Workers Compensation Lawyer in Chicago, Illinois Work Injury Attorney

A reader called in and was explaining the problems with his case.  Basically his doctor has prescribed a spinal cord stimulator and the insurance company for no reason hasn't approved it for three months.

I explained that it's a simple problem to solve; file a trial motion and petition for penalties and fees.  His response floored me.

He said he told his attorney he wanted to go trial and his lawyer said no because he "doesn't want to hurt his relationship with the defense attorney."

Yikes!

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A recent streak of calls presented a bunch of red flags to us.  So in the hope that it will help someone out, here are three warning signs when it comes to hiring an attorney for an Illinois work injury.

Don't let the lawyer direct your medical care: If you want a recommendation of a good doctor then ask your lawyer; if your lawyer has an opinion about a doctor or your treatment they can offer it.  But we are lawyers, not doctors.  I get calls once a week from doctors that want me to send my clients to them and offer to send their patients to me.  It loses me a lot of money to turn that down, but we do because it is un-ethical.  If your doctor wants you to work with a certain lawyer or your lawyer wants you with a certain doctor then it just smells wrong.

What other areas of law does your lawyer handle: We typically suggest you get someone that does nothing but workers comp.  That said, personal injury, social security and employment law are natural extensions of workers comp.  On the other hand, if your attorney is also taking on divorce, criminal defense, estate planning, immigration, etc. it should make you wonder how much they really know about workers compensation laws in Illinois.

Are they assigning a brand new attorney to your file?:  Every lawyer has to start somewhere, but do you want them starting their career on your case?  I wouldn't, especially if it's a tough one.  We had a recent call where a law firm assigned a case of a steel worker with a herniated disc to an attorney who was admitted to practice law in November.  Saying that a senior partner will supervise the file is a load of crap in our opinion.  They certainly aren't on the phone when you have questions and they aren't on the phone or in court with the young lawyer.  If the attorney on your case hasn't been doing workers comp for at least seven years we think you are short changing yourself.

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A reader called us and asked our opinion on his case.  As a FYI, when this happens usually we find that the lawyer the caller has is doing most things right.

In this case the caller had undergone a neck fusion two months ago and has at least four more months of treatment ahead of him.  He received a call from his lawyer who suggested that they make a settlement demand?

Huh? I think even the most naive person out there would know that settling your case, especially after a major surgery, before you are done with treatment makes no sense.  In fact, most Judges we know wouldn't even approve settlement contracts right now.

But the bigger point is that there is nothing more important than your health.  When it comes to thinking about settling your case you don't want to take too long, but you don't want to do it too soon.

If you are an office worker who breaks their leg when they slip on a wet floor, you can likely settle your case soon after you are discharged by the doctor if you are feeling well.  There is little chance that your leg will get worse and your job duties won't make your condition worse.

On the other hand, if you are a secretary that had carpal tunnel surgery, I'd tell you to wait until you have been discharged by the doctor and working pain free for 2-4 months before we settle your case.  Once you settle a claim you close out your rights as relates to that injury for the rest of your life.  You never want to settle before we are 100% certain you won't need more medical care.

And if you are like our caller and have had a fusion, especially if you are in a physically demanding job, I'd tell you that you don't want to settle your case until you have been working pain free for 3-6 months if at all.  This is especially true if you are younger as a fusion likely will have to be re-done at some point.   By going to trial you can still get paid and keep your medical rights open for life as relates to that injury.  Even if you do settle, you want to make sure your possible future medical costs are considered.

Moral of the story is that you never settle too soon and you shouldn't even be thinking about it while you are still under the care of a doctor.

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We have talked a lot on our blog about jurisdiction.  In plain English, that means do you have the ability to bring an Illinois workers compensation claim.   To do so you have to show one of three things:  The accident happened in Illinois; your employment is principally based out of Illinois; or the last act to hire you took place in Illinois.

The "last act" requirement has different interpretations.  We have seen cases won when you were offered the job while on the phone, but physically in Illinois.

For truck drivers, you often have to receive a drug screen before the employment is official.  For many Illinois based trucking companies, they bring you to Illinois for that to take place.  If the drug screen happens in Illinois we have seen many cases won because that happened.  On the flip side, we have also seen cases lost because a drug screen took place out of state and there is no other real connection to Illinois.

If you are hurt on the job and are wondering if you can bring an Illinois workers' compensation claim, it's important to think of every possibility that exists for you.  It is especially true when you weren't hurt here.  Remember to think back to when you were hired and exactly what happened.

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There is nothing worse than finding out a key piece of information when it's too late.  I'm looking to do a posting in the future about things injured workers wished they knew earlier or any tips you the worker might have.

If you have any, please either click on my contact link at the top or send me an e-mail to helfand@illinoisworkerscomplaw.com.  All submissions will of course be confidential.

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There's an old saying that if it looks like a duck and talks like a duck then it's probably a duck.  That's a good thing to think about when hiring a Chicago workers' compensation lawyer.

A caller with a major injury came to us for advice on his injury.  He had found his lawyer through his doctor (side note, there are a lot doctors and lawyers that make their living by referring clients back and forth to each other regardless of what is best for the client.  We don't do this as we feel it's sketchy, but we get approached about this all the time).  The lawyer has an office in the northwest side of the City.  We had never heard of him so we looked him up.  His website said he handles workers' compensation, personal injury, real estate, bankruptcy and criminal cases.

Now we aren't saying that a lawyer in that location with multiple practice areas couldn't do a good job for you.  But it certainly doesn't paint a picture of someone who would.  First off, all Cook County work injuries are sent to Arbitrators at the Thompson Center which is downtown.  To have an office on the northwest side of town where it's 45 minutes or more by el to get to court and back would be very disruptive to a law practice, especially if you have to go back and forth to hearings a couple of times a day and do it every day.

Second, if you are in that location and don't regularly appear at the Thompson Center then you won't know the Arbitrators.  If you don't know them and the defense attorney does then you are fighting with one hand tied behind your back.

Finally, when someone is also a real estate attorney, bankruptcy attorney, criminal attorney, etc., it tends to lead to that lawyer not being up to date on the law.  In the case of our recent caller, he was being hounded by a collection agency over an unpaid bill that was part of the work comp case.  His lawyer didn't know that the law changed in 2006 making it illegal for a collection agency to try and collect when a case is active.  The client dealt with at least ten phone calls and had this put on his credit report.  If his attorney knew the law that could have been stopped easily.

So if it doesn't look like a duck (e.g. the lawyer does lots of areas of law, isn't located near a hearing location, etc.) then you better keep looking.

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This question came in from a reader:

My question is can Work Comp make you see their Doctor and go by his orders on stating you can return to work light duty when my own Doctor who performed my shoulder surgery stated I am not to return to work.

That's a good question and a scenario that pops up a lot.  If the insurance company has a doctor that says you are fine, they can rely on that opinion to deny you benefits.  In other words, can they do it, yes, but you do have options.

Option 1 is to try to go back to work and see what happens.  If you give it a go and it doesn't work then all of the sudden the opinion of the company doctor isn't very credible as long as you are credible when testifying.  Of course we can understand why you wouldn't want to do that because nothing is more important than your health so why should you risk it?

Option 2 is to go to trial and pit your doc against theirs.  Injured workers win most of these battles.  But nothing is guaranteed and even if you win you might be without money for quite some time which is really like losing in the end.

Option 3 is to see if the company will work with you.  Often the insurance company tells you one thing, but the employer is a good guy that says something else.  So if your boss wants to listen to your doctor then you might be ok.

Not one option is right for everyone.  You have to decide what is best for you.

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No matter where you are located, these questions from clients would apply to your Illinois work injury case.

1. I live in Peoria, but the insurance company is sending me to see one of their doctors in Chicago.  They sent me an expense check, but how do I know how much it should be for?

Travel expenses for these doctor visits are based on how far you have to drive, round-trip.  The payment per mile is currently 55 cents per mile.

2. What does it mean when a case is "above the red line?"

That means the case has been filed at the Commission for more than three years.  After that time it must be set for trial unless there is good reason not to such as the injured worker is still receiving medical care.  Basically it's a way of preventing lazy lawyers from ignoring a case. 

3. How long does it take before the Arbitrator makes his decision following a trial?

It depends on the Arbitrator.  Some do it in a week or two.  Others take months.   One time we were in a case where the Arbitrator took almost a year.  We'd save the average time is 45 days though.

4. Once a settlement is approved when do I get paid?

There is no set time limit, but it shouldn't take more than 30 days.  On average it probably takes two weeks.

5. Do I pay taxes on my settlement?

No, that money is tax free.

6. If my case is appealed will I have to testify again?

No, appeals are handled by lawyers submitting written arguments and then appearing at a hearing where they make a verbal argument for you and answer questions.

7. Can I be fired while on workers' compensation?

Yes, but you can't be fired because you filed 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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Testimony is given at trial in workers' compensation cases.  There are no depositions except for doctors who aren't forced to show up and testify. For many people, giving testimony is a first-time thing and it makes them very nervous. Don’t let your nerves get the best of you. Be honest, straightforward and ask your attorney to help you prepare beforehand.

Most importantly, speak carefully.

Be clear, and be concise. When you are questioned by the opposing attorney, only answer what you are asked. Do not offer extra information beyond the question (it could be used against you). Tell the truth and do not embellish. The judge will not appreciate it, and the opposing attorney can use it to make you look bad. If your attorney objects to a question, don’t answer. In fact, many attorneys advise their clients to pause briefly before starting to answer so that they have time to object if it’s appropriate. If you don’t understand the question, say so. If you don’t know the answer or don’t remember, you are allowed to say so. And take your time, especially if you’re feeling nervous.

It can be hard to remember all of this when you’re in the spotlight. This is why you should ask your attorney to practice with you (they should offer to do so anyway). They can help you anticipate the questions you’ll be asked, and explain the procedure so you feel more in control and less anxious.

You can relax. People give testimony every day. It looks dramatic on television, but it’s usually pretty low 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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Under Illinois workers' compensation law not only must your employer provide you with all reasonable and related medical treatment, you also must cooperate with all reasonable medical treatment.   A failure to do so could result in you having your benefits suspended or terminated.

