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

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

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

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

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

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

1/31/12

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

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

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

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

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

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

Governor Quinn has appointed the following arbitrators to the IWCC:

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

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

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

1/29/12

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

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

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

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

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

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

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

1/17/12

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

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

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

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

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

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

1/5/12

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

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

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

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

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

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

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

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

1/3/12

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If you think that exposure to a chemical at work caused your illness or condition, you may have a case under the Occupational Disease Act.  This is similar to the Illinois Workers’ Compensation Act.  Both reimburse you for your medical bills and lost wages if your injury is work related.

In cases of chemical exposure, though, it can be very challenging to prove that your current health problems are related to your work environment.   The exposure is more difficult to investigate.  And because the symptoms can develop over a long period of time, it can be hard to show that other health conditions you may have are not the real reason for your illness.

If you are suffering from an illness that is related to your work, keep in mind that the chemical exposure at work does not need to be the sole cause of your illness.  You do not need to give up the idea of getting insurance benefits for your injury just because, for example, you are a long-time smoker.

Frequently the insurance company will point to other conditions or risk factors that do not related to work, such as smoking or other prior conditions.   And they will try to make the claim that because of these other factors, the chemicals at work are not to blame for your current condition.  Though the other complications may make your case for a work injury more difficult, you do not automatically lose your case.

What you do need though, is more medical proof to make a convincing case that the exposure in the work environment contributed to your disease or illness.  Cases have been won and lost on the amount and quality of the medical backing for the claim. 

For example, testimony from experts that a worker’s condition is the same at work and outside of work, and that others on the job site have similar issues can help to show a work cause.  Even if others at work only have very mild symptoms as compared to yours, that fact that your health makes your reaction more severe should not prevent you from proving a work injury.

On the other hand, a worker in Illinois recently lost a case because of the lack of medical evidence showing that the work chemicals caused the health condition.   Even though several experts pointed to the worker’s smoking as the cause of his illness, that alone would not necessarily have ended the case if there had been other strong evidence showing the chemicals made his health worse.

Because these illnesses can develop over time, you should not waste time in pursuing a claim if there is a chance that your health problems may have been affected by a chemical exposure on the job.  Most important of all of course is your health so above all else, head to the doctor ASAP no matter what is causing your problem.

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

 12/28/11

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Be careful out there. Happy holidays!!

12/25/11

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Workers’ compensation may cover a rehabilitation plan that will help you prepare to find a job, when your work injury has prevented you from continuing what you used to do.  This vocational rehabilitation can be a great opportunity to help you develop your skills and prepare for your future.  But the opportunity can be blown if it is not handled reasonably and diligently.

Vocational rehabilitation can provide you with services, such as job training, education, and job searching support.  But if you do not cooperate with the rehabilitation company, then you could lose your benefits, including your maintenance.  What can get in your way?  If you are not following through with the recommendations, you could be risking your benefits.  But also, your follow- through has to be reasonable and realistic.

The rehabilitation program is not necessarily going to completely change your career path altogether.  You can learn some new skills, and complete some education, and receive other supports.  But a worker recently in a case in Illinois, lost his maintenance benefits partly because his unrealistic job search efforts. 

He had been a meat cutter for a grocery chain, and did not have much of an academic record.  Yet on his job applications, he specified an unreasonably high salary request, and he was attempting to pursue management positions, for which he was not qualified.  On the other hand the rehabilitation company wanted him to pursue a literacy program that they thought would help him, and he did not do that.  He also did not make as many job contacts as was expected of him.

In other cases, benefits have been terminated where the vocational rehabilitation program recommended obtaining a GED and to research appropriate job sites, as well as for not handling interviews properly. 

What is generally expected to not run into a problem is to put out reasonable efforts at cooperating with the program.  But also, it should be done in a meaningful way to help the plan succeed.  Otherwise, your efforts at rehabilitation might not seem sincere, and you could risk losing your right to your benefits for the vocational rehabilitation and maintenance.  Even if your job search is not a success, your part in the retraining and applying should be genuine and reasonable.  If it’s not, it could literally cost you tens of thousands of dollars if the Arbitrator doesn’t like your approach to looking for work.

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

 12/22/11

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If you sustain an injury on the job, there is a chance some day that you will have to appear before an Arbitrator that will decide whether or not to award you work injury benefits and/or how much your case is worth.

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

12/20/11

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Clearly not everyone feels pain to the same degree, and the same injury may produce more pain in one person than another.  It would make sense, then, that treatment for the injury would be specific to each person.  Two workers with the same lower back strain from heavy lifting could take different periods of time to recover and be able to get back to work, if at all.

When you need to prove your case for workers’ compensation benefits to reimburse you for the full extent of your recovery, you want to be sure to not make some simple mistakes that could blow your case.  Since pain is real, and needs to be treated, yet it is subjective and needs to be proven somehow, the way you go about it can make all the difference.  In a case decided recently in Illinois, a mechanic who injured his back at work made some of these mistakes. 

First, he did not have medical testimony from his treating physicians that backed up his complaints of ongoing pain.  The physician’s reports lacked any medical basis for continued treatment, or for his current reduced functioning based on the pain he claimed to be suffering. 

In contrast, another very similar Illinois case where a mechanic suffered back strain and chronic pain, the medical testimony was specific and supported the worker’s claims.  He had two treating physicians that gave medical opinions that his injury was likely caused by heavy lifting on the day of the accident, and testified about his current limited functioning.  Also, the worker had continued to receive additional treatment to try to relieve the pain, including acupuncture and massages.

The second mistake the worker made in proving his case, was not conducting himself within what he claimed his own physical limitations were.  If you are in pain, and need further treatment and work limitations, then you have to limit your activities accordingly.  This worker did not.  When the insurance company used video surveillance to check on his activity, what they saw on the video was that he was doing things that were outside of his work restrictions, and that were inconsistent with his claims of pain.

When you are trying to prove this kind of a case, credibility is critical.  Any support you can bring in the form of medical testimony can help to show that you are not inventing your pain.  And you are only hurting your case if you try to push yourself too far and do activities that are not the type someone in your condition should do.  You lose the credibility of your own testimony about your pain, if you say you cannot bend and lift at work, and then you are out shoveling your snow---regardless of how much pain you are in when you do 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.

12/18/11

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Workers’ compensation insurance covers injuries that happen when you are on the job, but with some jobs, it is not so clear when you are working and when you are not.  Employees that are on call for their employers are waiting to be called into action, but not exactly working.  When and if an on-call employee is back on duty and back within the workers’ compensation coverage, is a question to be determined in each case.

Typically, an employee that is on call for the company is standing ready to work, but is not necessarily working during the periods of time that he or she is waiting.  The employer has to actually call the employee into action, for the status to change.  If you may be called to work, and you have your cell phone by you to get the call, that is likely not enough for an injury to be covered under worker’s compensation.

But when you are specifically called into action by your employer, at that point there is a shift in your status.  When you are once again under the control of your employer, then an accident that happens is more likely to be considered a work accident.

Police officers face a different situation when they are on call or even when they are off duty.  They can be called into action to perform job duties by more than just a call from their employer.  They can observe situations out in public that create a need to spring into action and perform their duties as an officer.

Whether the police officer is off duty and sees a troubling situation, or whether he or she is on call and monitoring the radio in case a scenario arises that should be responded to, the result may still be the same.  If a police officer’s job duties provide for vigilance and action whenever necessary, then the officer does not necessarily need to be specifically called to action in a particular situation for the situation to be covered by workers’ compensation insurance in the event there is an injury.

It is really the same analysis as other on-call employees.  Did the employer have authority over the employee at the time of the injury?  If the answer is yes, then you are more likely to have your injuries covered as job-related.  Your employer could have authority because you were specifically summoned back to work while you were on call.

Or your employer could have authority over you because, in the example of the police officer, your job contemplates you will act when needed to help others.

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

 12/16/11

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Mean boss, bad work environment, cruel coworkers:  a recipe for job-related stress.  But psychological stress injuries, even if caused by your job, are not generally covered under workers’ compensation in Illinois. 

Sometimes the stress and pressure from your job can cause you to suffer emotionally and psychologically, as it builds up over time.  This type of injury, though, without more, usually will not trigger workers’ compensation benefits.  There are a few additional factors, that if part of the picture, could change the result and allow compensation.

Instead of the cause of the psychological injury being stress that wears at you over time, if there was a sudden event that you could point to as the cause, you’re likely to have your injury covered.  This type of event could either be something physical or emotional. 

An example of a physical event that could trigger benefits, would be if your boss inappropriately hit or touched you in a way that caused you to suffer panic attacks.  In proving your case, you could point to specific incidents on specific days that began your psychological injury.

An emotional event that could trigger benefits for a stress injury, would be witnessing something sudden, severe, and shocking that occurred at work, such as the death of a coworker.  If, for example, you work in a factory and saw your coworker violently injured or killed by the machinery, you could suffer serious psychological injuries from this specific event.

Another type of stress injury that could be covered under workers’ compensation, that may seem psychological, really is, for the most part, physical in nature.  If your job stress has caused you to suffer a physical injury such as hypertension, then this is a different scenario. Here you are not suffering from a psychological injury, but instead, you have a physical injury that may have been brought about by the emotional stress of your job.  Even though there is a psychological aspect to your injury, your body itself can suffer and deteriorate as a result. 

Each of these stress-related job injuries has some other element to it other than a lousy job making you feel lousy.  That’s not to say that the way you feel from a stressful job isn’t significant.  Stress injuries can be very real and make it difficult to work--but Illinois workers’ compensation does not usually cover it.  That does not mean that you should ignore injuries that are related to stressful work situations.  Just as these examples show, there are those cases where, when you look at the total picture, you can justify getting benefits for your 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.

 12/6/11

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I recently spoke to a potential client who I declined to represent even though he sustained a major, life altering injury while sitting at his desk.   He had a stroke and suffers from partial paralysis now.  The reason I rejected his case is because there is no proof that his job contributed to the bad result.

In order to win an Illinois workers’ compensation claim, you need to show that your injuries arose out of and in the course of your employment.  In the course of means while working for your job.  He met that burden, but doesn’t prove that his injuries arose out of his job which means the job somehow contributed to the problem.

For example, if you are lifting a box at work and your back gives out, the injury is directly related to the job duties.  But for a stroke, it’s usually not the job duties that cause the problem to happen.  It would be different if he had a stroke while performing heavy labor, working in extreme heat or cold or doing something else unusual.  He did say that he had been working long hours and feeling stressed, but that alone is not enough to win a case.

We don’t enjoy turning away clients, especially nice ones with good injuries.  But we always tell the truth and the truth in this case was that the client couldn’t prove his job contributed to his problems.  Without that you have nothing.

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

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Weather-related emergencies are a reality of life, and injuries from these events may be unavoidable.  When you are at work, and nature strikes, there is a possibility that your injuries could be covered by workers’ compensation insurance.  But you’ll need more than just being on the job at the time, to turn an act of nature into a compensable injury.

Here in Illinois we experience our share of lightning strikes, tornadoes, and other violent storms.  When these events happen while you are on the job, any injuries you suffer could be covered under workers’ compensation insurance if there was something about your experience and your injury risk that made it unique to your job.

If you were working in a field where there were trees, and you were struck by lightning, you may not be covered.  The only connection to your job, was that you happened to be in a physical location that is susceptible to lightning strikes.  But the general public that is in the same area experienced basically the same risk that you did.  Workers’ compensation would likely not cover your injuries.

It could be a different result, though, if there was something unique about your work environment or circumstances that made the risk of a lightning strike more dangerous.  If some other factor specific to your job enhanced the severity of the situation, then your injuries might be covered.  For example, in one case an employee was working in a greenhouse during a major storm that involved thunder and lightning.  The worker injured in the storm had an expert testify about the unique nature of the climate and soil in the greenhouse, and how it increased the likelihood of injury beyond what others would experience.  These facts make a better case for the injury to be covered.

Similarly, there are situations where employees working in severe weather conditions are hit by debris or other objects.  Even though they were on the job when they were injured by the storm, if there was not some other factor related to a risk of the job, they may not be covered.  But in a case where a store manager was hit by a sign falling through the roof, there was a strong showing for it being a work injury.  There was evidence specific to the sign itself that made it particularly susceptible to wind damage.  Because of this heightened risk, an accident like this one may come within the coverage for workers’ compensation. 

The outside elements can be unpredictable, especially in Illinois.  But we all share that risk together.  Where your job environment and situation create a unique risk, then you may have a workers’ compensation claim if you are injured.

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

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A client who had been in a car accident during work hours wanted to know which way to go to recover money to compensate him for his injuries.  The other driver caused the accident, so he likely had a claim against him.  So should he file a workers’ compensation claim or file a lawsuit against the other driver?

Actually, Illinois law does not force you to choose between the two. The Illinois Workers’ Compensation laws have provided a system for injured workers to be able to pursue both claims, while ensuring that the money received is distributed appropriately.

Here is how it works:

If you are in an accident during work hours, you first want to determine whether you were covered by workers’ compensation at the time.  Were you driving for work-related purposes, or were you driving for your own personal reasons?  If this was a work-related trip, and you are covered by workers’ compensation insurance then you should be reimbursed for your medical expenses and missed work time.

But if the accident itself was another driver’s fault, then you may also have a claim against him or her.  The other driver could also be responsible for paying for your injuries and other damages from the accident, in a personal injury lawsuit.  These damages could include not only your medical expenses and lost wages, but also other measures such as damage to your car, and your personal pain and suffering from the accident which are not part of workers’ compensation benefits.

So now you have two insurance companies involved with this accident, each being asked to compensate you for your loss.  The workers’ compensation insurance can reimburse you according to the workers’ compensation law, and the other driver’s auto insurance carrier is involved in defending the personal injury lawsuit. 

To be sure the money that is paid for your injuries is not paid twice to you—once from each claim--your employer’s workers’ compensation insurer will have a lien on any money you recover from the driver in your lawsuit.  This means that they have a case to be reimbursed for what they have paid to you in workers’ compensation benefits, if you are paid from the 3^rd party for the same injuries.  The employer can be reimbursed for up to 75% of what they have paid in workers’ compensation benefits, with attorneys’ fees and costs taken into account.  This amount is often negotiable.

Bringing both claims gives you the possibility of recovering an amount that is larger than what you would get with workers’ compensation alone, because of the additional damages allowed in personal injury lawsuits that are not allowed in workers’ compensation cases.  Our philosophy is to explore everything and then decide what is best from there.  But as workers’ compensation immediately pays your medical bills and time off work, I can’t think of a time when we told a client not to at least pursue that claim.

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

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Workers who have been exposed to the chemical Diacetyl, which is used to increase butter flavor and taste in products and is largely found in microwave popcorn, may be at risk for the disease known as Popcorn Lung.

Popcorn Lung, or Popcorn Workers' Lung, is a disease where the bronchioles (small airway branches) are plugged with granulation tissue, causing lung usage to be as low as 16% to 21%, as opposed to the normal 80%.

Symptoms include severe shortness of breath, a dry cough and wheezing. Since these symptoms are similar to other respiratory diseases such as asthma or emphysema, a misdiagnosis can occur, and a second opinion is strongly encouraged.

The severity of symptoms varies from a mild cough to a severe cough. Also, the onset of symptoms can range from gradual to sudden onset. That is why it is important to see a doctor if you have been exposed to Diacetyl even if you feel fine.

By reducing exposure to Diacetyl, you may believe you are in the clear. However, Popcorn Lung is irreversible once it has developed and reduced exposure will not improve your condition. Patients may even require a lung transplant in severe cases.

Exposure to Diacetyl has been found to be one of the main causes of Popcorn Lung. However, exposure to polyamide-amine dyes and thionyl chloride fumes may also cause the disease. Also, it is not just popcorn manufacturers that use Diacetyl. It is also used in ice cream, candy, cakes and other products.

If you have been exposed to Diacetyl or any of the other possible inhalants that cause the disease, you should see a doctor to be tested for Popcorn Lung. Again, do this even if you feel fine and regardless of your role or the product produced in the plant.

If you continue to be exposed to Diacetyl or any of the other possible inhalants that cause the disease in the workplace, you should obtain and read the National Institute for Occupational Safety and Health (NIOSH) Booklet "NIOSH ALERT: Preventing Lung Disease in Workers Who Use or Make Flavorings" as well as see a doctor to be tested for Popcorn Lung.

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

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In Illinois, injured workers can receive workers compensation benefits for a variety of injuries. Just because you were hurt at the job in Illinois does not mean that you will receive workman's compensation benefits. Below are some examples of injuries that are covered by Illinois workers compensation laws.

Repetitive Trauma
Workers can recover benefits for injuries that result from repetitive movements when those movements are required for the completion of work related tasks. One of the most common types of repetitive trauma injuries is carpal tunnel syndrome, which usually results from constant computer use. Additionally, repetitive hammering with a heavy tool over time can eventually result in repetitive trauma injuries to the arms. Even standing for prolonged periods of time can constitute repetitive trauma to the legs if the standing is required to perform a job related task.

Traumatic Physical Injuries
An employee can receive benefits for a traumatic physical injury if it occurs while performing a specific work related activity. For example, when a worker falls off of a ladder and breaks a leg, that worker can receive benefits because the injury occurred simultaneously by a specific work related incident. Likewise, a worker can recover workers compensation benefits for hyper extending his or her arm while reaching up to restock a shelf at work. Work related traumatic physical injuries represent the most common claim in Illinois workers compensation law.

Occupational Diseases
When workers are diagnosed with diseases that result from exposure to elements at work that they ordinarily wouldn't have exposure to outside of work, they can recover workers compensation benefits. For example, a coal miner can sue for a lung disease that is caused by inhaling coal dust at work.

Mental Injuries
Workers can receive benefits for mental injuries that arise out of employment. There are two types of mental injures, those that arise out of emotional strain and those that arise out of physical injuries. An example of a mental injury that arises out of a physical injury is when a worker is hit on the head with a piece of equipment and suffers memory loss. An example of a mental injury that arises out of emotional strain is when an employee witnesses a hand amputation at work and suffers insomnia as a result of witnessing the event.

In our opinion, the best lawyers for work injury cases almost exclusively handle workers compensation matters in Illinois. Because they are focused on one area we believe that they are best suited to know the Arbitrator's and the laws and achieve the best results for their clients. Because these attorneys are focused on workers compensation, they are familiar with the laws and more likely to maximize the compensation awarded to their clients.

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

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Reaching out to help a coworker in need is admirable, but if you are injured while doing it, you may not be covered under Illinois Workers’ Compensation.  A recent case involving two coworkers on a lunch break highlighted that situation.

