Workers Compensation Lawyer in Chicago, Illinois Work Injury Attorney

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.

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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.

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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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