For example, if your doctor suggests that you have physical therapy, you have to do it.  It isn't invasive and can help you recover.  If you repeatedly blow it off not only will you harm your health, but you will harm your case.

You also can't do what is called "injurious practices."  In plain English that means that you can't do something that will make your health worse.  For example, if you are a smoker, smoking is known to cause surgeries like a lumbar fusion to fail.  If you keep smoking an Arbitrator might stop your benefits until you stop.

For a lot of workers, having a surgery is the only chance they have to get better.  But no insurance company can make you have any surgery.  We have had clients who have had recommendations for back surgery that just didn't want it because of the associated risks.  Their doctors have said that with the surgery it is likely that they will make a complete recovery, but without it they can't work their normal job.

In that situation they don't have to have the surgery and the employer would have to keep paying them benefits.

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

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The key to hiring the right Chicago workers' compensation law firm???  It's just like real estate, location is key.  Well it's not as important as finding someone who makes handling work injuries the majority of their practice and it's not as important as finding someone who will deliver you customer service (return phone calls, answer questions, not talk down to you, etc), but it matters.

Case in point a recent client who had been working with a law firm that is based up in the Lincoln Park area of Chicago.  It's a wonderful place to live, eat and do touristy things like go to the Lincoln Park Zoo.  Head a few blocks north and you can catch a game at Wrigley Field or this time of year go ice skating outside of Wrigley.  But it's not a very popular area for finding workers' compensation attorneys.

The reason that is true is because all Cook County work injuries are heard at the Illinois Workers' Compensation Commission which is the 8th floor of the Thompson Center.   The Thompson Center is located downtown at 100 W. Randolph St.

It's not uncommon for an attorney who focuses their practice on representing injured workers to have to be at the Thompson Center five days in a row, sometimes for hours on end or both in the morning and the afternoon.  If your law firm is based in Lincoln Park or on the south side or out by O'Hare it would be a real disruption to your practice and clients if you were commuting back and forth or spending your whole day out of the office.

On the flip side, a downtown lawyer can get in to the office at 8 a.m., leave for the Commission at 9:00 a.m., get there by 9:05 and if they need to come back later in the day it's no big deal.  This leads to an easier practice life and better customer service for their clients.

It's not that a non-loop lawyer couldn't handle a work injury case, it's just that it's more likely that a downtown attorney has more experience with these cases, better relationships with the Arbitrators and probably makes work comp their focus.  This is what gives you the best chance of success in your case.  And since you only get one shot at this and your lawyer fee is 20% no matter who you hire, it makes sense to go with someone who really focuses on Illinois work injuries.  The firm in Lincoln Park the caller was with handled work injuries plus traffic, divorce, civil litigation, real estate transactions, personal injury and landlord tenant problems.  Jack of all trades master of none is our guess.

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

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Straight from the Illinois Workers' Compensation Commission, FYI 

New Galesburg and Joliet arbitration hearing locations

Effective January 1, 2010, Galesburg arbitration hearings will be held at the Best Western Prairie Inn, 300 S. Soangetaha Rd. Note: Review hearings will continue to be held at the VFW Hall.

Effective January 1, 2010, Joliet arbitration hearings will be held at

the Will County Court Annex Building, 57 N. Ottawa St. Ste 201. Note:

Review hearings will continue to be held at the Will County Courthouse.

Open house announced

The Commission will hold an open house in Chicago on January 14, 2010 from 9 am to 12 noon.

After a brief explanation of our court process, visitors will observe arbitration hearings and review-level oral arguments. After oral arguments end, there will be a question-and-answer period with commissioners.

There is no charge to attend, but registration is limited. If there is sufficient interest, we'll hold these regularly. To sign up, please send an email with the subject "open house" to susan.piha@illinois.gov .

 Workers' Compensation Fraud Unit issues annual report

In 2008, the Illinois Department of Insurance investigated 41 reports of possible workers' compensation fraud, and referred 35 cases for prosecution.Working on referrals from prior years, the Illinois Attorney General and county State's Attorneys obtained seven convictions.

To read the report, go to http://www.iwcc.il.gov/WCFU-09report.pdf

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

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One of the most common mistakes people make is to over-analyze their situation.  We do it too because when it's your life you tend to think about everything.   An example would be a client we have who wants to bring down the insurance company for how they have ruined his life by denying his claim.  We agree with him that the insurance company is wrong, but the proper way to right that wrong is to get him before an Arbitrator that can hear his case.  No insurance company is going to be put out of business for denying a claim.  If they could be there would be no insurance companies left.

Another common example relates to the nervousness that a potential client might have when calling our office.  For many that call is the first time that they have ever talked to an attorney.  Don't worry lawyers (at least us and everyone we work with) are just like everyone else you know in life. 

Sometimes that nervousness makes a caller over-analyze their situation and withhold information. "I'm just worried that if I tell you who my employer is that you will call them and I will be out of a job," is something we hear a lot.

FYI, aside from the fact that our conversations are confidential, we would lose our license to practice law if we ever did something intentionally to harm your case.  Never mind the fact that it would be wrong to do so and as believers in karma we would never sell out a client or potential client.  By worrying about what might happen if you answer our questions you are over-analyzing your problem and making it hard for us to evaluate your case.

The more open and honest you are with us the better of a chance that we have to help you.  If we know your employer we can also tell you what we know about that company and the insurance company that represents them.  If we know the facts of your case it allows us to analyze your situation better.

We can never guarantee a client a result in a case.  We do guarantee that if you call us that everything we talk about will be between just 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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Recently Tiger Woods got in to a car accident near his home.  He wasn't feeling well enough to give a statement to the police the day it happened, nor the next day, but promised to give one the day after that.  Long story short is that he never gave the police a statement because he didn't have to.  It's not required by law and if he did give one it could have been used to convict him.

Illinois work injuries of course are not criminal cases and unless there was a car accident or fight, you likely won't be talking to the police.  However, you will likely have an insurance adjuster call you, ask you questions and possibly tell you that you need to give a recorded statement.

Don't do it.  There is no requirement that you answer any questions and you especially should not give a recorded statement.  Adjusters are trained to ask questions that could twist your words against you and make a claim that should be compensable end up as denied. 

It's also inappropriate for an insurance representative to try and speak with you when you are under the influence of medication or hospitalized.  Yes, we've actually had clients tell us that while they are laid up in a bed after surgery that an investigator from the insurance company came to see them.  

You have every right to tell those people to leave and every right to decline to give a statement.  Don't let them tell you that you will lose your rights to benefits.  That is false.

 We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our 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 who called us was upset because her attorney is asking her to be patient in waiting for a response to the settlement demand that was made on her behalf.  A demand was made in September and no response has been made.  She wanted my opinion on her request to her lawyer to call every day until he gets a response.

We know the attorney and he is very competent.  He is correct in not agreeing to his client's request because it would hurt the client.  If an insurance company or their attorney see that every day you are asking to settle they will assume you are desperate and will "low ball" you.

Now this doesn't mean you have to wait around forever.  If you are no longer receiving medical treatment and are working your normal job then once 60-90 days have passed we think it's appropriate to send a settlement demand.  If you don't get a response within 30 days then it makes sense as your lawyer to motion your case for trial.

Asking the Arbitrator for a trial date doesn't make you look desperate to an insurance company, it makes you look serious.  It also puts their feet to the fire in terms of deciding whether to resolve the case or not.

If they won't settle or offer a fair amount just go to trial.  But don't hurt your case by trying to ask every day for money.  If you do you can bet that you will end up with less than you deserve.

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our 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 is the right time to hire an Illinois workers' compensation lawyer?"  We got this very good question from a recent caller who was in a car accident about one year ago on the job.

The answer is the right time depends on the facts of your case, but since you pay the same amount for a lawyer no matter when you hire them, there is no reason to do it later rather than sooner.

In this case, the client was hit by a police car and also may have a case against that driver.  The time limits to sue a Government employee are usually one year and some times even six months.  This caller got to us just in time. 

His case is not contested right now, but it would have been helpful if we could have interviewed any witnesses when the accident happened.  We also could have provided help with getting his initial bills paid as that was trouble for him.

The biggest reason to hire an attorney right away is to have your case formally on file with the State. That prevents the insurance company from arguing that you didn't notify anyone in time about your injury and also gets your case assigned to an Arbitrator.  That means that if your benefits are improperly terminated or denied, you will be able to get a hearing much quicker because you will already be assigned to a Judge, your attorney will be (should be) prepared with all of the relevant information about your claim and it allows your lawyer to schedule depositions in a faster fashion.

Often hiring a lawyer is really just like a security blanket at first in case something goes wrong.

As a FYI, a lot of people that call us are worried about their jobs.  Not to say that someone hasn't ever been fired for having a work injury in Illinois, but if they are going to fire you, we think the chances are less if you are in fact represented.  Also please know that we almost never deal directly with the employer, but rather deal with the insurance company as we don't want to make waves that could hurt your career.

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our 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 foreman for a construction called us about his injury from falling off of a scaffold.  He was hesitant to work with an attorney because the insurance company had been so nice to him.  The only reason he called he said was because, "I have a twenty pound lifting restriction, but in physical therapy they are making me lift 40 pounds.  I asked the therapist why this was happening and she said the nurse case manager for the insurance company told her to do it."

This is a classic insurance company trick.  They act nice, but then they do something like this that could lead to a really significant, long term injury or drastic worsening of the current problem.

There is nothing more important than your health.  These "nurses" actually interfere with your health and recovery by making suggestions to your doctor or other providers. 

What the insurance company doesn't tell you is that they are not allowed to talk to any of your medical providers without your permission other than to ask for copies of records and bills.

It's not uncommon for our first act when we get on a case to be to notify the insurance company that they no longer can talk to the doctors.  We also make sure that they provide copies of any reports that have been prepared.

The reality is that these people are not looking out for your best interests or health in most situations.  We have seen them try to make a doctor perform a more risky surgery that is cheaper or delay surgeries altogether.  They have no right to do this and you shouldn't let them.  We sure won't.

