Workers Compensation Lawyer in Chicago, Illinois Work Injury Attorney

Injured workers don’t always run to their employer to report an accident. If it was a careless mistake, you might feel embarrassed, or fear that your employer will fire you for making the mistake. Maybe your employer has a reputation of treating injured employees poorly and you would rather suck it up in order to stay on their good side.

These are valid concerns. The reality is that keeping your job might be your top priority. We get that, but ignoring an injury at work worries us, because we have seen people miss their opportunity for benefits and end up out of luck when the injury worsens years later.

In Illinois, the law says that you have 45 days to notify your employer. If you miss the deadline, you’re not necessarily out of luck, but it gives your employer and the insurance company a reason to deny your claim. The point is to notify your employer as soon as possible – it can help you avoid a dispute and get your benefits started sooner.

Notifying your employer is just the first step; you also have to file a claim with the Illinois Workers’ Compensation Commission. The deadline for this is two years from the date of injury or two years from the last payment of benefits. For injuries that develop over time, such as repetitive stress injuries, the deadline is two years from when you realize you are injured and that work is the cause. This is common not only with repetitive stress injuries but exposure to toxic fumes or materials. Asbestos illnesses can show up decades after exposure. You have more than two years from the date of exposure in these instances, but there is still a time limit, so delay can hurt your case.

We’re not trying to make you paranoid. There are times when an injury really isn’t that bad, and a claim would not be beneficial. Just be aware of how you’re feeling and don’t skip that trip to the doctor if it’s warranted.

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

2/4/12

 

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We got a call from someone who was about to hire another (reputable) lawyer for their work accident in Glenview. She was panicking about signing the contract because she thought her lawyer had somehow pulled a fast one with the contract he sent her. When they talked over the phone he told her 20% was the fee by state law (it is), but when she got the contract she saw something about a 50% fee.

Under Illinois law, your lawyer fees can not exceed 20%, even if you switched lawyers. The exception to that is if you were made a settlement offer before you hired the attorney. In that case the lawyer can take 50% of what they get above and beyond the offer you were given before you hired them.

For example, if you are given an offer of $15,000.00 before your hired a lawyer and the lawyer gets the offer increased to $45,000.00, they can get a fee of $15,000.00 (that is 50% of the 30k increase they got for you). We choose not to add this clause to our contracts because it almost never happens and we don’t typically consider taking that much. I think it actually serves to confuse the client more than anything.

In this case, a good lawyer didn’t do a good job of explaining themselves and almost lost a client. We told the caller to stick with them and not worry about what the contract said as there was never an offer to begin with.

If this is confusing just let us know. We are happy to talk about this or any other issue.

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

1/27/12

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1. MYTH: Your job will be in jeopardy if you pursue workers’ compensation benefits.

Not only will your job not be affected by pursuing your right to workers’ compensation benefits, but Illinois law has put some muscle behind this concept. Under the law, you may have an additional claim against your employer if you are fired or demoted because of your workers’ compensation case. This would be called “illegal termination” and could cost the employer significant penalties. Even though in Illinois an employee can generally be fired for any reason or no reason at all, he/she cannot be fired for an illegal reason. Trying to interfere or retaliate against you because of your workers’ compensation case would be an illegal reason for termination.

2. MYTH: If your employer says you are an independent contractor, it must be true.

Employers sometimes classify workers as independent contractors to avoid workers’ compensation benefits. But you do not have to rely on what you are labeled by the company. If your job is set up so that you actually function as an employee, then regardless of what you are called you should be entitled to workers’ compensation benefits. The most significant factor is whether you or your employer is really controlling how and when you work. Look at whether you are able to decide the hours, location, and methods for getting the job done, or whether your employer is making those decisions. Also, whose equipment and materials are being used? How are you paid? Other factors go into figuring out your true status. But just because your employer calls you an independent contractor, does not mean you are not really an employee for workers’ compensation purposes.

3. MYTH: A prior injury or condition prevents you from receiving benefits for a later injury or worsening of your condition.

In Illinois, you can receive workers’ compensation benefits for a work-related injury, even if you had a prior history of the same problem or a pre-existing condition that made the injury worse. Workers’ compensation is not off-limits just because you are a worker that is older, weaker, or have been injured previously. As long as your job was a factor in your current injury-- either as a cause or making your condition worse-- then you may be allowed to recover benefits. So if you work in a warehouse and had a prior back injury that was being treated, and then re-injured yourself lifting boxes, you are not cut off from benefits just because of your prior condition.

4. MYTH: Break-time injuries are not covered by workers’ compensation.

This depends on what you were doing during that break. Not all beak-time injuries are covered under Illinois workers’ compensation, but many are. If your break involves an activity that is for your own personal comfort or health, then it might still be considered part of the job. After all, if you are taking care of your necessary, personal needs such as eating, going to the bathroom, warming up or cooling off, etc., then you are also serving the needs of your employer, because you couldn’t continue your job duties otherwise. However, if you did something unusual or risky or unexpected in taking care of your personal comfort needs and you were injured, you might not be covered under workers’ compensation for those injuries.

5. MYTH: Insurance companies can force you to have surgery that was recommended.

As long as you are making a good faith decision to refuse surgery, the insurance company cannot force you to have the surgery, or penalize you for your decision not to have it. Illinois law recognizes that some people have reasonable fears and beliefs about medical procedures like surgery, and allows the worker to refuse treatment without losing benefits. Even where there is a medical opinion that there could potentially be a negative health effect of refusing the procedure, if the decision is in good faith and reasonable, based on a fear or belief about the procedure, then the decision should be respected.

6. MYTH: Switching attorneys will cost you extra fees out of your pocket.

If your attorney is not hard at work fighting for you, it may be necessary to make a switch—but it will not cost you anything extra. Workers’ compensation lawyers are paid a contingency fee, which means that they are paid a percentage of what you get as a settlement or at trial. The percentage is 20%. The fee amount is set by Illinois law, and you do not have to pay more money if you have more than one attorney. The attorneys who have been involved in your case will work out among themselves what part of the total fee they get. But in no event will it cost you any more than it would if you only had one attorney. If you can, it may be best to try to work out your issues with your lawyer to avoid having to make the switch. But sometimes the change is necessary and unavoidable, and you may take that step to protect your case without suffering a financial loss.

7. MYTH: The accident was your fault, so you cannot get workers’ compensation benefits.

Not that we recommend violating a safety rule, or doing your job badly, but generally it won’t affect your right to workers’ compensation benefits if your conduct results in an accident. It is more important in Illinois, whether you were actually doing the job you were hired to do at the time of your injury. If you were performing your job duties at the time, you should still be covered. If, though, you were involved in an activity at work that was not allowed, or not part of your job, then that is a different story. Also, you cannot purposely do something dangerous, that you know is likely to cause an injury. But where you were attempting to benefit your employer through your job duties, but you broke company rules or performed your duties badly, you should still be able to recover for your injuries.

8. MYTH: If there was no single accident, but the injury developed gradually, you cannot have a workers’ compensation claim.

Injuries that are caused by repetitive movements while doing your job are just as much a part of Illinois workers’ compensation as a single-event accident. If you have to constantly reach, bend, twist, flex, etc. to perform your job tasks, then you can develop a repetitive trauma injury that would likely be covered. One such injury is carpal tunnel syndrome, which can be caused by constant computer use. Repetitive trauma can also occur in jobs that involve repeated and regular movements with heavy tools. Though these cases may be more challenging to prove and to pinpoint the start of the injury, they should, nonetheless, be covered by workers’ compensation.

9. MYTH: Accidents that happens before or after the work day are not covered.

Generally accidents that occur on your way to or from work are not covered under workers’ compensation. But there are exceptions, such as a fall in the parking lot going into or coming out of work. If the parking lot is wet or icy, or there is some other condition that causes a fall, it may be covered. What is relevant in these situations, is what control your employer has over the parking lot. Whether or not your employer owns the lot, if you are required to park there, and your employer takes care of the lot or pays someone else to do the maintenance, you have a good argument for the accident being covered by workers’ compensation.

10. MYTH: There is nothing you can do if your benefits are not being paid, but sit and wait.

If you have medical bills that are not being paid, you do not necessarily have to wait for a trial, without having the situation corrected. Illinois law has provided a way to get a decision by an arbitrator on an expedited basis. Your lawyer may be able to file a petition which requests an immediate hearing. The Arbitrator at the hearing is able to order the bills to be paid, or can authorize treatment, if either is warranted. In addition, the insurance company can be assessed penalties if there has been an unreasonable refusal or delay in paying the bills.

 

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

1/25/12

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A client had a really good question about her workers’ compensation benefits. She had been in a car accident while working, and now wanted to quit her job, but of course did not want to affect her current case.

While your case is pending, generally the best course of action, if possible, is to hold on to your job. But that’s not always possible—sometimes the reality of the job stress is not good for your overall health and well-being. So here are some things to consider.

Your medical benefits will be unchanged by your job status. Whatever medical bills you have, and bills you will have in the future should get covered completely regardless of whether you are working. This benefit reimburses you for what you need to spend to heal from your injury.

But temporary total disability (TTD) benefits could suffer by leaving your job. TTD pays you a percentage of your lost wages when your injury keeps you from working your old job duties. If you have job restrictions because of your limitations while healing, or after a surgery, then you can recover benefits based on the difference between what you can earn at the time, and what you were earning before the accident.

The problem with quitting your job if you are in this situation, is that if your employer has found you alternate work within your medical restrictions, and you do not take the job, you could compromise your TTD wage benefits. If you quit before you know whether your employer had an appropriate job alternative, then they could always say that they had a job lined up for you if you hadn’t quit. Again, your benefits could be negatively affected.

There are other factors that can impact the decision. For example, finding a job that is better, or pays better, may be a reason to quit. But overall it is not usually a good idea to quit while your case is ongoing. Your own situation is unique, though, so talking to us to go over the details of your situation before you make such a potentially costly decision is the better course. You don’t want to quit your job without weighing the risks to your workers’ compensation case because once you lose your rights it’s almost impossible to get them back.

 

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

1/23/12

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If you search our site you will see a few posts where we talk about surveillance in Illinois work comp cases. If you have a serious, long term injury, don’t be surprised if a private detective is following you around.  As a lawyer, that doesn’t bother me at all because as long as my clients are honest and listen to their doctors, the video they get on you will likely amount to nothing and won’t affect your case at all.

I was thinking of this the other day when discussing a pain management doctor that many insurance companies use for independent medical examinations (IME).  He gets a lot of business because he is certainly more likely to tell the insurance company what they want to hear than what you want them to hear.   But he also gets a lot of business because he is very thorough.