The two went out to a local restaurant for lunch while on a break from work, when the truck they were riding in wouldn’t start.  One of them got out to help work on the battery, when the truck lurched forward and hit him.  Because he was injured while trying to help a coworker during their work break, he tried to claim benefits under workers’ compensation, but was denied.

The act of helping someone else could fall within the category of the “good Samaritan” doctrine, which would allow for workers’ compensation benefits to cover an injury.  But it is not enough to be just a good and helpful person coming to someone’s aid.  For the purpose of workers’ compensation claims, your actions have to be the kind that your employer could foresee or anticipate; otherwise you were acting on your own and not in the course of your employment.

In this case, though it was a work-day lunch break, and he was aiding a fellow worker, there was no other connection to his employment.  Their employer did not have any reason to anticipate that he would be trying to jump-start another’s truck.  Also, they were on their own to choose the restaurant, they were parked in a parking lot that was open to everyone and not the employer’s property, and they were not in the process of doing something for their employer. 

The argument was rejected that since the employer did not have a policy against helping with a coworker’s vehicle, and had not told employees not to do it, there must be some level of acceptance for what he did.  Instead, it is basically the opposite:  if there had been a policy saying that employees are expected or required to come to the aid of their coworkers; then the result may be different.  In that scenario, the company policy would show that the employer anticipated and even expected that this could happen.

Similarly, if there was something special about the job or its location, that made it reasonable to expect that employees could need to come to someone’s rescue, the injury could be covered by workers’ compensation.   In these situations, a departure from your usual job duties to help someone could be expected or foreseeable.

But in a situation where the good deed is done without any direction or control or expectation by your employer, likely it is also done at your own risk, and may not create an entitlement for workers’ compensation benefits.

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

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Insurance companies are allowed under Illinois workers’ compensation rules, to send injured workers for an Independent Medical Evaluation (IME).  This may happen when you are receiving benefits for your injury and the insurance company wants to have another medical opinion about your injuries, your treatment, and the compensation for your injuries.

Even though you are required to go the IME appointment or risk losing your benefits, you aren’t required to have to pay for it yourself.  Not only are the time and place of the appointment supposed to be reasonable, but the costs associated with the appointments for the IME are required to be given to you in advance.  The notice of the time and place for the IME should include the costs for travel, meals, and lost wages if work will be missed.

A recent Illinois case highlighted the significance of the costs being paid in advance.  A worker got the IME notice, but instead of the money for costs, there was a statement that the travel expenses would be paid at the exam.  This is not what the law requires though.  Payment for travel for the IME should be given along with the notice.  And if the costs are not included, the worker does not have to go to the IME appointment. 

In this case, when the worker did not show up for the appointment, her benefits were terminated.  The insurer’s position was that benefits could be terminated because the employee did not fulfill her obligation to go to the scheduled IME.  But in fact it was the notice for the IME that didn’t stand up, and excused the employee from keeping the appointment.

The failure to prepay the travel expenses made the notice for the IME invalid, so the fact that benefits were cut off because the employee missed the IME date was unreasonable.  This can end up costing the employer more money.  If benefits are not paid in a timely way, and there is no reasonable justification for it, then they can end up owing you more money than just the original benefits you were entitled to.  So where they rely on the workers’ failure to go to the IME to stop benefits, this decision is not reasonable if it is based on their failure to send a proper notice with prepaid costs.

If you have any question about whether you can miss a scheduled appointment, it is better to discuss it with an attorney to be sure you won’t be hurting your case.  But if you are asked to go for an IME, you should not have to risk losing money on a promise to reimburse you later.

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our 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 new Illinois workers' compensation laws include a pretty big change in how injured workers choose their doctors.

Under the old law, an injured worker was entitled to two choices of doctors. Each choice included any additional health care providers that your doctor referred you to (surgeons, specialists, therapists). This is known as a chain of referrals, and you were entitled to two chains.

You still technically get two chains of referrals, but there is a catch. The new law allows employers to set up preferred provider networks, which is basically a list of doctors you have to choose from.

You can opt out. The law says you are entitled to reject the preferred providers of your employer, but there is a penalty. If you opt out of the network, you only get ONE choice of doctor. Opting out of the network costs you one of your picks. Your one choice still includes that doctor’s referrals, but that’s it.

So the new law limits the doctors available to you, and restricts your ability to change doctors. Employers aren’t required to have preferred provider networks, but they certainly have incentive to enroll in the program – it saves them (and their insurance company) money to have contracts with select doctors.

Like most of the recent changes in the workers’ comp laws, this one helps businesses and insurers and hurts injured workers. Having two choices is important because not every doctor-patient match is a good one. If it becomes clear that they aren’t the right doctor for you, you might not have any recourse.

Some exceptions to the rule: If your injury requires a specialist that is not available in your employer’s preferred provider network, you may be able to argue for an exception. Also, the workers’ compensation commission can approve a third choice of doctors if you file a petition and can show that the treatment you are receiving in-network is improper or inadequate.

The bottom line is that if your employer has a preferred provider network, you will have a list of doctors to choose from. If you choose to go outside of the network, it counts as one of your choices, and you will have only one left.   So be careful in order to avoid getting stuck with a bunch of medical bills.

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our 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 situation that starts our clear can end up muddy.  You are injured at work.  Workers’ compensation is providing you benefits while you are out of work and going through medical treatment to recover.  But then…another non-work incident happens which affects your work injury.  The question arises:  will workers’ compensation continue to cover your original injury, or has the new accident gotten in the way of your benefits?

In Illinois workers’ compensation, once it’s been determined that your injury was work-related, you are generally entitled to benefits to compensate you for that injury.  And the Illinois courts are not so quick to take those benefits away from you, just because some other accident or event happened while you were trying to recover.

After all, sometimes a second injury is more likely to happen, because of the weakened condition you were left in from the work injury.  There is some expectation that, even if you’re being very cautious, your first injury makes you more susceptible to experiencing some event which can either aggravate your old injury or cause a new injury.

Sometimes, though, the second incident that happens is not a consequence of your work injury at all.  Some other random event happens, such as a car accident, that affects your recovery from your original injury.  Even where the car accident was not caused by the work injury and the accident made your injury worse, workers’ compensation benefits have not been cut off. 

In cases like the unrelated car accident, the important question is whether the chain has been broken that links the work accident to the most recent injury status.  If there is an unrelated event in the chain while you’re recovering, it may shake the chain around a bit, but not necessarily break it.  You have to look at whether the current injury would not have happened the way it did, if there hadn’t been the original work injury. 

In the case of the unrelated car accident, even though the injured workers’ condition was made worse by the accident, had he not had the original injury, the car accident would not have had the same effect as it did.  He hadn’t fully recovered from his work injury, so he was more susceptible to the complications to his health that happened after the car accident.  

In other words, but for the fact that you had the first injury that was work-related, the second accident or event wouldn’t have caused the same harm to you that it did.   The non-employment event won’t break the chain of the employment injury, as long as your employment is still a factor in causing your current injury. 

You should, therefore, be able to continue to receive your workers’ compensation benefits for your work-related injury, even if you have had a subsequent injury—whether or not the second injury was caused by the first.  If there is a connection between your current condition and your original employment injury, then the intervening incident shouldn’t cut off your 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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So the other day I got a call from a woman who was looking for help in regards to the torn rotator cuff she sustained from a job injury in Chicago.  It was a pretty typical call in terms of her describing the accident, how she was sent to an IME doctor and the disagreement she was having with the insurance company.  Her case had issues, but it was nothing we don't see on a daily basis.

I was just about to discuss a meeting with her when she added one fact that shocked me.  It was something I haven't heard in my 14+ years of doing this.  Her case had gone to trial, the day before, and now she realized that she hired the wrong attorney and wanted a new one.

Uhm, I don't know who the best lawyer ever is, but even that person wouldn't have been able to do something for this woman.  Once your case goes to trial, that is it.  You wait for the Arbitrator's decision and go from there.  No new evidence can be presented and you don't get a do over.

I was honestly shocked because she casually mentioned it as if it wasn't a big deal.  I never blame a client for being naive about the process - I certainly am naive to many of my client's jobs - but this was really shocking.

The moral of the story is that if you are feeling un-easy that the lawyer you hired won't fight for you, if you don't switch before the trial (or even depositions) takes place, it is probably too late.

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

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Injuring your back or neck should never be taken lightly.  Getting the proper medical care for your best recovery is vital.  When your injury was work-related, safeguarding your right to getting workers’ compensation benefits for that injury can be an important piece of your recovery puzzle.  With the high costs of medical care, you want to be sure you receive all the benefits you are entitled to, so you can afford to have all the treatment you are entitled to.

With this in mind, it is important to have a strong medical record detailing the extent of your injury, and any evidence that it was connected to your work.  Often the strongest and most credible testimony and evidence for these injuries comes from medical doctors, as opposed to chiropractors.  That is not to say that chiropractors don’t perform a valuable healing function; but being under the care of a medical doctor that focuses on neck and back injuries can make a significant difference for you both medically and legally.

In an Illinois workers’ compensation case that was recently decided, the worker showed that merging the two practices proved to be the best of both worlds.  She received chiropractic care which helped her condition, and yet sought the opinions and treatment of several other specialists as well.

In this case, the woman performed cleaning services, and had two work injuries in one year.  Each time the pain began in her back and neck.  She was treated by a chiropractor after each incident.  The first time, the treatments allowed her to return to work as usual.  After the second injury, she continued the chiropractic care, because it relieved her symptoms, however she saw several other specialists as well.

Wisely, this worker knew, and was advised by her chiropractor, that she should get the care and opinion of medical specialists.  She was then able to get pain medication, physical therapy, injections, and an evaluation for surgery.  She had a detailed medical record, and several physicians that were able to testify about her condition and that it was related to her work.

The court upheld her workers’ compensation benefits, including the costs of her chiropractic care.  The judge supported the workers’ claim that the ongoing chiropractic treatments, while not curing her, were necessary to relieve the pain temporarily.

Neck and back injuries can be very serious, and lead to other complications.  It’s very important to get the medical care necessary to be sure you are receiving all the treatments that will lead you to your best recovery.  It is also important to help yourself to be able to get the benefits you are legally entitled to, in order to help you get that treatment

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

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In most instances, if you want to receive workers’ compensation benefits for your injury at work, you need to follow doctors’ orders.  You can’t disregard the medical opinions and still expect your employer to pay.  But when it comes to having surgery, the choice is still yours to exercise.  In Illinois workers’ compensation cases, you don’t have to subject yourself to surgery just to receive your benefits.

A caller was facing this issue and asked what his rights were.  He had gone through one surgery already, and it did not go well, so he didn’t want to risk a second surgery.  The insurance company was giving him pressure to have the surgery.  For the insurer, it seems like a bottom-line issue.  If you have the surgery, you could likely get better and get back to your job.  It could save money in future benefits. 

But for the worker facing the decision, it’s more complex.  Surgery involves risk, pain, recovery, and an invasion to your body.  You don’t want the insurance company dictating that you have to have surgery; even if it saves them money.  And fortunately, in Illinois, you can refuse the surgery, as long as your decision was reasonable and not made in bad faith.

In deciding whether your choice to refuse surgery is reasonable, it doesn’t matter if it could make your condition worse, or cost more money down the road if you don’t have the procedure.  It is reasonable to refuse surgery even if you are avoiding it out of fear:  fear of the consequences; fear of the pain; or any other legitimate fear.  Our Illinois courts have pointed out that the workers’ compensation system is there to support workers with varied beliefs and fears.  As long as the decision not to have surgery was based on a personal belief, reason, fear, or other good faith justification, you shouldn’t lose your benefits for exercising your freedom of choice.

For the caller facing this dilemma, the fact that he had experienced one bad surgery already, made it perfectly reasonable to choose not to try it again.  Even though surgeons can give their opinion that a surgery would likely produce a successful outcome, there are no guarantees.

As long as there isn’t any indication you are making your surgery choice out of bad faith, but instead it is based on reasonable personal choice, your decision should be supported by the workers’ compensation system.  If you have questions about this, just give us a call 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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We get a surprising number of calls from people who are told by their employer or the union that they have to hire a certain attorney. Or they are told that being in a union somehow alters how a workers’ compensation case is handled. Neither of these is true.

Being in a union does not change how this works. You file a claim, you are entitled to benefits. And you get to pick your own attorney. This is important because you want to hire someone whom you know is 100% on your side. The union officials might have relationships with certain attorneys, and maybe they get something out of referring cases. If they are insisting on making this choice for you, we see it as a red flag. That said, there’s nothing wrong with asking them to suggest an attorney or firm. It’s when they try to force you that you should be concerned.

This can be confusing, because union agreements do affect employment law, such as your hours or how disputes are resolved. But it’s not the case when it comes to a work injury.

When looking for a workers’ compensation attorney, focus on experience and familiarity with the arbitrators at the Illinois Workers’ Compensation Commission. An attorney who knows these key people, and who has been practicing in this area of law for many years (and who handles mostly work injuries rather than a wide range of cases), is your best bet, in our opinion. There are no guarantees, but it certainly can’t hurt.

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

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1. Occupational diseases are illnesses or conditions caused by exposure to something harmful on the job. In order to be eligible for benefits, an employee’s exposure has to be related to the job. Examples include dust, fumes, chemicals, radiation, etc. These cases fall under the Occupational Disease Act, rather than the Workers’ Compensation Act, although they are very similar.
2. Practically speaking, the main difference between occupational diseases and typical work injuries is the timeline. Exposure to chemicals can cause health problems years, even decades, after exposure, whereas a slip and fall at work is pretty straightforward. In occupational illness cases, extra effort is required to gather evidence, as exposure can be difficult to quantify.
3. In these cases, investigators can be used to gather evidence. OSHA investigates dangerous work conditions and can be a good way to get the evidence you need. Other times, an employer will cooperate, or an attorney will hire a private investigator to do some of the work. Whatever the method, the goal is to link your condition to your job.
4. If your doctor links your disease to your work, you are eligible for benefits, which include 100% of your medical bills, 2/3 of your average weekly wages if you are out of work because of your condition, as well as possible compensation if your injury is permanent. Even when a job is not the only cause of an illness, benefits should be available. The job just needs to be a contributing factor to the worker’s condition.
5. There are deadlines for filing claims for workers’ compensation. As soon as you suspect you have an occupational illness, get medical attention, and then talk to an attorney about how long you have to file a claim. Missing the deadline can end 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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Plantar fasciitis is a type of heel injury. The cushion can get injured or wear down. A common question from workers who develop this condition is: How do I know if my heel pain was caused by my job?

If your heel injury was caused by a single accident or fall, and it happened while you were working, then it’s likely covered. The trickier case is when your heel pain is caused by excessive use. If your job requires you to walk an excessive amount, or if you have to walk on uneven surfaces or wear specific shoes that caused the problem, then you are likely eligible for benefits.

On the other hand, simply standing to do your job is not enough, even if it did cause pain in your heel or foot. In order to get workers’ compensation benefits, you need to show that your job put you at a greater risk for the injury.

Plantar fasciitis also can be caused by age, obesity and diabetes. In these situations, your injury would still be covered if your job aggravated or accelerated the condition. If not, then it’s probably not considered work related.

Each case is different, but foot problems can last years, if not forever. Surgery is sometimes required. It’s possible that you may not be able to do your old job anymore. It’s especially important to file a claim and pursue benefits in these cases. Illinois law protects you and says that you are entitled to medical coverage, as well as compensation if you have to miss work (or can’t return to work) due to your injury.

Finally, consider hiring an attorney. You will get plenty of advice from your employer and their insurance company, but ultimately, they are going to be more worried about their bottom line than about your health.

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

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Because this type of injury develops over time, it’s not always clear when it starts or when it gets to the point where you should do something about it. Here are some quick tips:

-       Make an appointment with your doctor. It can’t hurt, and it’s the best first step to take. A common example of a repetitive trauma injury is carpal tunnel from typing. If your wrists start hurting consistently, it’s probably time to look into it.

-       Be completely honest, and clear, with your doctor. Explain what hurts, how it hurts, when you first noticed it, etc. Also explain your job duties and daily activities. Your doctor needs all this information in order to link a possible injury to your work. And without this link, you aren’t going to get worker’s compensation benefits.

-       You must tell your employer. You’re required to notify them within 45 days of the injury. Don’t wait until the last minute, and make sure to put it in writing. If you don’t notify your employer, or don’t do it by the deadline, your claim can be denied. In repetitive trauma cases, the deadline isn’t always clear because the date of injury isn’t clear. A good rule of thumb is to notify your employer as soon as you realize that your injury is related to your job.

-       If your doctor gives you specific instructions on what you can and can’t do at work – called work restrictions – follow them closely. You can hurt your case if you go against your doctor’s recommendations. You can even lose your claim altogether.

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

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If your work injury leads to a secondary injury – infection after surgery, for example – it should be covered by workers’ compensation. If you hadn’t received the initial injury, you wouldn’t have the related injuries, so Illinois law allows the worker to receive benefits for both.

The range of secondary injuries is broad: bad reactions to medication, injury to another body party during physical therapy, hurting your arm from having to use crutches, contracting an infection or other illness during a hospital stay, surgical errors, etc.

Initially, you shouldn’t be surprised if the insurance company denies responsibility for your secondary injury or condition. It’s going to cost them more money, so it’s in their best interest to say it’s not covered. Don’t take their word for it. The law in Illinois says that anything arising from your work injury also should be covered. In our experience, this ends up happening, but sometimes you have to fight for it.

If your employer suggests using your group health insurance for a secondary injury, or the insurance adjuster suggests using Medicare, check with a workers’ comp attorney before following their advice.

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

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Working around warehouses or storerooms where boxes are stacked, you know there’s always that chance that something will fall.  If a heavy box lands on your foot, you may develop a Lisfranc joint injury.  That’s the bony area on the top of your foot.  When you injure the Lisfranc, you can have a sprain, fracture, or dislocation. 

In addition to dropping something on the top of your foot, you can also have a Lisfranc injury from a car accident, or a running or twisting incident.  The result can be very painful, causing your foot to swell or bruise.  In more serious cases, you can have difficulty bearing weight on your foot.

If you suspect you may have a Lisfranc injury, you’ll want to get to an orthopedic specialist for a proper diagnosis.  This can be critical for two reasons.  First, it’s an injury that is often hard to diagnose.  It may not be apparent from a typical x-ray, and a further scan may be ordered.  Second, these injuries can lead to further complications like arthritis.  Treating it early and properly can be a big help to your overall recovery.