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our 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 said that and also said:

He never calls me back.  Is rude when we do talk.  Wasn't prepared for court.  He thought I had worked for my company for ten years when it was only ten months.  The final straw when I was having a breakdown about the pain I was in from not being able to get the surgery I need was him telling me in response about how his back hurts from playing golf!!! I want to switch attorneys, but don't have the money to pay off this jerk.

First off, it never ceases to amaze me how awful and arrogant some attorneys can be.  It's not that hard to return calls and treat people with respect.

Second, we always encourage people to stick with their current lawyer if possible, but clearly this is a situation where it makes sense to switch.  Once the case is done, it's done forever and you don't want to look back with regret.

Finally, whether you hire one lawyer or 20 lawyers, the maximum attorney fee in Illinois workers' compensation cases is 20% of what is recovered for you.  If your old attorney wants a piece of that 20%, it's up to him and your new attorney to work out.  You don't have to pay anything to that first lawyer out of your pocket.

So don't switch attorneys if the problem can be rectified.  But also don't stay with your lawyer because you don't think you can afford to switch.

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our 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 comment came from a frustrated caller.  Essentially their lawyer hadn't called them back in a week to tell them what he would do about the fact that his TTD benefits had been cut off.  The Waukegan work injury attorney's "apology" was something to the effect of, "I'm sorry that it has taken me so long to get back to you, but I have 200 clients and you are just one of them so you have to be patient."

Really?  Your source of income gets cut off and you should just be patient?  I don't think so.

So many attorneys seem to forget that while they have a lot of cases, their clients only have one.  This is why our office and the lawyers we affiliate with do not handle finger contusion or other really minor injury cases.  It takes just as much time to handle those cases and we'd rather focus our time on helping clients that have a lot at stake.

If you call your lawyer and you don't get a call back within one business day, we view that as a bad sign.  In fact our policy is to always return calls ASAP. 

Can you imagine a surgeon telling a gunshot victim to be patient?  Either can we.  When your benefits have been terminated your life is on the line so to speak.  Demand better of your lawyer.

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

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One of the most common mistakes people make when they are hurt on the job is they take legal advice from people that aren't attorneys or from lawyers who don't focus their practice on work injuries.  In the past few months I've heard the following:

-"Why aren't we going for punitive damages?"

-"I also want to sue them for negligence,"

-"I am expecting that we will get millions from this."

There are no punitive damages in Illinois workmans compensation.  You can't sue your employer for negligence and no work injury case would be worth millions.  All of these people said these things and started off with something like: "According to my cousin . . ."

We never discourage our clients from asking questions.  We'll explain anything and everything and we always tell it to you straight.  Go ahead and search the internet for answers. Ask your neighbor questions about their work injury.  But if you let the advice of others mess withy our head, you are usually asking for trouble.

The #1 thing we hear is something like, "My neighbor had a similar injury and his case was worth $30,000.00 more."  If that happened it's one of four things: 1. Your neighbor earned a lot more than you; 2. Your neighbor had a more serious injury or couldn't return to his usual job; 3. Your neighbor's injury was really nothing like yours; 4. Your neighbor is a liar.

Again, don't be afraid to ask questions.  But listen to what we are telling you and why.  Let us work with you and act as a team with you.  

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

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Like most attorneys that focus their practice on representing injured workers in Illinois, we don't just handle cases in Chicago.  In fact with our state-wide network of like-minded attorneys, we can help people anywhere.  Here is a brief overview of the workers' compensation hearing location in Wheaton.

The hearing location takes place in the DuPage County Government Center at 421 N. County Farm Road.  Your case will be heard there if you were injured in DuPage County or hurt out of state while working for a company that is based out of DuPage County.

Currently there are two Arbitrators that hear trials in DuPage County for work injuries, Arbitrator Erbacci and O'Malley.  Each of them hears cases for one week out of the month.

Although the hearing location is in Wheaton, you will find that most of the attorneys are not from DuPage County work injury law firms.  Instead the great majority of lawyers are actually based out of Chicago.  Unlike divorce or criminal defense, you might actually hurt your case by hiring a local lawyer.  The most important thing is that they and their firm regularly appear before each of these Arbitrators and focus their practice on Illinois workers' compensation claims.

Injuries in any of the following cities will result in your case being heard at the DuPage County hearing site:

Remember, even though the hearings take place at the courthouse, this is not a lawsuit.  Rather it is a claim for 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 caller recently injured his back on the job.  Similar to most clients he's a nice guy, hard worker and had never had a work injury before.  As a result he was really taken aback when the insurance adjuster called him and instead of asking how he was feeling focused on things that to his mind had nothing to do with his case.  For example: "Do you have facial hair?  Any distinguishing moles?  How about tattoos?  Long hair or short hair?  Are you overweight?"

The reason for these questions are because the not so subtle insurance adjuster is going to order surveillance on this guy to see if he's faking it or to see that even if he's hurt if they can catch him doing something that a person with a back injury shouldn't do like mow the lawn or rake leaves.  But of course those things do need to happen so unless your doctor has told you that you can't do that or those activities cause you more pain, you have to live your life.

As stated many times over in this blog, just be honest and things will work out.  But this is a good example of how these cases really work.  The worker is focused on their health and getting better.  The insurance company wants to see if they can get a "gotcha" moment and save themselves some money.

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

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A potential client was grilling us on our background, history of success, strategy, etc.  We spoke for about 45 minutes and gladly answered his questions.  He finally said that he needed to think about it because he just "couldn't know for sure who the right lawyer was" for his case.

We are not the right attorneys for everyone and not every injured worker is someone we'd represent.  But when searching for an Illinois workers' compensation lawyer or attorney for any type of case at some point it becomes a leap of faith.  Much like getting a haircut, you won't know until it's over if you are going to be happy with your decision.

All that said, here are some tips of questions to ask when hiring an attorney:

-What percentage of your practice is workers' compensation?

-How many trials have you had in the last 12 months?

-What can you tell me about the Arbitrator for the City in which I got hurt?

-Are you going to handle my case directly or will someone else?

-How long will it take for you to get back to me if I call or e-mail?

-How many cases have you handled where the injury is similar to mine?

-What can you tell me about the insurance company for my employer?

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our 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 to our office was hurt in a witnessed accident in 2004.  He hasn't worked since about six months after the accident and is currently receiving social security disability benefits.  None of his medical bills nor missed time from work has been paid for by the workers' compensation carrier.  He has been able to get treatment through his group insurance carrier.

There is a dispute as to whether or not the case is compensable because the injured worker waited a couple of months before he got medical treatment.  On the flip side, the injured worker has a report from a credible orthopedic doctor who says that his injuries were aggravated by a work accident.  Fair enough, each side has a basis for their case so we get the case ready and let the Arbitrator decide.

But that didn't happen there.  Instead of taking the deposition of the orthopedic doctor and getting a commitment from the witness that they will testify at trial, the lawyer they hired has done nothing.  When the injured worker questioned him about it, the lawyer told them "Well, Illinois workers' compensation cases can take a long time.  Waiting 10 years is not unusual."  There is no other way to clarify this other than to say BULLSHIT!!!

This simply is not true.  A case only takes ten years to be resolved for one of two reasons: 1. An injured worker is undergoing medical care, but his benefits are being paid. 2. The injured worker's lawyer is pathetically lazy.

It should almost never take more than 3-6 months to get a case ready for trial.  If your case is denied, you go before an Arbitrator and let them decide.  Waiting two years, five years or ten years doesn't help you at all.  If your attorney is telling you that getting to trial takes a long time then ask them what the plan is to make that happen. 

As a FYI, here is what needs to happen in almost any case in order to go to trial:

1. Secure all relevant medical records (shouldn't take more than 30-45 days).

2. Secure a medical opinion from a credible doctor that the injuries are work related.  Sometimes this is contained in the medical records.  Depending on the case facts you may need to take the deposition of this doctor (often the opinion can take place before a trial is needed.  Time to get a deposition done varies from doctor to doctor, but on average is 30-90 days).

3. Take the deposition of the doctor selected by the insurance company if needed (usually takes place after your doctor's deposition, but can be scheduled well in advance so it shouldn't delay the case by more than an additional 30 days or so).

4. File a motion for a trial.  That shouldn't take more than sixty days from the time you ask for it and can be done before the depositions take place.

5. Secure any witnesses that are needed.

That's typically it.  Workers compensation lawyers in Illinois don't need to be rocket scientists.  They just can't be lazy.

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

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We just reviewed the medical records of a woman who hurt her back on the job, ended up having a back fusion surgery, but never had hired an attorney because she is "not the suing type."  She also agreed to put all of her medical bills through her husband's group insurance.

Aside from the fact that a workers' compensation claim is not a lawsuit, it's a claim for benefits, what this lady did is a huge mistake.  Here is why:

1. Following her fusion, her doctor eventually ordered physical therapy.  The insurance company has a policy that you can only receive 12 weeks of physical therapy.  This woman made great progress in her therapy, but needed about six more weeks of work per the doctor.  Request denied.  Had she pursued workers' compensation benefits, she could have received treatment as long as it was reasonable and necessary.  She instead was forced to try to give herself therapy at home and at a gym and wouldn't you know it, she re-injured her back and may need a new surgery.

2. If the group insurance company finds out that she really hurt herself on the job, they will cut off any future payments until they have either been reimbursed or you pay an equal amount on your own.  In other words, if you get hurt and they pay $10,000 worth of bills, if they realize that was a mistake they can either sue you for $10,000 or tell you that the next $10,000 of care is not covered.  So imagine not being able to work and now your kid needs to have his appendix removed, but you have to pay for it yourself.  Think that might create some stress?  Had she just done the right thing and applied for benefits, 100% of her bills for the back injury would have been covered with no co-pays or out of pocket expenses.

3. The real kicker is that on advice of her boss who is "also a Christian and believes as I do that you shouldn't sue anyone", she instead lied to her doctor and said she got hurt at home.  That might help her avoid a lawsuit from her own insurance company, but since the boss now insists that she never reported a work accident and because her own statements support that, there is almost no chance of winning a workers' compensation claim.  Can someone please explain to me how it's not "Christian" to seek out benefits if you are hurt on the job, but it is "Christian" to tell an employee to lie about it and then take actions that deny them medical care.