The most thorough thing that he does is spy on those that visit him.  He or his staff will watch you as you are walking in to his building and will also watch you when you leave.  If you are walking normally in the parking lot, but limping and wincing in his office, his IME report will say that you are full of it and it will hurt your case.

So it all goes back to the point of being honest.  There is no reason to embellish your symptoms for a doctor or anyone else.  Aside from being bad karma, it’s just not smart.  Doctors are trained and experienced at what they do.  So are insurance companies and the lawyers that they hire (along with the lawyer you hire of course/hopefully).  Point is that you can almost never fool them because there isn’t much that they haven’t seen.  You are actually better served by not limping at all, assuming that reflects your true health, than trying to show how hurt you really are.

In fact, most IME doctors perform truth tests of some sort, they just don’t tell you that they are doing it.  Many clients are surprised when they see comments about this in the reports that the IME doctors write.  But you have to remember, they aren’t your doctor, they are the doctor for the insurance company.

It’s human nature to want people to believe you.  But trying to influence them with anything other than the truth, especially in an Illinois workers’ compensation claim, is a terrible idea that could potentially ruin your life.  So if you do just one thing on your case, please just tell it like it is.

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

1/21/12

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Every law firm is different. Some seem to never return phone calls. Others want every case screened by a paralegal. Still others are great and will get a real, experienced attorney on the line right away. So what happens when you call us?

1. You will notice that I put my direct line, 312-346-5578, all over this blog. I am the attorney and I want to talk to potential clients, current clients or others that just have questions. There is no need for a paralegal to filter my calls for me. If you call and I’m not on the phone, you will get me. If I’m on the phone, my secretary will pick up and let you know how long it will be until I’m free. If she has to take a message, you can expect a call back within 15 minutes. If you call after hours, my 24 hour answering service will take a message and page me. Unless it’s 3 a.m. (and sometimes even if it’s 3 a.m.), you can expect a lawyer will be calling you back right away.
2. Once we talk, you can expect that we will be direct, honest and blunt about your situation. I firmly believe that no one benefits from anything but honest talk. You will have a chance to explain your situation and ask any questions you want. We of course will ask questions of you and about what happened. EVERYTHING WE DISCUSS IS CONFIDENTIAL. No one who wouldn’t potentially be a part of representing you will ever learn anything you share.
3. After we learn of your situation, if you want/need an attorney, we’ll tell you who in our network is right for you. In other words, we are in Chicago. If you need a workers’ compensation lawyer in Urbana or Peoria, we could handle that case, but you’d be better served by someone down that way. Instead of us trying to handle a case where we know it’s not best for you that we be your attorney, we do the honest thing and hook you up with the right lawyer for you. These are all attorneys that we know well and have the same approach as us in terms of customer service, fighting for their clients and honesty.
4. There is never a charge to talk with us or just ask a question.

That’s it. It’s not complicated. We’ll never tell you what you want to hear, but always will tell the truth.

1/19/12

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We got that question recently from a nice carpenter who was concerned that his Champaign work injury attorney was not doing a good job.  He wanted to fire him, but was worried about having to pay a new lawyer and getting a bill from the old one.

The workers’ compensation laws in Illinois have that issue covered.  The total costs for attorneys in your case cannot exceed 20% of your settlement.  It doesn’t matter if you have one lawyer on the case or switch ten times (don’t do that).  It will not cost you any more than 20%.  You will not take a financial hit for protecting your interest by making a change in lawyers that you feel you need.

Also, the old lawyer can’t hand you a bill for his or services when you switch, because the money is not owed to be collected until your case is over.  The 20% for attorneys’ fees is a contingent fee, so it is calculated at the end based on the amount of money you receive for your case.  Where there has been more than one attorney, they will work out the fee issues among themselves or an Arbitrator will decide.

That being said, it is still recommended to try to work out your situation with your attorney and see if you can avoid having to fire him or her.  Every relationship has rocky moments, and you do not want to make a decision in haste.  On the other hand, you have a right to have an attorney that is fighting for you every step of the way.  It is your injury after all and really your life is on the line if it’s a major injury. 

You are entitled to have your attorney returning your calls, and working hard to see that your best interests are protected.  If you are going to make the decision to switch, it is better to do it earlier in the case, while it is still possible to turn things around.   You cannot necessarily go back and undo what your attorney has done.

In the carpenter’s work injury case, his concerns may be valid.  You want to be sure that you are involved with your case, and know what your attorney is doing for you.  If it is not what you had in mind, or the attorney is resistant to share information with you, it may be time to make a change.  When you are weighing the pros and cons of your decision, though, the cost of paying the attorney you want to fire is not a factor.

1/15/12

 

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If you go to an arbitration (trial) in a workers’ compensation case, it is up to the Arbitrator to write a written decision as to how the case is decided.  What really happens though is that the attorney for the worker and insurance company submit a proposed decision as to how they think the Arbitrator should decide.  Basically we as lawyers write as if we were the Arbitrator.  Sometimes an Arbitrator will just pick one and stamp it as if it was theirs, other times they write a whole new decision in their own words.

The last thing an Arbitrator tells you after the trial ends is that proposed findings are due in two weeks.  While sometimes an Arbitrator may know what they are going to say anyway, we’ve seen many cases turn on brilliant or not so brilliant proposed findings.  This is your lawyer’s chance to be a real lawyer and persuade the Arbitrator to find for you.  That’s why you hire the lawyer, right?

Well there is an e-mail making the rounds of work comp attorneys in Chicago that shows a conversation between an Arbitrator, highly respected defense attorney and a longtime lawyer for injured workers.  They had a trial and the defense attorney turned his proposed findings in by the deadline.  The worker’s attorney did not and was scolded in an e-mail by the Arbitrator for being late.  Bad mistake, but not the worst thing in the world.  He could have profusely apologized, made up some excuse and his client would not have suffered.  Instead the next day he turned in a one page cover sheet that says how the Arbitrator should decide, but did not actually write the proposed findings that explain the reason why the Arbitrator should find in his favor.  When the Arbitrator asked where the proposed findings were and was told that was it, the Arbitrator said: “I’m sorry, you don’t have more to write?  You honestly believe what you have submitted is sufficient?  This is a joke and I would be thoroughly embarrassed to submit this to an arbitrator for consideration. “

The lawyer, who has been in practice for more than 35 years and works at a big firm that gets lots of union members as clients responded that he trusted that the Arbitrator would read the depositions of the doctors and make the decision that way.  That set off the Arbitrator further, understandably so.

Now I don’t know the extent of the workers’ injury, but if it went to trial and depositions were taken, I’ll bet a nickel that it was a big one.  If true, the worker’s life is on the line so to speak and he puts that life in the hands of the attorney.  When the attorney won’t even half ass their effort, it’s stunning.  The poor worker of course has no idea what’s going on and probably never will.  And while the Arbitrator could find in favor of the worker, you can bet your bottom dollar that he’s going to hammer the lawyer and find in favor of the insurance company.

I don’t know how someone who “represents” clients this way can sleep at night.  It would eat me up.  I certainly hope that I never become so jaded or disinterested that I could let my actions literally screw up the lives of those who come to me for help.  This lawyer should retire, take a sabbatical, find a new career or do something other than not help his clients.  But he’s probably making great money half assing his way through work and probably can’t do anything else.  If he’s reading this, I plead with you to start showing some pride or walk away.  Or tell your clients that you aren’t going to fight for them.  It’s simply pathetic.

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

 12/26/11

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Before you are going to get surgery covered by workers’ compensation insurance, you are often asked to go for an Independent Medical Examination.  This is an evaluation by a physician that the insurance company sends you to, at their expense, to get a medical opinion about the cause and/or treatment for your injury.

Even with the best of intentions by all of the physicians involved, there is still frequently a disagreement about the recommended course of treatment.  If your treating physician recommends surgery, and you want to go through the procedure, you hope for the best that IME physician will agree, but prepare for the possibility that he or she will not.

How can you position yourself the best to win the battle of the “experts” and have your surgery covered?  First, be sure that the expert you are putting out there is qualified and credible.  The insurance company is likely to hire someone who specializes in the particular area your issue involves.  If your doctor does not have much experience in this type of procedure, or is a general physician rather than a specialist, then the recommendation may be given less weight.  Credibility is also key.  The reputations of the doctors can sway the opinion one way or the other.  Honestly, a lot of lawyers and insurance companies screw this part up by sending workers to “hired guns” that are known to say whatever needs to be said, not necessarily the truth.

Second, if your physician has the experience and expertise to give the opinion for surgery, be sure that he or she can back it up.  A recent Illinois workers’ compensation case was lost largely because the treating physician’s surgery recommendation was made without the necessary specifics to support it.  There was no rationale behind the decision, other than to say that if physical therapy did not work then this surgical procedure should be tried.

The IME physician was detailed and convincing in his opinion that surgery was not necessary under the circumstances.  He gave specific medical reasons why he did not think that this was the right procedure.  He also was detailed in his discussion of the worker’s risk factors that would make the surgery much less likely to be successful.   In the end, the insurance company’s physician was far more credible and convincing and surgery was denied.

When you want to get your surgery covered, it can be a frustrating process to have to fight to have your opinion accepted.  But with a good lawyer in your corner, and the right medical evidence and support to back you up, you have a good shot at winning the battle of the medical experts, if your case comes 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.

12/24/11

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Following a work injury, while you are still recovering, you are entitled to receive temporary total disability benefits (TTD), to help you financially until you have improved as much as you are able.  If you are able to perform some job task, your employer can give you some “light duty” work so you can still follow your doctor’s restrictions.  Workers’ compensation benefits continue to support your recovery and financial loss.

But this can sometimes bump against another area of Illinois law.  In most instances employees may be fired for good reason, or for no reason at all, unless there is some agreement that says otherwise.  If you are working light duty at the job where you were injured, and you are fired from that job, what happens to your benefits?

Your rights as an injured worker should still be protected, allowing you to continue to collect from your old employer’s insurance, even if you have been fired from your job for misconduct, or some other cause which you are responsible for.  Employers have tried to make the case that if you are fired for misconduct, they should not have to continue paying TTD.  But this argument has been rejected.

The goal of workers’ compensation is to protect injured employees financially, and help them to return as healthy as possible to the work force.  To achieve this goal, it makes sense that the law would simply look at whether the employee was entitled to TTD benefits in the first place, and if so, whether the employee is still in the process of recovering from the injury and not yet at the maximum level of improvement. 

TTD benefits should not be affected at all, just because you were fired, regardless of you blameworthiness in being fired.  If you are continuing to follow your doctor’s orders and your condition is still improving, then the cause for your firing should not be able to be used against you for the purposes of workers’ compensation benefits.

It should be mentioned, though, that your employer, on the other hand, cannot fire you just because you have filed a workers’ compensation claim.  Even though Illinois generally allows for terminating employees for any reason if there is no other agreement preventing this, one of the reasons that is not allowed for firing an employee is his or her involvement in a workers’ compensation case. 