For a more minor injury, rest and pain medications may be enough.  You may need to wear a cast and avoid putting weight on your foot.  Exercises could be used later to help rebuild strength and motion in your foot.  Sometimes, in more severe cases, surgery is needed.  Following your doctor’s treatment recommendations can help to avoid a prolonged recovery time or developing arthritis.

During this healing time, you should be entitled to Illinois workers’ compensation benefits to reimburse your medical expenses, and to recover lost wages.  We recommend lawyers with Lisfranc experience who understands the complicated medical issues involved.  Please contact us if you have any questions or would like to find out what you may be able to recover for your 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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If you work at a job that involves frequent bending of you wrist or grasping with your hands, you may be at risk for developing carpal tunnel syndrome (CTS).  This is an injury to the nerve that goes from your forearm to your hand. 

CTS causes pain, numbness, or discomfort in your wrist, and can even travel up your arm to your shoulder.  You may experience loss of control of your hand, and have trouble handling objects. 

More than eight million people are affected by CTS across the country.  And since it’s most frequently caused by the stress of repetitive movements on the job, workers are turning to the workers’ compensation system in large numbers to recover what they’ve lost because of the injury.  In addition to repetitive motions, CTS symptoms can also be triggered by a single trauma to the hand or neck.  

If you experience pain or numbness in your hand, arm, or shoulders; or if you’re having difficulty grasping objects, you should see a doctor that’s very knowledgeable about CTS.  Sometimes even the tests that are run to diagnose CTS can be wrong, and miss a case.  So it’s important that your doctor is experienced in seeing the signs and is able to properly diagnose and treat your CTS.

Treatment is focused on reducing the swelling and relieving the nerve pressure.  Catching the condition in its earliest stages can be very helpful in treating it more easily and quickly, and without surgery.  If it has not gotten too severe, your doctor may prescribe a splint, and/or anti-inflammatory medications to help reduce swelling and relieve pressure.  More severe cases can require cortisone injections or surgery.  The surgery is fairly common and not too invasive.

Regardless of the treatment plan, if your CTS is related to your work activity, workers’ compensation benefits should reimburse you for your medical costs, including co-payments and out of pocket expenses.  You should also be able to recover lost wages for the missed work time your treatment requires. 

Hiring a lawyer who is highly experienced in workers’ compensation law and in particular hand and wrist injuries, will help you be sure that you are getting the maximum benefits that are allowed under Illinois law for your injury.  If you would like to find out more about what may be due for your injury, or have any questions, please contact us.  Our lawyers are highly experienced in this area and would be happy 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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In some states, injured workers don’t get to choose their doctor. The employer – and the employer’s insurance company – gets to pick. Illinois law, on the other hand, leaves the choice up to the injured worker, for the most part.

If your employer tells you who you must see, you do not have to agree. In fact, it’s usually in your best interest to see your regular doctor, whom you already know and trust, rather than a physician chosen by the insurance company. Your priority is your health and recovery. The insurer’s priority is quite different.

Although Illinois law allows the worker considerable choice, there are limits. The law says that an injured worker can choose two doctors. If they decide to see a third after that, it must be approved by the employer, or it won’t be covered. The two-doctor rule does not include referrals. You basically get two chains of doctors – each chain being the doctor you choose and anyone they refer you to. Seeing a doctor for emergency care shouldn’t count as one of the two.

Another thing to keep in mind about medical benefits and treatment in Illinois is that anything related to your injury should be covered 100%. There should be no co-pays or out of pocket costs.

The insurance company may assign you a nurse case manager. This person is not in charge of your medical treatment. They should not attend your doctor appointments – and you should refuse if they ask. And they don’t get to talk to your doctor about anything except requesting medical records.

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

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If you are injured at work, and you notify your employer (which you should always do as soon as possible), your employer is supposed to file a Form 45. This form, called Employer’s First Report of Injury, requires them to list the details of what happened when you got hurt.

It’s not uncommon for an employer to fail to do this, especially in a small company. Some employers don’t care, or they aren’t aware of the form in the first place. In other cases, the employer doesn’t want an official record of your injury because they’re hoping to avoid a claim. Illinois law says that an injured employee must notify their employer within 45 days after a work injury. When an employer files a Form 45, it shows that they had notice. If they don’t file this form, they could later try to say that you didn’t give them proper notice and that your claim should be denied because of it.

The best thing to do is make your own record of the notice. Send an e-mail, or write a letter (keeping a copy), that has the date and a brief explanation of what happened. It doesn’t have to be overly formal, and it doesn’t have to be on an official form. Just make sure you give the notice and make a record of it somehow. If your employer later tries to argue that you didn’t tell them within the deadline, you’ll have proof that you did.

Some injured workers think their injury is too minor to require taking any action. Some people are embarrassed, or afraid of being fired if they make a big deal out of it. Notifying your employer is a small task, it can be done with a quick e-mail, and it could save your claim if you end up having one. Try to think long term.

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

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 For carpal tunnel claims after June 28, 2011 and all other injuries from September 1^st on, new laws are in place for workers’ compensation claims.  One of the new rules is that the AMA settlement guidelines, which screw workers, have to be considered as part of the settlement process.  It’s not the only factor or the main factor, but some attorneys have been worried about how this will effect the value of claims for their clients.

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

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Many jobs involve exposure to fumes in the workplace that can make you sick, and can even cause an injury or damage to your health.   You can have a claim for workers’ compensation benefits for your injuries caused by these fumes in many cases.  Even where the exposure is not typically the kind that you would expect would harm you, you may still be able to recover benefits.

Not all fumes affect workers the same way.  Sometimes co-workers are not bothered, but you may be more sensitive and experience health problems from the fumes.  Or perhaps you have another, unrelated health condition which makes you more susceptible to the fumes causing you harm.  Either way, your entitlement to workers’ compensation benefits in most cases should not be affected.

For one Illinois worker who was a smoker and a diabetic, inhaling fumes at work was found to be a cause of his severe pneumonia.  Even though the smoking and diabetes had lowered his ability to fight infection and made him more susceptible to getting pneumonia, the result was still the same.  The fumes at work made the health condition a work-place illness.

The reason for this is that the Illinois workers’ compensation system deals with the injured worker as a whole:  preexisting conditions and all.  A worker with a health condition that is made worse by inhaling fumes at work isn’t penalized just because of the prior condition.   Likewise for the worker that is particularly sensitive to the fumes.  If the workplace is a cause of the health condition, then benefits should be available.

There are some limitations to this rule though.   For it to be a workplace injury, the exposure that you’ve had needs to be related enough to your job that someone in the general public wouldn’t experience the same thing.  Even if the fumes in fact caused your health problem, if they weren’t different than someone who did not have you job duties would experience, then benefits may not be available.

For example, a worker had a reaction to fumes while involved in a remodeling project.  But the same reaction occurred by that same worker outside of the workplace as well.  So it was fair to conclude that there was nothing special about the workplace that caused the condition.

Also, recently in Illinois, a worker was denied benefits when she claimed that workplace fumes made her preexisting condition worse.  The fumes, though, were determined to be from ordinary products that anyone outside this work environment could also be exposed to.  This particular worker had an unusual reaction.  But it was not a workplace condition, because the worker wasn’t exposed to something that was unique to her job. 

When you’re hurt by fumes in the workplace, you can still get compensation for your health problems if your preexisting condition made it more likely for you to be affected than another worker.  But if you reacted in a severe way to an ordinary and common exposure that was not unique to your workplace, you may not be able to recover 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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You’ve had an injury at work, and you’re trying to heal.  But a painful condition can add injury to injury and complicate your recovery.  This syndrome—Reflex Sympathetic Dystrophy is also known as “Complex Regional Pain Syndrome” (CRPS).  It’s a chronic neurological condition, where the nervous system has abnormal functioning after an injury.

While you’re trying to recover from your injury, if it doesn’t seem to be healing properly, you should notify your doctor.  This is especially the case, if you have severe burning pain, changes to your bone or skin, excessive sweating, swelling, or extreme sensitivity to the touch. You may be experiencing CPRS, and early detection and treatment can be critical for combating the condition. 

Your doctor will examine you and take a detailed medical history.  If you have an injury that isn’t healing normally, and a lot of pain, it is likely to be diagnosed as CRPS if you also have swelling, movement disorders, abnormal nervous system functioning, or changes in tissue growth.  There is no specific test for CRPS, but your doctor may ask for additional bone scans or x-rays to help in the diagnosis.

Unfortunately, there is no cure for CPRS, but treatment is still important, because it can help to reduce the pain and prevent future complications.  The most likely treatment options are:

·         •  Medication:  There are many different types of medications, depending on what kind of pain you     have, such as cramping pain, shooting pain, constant pain, etc.  Also, whether the pain affects your sleep or is related to a recent injury will relevant. 

Your doctor may use several medications at once, or may try some in a sequence to achieve the best result.

·         • Physical Therapy:  Various types of therapy programs may help relieve the pain.  Your doctor may recommend physical therapy, hydrotherapy, massage therapy, or pressure techniques.  Physical therapists are also excellent sources for working with you on strategies for using the injured body part in different ways that would be less painful.

·         • Sympathetic Nerve Blocks:  Often chronic pain such as CRPS is caused by the sympathetic nerves that are not properly regulating the blood flow, sweating and other functions.  If those nerves are blocked, pain may be relieved.

·         • Surgical Sympathectomy:  When the blocks don’t relieve the pain, this surgery may help in cases where the pain is being caused by the sympathetic nerve functioning.  During the procedure, a permanent block is inserted.  This is a fairly drastic option of last resort, because there are complications that could occur

From a legal standpoint, not every attorney understands these injuries or has experience with them.  We certainly do as does every attorney we work with.  If you have questions or need help finding a lawyer 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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Just got notes from a seminar on the changes to Illinois workers' compensation laws that happened in June.  We have all been operating on the assumption that these laws don't go in to effect until September 1st.  That's true for most cases except for carpal tunnel claims.

For carpal tunnel, as of June 28th the new laws apply when it comes to your settlement.  So the most you can get for an injury after that date is 15% loss of use of your hand or 30% if you have permanent restrictions.   The payment is also based off of 190 weeks of disability instead of 215 weeks as was the law before.

We just signed up a new carpal tunnel case the other day that will have a July accident date so these new rules will apply.  It remains to be seen how Illinois insurance companies are going to play this out, but it is our position at this time that cases where surgery is performed should be worth 15% loss of the hand if a full recovery is made. 

You can bet that insurance companies will try to low ball claimants.  Not everyone needs an attorney, but if you want full value for your case, we think the only way to get it will be with a lawyer who is threatening trial if the insurance company doesn't do the right thing.

Stay tuned.  We will provide more comments on the law as it develops.

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our 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 just the sudden accident at work that can cause a workplace injury.  Many workers in Illinois are able to recover workers’ compensation benefits related to repetitive work injuries.  These types of injuries develop over time as a result of constant twisting, flexing, bending, etc. while performing job duties.

According to a published report, one Illinois worker recently found out that it’s not enough to simply list your job duties, and hope that it will be understood what the duties entailed, and how they caused your injury.  When proving a work-related repetitive trauma, the specifics are key. 

In that case the Workers’ Compensation Commission said that the worker just listed off her job duties, including typing, filing, and using and filling the copy machine.  What were missing, were specific details about the motions she performed, including the body parts affected and the amount of time she did each movement in a day or week.

Illinois courts have cautioned that it’s not necessary to present proof of each separate movement with exact numbers and quantity of pressure involved.   But you do need to be able to show that your injury was related to your job duties particularly, and not just the ordinary wear and tear our bodies go through anyway.

The cases where repetitive trauma was found to be work-related generally contain a solid level of detail.  They show what the tasks were, and that the movements were performed on a daily basis for a significant period of time.  Medical records should show that there is evidence that your injury was caused or made worse by the repetitive hand, arm, or other body movements in performing your job. 

For example, a treating physician can testify that you suffered trauma from:  consistently pushing and pulling with your upper body; consistently manipulating objects with your fingers; consistently grasping and twisting with your hands; and other such movements throughout the course of your workday.

While specific mathematical proof may not be necessary to establish this kind of a workers’ compensation claim, a specific detailed showing of your work activities and their medical result may in fact be key.

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

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The Illinois workers’ compensation system protects employees from being fired because they are filing claims for benefits.The law is clear, that in order to protect workers’ rights to receive workers’ compensation benefits, employers are not allowed to fire an employee for exercising his or her rights.  This is considered a "retaliatory discharge."

But proving that you were fired because of the workers’ compensation claim is not as easy as it may seem.  It is not enough to merely argue that you filed a claim, and then you were fired.  If it was that simple, then filing a claim for benefits would always give you complete job security, because your employer could never terminate you.

Instead, the responsibility rests with the worker to show that the firing was connected to the workers’ compensation claim.  If your employer has a valid reason to fire you, and it’s not just to cover up for firing you because of your claim for benefits, then you have not met your burden to prove a retaliatory discharge.

Often these situations arise where an injured worker doesn’t return to work after a period of recovery.  If your treating physician continues your restriction from working, but an Independent Medical Exam (IME) physician hired by the insurance company gives the opinion that you should be able to return to work, then what?

If there is a disagreement among physicians as to whether you are able to return to work, you are allowed to rely on your treating physician’s opinion, and not go back to your job at that time.  If your employer fires you solely based on relying on the IME opinion, when it’s known that you have a different opinion from your doctor, this could be considered a retaliatory discharge.

The Illinois workers’ compensation system has a process for resolving those issues.  If you can’t agree, you take it to the Illinois Workers’ Compensation Commission to make a ruling.  But your employer cannot just decide that the IME is correct, and rely solely on that opinion to fire you for not returning to work, when you have an opposing medical opinion.

Sometimes, though, these situations can get even trickier to prove.  In some recent Illinois cases where a worker was fired when there were conflicting IME and treating physician opinions, the argument for retaliatory discharge was rejected anyway.  In each case, the court found a valid reason for the firing, separate and apart from the IME opinion. 

Even in a case like this, where you could argue that your employer relied on a different IME opinion and fired you for not returning to work, you still have to show that there wasn’t some other valid reason you were fired.  For example, in one case, the employer had attempted to contact the worker to return to work, even after the workers’ compensation claim was filed.  This showed that there wasn’t necessarily a motive to retaliate for the claim.

The right to file a claim for workers’ compensation benefits is secure from any backlash for exercising that right.  But employers remain able to decide to fire an employee for a legitimate reason, even after a claim for benefits is filed.

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

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Back injuries are very common among workers, whether or not they are in a physically demanding job.  There are many causes of back injuries, and they range from sudden, single events to long-term degeneration.  Regardless of the way it developed, if your work activity caused your back injury or if it worsened a pre-existing condition, Illinois workers’ compensation benefits should be available to you.

Back and spinal issues can come from obvious activities like heavy lifting, car accidents, or other traumatic events.  They can also come from degenerative conditions which are affected by injuries, aging, and other health issues.  Regardless, a back or spinal injury can leave you in a lot of pain, and unable to do your job.

One of the common spinal injuries is a herniated disc.  This happens when the hardened outside layer of the disc tears, and the soft inside pushes out.  If this happens to you, you’ll likely notice pain, weakness, and numbness in places such as your lower back, legs, and feet.  The pain may feel like shooting pain down your leg. 

If you notice these symptoms, or you have an injury to your back and the pain isn’t going away after a few days, then it’s time to see a doctor that is very experienced in diagnosing and treating back injuries.  You don’t want to just dismiss it as something that will pass.  A medical doctor such as a neurosurgeon or orthopedic surgeon would be best.  They are better equipped than a chiropractor to diagnose and treat your injury.  Their opinions are also generally given more weight by the Workers’ Compensation Commission.

When you see your doctor for your injury or pain, you will likely be asked many questions about your medical history and the recent events that caused your injury.  Giving your doctor a complete and accurate picture of what happened, and doing it as close in time to your first symptoms as possible, can help your odds in treating your injury, and can also help you to prove that your injury was caused by or aggravated by your work activities.

Treatment for back and spinal injuries often begins with pain medications and physical therapy.  The two can work well together.  Physical therapy helps to strengthen your back over time to be able to hopefully return to full strength and full function.  Pain medications can help you tolerate the process of healing and strengthening.

If that treatment doesn’t work, surgery may be necessary.  There are different kinds of surgeries that can be recommended, depending on your specific injury.  Some surgeries are more invasive than others. 

Back injuries can be very painful, and very debilitating.  You don’t want take an injury like this lightly, and put off seeing a doctor.  That can only lead to complications in treatment, and possibly in proving your case for workers’ compensation benefits. You should be able to recover your medical bills and lost time from work, if your injury was related to your job.  If you have any questions about a back injury, please contact us.  Our attorneys are very experienced in workers’ compensation benefits for these injuries.

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

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Knee injuries can be very painful and physically debilitating.  A contact hit to the outside of the knee, like in a football hit, can cause an injury to both the anterior cruciate ligament (ACL) and the medial collateral ligament (MCL).  Or they can occur separately.  Either way, the likely treatment and outcomes for each of these knee injuries can be very different

ACL injuries:

The ACL has an important job to do.  It attaches to the thigh bone (femur) and continues down through the knee joint and attaches to the shin bone (tibia).   So it’s positioned perfectly to help provide stability to the knee joint, by preventing the femur from sliding too far forward.  When you are doing an activity that involves rotating the knee joint, like pivoting and twisting, the ACL can allow for proper movement but keep the knee from moving out of place. 

That’s why a torn ACL can have a significant impact on your knee’s function and stability.  It makes it harder to do turning or pivoting motions.  Other movements such as completely straightening your knee may be harder or impossible.   Related problems can also develop from this injury, such as arthritis and cartilage tears.

An ACL tear can be very painful, and can also cause extensive swelling.  You don’t want to continue your activity if you suspect you have an ACL injury.  You should get to a doctor for a treatment plan.  You may need to have a period of reducing the swelling, before any more involved treatment can begin.

Most frequently, reconstructive surgery will be recommended for a complete ACL tear, though this is not a complete fix.  The tear cannot be completely repaired, even when the surgery sews the ends back together.  Instead, the reconstructive surgery removes and grafts the torn ends.

MCL injuries:

The MCL also connects up with the femur and the tibia.  It helps to prevent the inside of the knee joint from opening up, when there is stress or pressure on the outside of the knee.  When working properly, the MCL can protect the knee from buckling and can provide stability to the joint.  Usually this protection is needed from a hit or from excessive stretching.

Generally, an MCL tear is less painful than an ACL tear, but it still involves pain and swelling in the knee.  The other major difference between the two is in the treatment and healing process.  Unlike ACL tears, MCL tears are expected to heal quickly, and rarely require surgery.