We say it over and over, but we'll say it again.  No matter who you are, if you tell the truth then things will work out fine.  When you lie, exaggerate or say what you think you are supposed to say, that's when you get in trouble.

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our 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 prospective client asked that the other day.  I tried to give an honest answer and explain why that isn't possible, but apparently he was hell bent on this being the number one factor in hiring an attorney.  So hopefully I can explain to you why this is an impossible request.

We haven't represented someone in years who didn't receive compensation.  That is because we only take legitimate cases.  Does that mean that we won all of those cases?  I don't think so because most of them settled and for the ones we did take to trial, we didn't always win every issue.  In other words, if we went to trial and got you paid for all of the time you missed from work, had all of your bills paid, but the Judge ordered compensation for you of $50,000.00 when we asked for $60,000.00 would that be considered a win or a loss?

In a similar manner, we represented someone whose stated goal was to receive an offer of $150,000.00.  We got him $125,000.00 and his wife told him to take it and avoid a trial.  Is that a win or a loss?

Another client got benefits after months of wrangling, but really suffered for six months while we took depositions and the Judge took months to bring his decision.  Is that a win or is it a loss because our client suffered?

There is one attorney in town that brags he has gotten compensation for 98% of his clients.  But that includes all of the cases that he settles for $500 or some other nuisance figure.  Is that a win?

We can tell you that we make goals with our clients, give honest opinions and lose sleep when we are not successful or our clients are suffering.   We do whatever we can to win in a timely fashion.  The only way we measure a case as a win is by a smile on the face of our client or a past client who refers a friend by telling them what a good job we did.  But if you want a scorecard like they have in baseball unfortunately we can' t give that 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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Here are some quick responses to recent questions we have received:

1. My boss made me sign a waiver that I wouldn't bring a workers' compensation case if I got hurt on the job.  Is that enforceable?  No.

2. If I sign a severance agreement will that end my work comp case?  It won't end the case, but it might end your right to TTD benefits.  Don't sign it without consulting a lawyer first.

3. I was injured on the job and herniated a disc in my back.  I have permanent restrictions of no jack hammering, but otherwise can work.  How much is my case worth?  There is no way to answer that without seeing your medical records and getting a good understanding as to whether or not you will be able to still work for your employer.  If you can't then your accident is potentially worth much more.

4. My Uncle died on the job.   Wasn't married, no kids.  Can we bring a claim?  Other than funeral and medical expenses.

5. If I drive in a company vehicle and get in an accident is that a case?  If you were doing something for the job it would be.  If you were off work, but the vehicle has their logo and or phone number on it, that might be a case because they get a benefit from you driving around and advertising for them.

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

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The Illinois Workers' Compensation Commission is where all work injury cases in Illinois get filed.  The main location is in Chicago and that's where all of the paperwork gets filed along with the majority of trials.  There are hearing locations for trials on disputed cases all over the state.  Some of the locations include Rockford, Waukegan, Woodstock, Wheaton, Geneva, Joliet, Decatur, Rock Island, Peoria and Quincy (and that is only about half of them). 

These cases are not lawsuits so when you file a claim you don't pay a filing fee and you aren't assigned to a Judge.  Rather you get assigned to an Arbitrator.  Every 60 days your case comes up for a status hearing before the Arbitrator your case is assigned to.  Usually nothing happens at those hearings unless you are not receiving benefits and your lawyer files a motion on your behalf to get a trial date.  Most areas of the state have only one Arbitrator.  You are usually assigned to the Arbitrator that is closest to the place where your accident took place.

If you go to trial and don't like the result (or the insurance company doesn't like the result) you can appeal.  At that time the Workers Compensation Commission will assign your case to a panel of three Commissioners.  There are nine Commissioners for the entire State and they travel around the State hearing the different appeals.  They don't hear evidence - in other words you won't be testifying again - but do read the trial transcript, read memos written by the lawyers about the case and typically give each attorney five minutes to argue why they think the case should be decided in their favor.

Every year approximately 60,000 cases are filed with the Workers' Compensation Commission.  Given that high volume it's pretty impressive that if you want to go to trial and your lawyer is organized, you can usually get a hearing whenever you need it. 

The Commission is also responsible for investigating businesses that don't care work comp insurance as that is a felony in Illinois.  They also report to State leaders and help with investigations of work injury fraud. 

And that's about everything you could want to know about the organization that decides your fate if you are hurt on the job.

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

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When you hire an Illinois workers compensation law firm, they don't take your case before a jury.  All of our cases are either settled by negotiating with the insurance adjuster or defense attorney or before a trial in front of an Arbitrator.  We go to trial when there are disputes over whether your case is actually a work injury, if benefits you deserve aren't being paid, if there is a dispute over how much your case is worth or if we just want to keep your medical rights open as relates to the injury for the rest of your life.

The trial is usually just your attorney, the other attorney, a court reporter and the Arbitrator.  You can bring a friend for support and the hearings are open to the public, but other than witnesses it is very un-common for more than the attorneys, court staff and injured worker to be there.

While your testimony is important, the most important aspect of most cases is the medical evidence.  This is displayed in your medical records and sometimes by depositions of doctors.  It is also why (besides karma) that we tell all of our clients to be truthful with their doctors, especially in describing how they got hurt.

Early in my career I was with a small insurance defense law firm and was assigned to a trial before an older Arbitrator who has since passed on.  He was a bit ornery to say the least, but some Judges are that way.  The trial started and the injured worker was giving his testimony.  I was taking notes when all of the sudden I heard heavy breathing.  We all realized that the Arbitrator was asleep.  The trial stopped for a moment then kept going.  He slept for a good 15 minutes of what was around 40 minutes of testimony by the injured worker.

I was stunned and if I was the injured worker I would have been furious.  But looking back, both sides agreed that the worker had been hurt on the job, we just disagreed what his injury was worth.  The worker's testimony as to how the accident impacts his life currently was relevant (and the Judge awoke for that), but the background on where he lives, how he got hurt, etc. was not too relevant because his medical records - which hopefully the Judge actually read - told almost the whole story.

We don't think any current Arbitrator would take a snooze during a trial and if it happened to one of my clients I would pause the hearing.  That said, remember that usually medical evidence is what determines these cases when they are in dispute.  It will hopefully help you relax too if you have to testify because believe it or not, you are not the most important witness at a trial.

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

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Reason #4,826 to not go at it alone.

My surgeon canceled my laminectomy and said that he talked to the nurse case manager for the insurance company who convinced him to do three more months of physical therapy.  I've already have three months of PT, two epidural injections and NO RELIEF.  Why does she get to do that?  Also, is she allowed to schedule my appointments and attend?

This from a struggling injured worker in downstate Illinois that contacted us.  There is a law in Illinois that in plain English says that your employer or the insurance company are not allowed to talk to your doctor without your permission.  Of course they don't tell you that.  Quite often when you first get hurt the insurance company will act as nice as can be because they want to take advantage of you this way.  Why do they do it?  As shown above, in some cases they can get doctors who are push-overs to change their medical opinion.  They hope to frustrate you and save money.

Not only are they not supposed to talk to your doctors (other than to ask for copies of medical records and bills) they aren't allowed to schedule your appointments or attend any of your exams.  We can't guarantee any of our clients a result, but we do guarantee that if we are representing you that this non-sense will end.  We gladly communicate with the insurance adjusters, but we make sure that medical decisions are actually made by your doctor.

There is even a case that created a rule called the Petrillo Doctrine.  In plain English that means that if the insurance company or one of their representatives talks to your physician without permission, anything that doctor says is not admissible as evidence.  In other words, if your doctor says that your injury is work related, but then the nurse manager talks to him and gets him to change his opinion, that change of opinion will get tossed out of court.  This law was created to protect innocent workers.

It's an un-even playing field when you aren't represented.  If you are going to choose to go at it alone you are playing with fire.

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

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We get calls all the time from bartenders, waiters, skycaps and others that work jobs where they make a lot of money off of tips.   None of them report everything they are making to the Government for taxes.  Because of the amount of money that skycaps make, we can't even get our clients to tell us how much they are truly getting in tips.  It's like a secret code that they don't want to let out.

We could care less about IRS issues.  Our concern is representing our clients in work injuries.  Generally speaking, the more money that you earn the more that your injury is worth.  Someone who has a torn meniscus from an Illinois job accident who makes $1,000 a week will get a much larger settlement than someone with the exact same injury who makes $400 a week.

When determining how much someone makes we calculate what is called the average weekly wage.  This looks at the last 52 weeks worked for your employer (or in some cases more than one employer) and we determine your average weekly pre-tax earnings.  This is easy when someone is salaried, not always easy if you are an hourly worker that gets overtime, someone who gets commissions or a person whose hours change every week.

In determining what someones average wage is, we look at reported earnings.  Tips that don't get reported aren't included.  Now some insurance companies will take our word for it when we tell them what you really earned, but some just go off what the employer says.  This is not a good issue to litigate because you might be forced to testify under oath that you have cheated on your taxes.

For injured workers who have been paid cash "under the table" the same problem exists, although many Arbitrators like to punish employers that do this rather than punish the injured worker.

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

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Under Illinois workers' compensation law, if your medical treatment is reasonable and related to your work injury, the insurance company for your employer has to pay for 100% of your bills.  No co-pays, no out of pocket expenses.  So what happens if they don't pay?

First off, if the doctor sends you to collection, once they learn that you have filed an Illinois workers' compensation claim there is a law that says that as long as you are actively pursuing the case the can NOT collect against you.

Second, if there is no valid reason for the bills not being paid your lawyer can file a petition for immediate hearing and get an Arbitrator to order the bills be paid and if needed that any recommended treatment be authorized.  On top of that, if there is no good reason for the bills going unpaid you can file a petition for penalties and fees which could cause the insurance company to have to pay a 50% penalty (e.g. if the unpaid bill is $10,000, they'd have to pay the bill and you'd get $5,000 as punishment for their unreasonable behavior).