Either way, employees’ TTD benefits are generally protected when the employer later decides to terminate the employment.

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

 12/14/11

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I don’t want to paint the picture that every insurance adjuster is the devil and they will screw you at any opportunity, but that said, there is no debating that an insurance company isn’t looking out for an injured worker, they are looking out for their bottom line.  Claims reps for insurance companies get paid in part based on how quickly they can close cases and how little they can spend per case.  The less you get, the better off they are.  That’s why they will sometimes refuse to approve a surgery without a good reason.  If they don’t spend $10,000 to fix your knee that is money in their pocket.

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

12/10/11

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Most of the time there are consequences for violating rules at work—whether they are safety rules of the workplace, or directives on how to perform your specific job duties.  If you have an accident at work as a result of your breaking the rules, should workers’ compensation benefits be allowed for you injuries?

Answering this question involves looking more closely at the circumstances of your actions.  Sometimes your behavior, though negligent, does not hurt your right to benefits.  But there are other scenarios where the company rule you broke, also severed your chances of coverage.

Basically, there is a distinction between breaking the rules while performing your job duties, and breaking a work rule for your own personal reasons.  If you were doing what you were hired to do, but you violated company policy doing it, you shouldn’t forfeit your workers’ compensation rights. 

For example, an employee who drives to sales calls or deliveries throughout the work day should obey traffic laws and other safety rules.  He or she might at some point, be running late for an appointment, and decide to make up time by speeding.  This would not be a good choice, and clearly not within the directives of the employer.  But if the employee got into an accident for speeding or running a red light, any injuries that were sustained should still be work-related injuries for workers’ compensation purposes.

Even though this employee knowingly violated one or more safety rules, the whole time that he or she was in the car was part of a course of performing the duties of the job.  It was all about getting from one job site to another job site.  Because the employee was injured while in the process of doing the job, then there should be workers’ compensation coverage to pay the bills.

But if you get into an accident because of a personal risk you take for yourself, and not your employer, you could lose your right to benefits.  If the employee that is driving for the job got into an accident because, while driving, he or she was texting to make dinner plans for that night, then this would not likely be a case for workers’ compensation.  The texting was for purely personal benefit, and not part the job.  Since there was no relation between the action that caused the accident, and the business of the employer, then there would not likely be any coverage for the injuries.

Under either scenario, the actions were unsafe and should have been avoided.  But for the purposes of recovering under workers’ compensation, the difference between the two can be significant.  One is a prohibited way of performing the job, and one is a prohibited activity that is not related to 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.

11/30/11

 

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I had a call the other day from a woman who wasn’t happy with her lawyer.  I asked how she got to him in the first place an she said, “The physical therapist that the insurance company sent me to told me to hire him.” 

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

 

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Illinois workers’ compensation law allows the insurance company to try to stop or lower your benefits if you do something that harms your recovery.  This could include either doing something to your health that hurts the progress, or not doing something that could help you.  The standard for what will be considered enough to lose your payments is fairly high, though.  It is by no means an easy case to prove.

In the case of harming your recovery by your own actions, insurance companies have tried to point to such things as cigarette use, alcohol use, and obesity as reasons to lose your benefits.  While there can be facts which could show that the injured worker was actually engaged in some behavior which would harm him or her, generally bad habits alone will not be enough.

Illinois courts have said that basically the worker is who he or she is, and if that means that the insurance company is insuring a smoker, or someone who is overweight, then that’s who they have to insure.  Continuing to smoke, even though it could be bad for recovering after surgery, is not necessarily the same as taking some deliberate action to hurt yourself and your healing.  Possibly if there were several factors about the workers’ lifestyle that combined to make the treatment and recovery so difficult, there may be some different result.

The situation where the worker may hurt recovery by not agreeing to a procedure that could help, is also a hard case to make.  An injured worker does not have to agree to surgery, even if it can be argued that there could potentially be very negative effects from not having the procedure.  Again, the insurance company is insuring the worker as he or she is—fears and all.  If there is a reasonable fear in undergoing surgery, that belief is to be respected.  Benefits should not be lost for acting on these legitimate beliefs, even if there is disagreement about the refusal of treatment.

In either situation, if the worker is acting in good faith and behaving in an honest and reasonable manner, then likely there will not be a good argument for taking away benefits.  Even though some of these decisions and actions could ultimately have a negative impact on the total recovery, some leeway is allowed for the differences in human behavior and beliefs.

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

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Usually when you think of work injuries and workers’ compensation, you’re likely to picture an employee performing his or her job, and some accident or event happens.  But what about when a physical fight breaks out at work, and injuries result?  Consider this scenario:  two employees disagree over who is entitled to a sale from a customer, and words turn into punches.  Can workers’ compensation insurance cover the injuries?

Just because your work injury was caused by a coworker’s fist, does not rule out the possibility of it’s being a covered injury.  In fact quite often these injuries do come within the scope of workers’ compensation.  However there are a few important limitations.

First, as with all workers’ compensation claims, the situation must be job-related.  It is not enough that the fight broke out between two employees.  The fight itself needs to have come out of some aspect of your job.  If two workers at a health club get into a heated argument over politics, and one throws a punch and injures the other, the injuries did not come about as a result of their employment.

However if the health club employees argued over who is entitled to credit for bringing in a new member, and it got physical, then the injuries are likely to be covered.  In this situation, the issue that sparked the fight was related to the job, and so the fight could be considered a risk that is related to their employment.  It’s not that workers’ compensation laws support resolving disputes by violence.  But the reality is that work-related disagreements can escalate, and where there is an injury that follows, there may be insurance coverage.

But there is another significant consideration that limits who may receive benefits from a work-related fight.  Whoever is determined to be the aggressor in the fight cannot claim workers’ compensation benefits for his or her injuries.  Even though two workers may be fighting over a legitimate work dispute, the one who escalated the fight is not entitled to benefit from the conduct.  The reason behind this distinction, is that the aggressor’s action taking the fight to that level breaks the connection to the job.  The person’s own uncontrolled behavior becomes the cause of his or her own injuries.

Deciding which of the employees is really the aggressor in the fight is not always an easy matter.  Cases in Illinois have said that it’s not necessarily the person that starts the fight, or the person that turns the fight physical.   All the facts surrounding the fight will be looked at, including what may have provoked the violence.  Sometimes, what may at first seem like one fight, when looked at closer can really be two separate events.  One person tried to end it and walk away, and the other then pursued it further.

Though the law may say that returning a punch from a coworker does not necessarily prevent you from receiving benefits from workers’ compensation for the injuries; causing a fight likely can. 

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our 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 began representation of a man who sustained a major injury following a chemical burn at work.  He had an attorney before he contacted us.  Any time someone calls us that is already represented, we try to learn why they want to switch and all things being equal we try to help them stay with their current firm if they can.

There are some work comp law firms in Illinois that seem to have clients that always call us.  This worker was one of them and his story was the same as others that were unhappy with this firm.

Basically his old lawyer talked down to him, yelled at him and often didn’t return phone calls or answer questions.  His thinking was, “Why should I trust someone that treats me that way?”  He’s right and I don’t blame him.

I certainly don’t get a long with everyone or even like everyone that I represent.  But my job isn’t to be friends, it’s to deliver honest and competent service in the best interest of my client.  I’ve fired clients who I found to be liars or just bad people.  But I would never put down a client or not do my job and no one I work with throughout the state would either.

Who does a lawyer think they are to call a client “stupid” or “pathetic” or any of the bad things we’ve been told some lawyers say?  It’s just awful and to quote them, stupid and pathetic.

If you aren’t happy with your law firm, you should try to work things out if you can.  But if they are just bad people then our take is that they don’t deserve to have you as a 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 are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our statewide network of attorneys. Contact us and we will answer your questions or find the right lawyer for your situation.

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Be careful of promises like “your case is probably worth six figures,” or anything similar that you hear from an attorney at the beginning of your case. If an attorney is promising you the moon at your initial meeting or consultation, beware. At that point, you are a potential client, and they want your business. If they make an argument about why they are the right attorney for you, based on their experience, past success, etc., that’s fine. But if they are promising a particular result, or guaranteeing you a win, or a big settlement, you are right to be skeptical.

No one can predict how a case will turn out, even an attorney with years of experience. And attorneys should know better. This is especially true in the early stages of a case. The value of a work injury claim is based largely on the extent of your injury and whether it’s permanent. If you hurt your back at work and are just starting to look into treatment, you have no idea what the long-term effect of that injury is going to be. What if you need surgery, or two surgeries? What if some chiropractic work fixes the problem? The range of outcomes is huge, and attorneys are not doctors.

We got a call recently from someone who was very upset about what their case ended up being worth. And we don’t blame them. Their attorney initially told them the case would be worth at least $150,000. Two years later, they get an offer for a $40,000 settlement. Now the lawyer is saying the case is not worth $150,000. The client is angry. The attorney is being honest now, but wasn’t being honest two years ago when trying to get the client in the door.

It’s a huge red flag. And it’s one that a potential client can miss because they want to believe what they’re hearing and they don’t have the legal knowledge or experience to know that it’s not an accurate estimate. The best thing you can do to avoid this is to avoid attorneys who make promises, especially about the outcome of your case or what it’s worth. No one can predict that. And if they pretend that they can, then they aren’t being honest 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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When a union member is injured at work, they often contact their union for advice. The union may recommend hiring an attorney and might even provide the name of an attorney for them to call. In some cases, it might just be a helpful referral. In some cases, there is more going on.

We’ve been hearing more and more from injured workers who are not happy with the lawyers recommended by their union. Some say they feel forced to hire these attorneys for their work injury claims. The specific complaints we’ve been hearing is that the attorneys they are referred to blow off their cases once they’re in the door, unless they are a well connected client. They don’t feel like they’ve hired the right attorney.

Some firms are known as “union firms,” and these attorneys get a lot of business sent their way. That in itself isn’t a problem. The question: Why are the unions recommending these particular attorneys? Some are great, but some are not. One reason might be the relationships between the firms and the union heads. There are stories of these law firms taking union heads on vacations, buying them gifts like big screen TVs, etc. This is against the law, obviously, but that’s not to say it doesn’t happen.

An attorney should be recommended based on their ability to best represent a client. When it comes to a work injury, the attorney you hire should have specific experience in your type of injury, especially if it is something rare or complex. There is no way that one firm is going to be the best choice for every injury. If you have a heart attack on the job, or an RSD case, or complex back injury, you need someone with that niche experience. When unions refer members to an attorney, it should be based on the best interests of the injured worker, period.