Instead, the treatment is typically rest, ice, and anti-inflammatory medications to help heal and reduce swelling.  Often regular activity can begin once the pain stops. If it’s a particularly bad sprain, then a knee brace may be recommended.  And sometimes physical therapy or a moderate period away from regular activity can also be necessary for healing.  But regardless, full recovery is expected for MCL injuries.

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

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Walking from one place to another during the work day doesn’t seem like a risky activity that would cause falls.

But when you add other facts to the mix, such as how quickly you had to get where you’re going, and whether you were carrying work items at the time, your risk of falling can increase.

When you have such a fall and you want to make a claim for benefits under Illinois workers’ compensation for your injury, these are the facts you need to look at.   Because even if you’re at work at the time of your fall, and even if you are carrying something you need for work, your fall won’t necessarily be connected enough with your employment to entitle you to benefits for your injury.

What distinguishes one work-place fall from another, when the conditions of the walkway were not involved?  Here are some factors to consider that could turn a fall from being an event that anyone in the public could experience, to an event comes within the benefits of workers’ compensation:

·         Your job created a distraction while you were walking.  Sometimes work conditions can distract you while you’re walking, such as a teacher walking in a hallway with students.

·         You were carrying something related to your job that increased the risk of your fall.  Importantly, every fall while carrying items for work is not automatically a work fall, without something more, for example:

1.  Did the job-related items in your hands make it more likely that you would fall?  If you were carrying something for work that was heavy, or blocked your view, or was fragile, these factors could be involved in making you fall.

2.  Did the job-related items in your hands or arms prevent you from being able to brace yourself as you were falling, so you couldn’t catch yourself? 

3.  Was the job-related item heavy or sharp so that it made your injury worse when you fell?

On the other hand, in a recent claim for workers’ compensation benefits, a woman fell while walking down a hallway with a cup of coffee in one hand, and a messenger bag across her chest.  Though it could be argued that these items were related to her job, they did not contribute to making her more likely to fall, or increasing the danger of the fall itself.  She was denied benefits for her injury.

Unexplained fall such as this one can be tricky to reconstruct and figure out what caused them, or what could have prevented more serious injury.  But looking at the facts involved in what was going on around you and with you, can help to narrow down whether your fall and injuries entitle you to workers compensation benefits.

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

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A worker was walking from her office to the bank to make a deposit for work.  She turned to head up an inclined driveway, and tripped on a dip in the pavement and fell forward.  She fractured both of her wrists while trying to break the fall.

Clearly this walk was job-related:  she made this trip 2 or 3 times each week to deposit work checks.  But the question for this case, which comes up frequently in Illinois workers’ compensation case, is whether the risk that caused this injury arose out of her employment?  After all, she was on a Chicago city street where the general public walks every day.  The dip in the driveway had nothing to do with her job or her purpose in walking up the driveway.   Also, her fall was not related to some special personal condition she had, that made her prone to falls.

It was just a neutral situation—a random defect in a pavement that was not owned or maintained by her employer.  So what would make this accident and injury arise out of her employment and therefore entitle her to workers’ compensation benefits? 

An injury from an accident can become a work-injury where the risk that caused it is increased because of your job:  either because your job changed the character of the risk from what the general public experiences, or because your job exposed you to the risk more often than the general public is exposed.

In the case of the worker walking the streets to the bank, she made that trip more frequently than someone would who was not working at her job.  The risk of falling from a dip in a driveway was one that anyone going that way was exposed to.  But because she was required by her job duties to make the walk by that dip several time each week, her risk of falling was larger than the general public because of the increased quantity.

Accidents on public streets can turn into work-related events where the public way becomes connected and affected by your job duties. 

Bottom line is that every injury should be investigated to see if it’s covered under Illinois laws.  Some are, some aren’t; you just need to find out what the truth is for your claim.

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

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Ordinarily if you’re injured on your way to or from work, you’re on your own time.  Workers’ compensation benefits would not be able to compensate you.  The rationale is that your employer doesn’t really have any interest in, or get any benefit from, where you live or how you get to work—as long as you arrive on time.  

There are a few exceptions, though, and a recent Illinois Workers’ Compensation case highlighted one of those exceptions.  When your employer provides you with a company car to drive to and from work, then you are likely going to get benefits for an injury that happens during the drive.

What’s key in these situations is the fact that your employer is getting some benefit from the fact that you are using the car.  In some situations, providing transportation allows the employer to expand the company’s work base.  Sometimes the company vehicle is used to transport materials back and forth.  And sometimes the vehicle has advertising possibilities.

Thought there could be many reasons for providing a company car to an employee, one thing remains the same:  the employer has exercised some control and received some benefit from your drive to work.  Because of this, your drive is considered to be in the scope of your employment, and can entitle you to workers’ compensation benefits for an injury.

The result would likely be the same if the employer, instead of providing the car or truck, reimbursed employees for the cost of their mileage in their own cars, or made an arrangement for a bus.  Once the employer gets involved in your commute to work, the actual mode of travel can vary.  It’s the affect of the transportation in creating some benefit to the employer that changes the character to being in the scope of employment. 

In these situations you’re not “clocking out” and leaving work in the usual way.  You’re remaining involved with your employer for a purpose as you drive home and back the next day.  It’s as though the workplace extends to include the purpose for which you’ve been given the transportation.   And any injury arising out of your employment should entitle you to workers’ compensation benefits.

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

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Neck and back problems can be among the most debilitating types of injuries to suffer.  One such injury is called Spinal Stenosis.  This happens when the spaces between the spinal vertebrae narrow, and there is a compression of the nerves.  Usually this is a condition affecting the elderly from natural degeneration.  But others, including those who have had a trauma to the back or neck, can suffer from spinal stenosis as well.

If you are diagnosed with spinal stenosis, and it is related to your job, you may be entitled to Illinois workers’ compensation benefits to pay for your medical bills, which could be considerable.  Even if you had a previous back or neck injury, if your job contributed to your condition you should still be able to receive benefits for your injury.  Surgery and future medical care may also be necessary and recoverable under workers’ compensation.

Spinal stenosis can typically be found to be work-related in scenarios such as: 

·         a slip and fall at work causing trauma to your neck or back;

·         a car accident while driving for your job;

·         heavy lifting or repeated bending that causes or aggravates a condition. 

An Illinois forklift operator who suffered from spinal stenosis was found to have a work-related injury.  His job involved constantly moving his head from side to side while operating his forklift.  He did have a prior spinal condition, but his job duties were a factor in causing his spinal stenosis, entitling him to insurance benefits.

Another Illinois worker had a similar result.  He was a painter, and had an accident with a supply cart.  Though he had a pre-existing condition as well, the work accident was found to have aggravated and accelerated the spinal condition, so he could recover workers’ compensation benefits. 

Depending on which part of the spine has been affected, some symptoms of spinal stenosis to look out for are (1) pain, numbness, and weakness in the legs or mid-region; or (2) pain in the neck or tingling, weakness, or pain in the shoulder or arms.  Sitting or standing may also be difficult or painful.  Some severe symptoms can include difficulty with walking or balance, and problems with bowel control or urination.

If you have had a spinal injury or have experienced these symptoms, please call us, and we can recommend an attorney who is experienced in helping workers with spinal stenosis. 

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

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Many back problems can be treated by rest and pain medications.  For one rare but very serious back condition, emergency care is required and necessary in order to have a fighting chance at treating it.

This condition, called Cauda Equina Syndrome (CES), is the result of a compression of the nerve roots below the spinal cord.  These nerve roots control many functions of the lower body.  They affect muscle and motor control of the legs, as well as bladder and bowel function.

What is so critical about catching the early signs and intervening immediately, is that your chance of successful treatment is directly related to how long you have the condition.  And if left untreated, CES can cause permanent paralysis and loss of bladder and bowel control. 

For this reason, at the earliest sign that you may be experiencing CES, you need to seek immediate care and treatment.  Don’t let a bad situation become worse by waiting and wondering if it will get better.

CES can be the result of work-related injury, and if this is the case, Illinois workers’ compensation should entitle you to reimbursement for your medical bills.  This would include diagnosis and treatment, including surgery if needed. 

Work-related causes of CES include both traumatic one-time events and repeated long-term activities.  An accident at work, such as a fall or being hit in the back by falling equipment or machinery can result in CES.  Also, repetitive movements involving lifting or operating heavy machinery, can cause or worsen CES.  Even if you had previous back issues, you could still have a claim for a work injury under Illinois workers’ compensation if your job contributed to your condition.

What symptoms should you look for?  Some warning signs include lower back pain and muscle weakness.  The pain may travel down one or both of your legs, and you may feel sharp pain.  Your legs may have reduced sensation or loss of control, which may include bowel or bladder control problems. 

If you suspect that your CES was related to your job, you should speak to an attorney who has experience handling these cases and can get you the benefits you are entitled to under Illinois workers’ compensation.  Please call us and we would be happy to answer your questions and recommend an attorney who can help you.  CES treatment can be costly, but is essential intervention for your future.

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our 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 painful foot condition called Tarsal Tunnel Syndrome (TTS) can make it very difficult to continue your regular physical activity.  TTS can affect your foot and ankle movement in much the same way as carpal tunnel syndrome can affect your wrist and hand.  

The tarsal tunnel is a narrow space on the inside of your ankle.  When a nerve in the tarsal tunnel becomes compressed or squeezed, it can cause TTS.  Initially, you may experience numbness and a tingling sensation.  But over time, the pressure on the nerve can cause inflammation and pain, and eventually even permanent nerve damage.

Common causes of TTS include:  diabetes, arthritis, tumors; flat feet; injuries like an ankle twist or sprain; and other events that put excessive pressure on the nerve.  The events can be sudden, or develop over time from repetitive movement and activities. 

Though many of these causes are not related to the workplace, some work activities and injuries can play a role as well.  If your TTS is job-related, then you should be able to recover medical benefits under Illinois workers’ compensation.  If your condition is not related to your job duties, then even if work activities are made more difficult or painful by the TTS, you may not be entitled to benefits.

To make the distinction between work- and non-work TTS, you should determine whether or not it was caused by some activity or condition that the general public is also exposed to.  If it was the result of a medical condition such as diabetes, or a physical activity such as ordinary walking or standing, then the TTS is likely not work-related.  Several different work scenarios, however, have been involved in causing TTS: 

- stepping on a sunken floor board at work that couldn’t be seen, and twisting or spraining your ankle;

·          - standing or walking for long periods of time on uneven floors or ground, such as at constructions sites or railroad yards;

·          - repeated movement requiring twisting and pivoting of your foot or ankle, such as on an assembly line;

·          - repeated movement of pushing a pedal with one foot for a large part of the work week.

Each of these scenarios involves something sudden and unexpected, or repeated and intense, in a way that is unique to the job.  If your job puts you in such a position, and you are injured as a result, you should be able to recover benefits to help you pay your medical bills.

If you suspect you may be suffering from TTS, you should see a physician for diagnosis and treatment.  Your doctor may initially try non-surgical treatments such as ice, rest, immobilization, and anti-inflammatory medications.  Physical therapy may also help.  If more is needed then it may be necessary to have surgery to relieve the pressure from the nerve.

Leaving TTS untreated can lead to more serious complications.   If your believe your condition may be work related, then speaking with an attorney that is experienced in this area can help you to get the medical benefits you may be entitled to under Illinois workers’ compensation.   We have attorneys that are highly skilled in this area and would be happy to speak to you to answer any of your questions.

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

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If you are injured driving to work, you generally would not be entitled to workers’ compensation benefits.  However if you travel as part of your job responsibilities, then an injury during that travel could be covered.  Traveling employees can receive compensation for medical bills and costs, and lost wages for injuries that happen during activities that are reasonable and expected for their jobs. 

Did your employer benefit from what you were doing?  If so, then if you were injured during that activity, it could be considered work-related.  For example, if your job involves visiting clients or attending out-of-office business meetings, then an accident on the way could be covered.  Also, if you make deliveries or transport work materials, these trips are part of your job.  Frequently employers provide a company vehicle, or pay you for your travel time, and these would also be evidence of being on-the-job even though you’re out of the office.

Did your employer anticipate you would be doing that activity as part of your job?  If you’re on a business trip, there are different activities that you could be involved in, that may not typically seem like work.  But if they were foreseeable by your employer, than they could be covered as work injuries if you’re hurt.  Some activities that fall into this category are dinner with a client, exercising, and some recreational activities. 

Were you acting reasonably?   Though your activity may otherwise be considered work-related for a traveling employee, if you do that activity in a way that is not reasonable, then it likely won’t be covered under workers’ compensation.  A common example of this is an injury that occurs because you drank too much and became intoxicated during a business dinner. 

Coverage for workers that travel for their jobs can be a bit less obvious than many on-site job injuries.  Speaking with an attorney that is experienced in this area can help you to get the benefits you are entitled to.  Please call us if you would like to discuss this further or have any questions.

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

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They can often be lumped together as “tennis elbow,” but elbow injuries are not all the same, and they’re not all leisure-time traumas.  They can happen at work, both from single traumatic events and from repeated stress.  Being familiar with these types of injuries can help you better prepare to get them covered by workers’ compensation benefits, when appropriate.

The elbow injury that is actually guilty of earning the name “tennis elbow” is lateral and medical epicondylitis.  Similarly, an injury commonly called “golfer’s elbow” is medical epicondylitis.  These injuries involve pain with the elbow joint, one on the outside, one on the inside of the joint.  The pain can make it difficult to grip objects.

There are elbow joint injuries that are caused by nerve compression.  Radial tunnel syndrome (which is also called “resistant tennis elbow”) causes pain around the elbow, and also affects the use of your wrist and hand. Cubital tunnel syndrome involves pain around the elbow joint, but also shooting down the forearms and affecting the fingers.

Elbows can be affected by tendonitis and bursitis as well.  The biceps and triceps tendons frequently cause elbow pain, one in the front and one in the back of the joint.  Behind the elbow joint, is a bony area-the olecranon-which can develop bursitis causing swelling and tenderness.

The different elbow injuries seem similar, but they are each distinct in terms of the care and treatment that are needed to fully recover.  Seeing a doctor when you experience symptoms is an important first step.  Often you will be referred for an MRI scan to help in the diagnosis and pinpoint the right treatment plan.

If you notice any of these symptoms, it’s best to go see a doctor:

·         • loss of use of your arm, making it difficult to carry objects;

           • inability to flex or straighten you arm;

·         • bruises or swelling around your arm or elbow;

·         • fever, or redness or warmth around your arm or elbow;

·         • pain in your elbow when it’s at rest;

·         • pain in your elbow lasting more than a few days;

·         • deformity in your elbow after an injury;

·         • other new or unusual conditions of your elbow.

After diagnosis, your doctor will recommend a course or courses of treatment.  Often the most basic, but effective, is rest.  If you have swelling, resting and putting ice and heat on the area can help.  Sometimes, though, keeping the joint gently stretched is what helps.  Physical therapists also can create a plan which helps to bring your strength back to normal.

Additionally, your doctor may prescribe medications to reduce the swelling and ease your pain.  Cortisone injections may also help in more severe cases. 

Where your elbow injury needs more intervention to repair the damage, surgery may be recommended by your doctor although under Illinois law you can never be required to have surgery.

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our 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 came across an article I previously wrote about carpal tunnel syndrome which I thought would be of value for my readers.

If you have a job that involves regularly repeating the same physical movements with your hands or wrists, you may develop pain or discomfort or difficulty doing your job.  You may have developed Carpal Tunnel Syndrome (CTS), which is an injury to the nerve and tendons between your forearm and hand. 

The effects of CTS can include numbness or pain in your wrist or hand.  But it can be more severe, and you may lose control over some of your wrist or hand muscles.  The pain or discomfort may even travel further and affect your arm or shoulder.

Typically you can see this type of injury in workers that are repeatedly and forcefully using their hands and wrists in grasping or bending motions, or workers that are typing for extended periods of time.

Though CTS is usually thought of as a repetitive injury that develops over time, a sudden injury can cause the symptoms to surface, or a trauma can aggravate an already existing issue.

Since CTS is most frequently a condition that takes time to develop and to discover, it can complicate some issues of getting workers’ compensation benefits to pay for your treatments.  You will need to show that your injury is job related, and you will need to be sure not to miss any time limit periods.  Seeing a doctor at the earliest suspected symptoms, and being very honest with your doctor about everything you have experienced can help these issues.

In Illinois, if your CTS is job related, you are entitled to reimbursement for your medical bills, including your co-pays and out-of-pocket expenses.  You could also be entitled to compensation for lost wages from missed work, and for any permanent effects of the injury. 

So you’ll want to be sure that your medical records have details about how your injury developed, and what activities you were doing.  Cases have turned in the worker’s favor where there was solid medical evidence that the condition was caused from the worker’s using his arm or hand in performing his work duties.  Even if you have a CTS-related problem already, if you make the existing condition worse, Illinois law says that you can get benefits under workers’ compensation.

Medical records can also help pinpoint the start date, to be sure that you don’t miss a critical notice or filing date.  These dates can make the difference between being able to pursue you case, or losing out on being able to bring it because it’s too late.

Many treatments are available for CTS, so it is important to see your doctor if you suspect this may be happening to you.  If it is job related, getting workers’ compensation benefits can be extremely helpful, so speaking with a lawyer that is very experienced with CTS cases can help get you 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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Sometimes insurance companies can send you for an Independent Medical Evaluation (IME), to get a medical opinion about the cause or extent of your injuries, or about the need for treatment.  These physicians that they hire for the IME are usually honest, but they are hired by the insurance company and may not always be as “independent” as they seem or should be.

Though this shouldn’t happen, sometimes the IME can deny or delay treatment that you need.  A reader fearing this would happen, asked us what he should do.

He hurt his back three months ago, and has a herniated disc.  Workers’ compensation had been covering his medical expenses, but he is still in a lot of pain and his doctor is recommending surgery.  The insurance company is sending him for an IME, but he heard that the IME doctor was a hired gun.  His concern, therefore, is what will happen if the IME doctor says that he is fine or that they aren’t responsible, and won’t cover treatment.

If you’re in a situation like this, it’s most important that you get the treatment that you need.  Be honest with your doctors, and let your lawyers help you to get the payment worked out.  We are able to file the case and request payment for the treatment.  If your doctor is recommending surgery, we can ask the Arbitrator to order it and for the insurance company to pay the cost.  Or, in the worst scenario, where you need the treatment before we go to trial, you can pay for it through your own insurance, and we can still go ahead and prove your case.

Sometimes the insurance company has a genuine disagreement about whether you need the treatment, or whether they need to pay for it.  Even if the IME physician is a hired gun, the insurer may still legitimately believe that they shouldn’t have to cover your treatment.  Going ahead with your case should take care of this, and get you the payment you’re entitled to.