Finally, if you are in a car accident in Illinois the doctor can put a lien on your case.  That means that you can't receive a settlement until their bill has been paid or someway resolved.  There are no liens in Illinois work injury cases for unpaid bills from private medical providers.  While we almost never suggest that a client settle a case while related bills aren't paid, the doctor or their collection agency can't hold up a settlement because their bill hasn't been satisfied.

If you have unpaid bills the key is to be organized.  If you have an itemized statement of services and a report from a doctor that says your treatment was related to your work injury then you are in a great position to succeed if the insurance company is not following the law.

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

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We are very up front about our service.  We are workers' compensation lawyers in Illinois that are advocates for our clients.  Our team is a state-wide network of attorneys and whoever takes on the case is based on the facts of your unique situation.  Some things that determine this are the type of injury, the company you work for and who we think the Arbitrator will be if the case goes to trial.  In almost every instance the attorney that you speak to will handle your case from beginning to end and be available to answer all of your questions.  A couple of calls to us by potential clients have shown that not every firm works that way.

Firm #1 is run by a lawyer that just does a ton of advertising including a great amount with the Yellow Pages.  We are told that he makes the client think they are hiring him, but just sends the client on to another firm.  We have never seen this lawyer actually directly handle a case.

Firm #2 is run by a lawyer who has a huge volume of work injury cases, but hires very young, inexperienced attorneys to handle them.  We are told that quite often clients start with one lawyer and then end up with three or four different attorneys before the case is done.  None of them are very aware about what is going on with the claim when they take over and of course the clients are frustrated.

Firm #3 does a great job by reputation with Rockford workers' compensation cases, but only has a handful of cases outside of that area.  A caller explained to us a situation that could be quickly resolved with a trial motion, but they've been waiting for six months to go to court because the lawyer hasn't made time to travel to Chicago.

All of these situations are complete B.S.  In some ways, if you have a serious work injury your life as you know it is on the line.  We will never understand how some of these attorneys can look themselves in the mirror every day. 

Whether you find a lawyer for us or through anyone else, don't be afraid to ask up front who will be handling your case, how they will communicate with you and what the firm will do if that lawyer leaves.  Ask that attorney what percentage of their practice is workers' compensation and how many cases they have handled in the county where the case is going to be filed over the last two years.  Then ask them how many lawyers have left their firm in the last five years.  If your prospective attorney doesn't do at least 80% workers comp and hasn't handled at least 30 cases in the last two years in the area where your case is going to be filed it's a red flag.   And if over the last five years more than four attorneys have left their firm (for most of our network attorneys only leave to become a Judge) then you should probably keep looking.

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

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In no particular order, here are five things that most new clients didn't seem aware of until they talked to us:

1. If you don't have health insurance it doesn't matter.  On compensable cases the workers' compensation insurance carrier has to pay for 100% of your medical bills.  There is no network of doctors, you see whoever you want.

2. Pre-existing conditions don't matter if they were aggravated or accelerated by a job injury.  This is especially true when they try to deny your case because you broke your leg as a kid or were in a car accident years ago.

3. You have to notify your employer within 45 days of when you knew or reasonably should have known that your injury was work related.  Failure to do so could result in your case getting dismissed.

4. A workers' compensation claim in Illinois is not a lawsuit.  Although you have an attorney, we are not suing anyone.  Rather we are making a claim for benefits similar to health insurance.   In almost every case we deal with an insurance company and not the employer.

5. In most cases, the insurance company is supposed to approve or deny benefits within two weeks and if they deny benefits they need a valid reason (and "we are investigating the claim" is not a valid reason.  If they don't follow the law on this we can't ask for punitive damages (doesn't exist in Illinois work comp), but we can file a petition for penalties and fees which acts in a similar manner and can pressure the insurance company to do the right thing.

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

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If you read this blog you will see over and over that we preach if you are honest your case will work out just fine.  That said, you can be honest and still hurt your case.  Here are five examples from recent cases where a legitimately injured worker didn't help themselves:

1. Stop smoking.  If your doctor tells you to quit smoking and your failure to do so makes it harder for you to recover, don't be surprised if the insurance company tries to end your benefits.  Smoking hurts circulation which can make it harder for a surgery like a lumbar fusion to work.

2. Cooperate with vocational rehabilitation.  If your employer can't provide you a job and you have restrictions, they have to work with you to find a new job.  Sometimes this can be a tedious process.  You might have been a laborer your whole life and now they want you to work on a computer.  Give it your best.  Failure to do so could cost you tens of thousands in the long run.

3. Don't miss doctor's appointments including physical therapy.  Like the smoking example, this could be seen as not cooperating with reasonable medical advice and could cause your benefits to be suspended.

4. Return phone calls to your lawyer.  We are here to help you.  If you don't communicate with us there is nothing we can do for you.  Be a team player with us.  It doesn't happen a lot, but we are always shocked when a client doesn't respond to calls.

5. Don't give a recorded statement.  This typically is attempted before you have an attorney.  Often an insurance company will do this and twist your words against you or ask questions at an inappropriate time like when you are in the hospital.  You don't have to give a statement.  It won't impact your case in any way.  If they have questions for you it should be in writing and go through your attorney.

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our 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 spend a lot of time telling people about various ways we can help you.  Here are four times when you don't need us.

1.  If your accident resulted in a one time medical visit with no additional problems and the insurance company paid the bill.  Call them up and ask for a settlement if you are all better.  It's probably not worth much, but you don't need an attorney for something like that.

2. If you are a Federal employee.  Typically Illinois workers' comp law firms don't handle Federal cases because the laws and rules are completely different and apparently the Government has cut out the ability for an attorney to help in many cases.  If you work for a state or local agency we can probably help, but if your employer is the post office or someone like that, we don't know of a single lawyer in Illinois that has good experience with those types of claims.

3. If you live in Illinois, but work in a different state and were not hurt in Illinois or hired in Illinois and if your employment has no real connection to Illinois, we can't do anything for you.  In that case you are probably best served by an attorney in the state where you got hurt or where your employer is based.  In the reverse situation, we represent a lot of people that live in Indiana, Wisconsin or Iowa, but work here.

4. If your issue is really about compensation like overtime, unemployment or being paid for breaks, you actually need an Illinois labor lawyer, not a work injury attorney.  The term "workers' compensation" refers only to job related injuries, not money owed to a worker for something else from the job.

And of course, if you have any questions about whether or not we can help, just ask.

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

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This tongue in cheek comment was made by a nice woman that called us venting about her current attorney and how he is doing nothing for her, doesn't return her calls, hasn't been an advocate for her, etc.

No lawyer can truly guarantee  a result, but they certainly can control their effort.  It doesn't take much to pick up the phone and call someone back, answer questions and basically treat someone like they would want to be treated.

Over at the Illinois Workers'  Compensation Commission we see attorneys berate their clients and generally treat them as if they are a nobody.  Of course this isn't everyone or even the majority of lawyers.  Most Illinois work injury attorneys are good people that truly try their best for their clients.  But some are able to treat their clients like garbage and still sleep at night.  I will never understand how a lawyer can turn a deaf ear to a client they vowed to help who is now losing their home or can't get the medical treatment that they desperately need.

The system in Illinois favors injured workers.  If your attorney isn't lazy and the facts are on your side you should almost always win.  Whether it's our firm or someone else representing you, if you don't feel that your lawyer is in your corner (or if you feel that they are so favoring the employer they might be a co-worker!) switch before it's too late.

Sadly, many of the attorneys we hear complaints about are lawyers who seem to be in the pocket of some union stewards.  The union tells the member who to hire and when things don't go right they do nothing about it.  Fortunately for you, you can choose who to hire.

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our 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 wants to know if it's legal for an insurance company to conduct surveillance on them.  Apparently he realized that a car parked across the street from his house was a surveillance company.  This reader was actually pretty savvy as he called the police because he knew that to conduct surveillance this company was required to register with the police what they were doing.

Yes this is legal.  In cases where the injuries are pretty big or there is a report that the worker isn't as injured as he says he is, insurance companies with hire private detectives to follow you around.  Typically they will do this for one to five days.  The most common time is after a big snow fall (to see if you are shoveling) or on a really nice weekend day.   If they know that you are in a softball league they will probably be there too.

It's honestly not much to worry about.  We preach a lot in this site that if you are honest then things will go fine.  Same thing here.  Who cares who is watching you if you are not exaggerating your problem or ignoring the restrictions your doctor gave you.  You also have to live your life so if your doctor says no lifting more than 10 pounds, but you need to bring in the groceries, a Judge isn't going to likely hold against you a one time occurrence.  On the other hand, if you aren't supposed to use your arm, but are seen throwing footballs or shoveling the drive you are asking for trouble.

The reader said that he heard from one co-worker that the insurance company hired someone to move in next door.  We can all but guarantee that didn't happen because the cost to pay for someone to follow you would exceed what you can recover.

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our 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 in Illinois your employer can give you a drug test to see if you were under the influence of drugs or alcohol when you got hurt. You can also refuse to take the test.

If you are found to be on drugs when you got hurt that may be the basis for denying your claim. You could have smoked marijuana three days before you were hurt and still have it in your system. Of course that wouldn't have led to an accident, but it might lead to your case getting denied.

We've seen cases where someone got a drug test six months after the accident and the company used that as a basis for cutting off their benefits. It's nonsense of course, but it's something you need to be prepared for.  Like any other injury, the most important thing is to tell the truth, especially when reporting how the accident occurred to your doctor.  You might have marijuana in your system from smoking pot on a Saturday, but if your back pops when lifting at work on Monday there is no way that you should not get the benefits that 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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Overheard a petitioner's lawyer at the Illinois Workers' Compensation Commission trying to settle a case and as part of his pitch he said, "Oh and by the way, she's got one of those b.s. RSD problems too."

Complex Regional Pain Syndrome is often disputed because many of the symptoms are subjective beyond a cold and purplish skin surface.  It's also a somewhat newer diagnosis and is often fought by insurance companies.