These alleged arrangements are mutually beneficial for the law firms and the union heads. The firms get tons of business; the union heads get perks. But where are the injured workers in this equation? Shouldn’t they be the priority? We don’t promise results, but we do promise service. We believe you should be given all the information, and get a referral based on your individual needs and an attorney’s ability to meet those needs.

If your union recommends an attorney, you don’t have to hire that attorney, even if it seems like you’re getting a lot of pressure to do so. You have the right to seek out your own attorney, or at least get a second opinion.

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

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No doubt being injured on the job and unable to work like you did before is stressful.  You’ve got medical bills to pay and a future to plan.  But approaching your workers’ compensation case like you’re nervous or anxious can be a mistake.

Frequently clients feel that they change their course if they take down the insurance company that denied their claim.  Though for you, it’s understandably personal—it’s your life that’s on the line.  But for the insurance company, it’s just business, and whether they were right or wrong to deny your claim will not make or break the company.  Rather than focusing on hurting them, we want to focus on helping you.  Bringing your case before an Arbitrator who will make an appropriate ruling is the better way to deal with the insurance company.

Because of the pressure of what’s at stake, we also see clients censor themselves when speaking to their attorneys.  Apparently there’s a concern that if they tell us everything they could be burned by it.  This is absolutely not the case.  Not only are we legally required to keep our conversations confidential and not do anything to hurt your case, but we wouldn’t want to see anyone’s situation made worse by talking with a lawyer.  We are here to get you going on the right track to healing and recovery.

So the best thing you can do is be open and honest with us so we can fully analyze your situation.   We will go through the facts of your case and the possible outcomes.  Lawyers are there to help your case progress to get you the benefits you are legally entitled to.  So there shouldn’t be any reason to be fearful and feel you need to question everything you say. 

Though no lawyer can guarantee any particular result in a case, we can promise that we will listen carefully, analyze your situation, and keep everything you say in confidence and after that we will give you a blunt, honest assessment of what you are dealing with.  

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

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

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If you are injured at work, you are probably overwhelmed. How can you make sure you get benefits? Should you hire an attorney? Here are six tips to get you started.

Be honest

There are many steps and stages in an Illinois workers' compensation case, and you'll probably end up telling your story over and over again. Being honest about where and how you were injured will save you from inconsistencies that could hurt your case. Further, honesty with your attorney is absolutely necessary. If your lawyer isn't well informed, it will get in the way of their ability to represent your best interests.

Report your injury right away

As soon as you are injured at work, you should report the injury to your supervisor. Not only will notification start the benefits process, but it will satisfy the 45-day notice requirement in Illinois. If you don't notify your employer of your injury within 45 days, your benefits could be denied. The best way to report your injury to your employer is in writing.

See a doctor

Nothing is more important than your health. If you are hurt on the job, you may be concerned about getting in trouble. Or you may think your injury is too minor to seek medical attention. This should not stop you from seeing a doctor. In Illinois, 100% of your medical expenses are covered by workers' compensation insurance (so long as the treatment is reasonable and related to your work injury).

Keep a journal

A written account of your injury is a good place to start. Write down how and when you were injured, who was there, and who was notified. Keep track of your interactions with your employer and their insurance carrier regarding your benefits. Write down any changes, whether good or bad, related to your health. You never know how long your Illinois workers' compensation case will continue, so it's a good idea to have a reliable record rather than rely on memory.

Communicate with your lawyer

From the beginning, tell your lawyer the complete story. After that, keep your lawyer up to date on any changes in your case, including your health. Again, the best way to do this is write everything down. If your lawyer isn't informed, then your case could suffer. Illinois has many good work injury attorneys who will do everything they can to get you benefits, but they can't succeed unless they have all the information.

Don't be a tough guy

If you get hurt, get treatment. Your health should be your number one priority - don't wait around for your injury to worsen. Also, getting treatment right away will help establish that your injury happened at work (a fact insurance companies try and dispute). The more time that goes by between an injury and treatment, the easier it is for the insurance company to argue that the injury was caused outside of work.

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

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If you are hurt on the job, your employer's insurance company may offer you a lump sum settlement. The insurance company is not required to do so but they may and then you must ask yourself whether you should take it or fight for more at trial. There are many factors, even above and beyond the actual amount, that go into answering that question. Before you accept a settlement from an insurance company, you should talk with an experienced attorney about the facts of your case and the best course of action for you.

Settlement offer amount- The amount isn't the only factor to consider in deciding whether to accept a settlement or go to trial, but it is extremely important. An experienced attorney can tell you if the amount offered is in the ballpark of fair and reasonable. Some of the things he will consider are whether the amount compensates you for the permanent nature of your injuries, whether it covers disputed medical bills or other medical costs and whether it compensates you for future lost wages, among other things. Also, you and your attorney will devise a game plan of perhaps a first negotiation for a higher amount and, if that fails, to proceed to trial.

Timing of receipt of settlement amount as opposed to trial - Even if there is a very good chance that you could win a higher amount at trial, settling now for a lesser amount might actually be the wiser decision for you, depending on your circumstances. Do you desperately need the money and can't wait for a trial? Has the whole ordeal been hard on your health and the stress of a trial could only make it worse?

Timing with respect to your health - It is extremely important to remember that you should never settle your case until you are at the healthiest you can be and don't currently need more treatment for your injury. You do not want to be in a situation where you settle only to learn that you need more treatment. You can't then go back to the insurance company. Once you settle, it's over. Illinois work injury attorneys know this standard for waiting until your treatment is complete. If it seems your attorney is not considering this but is making a decision based on what will get him paid quicker, find a new lawyer.

Chance of success at trial -Your attorney will consider your case and whether the disputed issues are likely to be resolved in your favor. What kind of evidence do you have? If it is solid, why not show it at trial? If it's not, is a trial too risky? Settlements are a guaranteed amount and closure to your situation. You can't appeal a settlement after you accept and receive the money. On the hand, a trial is risky - you could get a much higher amount or you could not. Your attorney should clearly explain to you his assessment of your chances at trial and a risk/reward analysis.

Future medical rights - As noted above, when you settle, there is no appeal. You sign a contract that has consequences your attorney should explain to you, such as the forfeit of all future medical rights for treatment related to your injury. This means that if your injury unexpectedly gets worse next year and you need major surgery, workers' compensation will not cover it. You signed a settlement and it's over. A new, different injury or accident in the future is a new unrelated matter but, as for your original injury, you won't be compensated if you need further treatment.

If, however, you go to trial and win, your future medical rights relating to your injury never cease. This means that if your injury unexpectedly gets worse next year or ten years later and you need major surgery, the insurance company will have to pay for it. So, you may not get a lump sum settlement but rather payment over time. Only you and your attorney know what the best option is for you.

Whether to settle or go to trial is not a simple decision but one that you and your experienced attorney must carefully assess to make sure you devise a strategy that best serves 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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Although every workers compensation case is different, below is a list of the typical process involved in Illinois.

Step 1: Worker is injured.

Injury can either occur instantly during a specific accident, or it can be realized over time from repetitive trauma.

Step 2: Worker notifies his or her employer.

Workers are encouraged to notify their employers as soon as possible after an injury. It is a requirement for workers to notify their employers within 45 days of when they know or reasonably should know that they were injured on the job.

Step 3: Worker receives medical treatment.

Workers are encouraged to seek medical treatment as soon as possible after an injury. The worker's employer must pay for 100% of the reasonable and related medical treatment, which includes co-payments and out of pocket expenses.

Step 4: Worker obtains a lawyer.

Retaining a lawyer can increase an injured worker's chance of receiving all of the benefits allowable under Illinois law. Although injured workers are not required to retain lawyers, it is highly recommended. Illinois workers compensation lawyers are paid based on a percentage of the benefits that they earn for their clients as opposed to an hourly rate. Thus, Illinois workers compensation lawyers only get paid if their clients get paid.

Step 5: Employer pays worker for lost time.

When workers are unable to perform their normal duties, and their employers are unable to find alternative duties within their medical restrictions, then workers are entitled to temporary total disability benefits for their time off work.

Step 6: Worker receives independent medical exams.

Usually, injured workers are required to visit an independent physician of his or her employer's choice.

Step 7: Worker's lawyer files petition for arbitration.

If a worker is not given the appropriate medical or wage benefits owed by his or her employer, then that worker's lawyer can file a petition for arbitration. When a petition for arbitration is filed, the dispute between the worker and his or her employer is resolved by an Arbitrator.

Step 8: Worker is discharged from medical care.

Eventually, doctors determine that a patient has recovered from an injury as much as he or she possibly can. When this conclusion is reached, the patient is released from medical care and has no need for further treatment.

Step 9: Worker's lawyer negotiates settlement.

Once an injured worker has finished medical treatment, an attorney can begin negotiating an appropriate settlement based on review of all of the medical treatment that was necessary for treatment of the injury.

Step 10: Either worker or employer can file an appeal.

If either party involved in arbitration is not satisfied with the result, they can file for an appeal. Appeals are first reviewed by a three panel board of Commissioners. After that, an appeal can be filed with the Circuit Court, Appellate Court, and possibly the Illinois Supreme Court.

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

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There may be times where, even though you are in a lot of pain, it could be best just to “grin and bear it.”  When you are suffering from pain due to a work-related injury, that would not be the time.  In addition to the physical pain you are needlessly going through, you could also needlessly be hurting your chances to get the workers’ compensation benefits you may be entitled to for your injury.

The workers’ compensation system in Illinois is there to help injured workers get the medical treatment that they need, and to compensate them for their loss when they cannot work as they could before their injury.   But in order to be able to show the extent of your injuries, your medical records, including your doctors’ testimony, need to contain the most accurate information about your current condition. 

A worker in a case recently decided in Illinois, learned this lesson the hard way.  He was a warehouse worker who seriously injured his back while lifting a box, and was diagnosed with a herniated disc.  He received professional medical treatment, including prescription pain medication.   When his case was heard at the Workers’ Compensation Commission, the amount of his recovery was lowered, because the Commission determined he was exaggerating his symptoms.

This decision to downgrade his recovery was based on the fact that he claimed to be experiencing pain similar to when he was first diagnosed, yet he was not receiving any professional treatment for it like he had done previously.  He was treating his pain with over-the-counter medication and stretching exercises.  Because his home-made treatment was in such contrast to the professional, medical treatment he had received initially, the Commission concluded he was exaggerating his current level of pain.

If, in fact, this worker’s symptoms were not any better, but the only change was his not seeking proper, similar medical treatment, then it’s unfortunate that he lost out on some of the benefits he may have been entitled to, which he needed.  Just putting up with pain may sound like an admirable quality, but in a case like this it can be self-defeating. 