But if the insurance company is unreasonably denying your benefits, not only should they pay for your treatment costs, but they should pay you a penalty as well.  The insurer could be ordered to pay you 50% of the amount of your treatment costs for refusing or delaying your payment, if their actions were unreasonable or with bad intentions.  For example, if your surgery would cost $30,000, the insurance company may be ordered to pay you $15,000 for their behavior.

It’s most important for injured workers to get the treatment they need, and to do it in the proper time frame for it to be successful.  That’s why, even with a hired gun for an IME provider, you should still be able to get the result you are entitled to.

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

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An injured worker contacted us after a trial in his case had gone bad.  Now we can't do anything for a worker once there case has been tried, but it's a crazy story.

After you give your testimony and all medical records are submitted, the Arbitrator asks for what are called proposed decisions which basically requires each lawyer to write something up as to how they would decide the case if they were the Arbitrator.  So typically the defense attorney says that their side should be picked and why, and the worker's attorney says why their side should be picked and why.

It's pretty basic and honestly it's not that hard to do.  Plus it's your job as a lawyer.  The Judge typically "adopts" one decision as his/her own and either does nothing to change it or changes very little.

In this case, the worker told me that his lawyer had asked for over $125,000 to settle the case and the defense was offering way less than that.  They went to trial as they should, but according to the worker, this lawyer that he hired did not complete a proposed decision.  As a result the Arbitrator wrote in the decision that there was no choice but to find for the defense.

Now the Arbitrator could have still found for the worker, but I don't blame him for not.  Apparently this attorney didn't return the workers' phone calls so he called the Commission and got his own copy.  The case is on appeal currently and theoretically it's possible that the worker will win if his lawyer does the right job that time. 

But either way I find this pathetic and inexcusable and truly a new low in representing clients.  We can't win them all, but stuff like this gives lawyers an awful name.

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

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For the majority of workers’ compensation claims, there is no set settlement amount. This is why it’s so hard for attorneys to answer the question: “What is my case worth?” We get asked that all the time but there are simply too many factors. We’ll probably be able to give you a range, but it’s going to be very broad.

Some cases do have a set settlement amount. These include specific injuries, such as loss of a body part and a full return to work. But most of the time it depends on a variety of factors, along with the ability of your attorney to negotiate with the insurance company or present your case at trial.

The insurance company might try to discourage you from hiring an attorney by telling you that you don’t need an attorney, or that an attorney will “take it all,” or even that settlement amounts are set so you don’t need to bother hiring a lawyer.

Workers’ compensation attorneys charge 20% of what they get for you in settlement. What the insurance company doesn’t tell you is that they are going to offer you a lot less if you don’t have an attorney and that hiring an attorney for a workers’ compensation claim often pays for itself. As for pre-set settlement amounts, it’s simply not true, unless you’re in that small category of injuries.

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

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If you are on your way to or from work and you get hurt, you’re probably wondering whether it’s considered a work injury. The answer is that it depends. If you are driving or taking public transportation to or from work, you’re usually not covered (although there are exceptions). On the other hand, if you are hurt in the parking lot or some area outside of the building where you work, you might be covered.

There are two main things to consider. First, were you told to park there? If your employer provides a designated employee parking area, it might be considered an extension of the workplace. Second, who owns or manages the parking area? If it’s your employer, even if they pay someone to take care of the parking lot for them, it’s more likely to be a work injury. If it’s owned by another company, there is less of a link to your employer and it’s probably not considered a work-related injury. However, you might still have a case against the owner or management company for any negligence that caused your injury.

Common examples of these injuries are slip and falls because of snow or ice or because the area wasn’t properly maintained. If you are injured in your car or the injury is caused by your vehicle, it’s probably not a work injury.

These cases depend heavily on the specific facts and no two cases are alike. So don’t try to decide for yourself whether you should file a claim for workers’ compensation. If your employer says it’s not a work-related injury, double check with an attorney. They may just be trying to protect themselves from a claim.

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

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If you have a fairly serious injury, your employer’s insurance company may try to get involved with your medical treatment. They might try to talk to your doctor or your physical therapist. They might even try to come to your appointments. It sounds intrusive, and it is.

The insurance companies are good at this. They treat you nicely on the phone, they act like they’re trying to help, and then they turn around and do something to hurt your case. We’ve seen insurance companies convince surgeons to delay surgery or convince a doctor to try a cheaper, yet riskier, approach. We’ve seen them push doctors to lift work restrictions, even when it’s not in the employee’s best interest.

Illinois law says that insurance companies are not allowed to talk to your doctor without your permission, except to request copies of records or bills. The insurance company won’t tell you this. If someone from the insurance company wants to come to your appointment, or get involved in any way, just say no. And get a lawyer.

A good attorney will protect you from these insurance company tactics. They will contact the insurer and tell them that they can no longer talk to your medical providers. If you have questions about what the insurance company can and cannot do, you can always give us a call

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our 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 when you have a fall, it seems to come out of nowhere. But when you slip and fall at work, you want to be able to recover benefits from the Illinois Workers’ Compensation system. Your case will have a much better chance of succeeding if you have specifics about the circumstances surrounding your accident. If you have no idea how you fell, you could be out of luck with your claim.

Just because an accident happens while you’re at your workplace, it doesn’t necessarily mean that you have a case for benefits. You also have to show that your accident is connected to your employment. Was there a hazard you were exposed to that was related to your job? 

What can make or break your case are the details about where you were when you fell, what the conditions were like, and what else was going on at the time. 

For example, if you slip and fall in the parking lot, it could be helpful to know if you were carrying something you needed for work, or if there was something about the conditions on the ground that may have caused you to fall. Was something happening at the time that put you more at risk for the fall than someone who did not work for your employer?

Similarly, if you have a fall in the office, the surrounding circumstances can be helpful to prove your case. What were the physical details where you fell: such as poor lighting, wet floors, boxes or other things on the floor where you were walking? What other work-related factors were involved: rushing to a meeting; carrying work supplies; or were you in the process of performing job duties?

In one case a worker fell down the stairs at work while carrying knives. The court said that there wasn’t any special work-related risk in walking down those particular stairs. But the size and weight of the knives did make the accident employment- related. The worker needed to carry them for his job duties, and they created a unique risk to his job. 

Even though accidents can sometimes seem to happen in a flash, it can be very helpful to your workers’ compensation case for you to have as many of the details as possible. The closer in time that you take notes or pictures of the events and environment, the more likely you are to be able to get benefits for your injury. 

And like any other case, we highly recommend that you not give a recorded statement to an insurance adjuster because you may get tricked in to saying something that hurts your claim and causes you to lose your 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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“Fun and games” with co-workers can benefit both employer and employee in many ways, but when an employee is injured during such a recreational activity, he or she is often not entitled to workers’ compensation benefits. Under Illinois law, injuries from accidents that occurred during voluntary recreational activity would generally be excluded from coverage.

But there are exceptions to this general rule, and often those exceptions turn on the control the employer had with regard to the recreational activity. The more involved the employer is in the activity, the greater the chance that recreation can be categorized as work for workers’ compensation purposes. 

When, for example, there is a company ball game or picnic, it is relevant whether the employee was ordered or assigned to participate. If the employee had a choice to opt out of the activity with no ramifications, it is less likely to be considered a work function. But where the employee had to use a personal or sick day, or give up some other kind of benefit, then the employer has essentially mandated attendance making it a work-related activity.

Sometimes what may seem recreational is really furthering the company’s business or interests, such as building relationships with customers. If a company-sponsored activity is strongly encouraged because it will benefit the business, and workers are made to feel that their support of this is necessary, then that too could place the activity into a different category for workers’ compensation benefits.

Other exceptions can be found as well, when the recreational activities take place during lunch or other break time at work. Generally, employee activities during breaks are considered part of the work day, because they are acts of personal comfort for the employee. Illinois had recognized the “personal comfort doctrine” to compensate workers for injuries that occur during the work day that may not seem to be directly related to the job, but which employees need to do for their own health and comfort. These activities have included eating, using the bathroom and cooling off, among others, as long as the activities are done in a reasonable manner.

Injuries during activities that relate to personal comfort have been more likely to be compensable as work-related where the company knows about them and acquiesces to the practice. Even when the employees are not being paid during the activity, if the recreational activity that takes place during lunch time on the company premises, and using company property, the case is stronger for an accident to be compensable under workers’ compensation. 

Though injuries that happen during voluntary, recreational activities are less likely to receive workers’ compensation benefits, the analysis does not end there. As the exceptions show, it is important to look at the details in determining what your rights to compensation may be.

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our 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 Illinois workers’ compensation case brings to light an area of medical benefits that are often available, but lesser known. That is, where a medical condition needs to be treated but was not caused by the work accident, though it is necessary to correct in order to treat the injury that was caused by the work accident.

In this case, a worker was able to receive medical benefits for treating his weight loss and diabetes. Though neither condition was created by or related to his employment or his work injury, they were impeding his treatment for the work injury. The worker had injured his neck while lifting a heavy object on the job. An attempt was made to alleviate his condition with a nerve block, but his size and stature prevented the success of the procedure. Surgery was next attempted as well, but again, due to the worker’s weight the procedure could not be completed.

A second surgery was recommended for this injured worker, and this time the physician recommended preliminary treatment for his weight loss and diabetes, in order to achieve a successful surgical outcome.   The Workers’ Compensation Commission determined that benefits were available to pay for these treatments. Although the work accident did not cause the conditions, treatment of the weight and diabetes were reasonably necessary to successfully treat the injury from the work accident.

The Illinois Workers’ Compensation Act entitles injured workers to benefits for all necessary medical services that are reasonably called for in order to cure or relieve the worker from the problems caused by the work accident. This should include all reasonable and necessary medical expenses related to surgery for the injury. Where another medical condition which can be treated is standing in the way of necessary and appropriate corrective measures for the work injury, then the bills to treat the condition should be covered as well.   We have seen other times when weight loss surgeries have been ordered to improve the chances of a back surgery working.

Sometimes clearing the road block is a necessary step to traveling down the road. In this scenario, an obstructing but unrelated medical condition should be compensated in order to properly treat the work injury.

Bottom line is that there is nothing more important than your health.  If someone tells you no, make sure to get an independent opinion before assuming you can't be helped.

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

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But we are open today.  And every day.  And if we aren't in, we have an answering service that pages us right away.  So you can always call us at (312) 346-5578 if you want our help or just have questions or you can fill out our contact form at any time 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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Recently we were called by a nice guy who had elbow surgery.  He had been made a settlement offer that was fairly reasonable and was calling to verify that.

Whenever I hear of someone getting a settlement offer on their own that seems fair, the pessimist in me wonders if there is more to the case than meets the eye.  Sure enough, this worker who was otherwise healthy before the accident, now has diabetes.

So what?  Well I'll tell you what.

First off, surgery can create a stress response that causes changes in insulin and can lead to diabetes.  So can inactivity and this surgery had our caller laid up for seven months.  But most importantly, he had a pre-surgery blood sugar level of 102 and within six months of the surgery it was in the mid 300's.   He had this testing the previous three years too and the results then were all normal.  Now he is a full fledged diabetic.

Anything that stems from a work injury should be covered under the Illinois Workers' Compensation Act.  For example, if you have knee surgery and are then on crutches, if you develop an arm problem from the crutches that should be part of your case.

So too should diabetes if we can prove that you wouldn't have had it (or at least not so quickly) except for the work injury.

Our caller ultimately didn't pursue anything further and in my opinion left a ton of money on the table as well as the security of knowing that his future medical needs would be taken care of.  The moral of the story is that if you have anything go wrong you should look in to it.  And a good attorney leaves no stone un-turned when it comes to examining a client's case and what it is worth.

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

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A reader who was not happy with the settlement offers he was getting or how he was treated sent us the following:

I was treated just awfully by my insurance company any employer during my injury.  I went 5 months without a check for no reason.  My attorney is telling me that my case is worth around $50,000 if we go to trial.  I have already rejected that offer.  Can the Arbitrator, after seeing how bad I've been treated, decide to award me more money than the case is normally worth?  If that happened would the case be appealed?  No human deserves to be treated the way I was.

Unfortunately, Illinois workers' compensation rules don't allow for pain and suffering.  An Arbitrator technically could award whatever they want, but if they did it would surely be appealed and reversed.

If the insurance company is not paying benefits without a valid reason, you can file for penalties and fees and that will add a little to the result and punish them for their bad behavior.  But in general, workers' compensation is not a windfall unless you are catastrophically injured and no one wants that to happen.

The reader is correct that no one deserves to be treated poorly, but there is also no way to change an award at trial or at settlement because of hurt feelings.

I am sure this response is not what our reader wanted to hear.  But any good attorney lives by the motto that I'm going to tell you the truth, not what you want to hear.

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our 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 a store manager and it is in the worst part of town, it has been robbed before and they have had gang shoot outs where employees cars were shot. 12-24-10 i put the deposit bag in my right front pocket and walked 10 feet to my car. As soon as i got there a black male pulled a gun on me and told me to give him the cash, which i did. i went in the store called 911 and my dm, I can't sleep and i am very scared to go to work, can u help me?

In general, every day stress cases under Illinois workers compensation law are not covered.  If your boss yells, if you have a lot of work piling up, if it's too much for you to handle, usually there is nothing that can be done if you just have a mental injury.

On the other hand, if what you experience is sudden and shocking then you might have a case even if there is no physical injury.  Our reader would probably have a case because what happened to him doesn't typically happen to the general public.  If he went to a psychologist who felt he should be off of work he would likely get workers' compensation benefits for both his medical care and his time off of work.

Moral of the story is that you should never assume you don't have a case.  These cases are much tougher to prove than if you got hurt lifting a box, but legitimate cases should and usually do prevail.  So if you aren't sure if you have a case or not just ask us.

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

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Many jobs require employees to bend down and straighten up frequently in order to carry out work duties.  While this may seem like an ordinary body movement that should not cause injury, we hear frequently from workers who are injured on the job from repetitive movements in the performance of their jobs, and want to know if they can recover workers’ compensation benefits.

What distinguishes the seemingly ordinary actions of bending down and straightening up from those that would create a compensable Illinois workers’ compensation injury?  The specific facts surrounding the movements are important.  Looking at the type and frequency of the bending, you have to see whether the general public would be likely to engage in similar conduct.

In one recent case, a hardwood floor installer suffered a lower back injury requiring surgery.  In the course of performing his duties he had to bend over to use a machine to staple the hardwood.  His job required him to bend and staple hundreds of times a day, over a 17 year period of time.  The repetition of this movement caused his back to spasm and one day he was unable to straighten up because of the pain in his lower back. 

The type of movement he was doing was determined to be compensable under Illinois workers’ compensation.  It was required for his job, and was very different than the way the general public would need to move, and the frequency with which an average person would have to bend and straighten. 

When a repetitive movement arises out of employment like the hardwood floor installation, then the fact that an injury develops over time and not immediately will not prevent it from being compensable as an accident under Illinois workers’ compensation.  By their very nature, these injuries may take considerable time to develop to the point of injury.  And in Illinois, it is generally the case that you don’t have to wait until part of your body gives out and you are unable to work at all, before you can recover for the repetitive injury.  The workers’ compensation act allows for compensation where the injury is caused by repeated movement while performing your job, without requiring complete incapacitation.

As long as each separate movement that you perform is necessary to carry out your job, and the large-scale repetition of the movement is what leads to the injured body part, it is likely that the injury will lead to benefits.   You still, though, have to show that the injury came from this work-related movement, and not the usual degeneration of the body part involved.

There is one more potentially tricky aspect of claims for repetitive work trauma.  The date of injury can be more difficult to determine, and if it is held later that you were using the wrong date, you could lose your right to bring the claim because of statue of limitation and notice requirements.  Experienced Illinois workers’ compensation attorneys should be able to help you determine the proper date of injury, to help prevent your claim from being barred.

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

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Increasingly in our internet age more workers are working at home, either as their sole workplace or along with spending time in an office. How does this work environment impact their ability to be covered under Illinois workers’ compensation? As long as they are an employee and not an independent contractor, workers’ compensation benefits should still be available to at-home workers.

If you are performing your job from home, yet you are still under the control and direction of your employer, then you are likely an employee and not an independent contractor. Therefore Illinois workers’ compensation benefits would be allowed, if what you were doing when you became ill or injured arose out your employment.

Illinois courts have looked at cases where the injuries claimed under workers’ compensation occurred in places other than the employer’s premises. Benefits were often still available, if the accident or injury occurred during the course and because of employment, even though it was not on the employer’s property. Did the injury occur while he or she was in the performance of job duties?

When the employee is working at home, the lines can be murkier to determine what is arising out of the employment since it is a mixed environment. The specific facts of the work space and the duties required to be performed will need to be examined. It is relevant whether the employee was injured doing something that was specifically a work risk, as opposed to a hazard that the general public would be exposed to, or that the employee would be equally exposed to when not performing job duties.

For example, if you are working on the computer, and a delivery person comes to the door and

you are rushing on a deadline to get something out and trip trying to catch the door before it’s too late, you are likely covered under Illinois workers’ compensation.   The particular hazard that you were exposed to that caused your tripping injury was not the same as that which the general public would face. You were trying to fulfill an obligation from your employer, in a home work environment which your employer knew you were using to accomplish your specific job duties.

Also, if you are working at your computer for multiple hours each day and develop back, wrist, or shoulder injuries as a direct result of that work, that injury should be considered a repetitive trauma which is covered by the benefits of Illinois workers’ compensation. Again, this is an injury that arose out of your specific work environment, and while performing your employer’s work assignments. 

Insurance companies may try to argue that these home environments should not be covered under Illinois workers’ compensation, because your job location and daily performance are not under the employer’s direct supervision and control. But in the situation where you are not an independent contractor, your employer likely is in fact exercising a large amount of control over your means and methods for fulfilling your job functions, even though you are performing those functions at an off-premises location which happens to double as your home. 

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One of the great things about Illinois workers' compensation law is that if you sustain an injury that will effect you in the future, you can hire a lawyer, go to trial and keep your medical rights open for life as relates to that injury.  We often discuss doing this with clients who have had a surgery where hardware was put in to their body that might some day have to come out or be replaced.

I recently received a call from someone who has open medical rights from an eye injury.  They are in their late 70's.  The injury happened 60 years ago.  That's right, SIXTY years ago.  It's a unique injury and work comp has been paying bills almost every year since then.  She is now blind and that problem traces itself back to the original incident.  Her doctor wants her to be put in assisted living with 24 hour care. 