We have seen numerous clients suffer with this injury and know how legitimate of a problem that it is.  That reality was driven home by a friend of the firm that doesn't have a case.  We had carpal tunnel surgery that went bad and went on to cause severe CRPS in his hands, arms and neck.  This guy was one of the most active, athletic, outgoing people we know.  He now must takes scores of pills a day and if he wants to look to his left, he has to turn his whole body.  He missed years off of work and was a guy who was truly a workaholic.

Good news is that today he is back to working 70 hours a week like he loves to do.  Most of our clients eventually make a recovery too, although they are usually not the same person.  No matter what happens, we believe our clients and would never sell them out when trying to resolve their cases.  The attorney who said it was trying to be funny (as if that was funny), but let's be honest; he did nothing but hurt his client.

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

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We were contacted by a laborer that blew out his back on the job and can no longer perform his usual line of work.  He was a 1099 employee who was told that his case wasn't covered because he was an independent contractor.

Under Illinois workers' compensation law, just because you get a 1099 doesn't mean that you are an independent contractor.  Rather we look to see what right of control does your employer have over you.  If they tell you where to go, what to do, when to be there, prevent you from working elsewhere, etc., then you are an employee.

The person that contacted us hired an attorney who rightfully filed the case with the Illinois workers' compensation commission.  But for some strange reason he failed to notify the insurance company of the employer that a case was filed and since the company didn't do that either this person never got paid.

The good news is that he got a judgment for around one million dollars.  The bad news is that he now has to try and collect that from the employer who if they file bankruptcy can make that judgment go away. Had the insurance company been notified, not only would they have to pay everything, this nice man would have likely been paid a long time ago.  It's great that he has a judgment, but will he ever collect?  If not it was a million dollar mistake.

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our 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 a really nice conversation with a very pleasant woman this morning.  She described how she got work at her job in Chicago.  She described her medical treatment and recovery.  She seemed like an ideal client with a decent case.  When we started to take the discussion further into representation she then admitted that she had actually already hired an attorney.  That lawyer went to trial and lost.  He filed an appeal and lost that too.  Now she was looking for someone for the next appeal level.

We aren't sure what the first lawyer did wrong, but the only appeals that we do are on our cases.  In fact, I doubt that there is an attorney in Illinois that would take over a case where the trial was lost.  We only get paid if we win the case and no matter how good the case might have been, once you've been to trial we can't undo any errors by your first lawyer or present any new evidence.  It's not that it's impossible to win an appeal, it's just very un-likely.

So if you are going to trial on your Illinois work injury, you better have great faith in the person representing you.  It's likely your only shot.

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

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With the caveat that you should listen to your attorney as they likely (hopefully) know your case very well and are (hopefully) fighting for you, to us these are five things to think about if you are going to trial and will be testifying:

1. Don't embellish or tell the Judge what you think he wants to hear.  9 times out of 10 this actually hurts your case.  The facts speak for themselves and if you embellish you give the defense attorney an opportunity to pick apart your testimony.

2. Be honest.  If you don't know the answer to a question, say you don't know.  If you don't understand a question, say you don't understand.

3. Keep your answers short.  A good attorney will ask you mostly yes and no questions.  When the defense attorney is questioning you, if you volunteer too much information your words can get twisted.  If you say something that seems bad for your case it is your lawyer's job to ask questions that will clarify what you meant.

4. Dress appropriately.  This will likely be the only time the Judge ever sees you.  You don't need to be in a suit, but the first time I saw a client that hadn't showered and was wearing a hat was the last time I ever let that happen.  Impressions matter.

5. Insist on going over the questions your lawyer will ask before the trial.  You should not be surprised by any of the questions and your attorney should not be surprised by any of the answers that you give.  That won't happen if you prepare.  Your lawyer should also help you anticipate what the other side might ask.

Bonus advice is to relax.  At the trial will likely only be two attorneys, a Judge, a court reporter and you.  Your case isn't the trial of the century and if you are honest things should go fine.  Most cases are decided by what the medical records say.  Your job is to tell the story of how you got 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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We are happy to answer any questions that people have about Illinois injury cases.  Three questions we get asked a lot are what are the abbreviations FCE, IME and MMI?

FCE- Stands for functional capacity evaluation.  Basically it's a test that has you perform a series of activities throughout the day to determine if you need any physical restrictions before returning to your job or what capacity you can work in.  It's an objective test that measures not just ability, but also effort.  If you are found to have used a bad effort it can hurt your case.

IME- Stands for independent medical examination.  This is the insurance company's right to send you to a doctor of their choosing to see if you are really hurt, what your diagnosis is, whether or not your problem is work related, what treatment is needed or anything else that they want to ask.  It's usually a one time visit.  Many of these doctors are hired guns or almost always favor the employer.  Some are truly independent.

MMI- This means maximum medical improvement or as good as you are going to get medically speaking.  We don't consider settling a case until a client is at MMI because once you settle you can not get any more medical treatment at your employer's expense.  Sometimes you are at MMI, but still need ongoing physical therapy or a yearly exam.  Your doctor determines when MMI has taken place.

If you have questions about any of these terms just let us know.

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

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v     Overview on Carpal Tunnel Syndrome From the Perspective of a Workers' Compensation Attorney

v     What Happens in a Typical Work Injury Case?

v     Elbow Injuries in Workers' Compensation Cases

v     Arthritis and the Wear of Cartilage

v     Anterior Cruciate Ligament (ACL) & Medial Collateral Ligament (MCL)

v     Overview of Shoulder Injuries

v     Reflex Sympathetic Systrophy (RSD) Or Complex Regional Pain Syndrome (CPRS)

v     Everything You Need to Know About Workers Compensation

v     Spinal Cord Injuries and Workers Compensation

v     DuPage Workers' Compensation - Wheaton Industrial Commission

As a FYI, here are some articles that we have written.

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

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With all of the layoffs happening these days, a lot of injured workers are taking a severance package.  Most of these severance packages say something to the effect of "In exchange for this severance you give up your right to bring any claim for anything at all against our company."

Some specifically mention workers' compensation claims.  The reality is that even if you sign that severance agreement, you don't lose your right to file an Illinois workers comp case.  Under Section 23 of the Illinois Workers' Compensation Act, only the Illinois Workers' Compensation Commission can bring a case to a close. 

To be safe we always encourage people to have their claims formally filed with the Commission.  But either way you can essentially have your cake and eat it too.   Please note that if you have any work restrictions or might in the future, we do not recommend that you take a severance without consulting an Illinois workers' comp lawyer.

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

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We get calls all of the time from people who are hurt on the job, getting benefits, but don't want to formally file their case because they don't want to "rock the boat."

We get it and if we didn't know anything about Illinois workers' compensation laws we might feel the same way.  But by not rocking the boat you might be risking your case.

We say that because if you don't file your case and something else happens - aggravation of the injury at home, aggravation of the injury on a new job - then all of the sudden you will have an insurance company fighting your case.  Now if you have a real new injury that would happen anyway, but if it's just a temporary aggravation or a problem that reflects how injured you already are then if you don't have a case on file you could be screwing yourself.

No attorney we are affiliated with ever rocks the boat with the employer unless our client wants us to.  Otherwise we only deal with the insurance company and make sure that the law is followed for our client's 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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Many people that call us are not aware of their rights when it comes to being hurt on the job.   There is nothing more important than your health and in some cases the actions of an employer can jeopardize your health.

Specifically, if your employer tells you that you can only treat with the company doctor, they are risking your health.  Many of these groups are really places that have you see a physician's assistant or don't really examine you.  If you have compartment syndrome in your leg or a herniated disc in your back or neck, failure to get appropriate and timely treatment could make a fixable situation a life altering problem.

Remember, you have a right to choose your doctor for any reasonable care that is related to your Illinois work accident.  If you have a serious injury you should get with an orthopedic doctor or neurologist as soon as possible.   These physicians are best for serious injuries and give you the best chance of a good result in the long run.

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

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 A lot of the people that contact us have two or more jobs, especially in today's tough economy.  When looking to settle your workers' compensation case or figuring out what you are owed for TTD benefits, all of these jobs matter in most cases.

The basic law is that if you have two jobs then both count in determining your average weekly wage.  In other words if your full time job pays $600 a week and your part time job pays $200 a week then your average weekly wage is $800.

The catch is that the employer that you work for must be aware of the 2nd job.  If they are not then only the one job will be taken into consideration.

In the end, not including the 2nd job could be the difference of thousands of dollars when figuring out what your case is worth.  As we preach throughout this blog, being honest and telling the truth is key in getting the best result possible.

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

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Everyone knows the economy sucks.  It's not uncommon to get hurt on the job and a year later lose your job because of downsizing.  It's also not uncommon to have permanent restrictions that can't be accommodated by your employer.

If that happens to you, you need to demand vocational rehabilitation.  If you have permanent restrictions and no job the insurance company needs to find you a job within your restrictions or give you training for a new field.  Sometimes they'll send you back to college to get a degree.  Other times they'll teach you a new skill.

If you cooperate with vocational rehabilitation then you will continue to receive TTD benefits.  If the new job doesn't pay as much as the old job would currently (IMPORTANT, we go by what the old job would be paying, not what you used to make so if your old job pays $25 an hour now and it used to pay $20 then we use the $25 figure) then you are entitled to 2/3 of the difference.  This is called a wage differential.

If you have any questions about this please contact us at (312) 346-5578.

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

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We received a call from a nice guy with a fairly major injury that happened after a car accident on the job that was someone else's fault.  He hired a workers' compensation attorney who told him that he could handle the whole case.  Problem was that was a lie so that attorney recommended a "friend."  The car accident lawyer said his fee would be 1/3, but then sent a contract that said 40%.

I pointed out to this caller that it should be a red flag that the first two interactions with his attorneys started with lies.  "Yes, but I checked them out and they are members of the Illinois Bar Association so that impressed me."  I let him know that the Illinois Bar Association is just a club and that while they surely have many fine attorneys that have joined, any Illinois attorney can join so that membership shouldn't add anything to the evaluation process.