Proper, treating physicians are an injured workers best chance at recovery from an injury.  And they also may be the best chance at showing the true nature of your injury and the pain you are suffering.   Unfortunately some people do exaggerate their symptoms, and it is never appropriate to be anything less than truthful in your workers’ compensation case.  So when you are, in fact, suffering from significant pain from your injury, you do not want to risk being accused of not telling the truth, just because you decided to suffer through it on your own without professional care.

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

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If your injury keeps you out of work for a while, you’re probably a likely candidate for the insurance company’s surveillance.  Frequently, in cases that involve significant payouts for time off after a work injury, the insurer will want to be sure that you’re not faking or exaggerating your injury.  So videotaped surveillance is used to see if they can capture a moment on tape showing you doing something you shouldn’t do, or shouldn’t be able to do.

We’ve heard of not-so-subtle insurance adjusters calling an injured worker and asking about odd things such as facial hair, weight, and other distinguishing characteristics.  What the adjuster is trying to say, of course, is something like, “when we’re coming out to get video on you, how can we be sure it’s you?”

Video surveillance is legal, and it’s just one of those things to be aware of, but not stress over.  As long as you’re being honest about your injury- which is so critically important anyway- it should all work out in the end, regardless of what the video shows.  But having to explain and deal with video that seems like it contradicts what your limitations are, can take extra time and complicate your situation.

So it’s better not to give them anything that they can try to use against your case.  Follow your doctor’s restrictions and limitations.  This isn’t the time to try to push yourself and see what you can do.  For example, if you’re not supposed to bend and lift after a back injury, and you tried to pull weeds in your garden, you could have problems.  In addition to possibly hurting yourself physically, you can potentially complicate your case.  The problem with the videotape, is that it doesn’t tell the whole story.  It’s not necessarily capturing the pain you’re in, or whether you needed days to recover after you overexerted.

As long as you’re being honest, we can likely make things work out.  But given the likelihood that the insurance company will be doing surveillance when you’re off work for a long time, it’s best to be cautious.  They’re looking for the piece of tape that shows you’re not telling the truth.  So if you are being truthful about your injury, there’s no reason to give them something to talk about.  Keep it simple for yourself and your case.  In the long run it’s likely the best medicine for your health recovery anyway.

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

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 We recently received a call from a woman who is looking for an Evanston workers’ compensation attorney.  She was very nervous on the phone as she had never spoken to a lawyer before.  I get that, but sometimes it makes me feel like an animal at the zoo.  We are no different than your friends and neighbors, at least most of us aren’t.  There are certainly some attorneys who act high and mighty with callers because they have a law degree.

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

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Not everyone needs an attorney and probably three times a week someone calls us who wants to hire us and we tell them that they don’t need us.  Usually this is someone with a minor injury or a person that hasn’t even begun treating with a doctor yet.

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

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Common question…it goes something like this:  I live in Evanston, I was injured while working at my job in Skokie.  Can I file my workers’ compensation case at the courthouse in Skokie?  The answer to that is no.  By Illinois law, your claim would have to be filed downtown at the Thomson Center.

The Illinois Workers’ Compensation Commission is responsible for handling the workers’ compensation cases throughout the state of Illinois.  The main location for the Commission is in Chicago, and all the cases originate there.  The cases are then assigned to be heard at an office closest to where the injury happened.  If the injury happened outside of Illinois, then the office closest to your home will hear the case. 

There are hearing locations throughout Illinois.  For Cook County cases, your case will be heard in Chicago, even though you may have been injured at a job which is close to the courthouse in Skokie or Rolling Meadows.  Similarly, if you are hurt in DuPage County, your case will be heard in Wheaton.  And if you are hurt in Lake County, your case will be heard in Waukegan.  Some of the other hearing locations include Rockford, Peoria, and Decatur, to name a few.

Because the cases are not heard in every suburban courthouse, most lawyers that concentrate their practice representing injured workers will have their office close to the hearing locations.  If a lawyer will be handling cases for clients in Chicago every day, they would be most likely to have a downtown office.  Our firm has a network of workers’ compensation attorneys that are located throughout Illinois, and situated to be able to handle cases at the many hearing locations.  When you contact us, we figure out which lawyer is best for you and part of that analysis has to do with the amount of experience the attorney has before the Arbitrator who will hear the case if it goes to 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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Illinois workers’ compensation laws do not just cover workers who live in Illinois or who work every day in Illinois.  Depending on other factors about your work and your injury, you may be able to bring your case in Illinois, even if you live and mostly work out-of-state.  This may be beneficial, as several Illinois workers’ compensation laws are favorable to workers.

Starting your first day on the job, you are covered under Illinois workers’ compensation law if you were injured while working in Illinois, you were hired in Illinois, or your employment was primarily located in Illinois.  What this means, is that under many different scenarios, you could have very limited contact with the state, and still be able to benefit from the Illinois workers’ compensation system.

For example, you may be a truck driver that lives in Texas, and only occasionally passes through Illinois for your job.  If you are injured in Illinois while driving your truck for work on your first time here, you are covered by Illinois workers’ compensation, even if your company is located in another state. 

Changing the facts a bit:  You are a truck driver that lives in Texas, and you were hired by an Illinois company.  Even if you never even drove through Illinois, but only were here for an interview and hired, or for a required physical and then took the job; you would still be covered under Illinois workers’ compensation.  This is true regardless of where your work injury occurred.

Illinois law protects the rights of injured workers who sometimes may seem to have minimal connections to the state.  As long as the work connection comes within the law’s requirements, you can choose to bring your case here.

Bottom line is to make sure you explore your options.  The insurance company doesn’t control what state your case can be filed in, the law does.  And if you have more than one choice, the state where you file it is up 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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Accidental falls can happen while doing almost anything at work.

They can catch you by surprise and leave you with an injury requiring time and money to recover.

But exactly where and how you fall can make the difference as to whether you can recover workers’ compensation benefits to pay for your recovery from the injury.

In a recent case in Illinois, a worker who was a cement mixer injured his knee while he was getting out of his cement truck at work.  At first blush this may seem as though it would be a work-related injury:  he was at work; he was in the process of performing his job; and he was stepping out of his work vehicle and closing the door.  He was not able to receive benefits, though, because as the details of the accident came out, it showed a different story.

When the worker was first questioned about the accident, he said that he fell while stepping out of the truck, and that his left foot had slipped out from under him because of the debris on the ground.  When he was examined further, he clarified that at the point when he fell, he was already out of the truck and standing on both feet.  He had turned to close the door to the truck, and that’s when the fall actually happened.

This difference in step made the difference in his case.  While stepping out of a cement truck is likely an action that is job-specific and would allow for workers’ compensation benefits, turning to close a door does not.  Even though it was the door to his work vehicle, and even though he was in the process of doing his job, he was denied benefits.  Turning to close the door to his truck was not a risk that was any different than a risk faced by anyone in the general public, and therefore it was not a work-related injury.

Looking at potential work injuries like this one, you have to apply that kind of comparison, between the risk exposure of the worker in particular and the risk exposure that anyone would face.  This helps to isolate what makes certain actions job-specific characteristics or not.  Illinois cases have said that just because a worker wouldn’t have been in the place he was at that moment if he wasn’t performing his job, that’s not necessarily enough for it to be a work-injury. 

In the cement mixer’s case, where there was no evidence that there was anything wrong or unusual about the pavement he was standing on, the difference between whether he was taking a step down out of the truck, or he was turning while two feet were down, is pivotal for the workers’ compensation outcome.

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

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New laws went in to effect the other day that change the way Illinois work injuries are dealt with.  Since it's only been one week for most of the changes, nobody really knows what difference they have made if any.

But according to the rumor mill, at least 11 current Arbitrators are going to lose their jobs.  This will certainly change the home court advantage for a while, at least depending on who is appointed to replace them.

It will be really interesting to see what happens, but it could be that the Democrats in Illinois are really selling out their base.  What I don't get is how they expect inexperienced Arbitrators to handle both new cases with new rules (mostly injuries on or after 9-1-11) along with the hundreds of thousands of old ones that are still pending.

Like the current Arbitrators or not, they certainly are best prepared to deal with the old rules.  Things are about to go crazy at the Commission it seems.

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

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Earlier this year, the Illinois government decided to change the workers' compensation system.  It affects injuries that occur as of today or later.  So if you are reading this post and got hurt before September 1, 2011, you are playing by the old rules.

For cases from injuries that happened today or later, the honest answer is that no one knows exactly what is going to happen.  I personally don't think the values of cases should change other than carpal tunnel which was specifically targeted by legislators.  If you are undergoing a wage loss from a job change, the value of your case will definitely drop as you are only eligible for benefits up to age 67 or for five years, whichever is longer.

Doctors will certainly get less, but they have been making out like bandits for years under this system so we don't feel too sorry for them.

For you as a worker that gets injured, nothing important has changed as far as how you should act.  If you get hurt, you should report it to your employer.   If you go to the doctor, you need to tell them how the injury happened.  And during the claim, if you are honest things should work out fine.

Whatever you do, don't let an insurance company adjuster tell you that the system has changed to the point that you have lost rights.  You haven't and just as before, good lawyers will protect their clients as the Illinois workers' compensation laws are designed to protect workers.

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our 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 workers' compensation law firm in Chicago (actually a few and a couple down state) that has a terrible reputation for customer service.  They don't return phone calls, they forget what the case is about, they are rude and worst of all, they have a high turnover as lawyers come and go.

We thought of this firm because another one of their associates just left, surely to be replaced by a younger attorney who doesn't have the experience their clients needs.  More than one of their former clients has told us that in less than a year, five different lawyers handled their case!!!

It's really disgusting and the sad part is that with minimal effort this firm could dominate the market if they just treated people the right way.  But they dump on their clients which makes the clients leave and they treat the lawyers like garbage which makes the lawyers leave. 

Before you hire an attorney, whether it's one we recommend or one you find on your own, make sure to ask who will be handling the case and how long all of the different lawyers have been at the firm.  If there are bunch that have been there for less than two years then it's a red flag.  If they aren't treating the staff right, then they probably won't treat you right.

When a lawyer does leave a firm, it can really cause lots of problems as someone needs to be responsible for files that they weren't handling before.  It puts you at a disadvantage as we often see that these cases are given lower priority.

Of course there is no way to predict if your lawyer is going to leave their firm, but you should still snoop around.

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

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Should you sign it? You don’t want to sign away important rights, but on the other hand you want to make your boss happy and keep your job.

The truth is, it doesn’t matter. You can sign, or not. Either way, you still have the right to pursue workers’ compensation benefits. It’s a right that you can’t sign away. So, if signing the form helps you keep your job, you can sign it. It’s meaningless in the end.  

There are situations where you wouldn’t be entitled to workers’ compensation benefits in the first place. If you are an independent contractor, for example, you aren’t eligible. So, signing a waiver in this situation wouldn’t mean much either.

