home getting ready for work and slip and wouldn't have a case.  But if you were at a hotel and fell you would have a case.

The law originally rose from a worker that got hurt in Hawaii while riding a bicycle around a volcano.

So if you are a traveling employee and get hurt, even when you aren't furthering the interests of your employer, you might have a 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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If you get hurt when working and are an independent contractor then you are responsible for paying for your own workers' compensation insurance.  If you don't have it then you are out of luck.

We've seen more and more lately that people who are classified as independent contractors by their employer really are workers.  They might call you an independent contractor, they might not take taxes out of your check, but in reality you are still an employee.

There are a few factors that come into play, but the number one test is whether or not they have control over you.  In other words, are you free to do what you want at the pace you want when you want or do you have to do what they say.

One guy that called us was threatened that if he didn't transport an unsafe truck that he would be fired and not receive any pay for the work he had done.  He continued driving the truck and it rolled over shattering his leg.  He hired us to file a workers' compensation claim and because the trucking company set his schedule and barred him from driving for anyone else we are confident that we will win the case for him.

Remember, just because you are called an independent contractor does not mean that is how the Illinois Workers' Compensation Commission will see it.  Describe your situation to us and we will give you an honest, un-biased opinion at no cost.

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 don't like to take cases over from other attorneys, but consider it when the lawyer is clearly screwing up, is someone we know doesn't fight for their clients or doesn't have a lot of Illinois work injury experience.

When we do take on a new client, we sign a contract that entitles us to 20% of whatever is recovered when the case is resolved.  It's the exact same contract you should have signed in the beginning of the case. 

The good thing to know from a client's standpoint is that even if you get a new attorney, the lawyer fees should never exceed 20% of what is recovered.  In other words, that is the most that ALL of the lawyers can get and it's up to the lawyers to fight it out as to who gets what.

So if you are looking to switch attorneys, we may or may not be able to help.  But don't hesitate to inquire because it won't cost you any more 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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One of the common mistakes people make is assuming that just because they were at work when they got hurt they have a good case.  You still need to show that your injury is work related and that something about your job put you at an increased risk for injury.

This rule is best demonstrated by someone who gets a spider bite on the job.  While most bites are relatively harmless, some spider bites can poison you or create severe health problems.  If you are bit by a spider and sustain an injury it is likely not a case because you could get bitten by a spider anywhere.  In other words, nothing about your job puts you at an increased risk for getting bitten.

On the other hand, if you work in an area where you have to roam through brush and get a spider bite (as compared to sitting at a desk, working in a factory, etc.) or bitten by tics, it is arguable that your job did increase your risk of getting bitten.

Almost every office worker we have seen with an insect bite case has lost.  Almost every case where a worker was out in a field or had a job where they could prove more exposure to bugs than the average person has won.

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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Proving that a heart attack is work related is one of the most challenging cases we can undertake as attorneys.  A case like that is the basis of how our office is set up in that who we recommend to handle your case depends on the type of injury that you sustain.

Like any other injury, we must prove that our client's heart attack was caused, aggravated or accelerated by their job activities.  We've seen cases where a heart attack occurred at home and the worker won and cases where the heart attack occurred at a desk and the worker lost.  Often these workers have significant aggravating factors like obesity, heart disease in the family history, smoking or old age.

What we do is make sure that your cardiologist has a clear understanding of your job duties are and how they contributed to your injury.  If you were working in extreme heat or cold, working unusually long hours, doing heavy lifting or inhaling fumes that is important for your doctor to know.  Knowing the process and properly communicating with your doctor is often the difference between winning and losing a 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 called by a cashier who has a foot injury that she and her doctor felt was caused by her being on her feet all day at work.  Unfortunately for her, this is one of the times that the Illinois Workers' Compensation law is not in favor of the worker.

The simple act of standing is not seen to put you at an "increased risk" to the general public.  Unlike someone who is on there feet and walks a few miles at work, most people stand throughout the day.  Because of that you likely will not win a case if your claim of repetitive trauma is because you have to stand all day.

There are many exceptions to this rule such as if you have to stand on uneven ground, where tight fitting shoes (e.g. steel toed boots), do excessive walking or go up and down stairs a lot.

Since every case is different if you want a free analysis from our office simply call us at (312) 346-5578.

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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Hopefully your company still has a holiday party.  Most of these events are volunteer occasions which means that there is no punishment if you don't attend, at least not one that is publicized.

If you are at the office party this year and slip on a wet floor twisting your knee or sustain any other injury it is only compensable under Illinois workers' compensation laws if it was mandatory that you be there.  Otherwise you have no case.

It's mandatory if there is some repercussion for not attending.  Plainly speaking that means if you are threatened with losing your job, forced to take a vacation day, not given a bonus because you didn't show up or clearly denied a promotion.  You have to have some sort of proof, not just a feeling that it's good office politics to attend.

Two things to think about:

1. If you were injured at an office party, but were there to entertain clients then you might be covered if you get hurt because that can be seen as an act of your job.

2. If you get hurt because of someones negligence you may have a personal injury lawsuit.  Usually you can't sue your employer for negligence, but this is one time when you might be able to.  And of course, if the restaurant where you got hurt caused your injury you could sue them too.

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

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The law in Illinois is that if you were hurt in Illinois, hired in Illinois or your primary place of business is Illinois then you can file for Illinois workers' compensation benefits.  That is important to know because the benefits for injured workers are usually better in Illinois than any other state in the country, especially our neighboring states like Indiana, Wisconsin, Iowa, Kentucky and Missouri.

One thing many people don't know is that if you were physically hired in Illinois that you can pursue Illinois workers compensation benefits.  That means if you are only in Illinois one day out of your life, but that was the day the last act to hire you occurred - job offer, signed employment contract, etc. - that you can pursue benefits through the Illinois workers' compensation system.  This is true even if you are hurt in another state.

Also, if you your employment is principally located in Illinois you can file your case here.  That is a little less clear than the first two examples, but usually means that if your main office is here or the majority of your time is spent in Illinois you can file for Illinois comp benefits no matter where your injury occurred.

Finally, even if you settle your case in another state or have received benefits through another state, you are still eligible to file a claim in Illinois.  If that isn't clear please call us at (312) 346-5578 for an explanation.

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 these tough economic times, many workers are worried that if they report a work related injury they will lose your job.  We understand that concern, but think that you have a bigger concern.  What happens if you are hurt on the job, don't report it and then can't work because of your injury.  By the time you report it, it's too late and you lose your job.  Now you have no job, an injury, no pay and bills for medical treatment.

In Illinois you are supposed to report a work related accident within 45 days from when you knew or reasonably should have known that it might be work related.  Whether it's talking to your doctor, your lawyer or your boss, honesty is always the best policy.  If you are fired because you have filed a workers' compensation claim in Illinois it is illegal and there are laws to protect you.

Our best advice is to look out for yourself and don't just think short term, but long term.  How will this injury affect you five or ten years from now, both physically and financially?

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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