I further pointed out that the workers' compensation insurance carrier will have a lien against the personal injury case for up to 75% of what they end up spending.  Because he's paying two law firms instead of one, he's going to net less money in the end.

We usually recommend a work injury attorney that just handles job accidents.  But when a personal injury case is part of the claim it can often serve you well to have a work comp lawyer that knows a thing or two about Illinois personal injury lawsuits or has a partner that handles those cases.  It will save you money, allow you to have attorneys that are really working together and will prevent you from having to communicate the same thing twice.

No matter what the facts are, if you hire someone because they are a member of a club and they start off the relationship with lies, don't be surprised when down the road you don't feel that they are fighting for you or giving you the customer service that you deserve.  Fool me once, shame on you, fool me twice, shame on me.

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our 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 formally filed at the Illinois Workers' Compensation Commission is assigned to an Arbitrator no matter what the facts are.  Most people live near where they work.  In addition most people work in the same place every day.  But some people travel for their job and get hurt far away from where they work or live.

For example, you could be a laborer that is based out of Urbana and travel around the country servicing cell phone towers.  If you got hurt on the job in Chicago and filed a case, your claim would be assigned to an Arbitrator at the Chicago Workers' Compensation Commission even though that could potentially be a big inconvenience for you.  That is because the law in Illinois is that your case is assigned to a hearing officer in the area where the accident took place. 

On the other hand, if you are based out of Urbana, but hurt while working out of state, your case would get assigned to an Arbitrator in Urbana because the law states that if you are hurt in another state the case will get assigned to an Arbitrator near your home or employer.

The  point of all of this is to know that when hiring an a lawyer, you want to be represented by someone that regularly appears before the Arbitrator.  We just were hired by a Rockford man who was hurt in Cook County.   He had originally hired a Rockford workers' compensation lawyer, but let him go when that attorney refused to motion the case for trial because he never goes to Chicago for cases.

When we suggest an attorney, we always recommend someone that frequently appears before the Arbitrator that will hear the case.  That may not be a factor when you hire the lawyer, but it could be important down the road.

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

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We tell anyone that contacts us that nothing is more important than your health and we truly believe that.  We'd rather have a client that makes a good recovery than a client with a long term injury that is worth more money to us.  We take no pride in handing over a check to a client that will be in life long pain.

We don't offer much medical advice because we are not doctors.  One piece of advice we will give is that you should hire a doctor that gives you the best chance of a good outcome.  And yes, we mean hire a doctor.  They should work for you.

We feel that you get the best chance of success by getting a doctor that is narrowly focused in their practice.  In other words, lots of orthopedic doctors operate on multiple body parts, but if you are having back surgery, we suggest that you get a surgeon that primarily operates on the spine.  It's not that a doctor who operates on the back, legs, arms, etc. can't do a good job; rather we think a real specialist gives you the best opportunity.

Don't hesitate to look around for the right doctor just like you would/should for an attorney.

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

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We have a big philosophy on how we treat our clients.  You can sum it up that we do what we think gives them the best chance of success and that we treat them like we would a family member or friend.

Case in point is a recent client.   We are helping them with their work injury, but it happened in a car accident that was someone else's fault, so we connected them with a good personal injury attorney for that.  They were off work for a long time so they needed a referral to a social security lawyer.  Again, we didn't try to handle that in-house, we sent that to someone we think is an expert.

From there regrettably their doctor messed up their surgery so we recommended an Illinois medical malpractice lawyer.  And finally, their ex-wife is making a claim against their benefits so we referred this client to a family law attorney.

It's not the desired path for a case, but it's not uncommon either. 

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

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Most people that are hurt on the job have one case and one case only.  But some have two.

The most common example is a person who usually works in another state, but is hurt on business in Illinois.   The insurance company tells them that the claim has to be handled through a different state (that is favorable to the insurance company) and offers a settlement in that state.

So let's say hypothetically you get a settlement of $10,000 under Florida workers' compensation law for an injury that took place in Illinois.  If that same case would be worth $40,000 in Illinois, we can get you an extra $30,000.  The insurance company would have a credit for the $10,000 that they paid in Florida.

Even if the Florida settlement contract says that you give up your rights to pursue cases in any other state, Illinois would not recognize that part of the contract and would still allow you to bring your case here.  And if that happens, you'd have two settlements, although the total amount would be as if you just received 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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If you follow this blog you know that we preach honesty.  We were called by a woman today that hurt her back on the job and has a herniated disc.  Since the company is struggling she agreed to lie to her doctor about how she got hurt.  She did this thinking she was being a good employee.

As you can probably guess, she now needs back surgery, just got laid off and of course they are disputing that she got hurt on the job.  Unless a miracle occurs, this woman has lost all of the rights of the Illinois workers' compensation system.

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

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As Illinois workers' compensation attorneys, we know a lot about medicine as we deal with it every day.  That said, we don't give medical advice and while we might suggest a doctor for a client if asked, we never will steer a client to a certain doctor.  It's not ethical and it can come back to burn you.

We get called all of the time from doctors and chiropractors who "want to send their clients to us."  What they really want is for us to send our clients to them.  We've never taken anyone up on this "offer" and while we might have lost some business as a result, again it's not really the right way to do our job.

If your doctor says that he met an attorney and was impressed on what that lawyer did for his client then by all means check it out.  But if your doctor seems intent on steering you to a lawyer you'd be wise to ask what's in it for the doctor and what their relationship is.  Many of these doctors seem to get in bed with attorneys who don't solely focus on work injuries.

And just as we wouldn't give you medical advice, if your doc tries to tell you what the law is we suggest that you take it with a grain of salt.

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

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Our law firm is unique in that we are a network of attorneys throughout Illinois that solely help injured workers.  What we do is listen to your situation and recommend the attorney within our network that best fits your needs.  There are about 20 firms that we work with.  The goal is always to have the right lawyer work on the case.  Whatever is best for the client is how we guide our decisions.

This was well demonstrated in a call the other day.   A stuntman injured his shoulder severely while working on a movie in Chicago.  The movie was about football and he was injured making a tackle.  Within our network is an attorney who is also a college football referee.  He has more than 25 years representing injured workers and refereeing football games.  Not only does he understand work injuries, he understands football injuries.

Not that other lawyers in our network or other firms couldn't get a good result for this client, but clearly this is the best attorney for this guy.  At the least we believe that he gives him the best chance for success.

If you contact us we'll tell you who is the right lawyer for your unique 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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Probably 20 times a year we get a call from someone who was injured on the job and was asked by their boss to tell the doctor it happened some other way.  Usually the boss either threatens a job if you don't or says that they'll take care of everything if you just play ball.

Let us be clear.  LYING IS THE WORST THING YOU CAN EVER DO ON A WORK INJURY CASE.  As soon as you tell a lie it has to be un-done.  We have never seen a situation where a scumbag employer made promises to take care of a worker if they don't file a case and actually protected that worker.  If your boss is asking you to lie make no mistake; that person isn't looking out for you.

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

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Generally speaking, if you are hurt due to the negligence of your employer or co-worker, you can't sue for negligence.   That's one of the trade-offs of Illinois work comp law and in most cases it's well worth it because Illinois offers great work injury benefits to employees.

That said, it's shocking to us how few attorneys do a real analysis as to what other cases might exist.  So many take the approach that they only represent you for the work injury.  That may be true (and that's all we do), but as an attorney you should still do your best to offer a full analysis of what rights your clients may have.

Perhaps you were illegally fired.  Maybe you are owed overtime benefits.  Possibly someone who is not part of your company was negligent and can be sued for the extent of your injury.

One of my favorite clients is a nice young man from Indiana that we represented for free because he became paralyzed after a fall from a scaffold.  He worked for an Illinois company, but got hurt in Wisconsin so he at first contacted an attorney there.  That lawyer got him workers' compensation benefits in Wisconsin, but failed to investigate whether or not he could have gotten more in Illinois and shockingly never did an investigation as to whether or not the scaffold company could have been sued.

By the time he got to us it was too late to sue the scaffold company and all we could do was increase his benefits based on Illinois law.  Fortunately he had a legal malpractice lawsuit against his first lawyer, but really it should never have come to that.

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

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It's probably also a big mess.  We decided long ago not to get involved in uninsured cases because regrettably we found that you usually can't collect in these cases.  In other words, we might win your case, but it's doubtful we'll see any money for you or us and if we do it's usually nowhere near what the case is worth.

If your employer says they don't have work comp insurance or you know that they don't you should report them to the Illinois Workers' Compensation Commission Department of Insurance.  If they do their job they will investigate your employer and hopefully help you.

The most recent tragic example we saw of this was from a caller who has been a mover for 23 years and blew out his knee.  His employer shockingly doesn't have insurance and now this guy is faced with a career change.  We can only hope that the employer goes to jail.

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

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There is a Federal Law that protects the interests of Medicare.   Basically if you have an injury now and some day need treatment for it and go to Medicare to ask them to pay for it, they are going to ask how you originally hurt yourself.  If they discover that it was from a workers' compensation claim they can deny payment if you failed to protect their interests.

Before we settle any case where it is anticipated that our clients will need future medical care we do what is called a Medicare Set Aside.  Basically an independent company comes in and states what the present cash value is of the future medical needs.  It is up to the insurance company to fund an account to pay for this treatment.  If you can prove to Medicare that you considered their interests you should have no worries.

If the insurance company won't provide this or if it's needed, we take our cases to trial.  If you win a work comp trial you keep your medical rights for life as it relates to that 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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Just got off the phone with a nice woman whose husband had a piece of wood go through his leg.  This happened six months ago.  He had a surgery to remove the wood fragments and his employer's insurance company paid all of his medical bills.  He asked for a settlement and they said no because "you don't have a permanent injury."  His leg is now bothering him so he asked for more medical care.  They said no because "we closed your case."

Not withstanding that there are time limits to formally pursue a case, the insurance company can't on their own decide a case is closed.  The only way to do that officially is for the case to be settled.  This client can get more treatment at their expense.