While we’re on the subject of independent contractors, we should mention that many employers and workers misunderstand what this means (or a boss understands but is looking to get away with something). If the person you work for has control over your performance and job duties, you may be considered an employee. Think about who makes your schedule, gives you tools or equipment, tells you what tasks to perform and when, and dictating how the work gets done. The more control, the more likely that you are an employee and not an independent contractor.

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our 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’ve been restricted from work or limited in your work because of a job-related injury, it’s important to follow your doctor’s orders.  This is especially important if you are claiming benefits for your work injury because of your medical limitations. 

There are basically two types of workers that work beyond their restrictions:  those that are trying to do too much and not allowing their bodies to heal properly, and those that are not being truthful about their injuries and what they’re really capable of doing.

Insurance companies will frequently try to find out whether a worker claiming benefits is really telling the truth about his or her injuries.  They may set up surveillance video in order to observe and record workers in their everyday lives, to see what they are really capable of.  If they find that you’re lifting what you’ve been restricted from lifting, for example, they’re not going to want to continue paying benefits for you to not work at a job where you need to lift.

Surveillance videotapes are not necessarily something to be afraid of or concerned about.  They shouldn’t pose a problem for you, as long as you follow a few important principles:

1.  Be honest and open about your physical limitations.  Lying isn’t acceptable under any circumstance.  When it’s done to exaggerate a workers’ compensation injury, it can only end up hurting your case and getting you into trouble. 

If you tell your doctor you can’t do something physically, and you’re caught on surveillance doing something more strenuous, you lose all credibility and likely lose you case.  Then any real injury you may have will not get treated as it should.  The penalties for lying and fraud can be even more severe as well.

2.  Don’t try to take on more than you should or are allowed to do.  If your doctor places restrictions on your activity, follow those restrictions.  First, if you don’t, you could set back or permanently damage your body while it’s trying to heal.  Second, if you make your injury worse or hurt yourself trying to compensate for your limitations, then you could risk losing your benefits.

But another result of trying to do activities beyond your limitations is that you could harm your case permanently if you are seen on surveillance video.  Even where you are just trying to push through the pain and do something quickly, you could be hurting yourself both physically and financially if that moment is captured on video.

It’s much better in the long-run to just ask for help or hire someone to do physical work that needs doing, and to put off activities that you shouldn’t do until your doctor lifts the restrictions.  That one moment that the surveillance records you removing snow from your driveway when you’re not supposed to be bending or lifting, can cost you too much in the end, both for your recovery and your case.

3.  Don’t be overly afraid of the prospect of the surveillance video.  If you’re being honest, and listening to your doctor, you should be fine.  And if there is something caught on tape that the insurance company is trying to spin against you, it can be explained or rebutted. 

In a recent case in Illinois, a worker was cut off from benefits after he was recorded doing yard work.  But when the video was fully examined, it showed that it really didn’t go against anything that he was actually claiming he couldn’t do.  Looking at the video closely can show that just because you engaged in an activity that looks physical, you may have done it in a way that supports your claim for your injury.

Sometimes the video can seem to contradict what you’re claiming you can’t do, but even then you have an opportunity to explain what is really happening.  Maybe you were really in a lot of pain when you were lifting or bending, or you had to rest every time you moved and the tape doesn’t show that. 

You need to continue to live your life as best as you can after a work injury.  You can’t hide in your home just because you are worried about a surveillance video making you look bad.   Just be truthful and follow your doctor’s restrictions.

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

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I recently declined to represent someone who asked me to be his attorney. He had a recent injury where he fell on ice at work and hurt his knee.  This was the same knee that he had surgery on four months prior.  Normally that is a case I would take.

I rejected the case because he has had 12 prior claims, all with the same Chicago workers' compensation law firm.   He has a wife that has had many workers' compensation claims and a son that has a few also.

I don't have any evidence that any of these cases aren't legitimate, although this caller didn't work in a heavy labor job so it certainly is unusual. 

But when you have a relatively young guy (mid 40's) who seems to be making a career out of being a claimant and has a wife and son that appear to be doing the same, it doesn't pass my smell test.

It's similar to my son when he does his "Boy Crying Wolf" stunt and then has a real injury.  All the faking doesn't make him look good when something legit happens.  My son is seven by the way (and the love of my life) so I can excuse his behavior.

This guy will certainly find an attorney and to be honest I hope the insurance company fights him on this one.  Guys like this, in my opinion, make the great majority of credible claims look bad.

This is also why we don't file cases for finger sprains or other meaningless injuries.  Who you represent is a reflection on you as an attorney and by extension a reflection on your other clients.  If a lawyer gets a rep for filing bogus claims, that will cause insurance adjusters and Arbitrators to really scrutinize all of their cases.

I recognize that there is no way for you as the worker to know this about your lawyer before you hire them, but if you get the feeling they are sleazy then they probably are.

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our 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 recently asked about the difference between a typical civil trial and a workers’ compensation trial. The insurance company denied his benefits after finding out about a prior injury to the same body part that was injured at work, and a trial date had been set.

In a workers’ comp case, you aren’t in a lawsuit; it’s a claim against the employer’s insurance company. There are hearings and trials, but they may be different from what you’d expect.d

First of all, you won’t be heading to the courthouse. Disputes are handled by arbitrators at the Illinois Workers’ Compensation Commission, which is based in downtown Chicago and has various hearing locations throughout the state. Also, the arbitrators are the judges. They hear cases and resolve disputes. Although many of them are lawyers, it’s not a requirement in Illinois. And there are no juries in workers’ compensation trials. The arbitrator makes the final decision.

There are a few circumstances that might bring your case before the arbitrator. Most cases have periodic status hearings at the Commission. These are not trials but rather a way for the arbitrators to keep tabs on a case and move it along. Status hearings are straightforward, and your lawyer can often handle it without you needing to be there. However, if there is a dispute -- the insurer denies your claim, you believe you aren’t being paid the right amount, or medical treatment such as surgery is denied – you can request a more formal hearing or a trial. Also, an arbitrator can set a case for trial if it has gone on without resolution for too long.

At trial, you will appear with your attorney. The insurance company’s attorney, the arbitrator, a court reporter and maybe a witness or two will also be there. Both sides will present their arguments. Depending on the dispute, your attorney may have to prove that your injury was actually caused by your job, or that your job aggravated a pre-existing injury, or that your injury is worth a certain amount. The injured worker usually testifies, and possibly witnesses if there is a question about the accident or incident that caused the injury. And your doctor’s testimony (usually taken ahead of time in a deposition) will be submitted. When you testify, do your best to remain calm and answer questions clearly. Always be honest about your injury.

You do not have to prove that the injury was your employer’s fault, nor will it harm your case if the injury was your fault. It’s simply not an issue in these cases, except in a rare instance where something extreme was going on (like horse play or something completely outside of your job duties).

After trial, you have to wait. It usually takes a couple of months before you get the arbitrator’s decision. They hear the testimony and review all the medical records and then present a written decision. Although you can appeal to a panel of commissioners, the majority of the decisions stick.

The issue of whether to settle or go to trial is an important one. If you settle, you can avoid trial and the possibility of losing all benefits. If you settle, you at least get something. On the other hand, settling usually includes forgoing all future medical claims, meaning you are agreeing to a final sum of money and can’t come back later asking for more treatment if your injury worsens. If you win at trial, future medical coverage is usually left open.

Workers’ comp trials are not like civil trials. Just because you know how to do one doesn’t mean you know how to handle the other. Make sure your attorney is familiar with the procedures and customs at the Commission and knows the arbitrators there. And make sure they are willing to actually take your case to trial if necessary.

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our 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 common question we get is, "how long does it take to get a case to trial."  The answer truly varies based on the claim, but in general it's as short as one month and as long as up to six months.  Three months is certainly average if the attorney is working hard.  Overall it depends on whether or not medical records have been secured, depositions of doctors (if needed) have been taken and witnesses (if needed) have been arranged.

Every now and then we'll get this question from an injured worker who will respond with something like, "I haven't been paid for nine months and there is not trial in site."  In almost every situation that is unacceptable, especially if the evidence is in your favor.

Other times lawyers will tell their clients that it takes more than two years to get to trial (lie) or that it's really hard to get ready for trial (lie).  This is usually a sign of an attorney who doesn't want to try a case and sees the client as a number not a person.

All that said, it is now getting harder to get a case for arbitration.  Every month an arbitrator has a cycle of cases that get set on a status call.  If there 1,000 cases, lawyers might request trials on 200 of them or be forced to set a trial date due to the age of the case.  An arbitrator will have on average five days to hear these cases (10 in Chicago, but there are more cases there).

The reality is that if 200 cases get set for trial there is not enough time to hear all of them.  Fortunately cases are most often set to put some pressure on an opposing lawyer or to force discussion.  Less than 10% have any intention of taking a case to trial.

So why is it harder to get a hearing date? The answer is that Arbitrators are being forced to take furlough days which has eliminated some of their hearing dates.  This month for example, if you were hoping for a Wheaton workers compensation hearing on June 10th you were out of luck because our very fine Arbitrator George Andros was forced to take that day off.  He's very hard working and it's not his fault that he's being asked to take time off.  Same goes for all the other Arbitrators.

So there is one less day to get your case heard.   But even with that, an organized attorney should be able to get you a hearing.  And if you are not being paid benefits, the lawyer can file a 19b petition which would put your case at the front of the line.  As long as your lawyer is truly ready.

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our 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 in a panic recently asked me if her current attorney had screwed up her case.  Fortunately for her I doubt he had.

Long story short is that she was sitting on a chair with wheels when it collapsed causing her to fall and hurt her back.  Since it happened at work on a chair with wheels and she wasn't goofing off, that alone should be enough to win the case.  The fact that the chair collapsed is just a bonus.

She is upset because her case has been denied, but not for factual reasons as to how the accident occurred, but instead for medical reasons; the insurance company is saying she isn't as injured as badly as her doctor says.

If there was a dispute as to the accident, it probably woudn't have mattered that there were no photos.  Typically your own words, if not opposed by someone else, are enough to win a case.  We will usually tell clients that it's a good idea to take photos when relevant, but it's not often the reason a case is won or lost.

In this case the case depends on medical opinion, not how the accident occurred.  The photos might help, but it's not likely.

We are anal so we probably would have had photos taken and used them at trial.  The lawyer in this case didn't ask for it and I can't say that they are doing a bad job.

For your own purposes, if you can document everything that has happened in a journal it might help your memory if you do ever go to trial.  Photos are good too, but most of these things aren't as important as good medical records which means that your doctor has documented your complaints properly and you have given a consistent and honest statement about your injury.