This treatment of course is very expensive and the facts of this case are unusual.  But if this woman gets the prescription and takes it to the insurance company, they should have to pay for all of it, no matter how long it lasts.  The bigger problem for the family will be that if the insurance company denies the claim, will an attorney come to the rescue and take it to trial.  If a client of ours keeps medical rights open, we of course go back in for them when needed because that is part of the fee we've earned.  But if it's not a client and we can't get a fee, honestly we probably wouldn't do it.

In the bigger picture, it really is a fascinating scenario.  I've talked to people who have open medical rights from cases from the 1980's.  But never before had I talked to someone who has a case from the 1950's.  Hopefully the insurance company will continue to do right by her and pay for the needed care.

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A client called me after his Illinois workers' compensation benefits were cut off when he went to an IME (independent medical examination) appointment with a physician at the request of the insurance company.

The doctor is 70+ and his office is only open on Tuesdays.  The client says he timed the exam and it only lasted four minutes.  The doctor's opinion was that the worker was in fact hurt, but he didn't think the pain was from the work accident.  He didn't identify the mysterious cause of his problem or address the fact that the worker had no back pain until his accident.

These are the games an insurance company will pay.  The bad news is that his benefits are cut off.  The good news is that unless the Arbitrator finds the IME opinion to be credible, he will win his trial.

So does this doctor sound independent or credible to you?

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

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If you get injured on a business trip – whether it’s at the airport, the hotel, the convention center or a bar – you may be covered under Illinois workers’ compensation. In other words, you may be eligible for benefits, such as medical coverage and lost wages.

You’re probably thinking that’s a little crazy. We tend to agree – it’s a broad rule. But that’s the way the system works, and if you’re entitled to benefits, we want you to know.

Let’s say you live in Chicago, and you are in Denver for work. You decide to do some hiking in the morning before your meeting, and you fall and break your leg. Your entire reason for being in that city was for your employer’s benefit. You wouldn’t have been injured if it weren’t for your job.

When you’re home, injuries before and after work hours aren’t generally considered work related. If you get injured while getting a cup of coffee on your way to work or having a drink with colleagues after work, you probably won’t have a claim. But when you’re travelling for your job, almost everything you do while you’re there is considered work related.

There are exceptions to most rules. There are times when an out-of-town work injury isn’t covered; and there are times when an after-hours injury at home will be covered. Don’t decide that you don’t have a claim without talking to an attorney first.

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

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Illinois law says that workers who suffer a job-related injury are entitled to benefits (medical coverage, payment for lost wages, etc.) But what is meant by “job related?” If you are a construction worker and you fall from a ladder at the job site, the link is fairly obvious. But what if you have a heart attack on the job? Simply being at work at the time of the injury is not enough to be covered under workers’ compensation.

The difference is whether your job caused or contributed to your injury. If you can show this, you should be covered. In cases like heart attacks, the cause may be extreme work conditions, such as very hot or very cold weather, heavy lifting, long hours, etc. The problem is that there are a lot of other things that can cause a heart attack.

That said, we’ve seen many cases where a worker is able to prove that their job caused their heart attack and obtain full benefits. There are even cases where the heart attack occurred at home, after work hours, and the worker was still covered under workers’ comp.

The bottom line is that even if you have other factors that tend to contribute to heart attacks, if your job was a contributing factor, you can still get benefits. The key is to work with an experienced attorney, as well as a cardiologist, who can evaluate your entire situation.

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

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Carpal Tunnel Syndrome is injury to the nerve that goes from your forearm to your hand. Common symptoms are tingling, pain, and clumsiness handling objects. The pain or discomfort may be limited to your wrist, or it may travel up the arm, even to the shoulder.

Most people associate carpal tunnel with typing or other types of repetitive motion – grasping motion with the hands, bending of the wrist, etc. However, carpal tunnel isn’t just a repetitive stress injury.  It can be caused by one-time injuries, such as trauma to the hand or neck.

In many cases, a trauma to the hand, wrist, arm, neck, etc., can aggravate a carpal tunnel issue. So even if you weren’t in pain or having issues with your wrists, a sudden injury could cause symptoms of Carpal Tunnel Syndrome to surface.

Under Illinois law, injured workers are eligible for workers’ compensation benefits when a job aggravates or accelerates a pre-existing condition. If you had only mild carpal tunnel, or if you had it under control at the time, and you then suffered a hand injury at work causing your carpal tunnel syndrome to worsen or flare up, you would still be covered.

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

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When I started my statewide network of Illinois workers' compensation lawyers, one of the motivations for that was that I've seen too many attorneys who take cases that they shouldn't handle.  Sometimes it happens with lawyers that don't usually handle work injuries.  Other times it happens with work comp attorneys who end up taking a case that is in an area of the state they don't usually cover or involves an injury they know nothing about.

The other day I was called by a man who got a disease called rhabdomyolysis.  I've been doing this for a long time, but I've never seen this.  Basically it's an injury to muscle tissue that leads to a breakdown causing the damaged tissue to go in to the blood stream.  In this case, the caller hurt his arm and the damaged tissue put him in the hospital for four days.

Now I could have taken the case, but I've never dealt with that injury before.  While I know how to handle a case, I don't know about that injury and would have learned as I went.   I could probably do a good job, but this guy was much better off with me referring him to an attorney that I know has handled a similar case.  I asked around my network, found someone and sent him on his way.  He will achieve success and while it might not have been in my best interest to do that, it's certainly in the client's best interest.  And that is what helping a client should be all about.

Before you hire an attorney, especially if you have a unique injury, make sure your lawyer has done a similar case before.

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

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Maybe it was the last part of summer, but it seems that we have seen a lot of lazy lawyering of late.  In these tough economic times, an attorney should be thrilled to have you as a client, especially if you have a good case.

That said, we've seen three instances in the last week where attorneys failed their clients just because they wouldn't go to bat for them.  They were strikingly similar in that the clients had previous injuries (two had back problems, one had a knee injury) and although they had been healthy for over a year, the problem was occurring again with increased work.

It's not a slam dunk to make a claim that repetitive activities on the job caused your problem or made it worse, but those cases are winnable every day of the week.

The way they are won is by an Illinois workmans comp law firm actually doing their job.  You need a good opinion from a doctor and with that you should win.

Too many lawyers want the case that requires no work and causes the lawyer to add no value.  Those cases are few and far between and even then a good attorney will get more money for their client.  We think it's just pathetic when attorneys have other interests that stop them from giving their all for their clients.

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

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A reader asks:

I was hurt on the job when I tripped in a cooler.  I landed on my knee.  No one saw it because it was first thing in the a.m. and I was in the cooler.  Workers' compensation said that they might deny my case because I don't have a witness.  Should I be worried?

You should only be worried if you aren't being honest.  An insurance company might jerk you around, but that's where we come in.  Bottom line is that if you are a credible witness and your medical history reflects nothing other than getting hurt on the job, you will likely prevail. 

What I mean by that is if there is evidence that you might have hurt yourself playing softball or that you had been complaining of knee pain before this, there is a case to be made against you.  But if the only explanation is the one that you gave and you can credibly tell an Arbitrator that you felt fine before this all happened, there would not be much of a basis to deny your claim.

Of course your claim can be denied.  I tell my clients not to worry about the actual denial, but rather worry about our ability to successfully win your case.  If you are honest it usually works out.

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

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Fresh off the Illinois Workers' Compensation Commission presses:

We weren't involved in this case, but a Joliet maintenance worker who had a very significant pre-existing back problem was able to win a claim that his lumbar fusion was part of a new workers' compensation claim.

The worker had back surgery in 2003 and some problems after that.  He was working his normal job in 2006 when he jumped off a tractor and the back problem became worse.  Ultimately he had the fusion.

The Arbitrator and Commission relied on the worker's doctor who felt that he was in reasonably good health before he jumped off the tractor.  The jump aggravated the pre-existing problem to the point that a surgery was needed and the worker couldn't do his normal job.

The moral of the story is that a pre-existing problem does not bar you from having a case.  If your job accident aggravates or accelerates your problem you should win.

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our 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 suffering from a back or spine injury, you may be wondering what to do next, whether you need an attorney, or whether you have a workers' comp claim. Here are some answers, as well as some steps you should take after an injury.

1.   Herniated discs, etc.

A herniated disc, also known as a bulging, ruptured or prolapsed disc, is a common back injury. Discs are pads of cartilage that separate your vertebrae and cushion the spine from stress or shocks. Discs can be injured from a one-time trauma, such as a car accident or lifting something heavy, or from repetitive motion. They also can deteriorate over time due to aging. As a result, you may feel pain or numbness in your back or legs, or even your feet. Other common injuries include back sprains, strains and fractures. More serious back and spine injuries can result in paralysis, including paraplegia or quadriplegia.

2.  Workers' compensation

If your back injury was caused by your job, you are entitled to benefits under the workers' compensation system. The most important thing to do, whether you are injured suddenly or start to feel pain over time, is to see a doctor. Tell your doctor how you were injured. Also, notify your employer of your injury. After these initial steps, you'll want to file a claim with the Workers' Compensation Commission. You should be entitled to benefits, including 100% of your medical bills, lost wages for time off work, and more depending on the permanency of your injury.

3.  Pre-existing conditions

If you already had back problems before your job injury, you may be worried about whether you qualify for workers' comp. In Illinois, you are entitled to benefits if your job caused, or worsened, your condition. In other words, if you had a bad back but it was made worse because you had to bend and pick things up all day at work, then you can probably still get benefits. In these cases, your claim may be disputed by your employer or the insurance company. If this happens to you, you should hire a workers' compensation attorney to present 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 other day I posted an article I was asked to write about benefits.  This is the 2nd article I wrote on the types of injuries in work comp cases.

In Illinois, injured workers can receive workers compensation benefits for a variety of injuries. By calling our office, you can speak directly with an experienced Illinois workers compensation lawyer to discuss whether you can receive benefits for any particular injury. Below are some examples.

1.  Repetitive Trauma

Workers can recover benefits for injuries that result from repetitive movements when those movements are required for the completion of work related tasks. One of the most common types of repetitive trauma injuries is carpal tunnel syndrome, which usually results from constant computer use. Additionally, repetitive hammering with a heavy tool over time can eventually result in repetitive trauma injuries to the arms. Even standing for prolonged periods of time can constitute repetitive trauma to the legs if the standing is required to perform a job related task.

2.  Traumatic Physical Injuries

An employee can receive benefits for a traumatic physical injury if it occurs while performing a specific work related activity. For example, when a worker falls off of a ladder and breaks a leg, that worker can receive benefits because the injury occurred simultaneously by a specific work related incident. Likewise, a worker can recover workers compensation benefits for hyper extending his or her arm while reaching up to restock a shelf at work. Work related traumatic physical injuries represent the most common claim in Illinois workers compensation law.

3.  Occupational Diseases

When workers are diagnosed with diseases that result from exposure to elements at work that they ordinarily wouldn’t have exposure to outside of work, they can recover workers compensation benefits. For example, a coal miner can sue for a lung disease that is caused by inhaling coal dust at work.

4.  Mental Injuries

Workers can receive benefits for mental injuries that arise out of employment. There are two types of mental injures, those that arise out of emotional strain and those that arise out of physical injuries. An example of a mental injury that arises out of a physical injury is when a worker is hit on the head with a piece of equipment and suffers memory loss. An example of a mental injury that arises out of emotional strain is when an employee witnesses a hand amputation at work and suffers insomnia as a result of witnessing the event.

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our 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 readily accepted at the Illinois Workers' Compensation Commission that excessive typing will contribute to carpal tunnel syndrome.

That said, most of us spend some time during the day on a computer or phone typing when we aren't at work. 

Some insurance companies are trying to use this fact to deny claims.  Be very careful what you say about your social activities.  You don't have to discuss that with them.

As long as your job plays a role in you getting carpal tunnel syndrome, a good Illinois carpal tunnel syndrome attorney should be able to get you benefits.

There is one doctor in Chicago who is often hired by insurance companies and almost always says that typing at work didn't play any role in the carpal tunnel developing.  If that happens to you, we simply need to get a credible statement from your doctor that your job did play a role.  29 out of 30 times that should be enough to win 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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Hopefully you are not working today, but if you are stay safe.

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Thoracic outlet syndrome is caused by a compression of the nerves and blood vessels in an area just under your collar bone.  There are numerous possible causes of this problem such as obesity, genetics or pregnancy, but there are two main causes as relates to injured workers.

• Trauma. A traumatic event, like a car accident or being crushed by a machine can cause internal changes that then compress the nerves in the thoracic outlet. The onset of symptoms related to a traumatic accident is often delayed.  So you might be seeking treatment for one problem only to later discover you have thoracic outlet syndrome.
• Repetitive activity. Doing the same thing over and over can, over time, wear on your body's tissue. You may notice symptoms of thoracic outlet syndrome if your job requires you to repeat a movement continuously, such as typing on a computer for extended periods, working on an assembly line, or stocking shelves and repeatedly lifting things above your head.  If you repeatedly carry heavy loads low on your body (rather than against your chest), you may also notice signs and symptoms of thoracic outlet syndrome.

Unlike carpal tunnel syndrome or your basic back injury, most Illinois workers' compensation attorneys have very little experience with thoracic outlet syndrome.   It is an unusual problem because you can have pain in your neck, arm and hands all at once.  Often it is mis-diagnosed as a herniated disc or carpal tunnel.

While your attorney's job isn't to diagnose your problem, you do want a lawyer that recognizes the symptoms involved in these cases.  It is likely that your physician will have to give a deposition and a company hired doctor will have too also.  If your attorney doesn't know the right questions to ask it can be the difference between winning and losing your case, especially if an experienced attorney is representing the insurance company.

If this problem is not caught in time it can lead to permanent nerve damage.  Treatment can include physical therapy, medication or a very complex and risky surgery.

Our office is in Chicago, but we are not just a resource for finding a Chicago thoracic outlet syndrome attorney.  Rather we help everywhere in Illinois and would be happy to give you a free consultation.

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

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Cauda equina syndrome is one of the most life altering problems that an injured worker in Illinois can potentially face.  In a nutshell, when you injure your back you can suffer a severe problem called a herniated disc.  In rare cases these discs become compressed which causes a risk of permanent nerve damage known as cauda equna syndrome.  If you get this it commonly lead to leg paralysis, and loss of bladder and bowel function.

I am writing about this because of the horrible experiences from a client of ours.  He used to be a construction worker and originally hurt his back lifting sheet metal.  Like many of our clients he tried to "tough things out" and unfortunately that is where the problem developed.

You have to be pretty tough to ignore the pain from cauda equina, but doing so puts you at great risk.  In fact if it is not medically treated within 24 hours then it could become a lifelong problem for you.

If you notice loss of feeling in your back or legs or have stabbing, burning pain, get to an emergency room as soon as possible and insist on seeing an orthopedic surgeon right away.  Doing so can be the difference between just a bad experience and a  life of misery.

On a side note, cauda equina doesn't just start with a lifting injury.  It can happen from trauma like getting rear-ended in a car accident or even (and often) as a result of a doctor's error in back surgery. 

Again, don't keep your mouth shut if you have these problems.  Please see a doctor before it is too late.

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our 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 was a study done a few years ago by the Mayo Clinic that said typing doesn't cause carpal tunnel syndrome.  Although this study has been mostly rejected it has been used to deny cases.  There is one "independent medical examiner" that does a lot of work for insurance company who writes reports all of the time that says a typist's injuries didn't play any role in their carpal tunnel.

This is, of course, a bunch of non-sense.  The law is clear that if your job plays any role in your injury, including carpal tunnel, your case should be covered.   To imply that typing 70-80% of your day didn't at least aggravate a problem is absurd.

The good news is that most Arbitrators reject the findings of this well known company doctor and award benefits when your treating doctor is in your corner.

When looking for an Illinois carpal tunnel attorney, whether it's via us or someone else, make sure that your lawyer has handled a ton of similar cases.  If you are diabetic, obese, pregnant or have a thyroid problem your case will probably be contested.  A carpal tunnel lawyer that knows what questions to ask your doctor can be the ultimate difference between winning and losing your case.

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

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A reader asks:

Please help me find a Joliet workers compensation attorney or someone near there like Frankfort, New Lenox, Lockport or Bolingbrook.  Honestly, anywhere in Will County is  fine.  I was lifting a box at my job the other day that weighed about 50 pounds.  While doing that I had to sneeze.  As soon as I sneezed I felt a pop in my back.   I've got a herniated disc and the insurance company denied my case because they said injuries from a sneeze aren't covered as that could have happened anywhere.  Am I stuck dealing with this back injury on my own?  I can't work and will lose my house.

Generally speaking, if you just sneeze or cough or doing anything that isn't caused by your job, any injury from that will not be considered work related just because it happened at your job.

That said, this reader is different than most people.  He was carrying a 50 pound box when he sneezed and that surely played a role in him hurting his back.  It may take a report from an orthopedic doctor to win this case, but once that is obtained it's pretty clear that the job at least contributed to his condition.

The key to this case will probably be what he said if he gave a recorded statement (hopefully he didn't and you never should if they ask you to) and what he told his doctor when he gave a history of how he got hurt.  But barring anything unusual this case is a winner.

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our 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 Chicago workers' compensation law firm we respect had an interesting case that I thought would be a good blog post.

Basically the law in Illinois is that if your job caused, aggravates or accelerates a condition it is considered work related.  Just because it happens at work doesn't mean you win.  So if you are sitting at your desk and have a brain aneurysm or heart attack, you'd have to prove that the job played a role.

One of the biggest injuries to suffer that is among the hardest to prove is work related is a stroke.  This happens when there is a loss of blood supply to the brain, usually from a blocked or burst blood vessel.  If not treated right away it could lead to permanent disabling injuries.

The case our friends had involved a fire fighter who suffered a stroke while fighting against a big blaze.  At first you'd think the stress of the situation would make that a winning case, but even then you have to prove how the fire cut off the blood supply to the brain.  A written opinion and testimony from a neurologist will likely be needed.

Strokes often happen after someone has been struck in the head.  So if you are a laborer that gets hit in the head by a brick wall that collapsed, it might be easier to show that a subsequent stroke was work related.  On the other hand, if you are just sitting at your desk and have one or even if you are under a lot of pressure it probably isn't enough to win a case.

Even with a work injury, if you are essentially a ticking time bomb it can be very difficult to win especially given how difficult these cases are to begin with.

The firefighter did end up getting benefits.  If you are in that situation, like any other work injury, we suggest you be honest with your doctor and very detailed about what happened to you.  An attorney can add real value by painting a clear picture of your scenario.  Remember, the job doesn't have to be the only cause of the stroke, just a contributing cause.