On top of that, despite them saying he has no permanent injury, almost any injury has some settlement value.  We don't pursue superficial injuries, but this guy had a leg surgery.  I don't know what it's worth until I see his medical records, but based on his wages it's likely somewhere in the five figures.

So no matter what you are told remember that you can take control of your case.  You just need to know the law.

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

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We got a call from someone in the suburbs who got hurt in Palatine, hates coming to the City and wants to file her case at the Rolling Meadows courthouse.  We explained that you can't file a workers' compensation claim at that location because all Cook County workers' compensation claims are filed at the Thompson Center in Chicago.  This isn't a choice by our office, it's Illinois law.

This is also why you don't find many lawyers in the suburbs who do nothing other than represent injured workers.  If your office is in Schaumburg it doesn't make sense to have a practice that requires you to be in the City every day. 

So if you are hurt in Cook County your case is in Chicago.  If you are hurt in DuPage County  while working then your case is in Wheaton.  If you are hurt on the job in Lake County your case is in Waukegan.

The good news is that our firm has a network of attorneys throughout Illinois and in almost every situation we can handle your case without you having to travel.

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

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We have received calls from three prospective clients this week, two of which had an attorney, one of which settled a case last year with a different lawyer.  What do they all have in common?  None of them could tell us the name of the attorney that represented them?

Now I don't know if I should blame the client on this or not.  This case is your life on the line and just like raising a child, you have to show interest and personal responsibility.

That said, I got the impression that these lawyers spent so little time with the clients and dumped them off on their secretaries.  With that type of service it's not surprising that they didn't know their names.

We won't ever guarantee a client a result.  But I do guarantee that if you don't know our name once you hire us, it won't be because we haven't communicated with you on a regular basis.  Sending a letter or e-mail once a month and making a phone call is an easy thing to do and we do it.  A good attorney wants to know what is going on with 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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There is an Illinois workers' compensation attorney that we don't like.  The reason that we don't like him is because about once a week we get a call from someone he is representing.  It's always a different person calling, but the conversation usually stems from the fact that they don't get returned phone calls from that office or that attorney isn't fighting for them.  Quite often we investigate this and find that this lawyer is flat out lying about the case or telling the client to take much less money than could be obtained with a little hard work.

This same lawyer has said that he has won compensation on 98% of his cases.  That sounds impressive unless you know anything about Illinois work injury law.  The reality is that in pretty much any case you could settle for some sort of compensation from an insurance company.  Most insurance companies will pay you $1,000 just to go away.  The reality is that most good attorneys only take on serious injury cases and while we may not win every issue for our clients, just about every client we have represented has come away with a significant result.

The reason this is true is that we don't take minor cases.  It's just as much work to get a great result for someone with a broken finger as it is to do the same for someone with a broken arm.  The broken arm case is worth more money so we focus on helping people with serious injuries only.

So beware attorneys that promote something that sounds too good to be true.  Before hiring an attorney find out how they will communicate with you and if they have clients that will recommend them.

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

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We have had clients that sing the praises of their chiropractors.  That is all fine and good, but part of our service is honest talk and no honest attorney will tell a client that has a serious back or neck injury to rely on a chiropractor to treat them.

The reality is that chiro's have much less credibility with insurance companies and judges that do orthopedic doctors.  It's better for your case and likely better for your health to be treated with an ortho.  They provide potential treatment options that chiropractors can't and their role is cure, not comfort.

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

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Chondromalacia, or runner’s knee, is a common injury among young athletes, and especially runners. Men tend to be more prone to runner’s knee than women. Runner’s knee is caused by an irritation to the under-surface of the kneecap known as the patella. The patella is coated in smooth cartilage, and it usually glides across the knee cap as the knee bends. However, if the knee tends to press up against one side of the kneecap, the cartilage is worn down and the patella is irritated. The result of an irritated patella is the kneecap or anterior knee pain known as Chondromalacia, or runner’s knee.

Treatment for Chondromalacia (runner’s knee)

Surgery is rarely necessary for treatment of Chonromalacia. Rest and physical therapy can effectively heal Chondromalacia. Usually adequate rest involves several weeks away from athletic activity and eventually a gradual return back to activity. Effective physical therapy usually focuses on strengthening of the quadriceps and hamstring muscles. Anti-inflammatory medications can also reduce pain and swelling. In rare cases, surgery may be an option.

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our 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 bunch of calls lately from injured workers who seem to have great cases and have attorneys that regularly handle work injury claims.  The reason we got these calls are usually something like, "My lawyer is a jerk" or "My attorney doesn't answer my questions", etc.

We are always startled to hear that an attorney would treat their client this way.  Our job is hard, but not that hard.   Besides, once you handle these cases for a long time there aren't too many difficult situations that come up.

We think the problem is two-fold: 1. Some attorneys take every case that comes through the door so they are over-whelmed with calls from clients.  We limit the cases we take on.  If you break your finger on the job, it's probably a case, but not one that we would pursue.  2. A lot of lawyers just hate what they do so they take it out on their staff and clients.  We are fortunately not that jaded yet.

If your attorney isn't treating you well let us know.  We will give you an honest evaluation as to whether or not sticking with them is a good idea or if it's a time for a switch.

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our 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 we found out a client of ours was lying, we'd withdraw from their case.  Fortunately we are pretty good at screening our clients and that has only happened once.  We were asked to provide an overview on work comp fraud in Illinois for a lecture and here is what we wrote.

Crime & Punishment in the Illinois Workers' Compensation Act

In February of 2006, the Illinois Workers’ Compensation Act was amended to include investigations of fraudulent work injury filings by a new Fraud Prevention Unit. Below is more detailed information about this new amendment to the Illinois Workers’ Compensation Act.

Fraud: A person commits fraud when he or she intentionally induces another to rely on a pervasion of the truth and surrender a legal right or thing of value.

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

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One of the first things that we tell our clients when they contact us to pursue an Illinois workers' compensation case is to be bluntly honest with us and 100% truthful with your physicians.  We can best help you if you do this and besides, we are big believers in karma and it's just the right thing to do.

If we discover that a client is lying to us or their doctors we drop their case.  No exceptions.  Fortunately, it has been years since we have had to do that as we only take on cases we believe in and we are very up front with our expectations of our clients.

Some people tend to exaggerate their injuries thinking that this will help them, especially when they don't think their doctor is listening to them.  Let us be 100% clear.  DON'T DO THIS.  Again, it's not right and it will hurt your case.

In a recent decision from the Illinois Workers' Compensation Commission (not a case we handled) an injured worker was given lower benefits because it was found that on a functional capacity examination that they were over-stating what their injuries were.  A functional capacity

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We just got a call from a woman whose husband hurt his back on the job.  He has been told that he has to treat with the doctor that his company has chosen and pay a co-pay.

In this economy he and many others are worried about losing their jobs.  That said, there is nothing more important than your health and by not having an independent doctor looking out for you, you run the risk of making a bad situation worse.

The law is clear:

1.  You choose your doctor.

2. No co-pays, no out of pocket expenses.

3. Your employer or their representatives can not talk to your doctor other than to ask for a copy of your records.

The laws are there to protect you.  Make sure you enforce your rights.

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

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Under Illinois Workers'  Compensation Law, if you are hurt on the job your employer is supposed to complete what is called a Form 45 which details what happened.  In reality, this usually does not occur, especially at smaller companies.

Our advice is that if you are hurt on the job, do something that documents what happened.  Even if it's a simple e-mail or short note (that you should keep a copy of).  Something like this should suffice:

Hey Tom, I just wanted to confirm our conversation in which I told you I felt a pop in my back this morning when I was lifting a box.  I'm going to see my doctor on Tuesday and will let you know what he says.  Thanks, Mike.

Even if you don't end up having a big injury or decide not to pursue a case, a short note like this leaves no doubt that you were hurt on the job and notified your employer.  That eliminates 90% of the common defenses to most cases and protects you down the road.

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

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Most of our clients that are diagnosed with carpal tunnel syndrome perform some sort of repetitive activity like typing or use of their hands on an assembly line.  That, however, isn't the only way to get carpal tunnel.

Carpal tunnel can also occur from a specific trauma to the hand or even a neck injury.  It's possible that carpal tunnel problems could essentially be at rest and then you have an incident (like your hand getting slammed into a wall) and all of the sudden you notice numbness and tingling in your fingers and wrists.

If this happens to you then most likely that incident either caused or aggravated your condition.  If it happened to you while working you should receive Illinois 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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The law in Illinois is that if your job causes, aggravates or accelerates a condition it should fall under the Illinois Workers' Compensation Act (pdf).  That's easy to determine if you lift up a box and feel a pop in your back or slip on a wet floor and hurt your shoulder or knee.  But what happens if you have an injury that you notice away from the job?

Heart attacks quite often don't happen at the moment a triggering event occurs, but rather hours later.  In other words, if you are working a 14 hour shift in extreme cold or doing a lot of heavy lifting, the strain on your heart may be taking place without you knowing it.  You could work a hard day and have a heart attack that night in the privacy of your own home.  Under Illinois law, that may be a work related injury.  If something about your job was unusual (like extreme cold or heat, excessive lifting, very long hours) and it played a role in your heart attack then you should be able to secure work injury benefits.

When we handle these cases we are sure to take a complete look at the life of our client and talk to their cardiologist about the role that the job played in a heart attack.  Even if you have other factors that could contribute to heart disease, if your job is a factor then you will likely win 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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Over the last few years there have been numerous studies about the causes of carpal tunnel syndrome.  Some studies state that ergonomics and repetitive activity can cause carpal tunnel.  Others state that these factors have nothing to do with getting carpal tunnel and that the cause is a genetic pre-disposition to it.

Under Illinois workers' compensation law, if you job causes, aggravates OR accelerates a condition then you should receive work comp benefits.  That means that if you notice that after typing for six hours a day, five days a week for a month that your wrists hurt you should probably get benefits.

Under Illinois law your job does not have to be the only cause of your carpal tunnel, just a contributing factor.  We strongly advise our clients to give their doctors a detailed description of their job activities and how those activities have contributed to your problem.  In other words be honest and tell your doctor what you notice.  If he says your job played any role then you should win 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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