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

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A reader looking for a Glenview workers compensation attorney asks:

I have a question about workers compensation and missing work for
physical therapy.     I fell at work and developed a knee injuty.   My job set up worker's compensation insurance and all medical bills and physical therapy was paid for.

However, I had difficulty scheduling early and late appointments with
the physical therapist, so there were 4 occasions where I arrived at
work a half hour late after physical therapy.   My question is, can my
employer dock my vacation or emergency time for this?  

We get this question or something similar to it all of the time.  The answer typically depends on whether or not you can do physical therapy or go to your doctor at times other than during work hours. 

Years ago I had to do physical therapy for a leg injury.  I was living in Lincoln Park and there was a place open until 8 p.m. at night right by where I lived.  I would have preferred to get PT done during the day and not have to deal with this after work, but the reality was that I had an option.

If you are an injured worker, the question is can you see a medical provider outside of work hours or not.  If you can't then you shouldn't be punished for being late or missing work.  On the other hand, if you are going during work hours as a matter of convenience, then you are just out of luck.

Hopefully that's clear, if not let us know.  Either way, just make sure to communicate these things with your 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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In case you didn't hear, the Illinois legislature re-wrote the Illinois workers' compensation laws the other day.

The biggest question we've been getting is, "How will this effect my case?"  The answer is that it most likely won't at all because changes that workers should care about only apply to injuries as of September 1, 2011.

That said, there are some important things to know:

One major change is how you choose your doctors after you’ve been injured in a work-related accident. Previously, you were able to consult two physicians of your choosing, as well as physicians to whom they referred you. The new law establishes a physicians’ preferred provider network for workers’ compensation cases. If your employer is utilizing the network, then your choice of two doctors has to be in-network. There are some exceptions, but for the most part full choice of physicians is no longer part of receiving benefits for workers’ compensation claims in Illinois.

 

The new laws also reduce the amounts of benefits workers can receive in several different areas. One significant reduction concerns carpal tunnel injuries. Carpal tunnel syndrome is a repetitive stress injury that many workers have to face. Benefits are based on a partial loss of the use of the hand. These benefits are now capped at 15% loss, over a shorter period of time. In very significant cases, the percentage of the loss can be up to 30%. But in an event, carpal tunnel injuries now carry less compensation than they did before.

 

Another reduction in benefits for workers is for lost wages that are the result of a work accident. Previously you could be compensated over your lifetime for the “wage differential”—the reduced amount you are able to earn at work. Under the new law, the wage differential benefits end the later of your 67^th birthday or 5 years after the claim.

 

There will also be differences after the new law, when assessing the nature of a permanent work injury. No longer will the subjective testimony of the injured worker be weighed in the process. Instead, specific objective measures will be looked at to determine extent of the permanent partial disability.

 

Workers will face a new hurdle when a work accident involves alcohol use. Workers will not receive benefits for these injuries unless they can prove that the injury was not caused by the alcohol, and that they were not so intoxicated that it couldn’t be considered a work incident any longer.

 

Along with the extra hurdles and limits on benefits that workers will have to endure under the new workers’ compensation laws, medical providers will also be taking cut according to the new medical fee schedule. Among other changes, the new payment structures amount to a 30% reduction in fees.

 

While the new workers’ compensation laws were called “reforms” by many, unfortunately to workers’ filing claims many of the changes will hardly feel like a positive transformation of the system. It remains more critical than ever to be sure to have a lawyer working for you that knows how to get for you all the benefits you are entitled to under the system. Feel free to contact us (click the contact link on the top of this page) and well will be happy to discuss this with you further.  But again, don't worry about a thing if you have a case that started before this legislation goes in to effect.

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

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If you have anything more than a minor injury, handling a case on your own is a terrible idea.  This is especially true if your case is disputed in any way.  A close 2nd in the bad idea department is shown by a call I just had.

A woman called me for her friend who had torn his rotator cuff on the job in Glenview.  I'll talk to anyone for free, any time, about any issue and was happy to talk to her.  During the conversation I learned that the case was being disputed over a pre-existing condition and there were other issues such as unpaid wages and a failure to accommodate restrictions.

The caller wasn't asking me normal questions though.  She seem more inclined to tell her friend how to handle it himself.  I explained what a bad idea was as taking a case to trial is not something you learn on the fly.  She finally admitted that she was an attorney herself and was hoping to handle the case for her friend.  Problem is that despite all of her experience, she had never actually handled a case before involving a work injury.

It got worse in that she asked my thoughts on sending a nasty letter to the employer.  That would be a terrible idea because her friend wants to go back to work someday with this employer and either way, it's the insurance company that controls the case.  She hadn't thought of that and almost blew everything for her friend.

We'd like to think that if you come to us for representation, you will get someone on your side that knows what they are doing.  There are also a bunch of other really good law workers' compensation law firms in Illinois not affiliated with us in any way.  But if your attorney doesn't have a track record to point to, it means they are basically practicing on your case.  Even if the attorney is a friend, you should never accept that and quite honestly, a good friend would never do 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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The powers that be are trying to "reform" the Illinois workers' compensation system by gutting many of the rights that injured Illinois workers have.  There have been various proposals out there and some of these alleged reforms include denying you the right to see a doctor of your own choice and drastically cutting what your case is worth. 

This is all happening even though filed claims in Illinois are down by approximately 40% from a few years ago. 

That said, it's important that if you are hurt that you immediately file a case.  By that I mean actually filing a claim formally at the Illinois Workers' Compensation Commission by completing an application for adjustment of claim.

The reason I suggest this is that there are rumors out there that some of the changes being proposed will be effective immediately and could apply to cases that have not yet been filed even if your case has been accepted.  The biggest rumor applies to wage differential benefits where there is a proposal to end benefits at age 67 regardless if you were planning on working longer than that time.

We have relationships with great work comp attorneys everywhere in Illinois so if you need to get a case filed or just have any questions, call me directly 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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One of the harsh realities of getting hurt, is that it’s going to cost you money.  Whether it’s medical bills to recover from your injury, or lost wages at work during the recovery time, your wallet may feel the pain.  But the workers’ compensation system in Illinois is designed to help you recover both your health and your money if you were injured on the job.

What it is:

Illinois workers are entitled to compensation for medical bills and lost wages, according to the workers’ compensation system.  Most work-related injuries are covered, whether they happened from a one-time accident, or over the course of many hours on the job. 

In most injury cases, if you want to recover damages, you would file a lawsuit, where you would have to prove that your injury was someone else’s fault.  In workers’ compensation cases, you file a workers’ compensation claim instead of a lawsuit.  Your claim is for your medical bills and lost wages, which you should be able to recover regardless of whether someone else was responsible for your injury.

In exchange for the relative ease receiving benefits under the workers’ compensation system, you usually give up the right to file a lawsuit against your employer for any part they may have played in your injury.

How you get started:

There are deadlines for getting your claim started that you want to be sure not to miss.  One deadline involves notifying your employer, which must be done within 45 days of your injury.  The second deadlines, is the statute of limitations time period.  Your claim must be filed with the Illinois Workers’ Compensation Commission within three years of the date of your injury.  The Commission oversees and hears the cases of injured workers.

Some of these dates for notice and filing can actually be more complicated to calculate than they may at first seem.  For example, if you have a back injury that developed over a course of many months of lifting boxes, your injury doesn’t have one clear date.  You have to look at the time at which you would notice that you had an injury that was related to your work.

What you can expect to get:

Most workers’ compensation benefits fall into three main categories.  (1) medical benefits:  All of your medical bills that are reasonable and related to your recovery, including your out-of-pocket expenses, should be covered.  (2) temporary total disability benefits:  While you are recovering from your injury, you may receive payment for your lost wages.  The system allows for payment of 2/3 of your average weekly wage.  If you are able to work, but you’re under medical restrictions that your employer can’t accommodate, you can be compensated for this loss.  (3) permanent partial disability:  Your doctor may make a determination that additional medical treatment will not help you recover any further, and your injury is permanent.  If this is the case and you have to take a job that pays less, then you may be able to be compensated for the wage difference. 

Illinois injured workers are fortunate to be able to choose which doctor they go to for evaluation and treatment of their injuries.  This is not the case in all states.   The insurance company does, though, have the right to have your injury examined by a different doctor for an Independent Medical Exam.

How a lawyer works:

Though a workers’ compensation claim is different than a typical lawsuit, it is still highly recommended that you have an attorney handle your case.  The insurance companies are experienced at workers’ compensation matters and it is to your benefit to have an attorney with experience working to get you all the compensation you should get.

Also, workers’ compensation attorneys handle your case on a contingency fee basis, meaning you don’t have to pay an hourly fee for the work.  Generally, the lawyer gets 20% of the benefits you recover; and only if you recover benefits.

Our lawyers are highly experienced in Illinois workers’ compensation matters, and are able to help relieve the stress for you in helping you to recover your losses for your work injury.  Please contact us if you have a work injury or have any questions about workers’ compensation.

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

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Sometimes you fall down, and you’re not sure what happened—you just fell, and that’s all you know.  But if you have a fall like that at work and you want to recover Illinois workers’ compensation benefits for your injury, then it’s a good idea to get the facts that are available to explain why you fell.

To be a work injury for workers’ compensation benefits, your injury needs to arise out of your employment.  In the case of a seemingly-random fall, this means that there has to be something about the circumstances of the fall that caused or contributed to your fall and your injury.  You want to be able to answer the question:  what condition or hazard existed when I fell that would not have existed outside of work, or would not have existed for the general public?

A recent Illinois case confirmed the need to have the facts if you want to prove your case.  A school social worker fell on the stairs at school during a passing period.  He was not able to be compensated under workers’ compensation, because he had not shown that the fall happened because of anything specific to his employment. 

There were several suggestions of possible causes, some that would have been work-related and compensable.  But because these were all just suggestions, it was determined that it was too speculative to reach any conclusion.  Work-related theories for the fall were just as plausible as non-work-related causes.  The worker had not met his obligation and lost his case.

We can learn from some of the mistakes of his case.  The weather the day of his fall was snowy, and there was the possibility that the staircase was wet.  But he wasn’t sure, and there was no physical evidence of that.  If he had taken a picture of the stairs that showed them being wet, or found someone there that day who remembered that they were wet, that could have helped.

Also, he apparently told the staff at the hospital that he had just missed a step, though he didn’t remember telling that to anyone.  Perhaps in that difficult time when he was in pain, he speculated about the cause of his fall, which didn’t help him in the end.  If you have information about your injury it’s important to tell the truth about it.  But an aimless speculation is not likely to help, and can often hurt you later.

The worker may have fallen because he slipped on a wet stair, or been distracted by students in the hall, or tripped on something loose.  Likely these reasons would have entitled him to benefits.  But he could have just as likely fallen because he simply missed a step and tripped, and for this reason, without any other proof, he couldn’t win his case.  Gathering evidence to help explain the reason for your fall can make all the difference.