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our 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 a cashier at a local grocery store.  I stand on a concrete floor every day and by the end of the day my feet are killing me.  If I get medical treatment for this will it be covered under workmans comp?

The answer is probably no.  Illinois courts have ruled that the act of standing, even for a full work day on concrete, is an activity that the general public is exposed to.  If you can't show an increased risk to the general public you lose.

So what would increased risk be?  There are a bunch of cases on this so here are a few examples:

1. Having to walk a long distance.  There is no set distance, but if your job requires you to walk all day and you get a foot injury you probably win.

2. Having to wear steel toed boots or other unusual footwear if this footwear contributes to your injury.

3. Having to walk on uneven surfaces.  We see this a lot on the construction site.  In fact we represented a laborer who had to move materials that weighed over 100 pounds all day on an uneven surface.  He messed up both feet to the point of having surgery with a pin put in his bones to hold them together.  He could never return to that job again.

Those are the three most typical examples.  In general though, whether it's a foot injury or anything else, you should think "does the general public deal with what I deal with?"  If the answer is no then you are likely entitled to benefits.  If you do get benefits, it is our experience that many of these injuries never really get better.  If that's the case your employer needs to allow you to work in a manner that does not affect your problem.

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

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I have written previously that the insurance company can't make you have a surgery.  In a follow up to that, a caller posed an interesting question.

My son was scheduled for knee surgery due to a work injury.  His doctor said that without surgery he wouldn't be able to ever resume his old job.  During the pre-surgery screening he failed the stress test due to some issue with his heart.  Now the surgeon refuses to due the surgery because it's not safe.  Will he lose his weekly workers' compensation benefits?

That's a really good question and a tough situation.  From a work comp standpoint it's not a worry though.  His benefits should not be affected in any way.  Since he can't have the surgery, if I was representing him I would ask for vocational rehabilitation from the insurance company which would help him see if there is any job he can do with what will likely be permanent restrictions. 

The other option is to see if there is treatment that can be done to reduce the risk of the surgery and actually make it possible.  There have been cases where doctors have recommended weight loss surgery and it became part of the workers' compensation claim.

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

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If you get hurt on the job and have a unique or truly disabling injury, it's important to hire an attorney who not only focuses their practice on workers comp, but also truly understands the medicine.  If your lawyer has never handled that type of injury before then in some ways they are practicing on your life.  A good example is broken hips.

Although many people think of hip fractures in older people, it happens a lot to workers that sustain a fall on the job.  There are two main kinds of fractures:

The first is femoral neck fracture.  This happens when the ball of the ball-and-socket hip joint is broken off the femur.  As it sounds, it is very painful.

The second is n intertrochanteric hip fracture which is a fracture just below the femoral neck. 

There are two other kinds that occur, but not as often, a femoral head fracture and a subrochanteric fracture.

Although a femoral neck fracture is slightly more serious, both injuries usually require surgery.  It's not uncommon for plates and screws to have to be put in to place in order to repair the fracture.  It's also not uncommon to have to re-repair the fracture in the future.  These can be some of the highest value work injury cases around and the difference between the right and wrong lawyer could be tens or hundreds of thousands of dollars.

From an Illinois workers' compensation perspective, it's important that your lawyer understand not only how serious these injuries are, but also how they will impact your future work life and life in general.

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our 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 your work injury causes, aggravates or accelerates a problem, you are eligible for benefits under workmans comp.

Aggravates or accelerates is the key thing to understand.  You can have a prior problem, but if the job accident makes it worse, you win.

In most cases, attorneys look to see if you were undergoing active treatment before the job problem.  If you went to the doctor in the last three months for back pain and now have back pain on the job, we'd have to show that it really made it worse.  If you had an MRI before the accident and it looks the same as an MRI after the accident, it's hard to show that the job injury really aggravated it.

It's probably a bigger problem if you went to the doctor within the week of the injury getting worse.  Again, you'd have to show a drastic change, e.g. you had knee pain, but then when you got hit by a forklift you tore your ACL and couldn't walk anymore.

On the other hand, if you've noticed a physical problem, but never previously went to the doctor for it, if the job accident was the final straw that pushed you to receive treatment then you will probably win your case.

Bottom line is that a pre-existing problem can create some hurdles, but it's not the death to a case and it certainly doesn't automatically stop you from bringing one.

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

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Opening Day is around the corner.  Spring is in the air.  But there must be something in the water because I've heard a lot of crazy stories about problem attorneys.  Here are a few samplings from readers.  Has any of this happened to you? 

-I have literally never spoken to or met my lawyer.  Every time I call I get a paralegal or his secretary.

-Since my case started, I have been assigned to five different lawyers.  The first four quit the firm or were fired.  The fifth one, like the others, has only been an attorney for a few months.

-I live in Rockford, but got hurt on business in Joliet so apparently the case has to be filed there.  I hired a local Rockford guy who answers all my questions, but now that my case needs to go to trial he wants to refer it to someone else because he has no other cases in Joliet and says that handling my case will disrupt his practice.

-Ten messages in two weeks.  No return phone calls.

I don't want to defend bad lawyers and if you read my blog you know I don't.  But the first three complaints could have been solved with some smart interviewing and exploring.  In other words, those attorneys never should have been hired in the first place.  Most importantly, never hire an attorney before you actually talk to them.

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

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A caller who was taken advantage of by an attorney called us recently, very upset.  He had a shoulder surgery and because his wage was low, the settlement amount he was offered - which his attorney recommended he take - was not that high.  He called us wanting to know what we thought was fair.

It's almost impossible to give a good valuation without seeing medical records, but that's not why I am writing this post.  During the conversation it was revealed that the reason the client was upset with the offer is because his attorney told him when he first signed up that he was shooting for a settlement of around $1.2 million!!!

Now if you aren't that familiar with Illinois workers' compensation laws, you might not know that in even the most serious, life altering situations, a case is not worth near that much money.  We obtained the highest settlement that we have ever seen at the Workers' Compensation Commission and that was for $800,000 for a young, permanently disabled client.   Most cases where the worker makes a good recovery go for somewhere in the five figures and some others where the injury is major or the recovery isn't good go in the low to mid six figures.

For a lawyer to tell his client to expect over $1 million on a case where the client is going to be returning to his normal job is just scummy and an example of why lawyers have a bad name.  If you went to me about handling your case and I estimated it was worth $50,000 and another lawyer estimated $1,000,000, you'd probably hire the other guy.  But if it seems too good to be true then it probably is.  Now this other lawyer is facing an ethical violations report and the client is pissed. 

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

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A reader asks:

I hurt my leg on the job six months ago and had surgery.  My injury was not disputed and the insurance company paid for everything.  I'm still undergoing treatment, but was getting better.  Last week I stepped in a hole in my yard, twisted the same knee and now am facing more treatment and probably another surgery.  The insurance company cut off my benefits.  Can they do that?

They can certainly cut off your benefits because all they need is a reasonable basis for doing so.  This is probably reasonable enough.  The bigger question is who will win that argument in the long run.

Of course every case is different, but when you are still under treatment and your body is "weakened" the good news is that Illinois courts have held that a new accident is not really a new accident, but a continuation of the old one.

So if your doctor will testify that your knee was weakened or de-conditioned then you stand a great chance at winning benefits.  On the other hand, if you were all better or almost there or your doctor won't agree you were in a weakened condition then you may have a problem.

If this happens to you, a quick review of your medical records should tell you if there is a case or not.  But don't assume that because something new has happened that you have no chance.

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

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A client asked a good question about HIPAA laws and their doctor disclosing medical information about their claim.  Basically HIPAA says that you have to consent to a release of your medical information.  The client was upset that his managers could potentially see his medical records.

While medical records in work injury cases are typically seen by only the insurance adjuster, it's a valid concern.  The problem is that if you want to pursue an Illinois workers' compensation claim, you have to consent to your employer having access to your medical records.   It makes sense as how else would they know if you are really hurt and how can someone pay a bill if they don't know what it's for.

The problem to look out for is when the insurance adjuster or anyone else wants to talk to the doctor about your care.  That is against both HIPAA and the Illinois Workers' Compensation Act.  Too often we've seen this interference result in our clients not getting the treatment that they need.  Stopping it is often the first thing that we do.

We are certainly not HIPAA experts, but it can argued that while your employer does have a right to your medical records that relate to your claim, they don't have a right to records related to other problems.  This is up for debate as no one can agree who is the best judge of that and it has been rarely tested.

Finally, if you have a HIPAA violation, the right thing to do is complain to the Department of Health.   There is no right to sue over these violations although the Government can fine a provider up to $250,000.

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

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In some odd coincidence, I recently had two calls within 24 hours from two people that had very similar situations.  Both had worked for a company where they did a lot of repetitive work.   Both took a leave of absence for reasons not related to a job injury.  Both said that they had problems in their hands and wrists before they left, but never told their employer.  Both finally went to a doctor around six months after the last day worked.  Both now wanted to pursue an Illinois workers' compensation claim.

Unfortunately I couldn't help either of them.  It's possible under Illinois law to file a case for an injury even when you are no longer working for your company.  It's also possible for you to bring a case if you don't go to the doctor until after you are no longer working.  In one case a worker waited two weeks before seeing their doctor.  The Illinois courts have said though that the longer you wait the harder it is to prove that a repetitive trauma injury is related to your previous job.

In these cases six months had gone by.  They might testify credibly and honestly that their hands have bothered them the whole time, but the counter to that would be "why didn't you go to the doctor and why didn't your problem get better when you were no longer working the repetitive job?"  That's a hard defense to beat and we don't think any Arbitrator would rule in their favor.  On top of that there is a possible defense if they didn't notify their employer within 45 days of when they thought they had a problem with their hands.

We don't tell people what they want to hear, but we do always tell the truth.  The truth is that these cases just aren't winners.

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our 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 is just very sad.  From the Chicago Suntimes:

Swimmer drowns at indoor pool on NW Side

A man who was in the county on business dove into an indoor swimming pool at an apartment complex on the Northwest Side and apparently drowned Thursday night on the Northwest Side.

At 6:35 p.m. a 911 call after the man -- who was  identified by the Cook County Medical Examiner's Office as 25-year-old Ashish Kumar -- was found at an indoor swimming pool at the Pavilion Apartments, at 5461 N. East River Rd., police said.

Pictures from a video camera showed the pool and a man walking out of the area, leaving Kumar by himself. Then Kumar dove into the deep end of the pool which is about 8 feet deep and the video showed him struggling to swim, panicking and then sinking to the bottom of the pool, police said.

The man who was there earlier came back and called someone from the building, who called 911. 

Kumar, 25, was was pronounced dead at 7:36 p.m. at Resurrection Medical Center, according to the medical examiner's office.

Police said Kumar was here on business and was staying at a corporate residence at 5441 N. East River Rd., police said.

Police said there is not a lifeguard on duty, but warning signs are posted.

Police News Affairs Officer Hector Alfaro said police began a death investigation at 6:50 p.m.

Foul play is not suspected and Grand Central Area detectives are investigating.

Not to be insensitive, but the purpose of this blog is education.  Since Mr. Kumar was here on business and was doing a reasonably foreseeable activity, his estate would have a workers' compensation claim in Illinois.  At the least like any other death case in Illinois they would have to pay all of his medical bills and $8,000 toward funeral costs.  If he had a wife or children they would get a minimum of $500,000.00 as a death benefit, likely more given his young age.

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The #1 thing we tell our clients is to be honest with us, honest with their doctors and honest with themselves.  A case will blow up if you do anything else.  You will get caught under surveillance or by a company doctor.   We've seen cases where neighbors have turned in liars and it's resulted in an arrest for workers' compensation fraud.

But a story we heard from an attorney we know takes the cake for worst liar ever, even worse than Tiger Woods, Bill Clinton or the family of the balloon boy.  Long story short is that his client had an arm injury and told her doctor that she couldn't lift it above her head.  Well the insurance company contested the case and forced a trial.  No big deal, happens all the time.

Well at trial the defense attorney asks her what happens if she tries to lift her arm above her head and she described a terrible pain that shoots through her whole body.  He then proceeds to play a video tape of her on a trashy talk show about men who cheat and it showed her just months prior lifting her arm above her head and repeatedly striking her ex.

Most lawyers will tell you that Matlock moments like this just don't happen and they really don't happen at the Illinois Workers' Compensation Commission.  But it did because she was a liar.  And she killed her case because she actually had a legitimate injury to begin with.

If our clients lie to us we drop them.  Period.

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

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We had nothing to do with this case, but it shows what it takes to prevail when injured on the job as a result of a fight.  The short version is that the fight has to be about work and you can't be the aggressor.  The following is from the Chicago Daily Law Bulletin:

Claimant Darius Wicks suffered an injury to his left arm at work as a delivery truck driver for an appliance retailer on Jan. 6, 2002, as a result of a physical altercation with his supervisor about the claimant's delivery schedule. The claimant was charged with and convicted of battery in connection with the incident. He then sought workers' compensation benefits.

An arbitrator concluded that the altercation was "related" to his job but denied compensation because the claimant's criminal conviction collaterally estopped him from asserting that his supervisor was the aggressor. The Workers' Compensation Commission rejected the arbitrator's finding, saying that since the claimant wasn't the "initial aggressor" he was entitled to medical expenses, temporary total disability benefits and permanent partial disability.

On judicial review, the circuit court set aside the commission's decision and the claimant appealed. The appeals court reversed the circuit court and reinstated the commission's decision in favor of the claimant.

The appeals court said that an injury is said to arise out of one's employment if the injury had its origin in some risk connected with or incidental to the employment so as to create a causal connection between the employment and the injury. Therefore, the court said, where a physical altercation occurring at one's place of employment involves a personal dispute unrelated to work, any injury that results is not considered to have arisen out of the employment.

On the other hand, the court said, any injury resulting from a fight between two employees involving a work-related issue is considered a risk incidental to the employment and is therefore compensable. However, the court said that the principle known as the "aggressor defense" provides that even if a fight is work-related, an injury to the aggressor is not compensable.

The appeals court said the rationale for the aggressor defense is that the claimant's own rashness negates the causal connection between the employment and the injury so that the work is neither the proximate nor a contributing cause of the injury.

In this case, the appeals court said the evidence showed that the claimant's supervisor tackled the claimant and broke his arm after the claimant complained about one of his deliveries. When the claimant asked the supervisor why he had attacked him, the supervisor responded by pushing and striking the claimant once or twice.

The appeals court found that the evidence supported the commission's decision to award benefits to the claimant on the basis that the supervisor was the initial aggressor. The appeals court rejected the arbitrator's finding that the claimant was collaterally estopped from asserting that the supervisor was the aggressor in view of the claimant's battery conviction.

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our 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 took the opportunity today to answer the question of an injured worker about his rotator cuff tear and how his old case will effect his new case.  He has a lawyer who is part of a 15+ attorney law firm. 

His lawyer is on vacation.  Fair enough.  But none of the other attorneys will take his call, not even to answer a basic question.  He was told by one that he finally got on the line that he was too busy with his clients to worry about the cases of his associate.  Yikes!!!

What is the point of hiring a lawyer who has partners if they run their practice like it's every man for themselves.  Thank goodness for this worker that he wasn't facing a serious issue like having his medical treatment denied.  His lawyer isn't back in the office until 2010 so it would be too bad for him.

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

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Quick primer on some unique injuries in Illinois workers' compensation:

Bee stings: If you get stung by a bee and then get hurt from that (e.g. bee stings you and you hurt your knee trying to run from it) it's probably not a case.  The theory is that you are at no increased risk to the general public of that happening.  Bee stings could happen anywhere.  On the other hand, if you are a bee keeper or work in a place that is infested with bees that would be a different story.

That curb tripped me: Again, it's typically not an increased risk situation if you trip on a curb.  But if you are a traveling employee that might be enough to make it a case.

Allergic reactions: If your job requires you to work with a product like latex and you have an allergic reaction, that is a case.  The employer needs to find a way for you to do your job without the latex being a problem.

Black eyes and broken noses: If you get in to a fight with a co-worker about a work issue and are not considered the "aggressor" then your injuries are covered.  If you are the aggressor or you are arguing about things that have nothing to do with work (e.g. why the Bears are so bad) then it's likely not a case.

Burns and scars: Any disfigurement from a work injury is compensable as far as medical bills and lost time go related to that injury.  For permanent compensation you need to show disfigurement above the knees or below the navel or anywhere else on your body.  In other words, if hot grease gets spilled on your stomach at work, the resulting scar might not be worth anything.  But if it's on your arm then you have a claim.

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

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We get a question like this a lot and received this question very recently.  It's an easy answer.  There is no such thing as the "best."

The right workers' compensation attorney for you may not be the right lawyer for your neighbor or someone that lives/works three hours away from you. 

In figuring out who is best for you, we think of the following:

-Who will be the Arbitrator?

-What is your injury?

-Are there unique facts about your case such as questions as to whether or not you are an independent contractor?

-Is your case likely to go to trial?

-Is there a certain personality trait in an attorney that would be good for you?

-Do you need anything special like a foreign language speaker?

-How urgent is your case (e.g. have your benefits been cut off)?

There is no one right answer.  For example, if your benefits have been cut off, hiring a one attorney law firm where the lawyer is about to go on vacation would not be a good idea.  You have to think about what is best for you and what is really unique about your problem.

All that said, the two main things to look for in our opinion are what percentage of the lawyer's time is spent on workers compensation cases and how much experience do they have with your type of 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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In general, if you are driving your car to work to start your day or home after a long days work, injuries that you sustain in a car accident are not covered under the Illinois Workers' Compensation Act.  There are, however, a few exceptions.

1. If you are a "traveling employee" and driving to or from a client site, injuries from a car accident would likely be covered because you are benefiting the employer.  An exception would be if you "deviated from your normal route."  e.g. If you were driving to a client meeting, but stopped at the mall to go shopping.  An injury there would not likely be covered.

2. If you are carrying materials for your employer.  In a recent case, a construction worker loaded materials in his truck at the end of the day to bring back the next day.  Because this activity benefited the employer he was able to win benefits when he was in an accident.

3. We have seen cases where employees drive around company cars that essentially serve as an advertisement for the company.  You've surely seen cars with websites and phone numbers all over them.  When this happens and you are in an accident while driving, a strong argument can be made that promoting the company was part of your job.

The general theory around all of these cases is that the employer "expands the range of employment" by having transportation be used for the benefit of the company.  If you think that is what happened to you let us know and we will tell you if we think that 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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A reader asks:

I suffered a torn rotator cuff injury which I had surgery. Since then have had numbness to my hand. The numbness comes during periods of time standing or walking. My doctor who is well qualified thinks it might be carpal tunnel but waiting to see if the swelling in the shoulder is possibly causing it.  My question is that if it turns out to be carpal tunnel is this a new case or is this a injury that came from the rotator cuff injury?

We see this a lot where one injury caused another.  We've had clients with leg injuries who have fallen down the stairs and broke their arm.  We've had others that used crutches and ended up with an elbow injury.  And we've seen some clients start with rotator cuff surgery that end up with carpal tunnel.

As for whether it's one case or a bunch of separate cases, that answer depends on what your doctor thinks was the cause of your problem and whether or not there was a new accident.  It's often a big benefit for the client to have a 2nd case because the more recent an injury date, the higher the PPD or TTD rates can be.

In general though, we don't think you should worry about whether you have one cases or two cases.  The most important thing is to get the proper medical treatment so you have your health.

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

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Within the last week we have received a call from an emergency room doctor that has tuberculosis and a nurse that has hepatitis C.  They both obviously spend their work days around sick people, many of whom have contagious diseases.  The nurse has been stuck by many needles and been in surgical situations where blood was everywhere.  The ER doctor works in a low income area where people don't have health insurance and often treat the ER as if it's the family doctor because service can't be denied.

Neither can pinpoint a specific date in which they got sick and neither can 100% prove that it was their job that caused the illness.  So how do they get workers' compensation benefits and when is the accident date?

In absence of a specific accident, the accident date is when you knew or reasonably should have known that your problem might be work related.  This is likely the date you got diagnosed.  As for proving that it is work related, it's almost impossible to show for sure that the job was the cause, but you can show that it likely was and that's all you need to do.

The best way to prove a case like this is to have you credibly testify as to what you do for work and what you do out of work.  Take the nurse for example.  If she testifies that 40 hours a week she is working with patients and is often exposed to blood, has been stuck with needles and is generally around sick people, that helps her case. If she (honestly) testifies that in her free time she hangs out with her family, goes bowling and to church, that helps her case. 

But if she were to (again honestly) testify that in her spare time she has lots of sexual partners or regularly shoots up heroin or has been getting lots of blood transfusions for an unrelated illness then it hurts her case.

It is up to the Arbitrator to determine that more likely than not your job was the cause of your problem.  By looking at your whole life experience, not just your work life, we can usually determine how the Arbitrator will decide your case.

This is another example that being honest gives you the best chance of a good result.  If you testify that you do nothing but go to Church and work, but the defense brings in a witness that says you take drugs with them all the time you will look like a liar and will lose 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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If you are walking down the hall at work, slip on a wet spot and twist your knee, there will likely be no argument that the act of slipping is what caused your injury.  If you type all day and get carpal tunnel, there might be an argument as to what caused your injury, but most doctors will agree that typing can contribute to that problem.  In both examples, winning Illinois work comp benefits should be fairly straight forward.

But when you are exposed to chemicals on the job, proving that they are the cause of your disability can be a greater challenge.

For example, we get a lot of calls from truckers that have breathing problems.  A lot of them have inhaled exhaust and fumes.  Unlike diagnosing carpal tunnel or another repetitive trauma injury, injuries from exposure to fumes are harder to medically document.  Even if you can get a diagnosis, it's a challenge to prove to a doctor how much you have really been exposed to.  This is different than a secretary who can credibly testify as to how many hours a day they type and in some cases can pin point the number of keystrokes entered in a day.

If you feel that you have suffered an injury from chemical exposure on the job it likely falls under what is called the Occupational Disease Act.  This is similar to the Workers' Compensation Act and those injuries are also handled by the Illinois Workers' Compensation Commission.

Like every other case, you have to prove your injury is work related.  That is best done by a doctor who has accurate information.  One way to get your doctor this information is through an independent investigator.  OSHA is a Federal Agency that investigates dangerous job conditions.  They are the right people to call to gather evidence. 

In some cases the injury is so severe that we will hire private investigators to gather the evidence needed to prove your claim.  In others the employer is cooperative and cares about their employees and helps us obtain the proof.  Finally in some cases there is a third party that was responsible for the problem (typically a cleaning company or construction crew).  We can sue them to obtain information as to the chemicals they were using.

In general, chemical exposure cases are more of a challenge and take longer to get ready for trial.  But if your attorney is willing to do the work the evidence can be found and your case can be proven.

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

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In Illinois, injured workers can receive workers compensation benefits for a variety of injuries. By calling our office, you can speak directly with an experienced Illinois workers compensation lawyer to discuss whether you can receive benefits for any particular injury. Below are some examples.

1

Repetitive Trauma

Workers can recover benefits for injuries that result from repetitive movements when those movements are required for the completion of work related tasks. One of the most common types of repetitive trauma injuries is carpal tunnel syndrome, which usually results from constant computer use. Additionally, repetitive hammering with a heavy tool over time can eventually result in repetitive trauma injuries to the arms. Even standing for prolonged periods of time can constitute repetitive trauma to the legs if the standing is required to perform a job related task.

2

Traumatic Physical Injuries

An employee can receive benefits for a traumatic physical injury if it occurs while performing a specific work related activity. For example, when a worker falls off of a ladder and breaks a leg, that worker can receive benefits because the injury occurred simultaneously by a specific work related incident. Likewise, a worker can recover workers compensation benefits for hyper extending his or her arm while reaching up to restock a shelf at work. Work related traumatic physical injuries represent the most common claim in Illinois workers compensation law.

3

Occupational Diseases

When workers are diagnosed with diseases that result from exposure to elements at work that they ordinarily wouldn’t have exposure to outside of work, they can recover workers compensation benefits. For example, a coal miner can sue for a lung disease that is caused by inhaling coal dust at work.

4

Mental Injuries

Workers can receive benefits for mental injuries that arise out of employment. There are two types of mental injures, those that arise out of emotional strain and those that arise out of physical injuries. An example of a mental injury that arises out of a physical injury is when a worker is hit on the head with a piece of equipment and suffers memory loss. An example of a mental injury that arises out of emotional strain is when an employee witnesses a hand amputation at work and suffers insomnia as a result of witnessing the event.

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our 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 received a call a while back from a nurse at a Chicago area hospital.  She had developed a C-diff infection and was looking for a lawyer.  C-diff, like many infections, can be life threatening and is known to cause major colon damage.

The question for this nurse or anyone that thinks their infection is job related is how do you actually prove that you picked it up on the job?

Like any other case where you don't have a specific injury (e.g. back pops while lifting a box), you need your testimony about your job activities and an opinion from your doctor that your job contributed to the condition.

In the case of the nurse, she knew that there were patients on her floor that had C-diff, but because of confidentiality rules, she couldn't get those records.  We were able to achieve success for her because her independent knowledge, along with the fact that she had no other reliable contributing factors, caused an infectious disease doctor to state that more likely than not her work as a nurse played a role in her getting C-diff.

Whether you get C-diff, MRSA, or any other infection, it is your burden to show that it's work related in some way.  By properly explaining your situation to your doctor you can usually succeed in obtaining benefits when the evidence is on your side.

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

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In a recent Chicago Tribune article, it was noted that a Judge in Indiana ordered an insurance company to pay for lap-band surgery for a 340 pound injured worker.  It was the doctor's opinion that before back surgery took place the worker needed to lose a lot of weight in order for it to be successful.  The worker was 340 pounds when hired, but the doctor and Judge felt that the work injury made the weight situation worse.

I have researched this issue and as far as I can tell, a similar case has never been decided in Illinois.  It came up on a case I handled a few years ago, but my client decided not to pursue it because he had an $800,000 offer to settle and was going to take $25,000 of that money to get his surgery. 

The reason this issue probably hasn't come up in the past in Illinois is the same reason my client didn't pursue it.  You can all but guarantee that the worker who takes this one will have a case that is going to at least the Illinois Appellate Court.  I think that an injured worker whose doctor wants them to have weight loss surgery would win their case, but it might take 3-5 years before the case is finalized.  In the meantime you might be in serious pain and without financial benefits.

Would you want to suffer for many years in order to help out future injured workers that are in the same shoes as you?  I wouldn't.  The only way that we actually see a case like this going before a Judge is if someone has health insurance that can pay for their care and in the meantime the attorney can file the court case with the expectation that by winning the health insurance company will get paid back.

Workers compensation laws in Illinois really favor the workers, but when you have a unique issue, you can win your case, but still feel like you lost because your claim was dragged out in court for years.

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our 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 Chicago man called us the other day looking to learn more about whether or not his plantar fasciitis was related to his work activities.  We won't go in to his specific facts, but here are some things to think about:

1. The plantar fascia is a medical term for the cushion from your heal to the bottom of your foot.  The older you get the more worn down it gets.  It also wears away with excessive use.

2. If you have a simple desk job it would be difficult to prove that your heal injury is related to your job unless you had a specific incident where you banged your heal against a desk or something like that.

3. Most Illinois workers' compensation cases that involve plantar fasciitis are from people that have to walk an excessive amount or have to work on un-even surfaces.  We have also seen cases where having to wear certain types of footwear like steel toed boots contributed to the problem.

4. Other common contributors to the problem are obesity and diabetes.  Remember though, even if you have those problems, if your job aggravates or accelerates your condition it should be covered.

5. Like most injuries, the most important thing to do if your heal is hurting is to see a doctor and hopefully solve the problem before it's too big.  The longer you wait the more likely surgery is going to be needed.

6. Finally, it's not uncommon for these problems to last a lifetime, even with surgery.   Many of our clients have been given permanent restrictions or forced to find a new job.  The good news is that IL work comp law protects you in that situation.

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

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We've received a lot of e-mail questions lately from the blog (thanks for that).  Here are five good questions that we thought readers would want to know the answers to:

I fainted at work because the air conditioning was out and hit my head.  Does my employer have to pay my bills?  Generally fainting is not covered unless you can show something about your job contributed to it like having to work in an unusually hot environment.  If that was the case here it should be covered.  FYI, if you had fainted on a scaffold, ladder or other dangerous device, even if the fainting wasn't work related, the fact you were in a dangerous position for your job would make the case a winner.

I have a scar on my face from a work injury.  Does the insurance company have to pay for plastic surgery?  If your doctor thinks it's medically reasonable then yes.  We can't imagine a Judge turning that one down.  If it was on a place like your low back, thigh, etc. it would be more of a challenge.

My job requires me to stand eight hours a day.  I now have tarsal tunnel syndrome.  Do I have a case?  The act of having to stand isn't a case.  However, if you have to stand on uneven floors, walk a great distance, wear protective shoes, etc., that could change things.  

I was in physical therapy for a back injury and during some of the exercises hurt my knee.  What now?  Because you were in PT for a work related injury, the knee injury would be part of that case too.  It's all covered (or will be by the time we are done with it).

Broken foot on the job.  Now my elbow hurts from using crutches.  Is that a  new case?  This happens all of the time and much like the physical therapy example, since the new injury can be traced back to the original injury it is all part of the same claim.

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

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Every now and then we hear from someone who tells us with 100% certainty that their current or former attorney was bought off by the insurance company.  It's just not true.

Look, we point out lawyers that don't fight for their clients all over our blog.  We are shocked by some of the behavior that we see.  But there is no way an Illinois work comp attorney would get bribed by an insurance company.  There are so many reasons:

1. There is no way that an attorney would risk his career when he could just do the work and make the money.

2. Even if a lawyer would sell out his client and take a bribe, there is no way that an insurance company could or would bribe a lawyer over a simple work injury case, even if the exposure is huge.  Aside from the fact that it's a felony, the insurance company, who likely makes tens or hundreds of millions a dollars a year, would lose the right to write insurance in Illinois.  To get a check cut for the settlement of a case would take a conspiracy amongst many people including an insurance adjuster.

3. Most adjusters on workers' compensation claims gain nothing by having the case settled.  Why would they commit a felony to help out the company.

We agree that many lawyers don't fight for their clients and don't get as good of a result as an attorney who gives effort could get.  But are they on the take?  No 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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If you are claiming that a repetitive trauma injury like carpal tunnel or anything else is work related, at some point a credible medical doctor is going to have to put in writing that your job caused, aggravated or accellerated your condition.  Typically if you get that you will win.

To make that opinion stand up, you need to be very clear with the doctor about what your job duties involve.  In many repetitive trauma cases the insurance company will find a "hired gun" IME doctor to say that your problems were not caused by your job.  To combat that you need to show that your doctor has a true understanding of what your job entails.

This was demonstrated in a recent decision by the Illinois Workers' Compensation Commission.   A computer analyst won his case when the Commission found that the treating doctor had adequate knowledge of what the analyst job involved.  They specifically said that this was persuasive in their opinion.

Don't assume that your doctor knows what being a secretary or lineman or analyst or any other job means.  Tell him or her what you do all day, how often you do it, how many hours you work and what you notice when this activity is happening.  

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

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This was a comment from a reader who got lateral epicondylitis from working as an assembly line worker.  With no training he started a 12 hour day with heavy use of his right arm.  At the end of the 2nd day his elbow was really hurting him.  After two more days of work he went to his doctor who referred him to an orthopedic specialist that made the diagnosis.

He didn't want to risk his job, but knew that if he failed to report his injury to his boss he could forfeit his right to workers' compensation benefits in Illinois.  He told his foreman that his doctor felt the job was contributing to the problem and the foreman just blew it off saying that he didn't work there long enough to have a job injury.

Of course the foreman is wrong.  This is a legitimate injured, detailed as caused by the job from a medical doctor who specializes in treating elbow problems.  We will take on this case and get benefits for our client who now needs surgery.  Had he waited too long he likely wouldn't have been able to do the job and he would have risked eligibility for benefits.  If they let him go they will have to keep paying him benefits until he has a full duty release so they actually have a motivation to keep him on.

Moral of the story:  Don't listen to non-attorneys when determining if you have a valid case.  This is especially true if the person giving the "advice" doesn't have your best interests at heart.

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

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1. If your hands, back, arm or whatever is hurting is more than just an ache, get to a doctor.  Often these injuries can be cured with prompt medical care.

2. When you see your doctor make sure that you give a very detailed description of your job activities.  To win a repetitive trauma case like carpal tunnel, herniated disc, De Quervain's, etc. you need an opinion from a credible physician that your job played a role.

3. Inform your employer as soon as possible.  If you don't let your employer know about your problem in time, your case might get dismissed.

4. If you have work restrictions, follow them.

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

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Someone e-mailed us yesterday because there boss told them that cubital tunnel syndrome is not covered under Illinois workers' compensation laws.  Of course that is 100% false.

Cubital tunnel syndrome is typically a repetitive trauma injury to your elbows.  We see this injury in workers that have to flex their elbows a lot, typically movers or other laborers, but also bank tellers, secretaries and anyone else doing repetitive work.  It's not as common as carpal tunnel syndrome, but it happens a lot to workers in Illinois.

Much like carpal tunnel, cubital tunnel is usually fixable with surgery and the success rate is really good.  It can also be treated with physical therapy, job modification or rest.  As a FYI, since we get asked this all the time, if you bring a workers'  compensation claim you can not be forced to have surgery.

If you have any questions about cubital tunnel please call us at (312) 346-5578 for a free consultation.

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

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When you lift a box on the job and feel a pain in your back, it's clear that the work activity contributed somehow to your injury.  When you lift boxes day after day and one day wake up with pain in your back shooting down your leg, it's not as clear cut that your job activities contributed to your injury.

The good news is that if your doctor will state that your job duties have played a role in your injury, you should get Illinois workers' compensation benefits.  Recently the Illinois Workers' Compensation Commission ruled that a production worker who had to turn his body left and right several times a day proved that his herniated disc in his back was work related.

If you suspect a repetitive trauma injury we suggest three things:

1. Give your doctor a very detailed description of your job duties.

2. Make sure that you ask the doctor if your job played any role (e.g. aggravated or accelerated) in your injury.

3. Advise your employer of your problem, in writing, as soon as you suspect that your job played a role in your problem.

None of this guarantees a result, but with a good medical opinion and a legitimate injury from repetitive activity you can usually prove 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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Every case that is filed at the Illinois Workers' Compensation Commission requires an accident date.  It's clear cut when you hurt yourself lifting a box, but if you have carpal tunnel or another repetitive problem then it's not so obvious.

The law states that the accident date is supposed to be the day that the injury manifests itself (when the condition became apparent).  That has been liberally interpreted and often is held to be the first time that the worker sought medical treatment for the problem or the first time that someone suggested that the problem is work related.

As a worker, it's very important that as soon as you know of a problem you tell your employer because you are supposed to report an accident within 45 days of when it happened.  Failure to do so could cause a legitimate case to be dismissed.

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

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Don't take our word for it.  The Illinois Appellate Court just ruled that an electrician whose work duties varied - compared with someone who does a single task every day on a repetitive basis - could still bring a case for repetitive trauma.

In this case the electrician alleged that he got carpal tunnel, cubital tunnel and pronator syndromes due to his repetitive and hand intensive work.  The defense said that benefits should be denied because the work was varied.  The Court disagreed and said that even though it wasn't the same task over and over, it was repetitive enough.

Based on the Court's findings, the injured worker received approval for six needed surgeries, all of which will be paid for by the insurance company.

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

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Writing that title actually makes me feel odd because it comes off as if we are encouraging someone to file a case.  We only take legitimate cases with serious injuries that are backed up by medical evidence.  We also follow case law updates and use the law to help our clients.

One case from a few years back found that someone who had worked a repetitive nature job for just a couple of days and developed carpal tunnel was entitled to Illinois workers' compensation benefits.  Her doctor said that the new job activities aggravated a pre-existing condition.  Under Illinois law that is the standard to be met for proving a case.

While you can expect that if you allege an injury on the first week of the job that the insurance company and/or employer will fight you, if it's a legitimate injury supported by your doctor, we will fight back on your behalf.

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our 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 type all day and get carpal tunnel syndrome it wouldn't surprise anyone that your injury was in part caused be your job activities.  Prove that and you win your case even if you have underlying risk factors.

We've stood before many an Arbitrator and had injured clients demonstrate how they used their hands when typing and the pain they noticed.  Unfortunately you can't easily demonstrate how you use your heart when working.

The fact of the matter is that if your job plays a role in having a heart attack you should have an Illinois workers' compensation case.  I'm not talking about normal stress, but rather the actual job duties.  In other words, if you are lifting heavy material all day it's going to make your heart work harder.  If after a day of heavy lifting you have a heart attack we think it should be a work comp case.  Or if over time you do a ton of lifting, work in extreme heat or cold or do anything else that is a risk we'd likely pursue your case.  To win we simply need to talk to your cardiologist, explain the law and ask if your job played any role in your heart attack.

We do the exact same thing on all of our other cases.  Just because you can't see how the job caused your injury doesn't mean it didn't happen.

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

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