 

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our 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 decisions in life aren’t black or white; good or bad. There are factors to weigh on both sides of the ledger.  This holds true for deciding whether to take a settlement for your work injury, or to take your chances by going to trial to try and get more money.  Though the insurance company isn’t required to give you a settlement offer, they often do.  There are complex issues to consider in making your decision whether to accept it. 

Settlement Pros:

• The settlement amount is very fair and reasonable.  Consider all of your medical bills and other medical costs, your future lost wages, and other costs that could arise because of your injury.  Does this amount reflect the permanent state of this injury?

• You have a clear picture of what your future medical needs will be. It is important to wait until you know that your condition has improved as much as it is going to, and that you won’t need more medical treatment in the future for this injury. 

When you settle your case, it becomes permanent for this particular work injury.  If you end up needing more treatment, or your condition gets worse, you can’t go back to the insurance company and get more money once you’ve settled the case.  For example, if your condition suddenly takes a turn and you need major surgery, you will not be able to get any workers’ compensation benefits to pay for it.  The settlement amount is final. 

• You need the money now in a lump sum.  Settlements are paid in one lump sum, but an award at trial is paid out over time. 

• You need to avoid the stress of a trial.  Is your current physical or emotional state not strong enough to go through the process of a trial?  Would your health be jeopardized by it?

• Your chances of success at trial are not solid enough to take the risk.  Your lawyer will weigh your risk of coming out worse if you went to trial instead of taking the sure thing.  A settlement is certain, a trial outcome is not—but how risky is your particular case?  How solid is the evidence you have to present at trial?

 Settlement Cons:

• The amount being offered is not enough to fully compensate you for your loss.  If the settlement doesn’t go far enough to pay for your medical bills and costs, your lost wages, and your future losses, you may want to go to trial. 

• You want to leave open the future possibility of needing more money.   If you go trial, your case does not become final like it does when you take a settlement.  If your condition gets worse or you need more treatment, you can go back to court and ask for more money to cover the cost.  How certain are you about the future of your condition? 

• You can appeal an award at trial.  When you settle a case, you have no rights to appeal the amount, but a decision at trial has the opportunity for appeal.

• There is the possibility of more money from a decision after a trial.  You and your attorney can weigh the risks of your case, and you can decide whether the risk of losing at trial is low enough that it may be worth the chance of coming out with more money than a settlement.

Our attorneys are very experienced in analyzing the pros and cons of settling work injury cases.  If you would like to discuss these issues or have any questions, please contact us.

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

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1. Get medical treatment. Your health should be your first concern. Plus, seeing a doctor right away can only help a possible workers’ compensation case. Don’t try to tough it out and risk the possibility of making your injury worse. If you get hurt at work, your medical expenses should be covered 100%, as long as they are reasonable and related to your injury. If you wait a while, the insurance company may try to claim that your injury didn’t happen at work. The longer you wait, the harder it can be to prove.
2. Notify your employer. You have 45 days to notify your employer of a work injury. Don’t wait until day 44. Reporting your injury right away starts the benefits process, and if you miss the deadline it could be a basis for denying benefits. Report the injury to your supervisor, and do it in writing.
3. Keep good records. Write everything down, including how you were injured, who witnessed the injury, when and how you notified your employer, when you saw a doctor and what the doctor said, anything the insurance company tells you, how your injury is affecting you, whether it’s getting better or worse, etc. Keeping a journal can help down the road because these cases can last a long time. It’s more reliable to rely on written records than on your memory.
4. Hire the right attorney. Find someone who focuses their practice on representing injured workers. They will be familiar with the laws, as well as the Workers’ Compensation Commission and the people who work there, including the arbitrators who might be making decisions in your case. Your attorney’s reputation and personal relationships can give you an advantage.
5. Be honest. Inconsistencies can hurt your case. Be honest from the beginning about how you were injured. When you meet with your attorney, be sure to tell them the whole story. An attorney who is fully informed is in a better position to help you. Keep them up to date on any changes in your case, including your health.

These are just the basics. If you are struggling with your claim, contact us anytime for a free review of your case.

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

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In many areas of the law, hiring a lawyer means you have to come up with the money to pay him or her first, before you can file a lawsuit to recover money you’re owed.  In workers’ compensation cases, though, lawyers work on a contingency basis, which means you don’t have to decide first whether you can afford to pay an attorney. 

A contingency fee is an arrangement where your lawyer’s fee depends on your case’s success.  Your lawyer gives up an hourly fee for working on your case, and takes a risk that you will recover money.  What the lawyer gets for a fee is based on a percentage of what you recover after your case is done.  Illinois law limits workers’ compensation contingency fees to 20% of your recovery. 

This should give workers peace of mind, knowing that they can benefit from having an attorney without worrying that if they don’t win they will be in a worse position than if they didn’t try.

In some routine situations, attorneys shouldn’t charge you at all, even if they have helped you.  For example, if there is no question about the amount of medical benefits you’re owed, you shouldn’t have to pay for an attorney to give you advice or help you out with paperwork or a phone call.  Illinois law says that some cases are so routine that lawyers should not get a fee, or should get a very nominal fee.

But where your attorney is going to have to do a lot of work on your behalf to bring you a successful outcome, you will only have to pay your limited percentage of what you get. 

Just because your attorney is getting paid from your recovery, you are still able to change attorneys if you need to.  The fee that the old and new attorneys may get is worked out, but in no event will it cost you more than if you hadn’t switched.  The 20% cap doesn’t change.

Illinois workers’ compensation law has made it possible to be able to have an experienced attorney helping you to get what you are owed for your work injury, without having to risk financial injury to get there.

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

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Each workers’ compensation case is unique, but they cycle through stages that are common among them.  

In the beginning, there is a work related injury.  This can be a single accident, or a repetitive event that develops over time.  Either way, the injury is one that is connected with performing job duties.

Now the process gets going.  Before any rights are lost, notice and time limitations need to be considered.  Your employer should be notified immediately, but in no event later than 45 days from the injury date, or when you should know that you’ve been injured on the job.

You also should get medical treatment right away, and start on the road to recovery.  Having good medical records can also make all the difference in being able to prove aspects of your case later if needed.  Your employer is responsible for paying for all of your reasonable medical treatments for this work injury, so cost shouldn’t be a barrier to getting treatment.

Likewise, seeing a lawyer for advice at this early stage can be very helpful, and won’t cost you out of your pocket.  Though hiring a lawyer is not absolutely necessary, it can make a big difference in protecting your rights and benefits, and getting you all of that you deserve.   And workers’ compensation lawyers get paid only if they recover benefits for their clients.  So your attorney won’t get paid unless you do.

The next phase of your case involves ongoing medical treatment and evaluation.   During this time, you may not be able to perform your usual job duties.  If your employer isn’t able to find you other duties that follow your doctor’s restrictions, you are entitled to temporary total disability benefits for your missed wages.

You will also likely be asked by the insurance company to go for an independent medical exam to a physician they choose.  The insurer will want to verify the diagnosis and cause of your injury.

Hopefully all is going well, and you are receiving the medical or wage benefits you are owed.  But if not, then it’s time for your lawyer to file a petition for arbitration.  An arbitrator can resolve the differences between what you should be paid and what you are being paid.

At some point in your medical treatment, your doctors will decide that you have recovered as much as you can recover from your injury.  The doctor will then release you from medical care, because you no longer need treatment.  Now that you know what the course of your recovery is, your lawyers can negotiate a settlement that is appropriate.  Taking into account your medical profile and all that was necessary for your recovery, your lawyer will work for you to get you the compensation that you are entitled to.

Lastly, if either party to an arbitration believes that the result was not appropriate, appeals can be pursued.

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

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A worker who had been injured on the job in Wheaton wanted to know what would be involved in a case to get money for his injury.  What would be involved…how does the process get started?  The question is a good one, so here’s an overview of what to expect from a workers’ compensation case in Wheaton. 

Where will I have to go?  Workers’ compensation claims can be heard in many locations throughout Illinois.  Once your case is filed, it will be assigned to an office which is closest to where you were injured.  If your injury happened outside of Illinois, then the hearing location will be closest to your home. 

So if your injury happened in DuPage County, or your home is in DuPage County and your injury happened in Indiana, then you will be going to the DuPage County Government Center in Wheaton (located at 421 N. County Farm Road, 1-500A JTK Building, Wheaton) for your hearing. 

How long do I have to decide if I want to pursue a case?  There are some time constraints involved in a workers’ compensation case.  First, there are time limits for notifying your employer.  You should report your accident to your employer immediately, but if you wait at all, it should not more than 45 days after you were injured.  Second, there are time limits for filing your claim.  This time is generally three years from the date of your injury, but there are some exceptions. 

These time limits can make the difference between pursuing your claim and possibly losing your claim forever, so it is important to check it out with an experienced attorney.

Once the case is filed, what’s next?  Once your case is filed, it is assigned to an arbitrator.  In this case, the arbitrator will be at the government center in Wheaton.  First there will be status hearings every two months.  The parties and attorneys will appear before the arbitrator and discuss what has happened in the case.  You will continue to have your case reviewed by the arbitrator at status hearings, until either a settlement is reached or the case goes to trial.  If a settlement is reached, then it is presented to the arbitrator for approval.  Otherwise, either side can request a trial during the status hearing.

How long can this process go on?  You and your attorney will have to stay on top of the progress in your case.  There are so many cases being processed by the arbitrator, that it is important to be sure your case is moving along.  It could take years, but in some situations where you need immediate answers and you can’t wait, there are emergency hearings available.  If you don’t settle and you go to trial, the arbitrator will make a decision on your case within 60 days from the end of your trial.

Who should I hire to help me?   There are many good attorneys throughout Illinois that handle work injury cases, though most that work exclusively in this area are located in Chicago.  Even though your case would be heard in Wheaton, most of the attorneys that are handling the DuPage County cases there are Chicago attorneys.  But that won’t cost you any more money in travel or other expenses.  The fees that a lawyer can charge for a work injury case are limited by Illinois law to 20% of what you recover.  

So rather than the lawyers location being a factor, it is most helpful to have a lawyer represent you that is very experienced in appearing before the DuPage County arbitrators, and who has is respected by the insurance companies. 

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our 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 hard enough to launch a come-back to your professional life after recovering from a work injury.  But when your injury makes it so you can’t do your normal job, the loss is even greater.

In a recent Illinois workers’ compensation case, a physical therapist injured her back when she was moving therapy equipment.  She set out on a course of medical treatment to try to recover from her injury, and return to work, but could not do it.  She even tried a different therapy position that would be less physically taxing, but she couldn’t do that either. 

After consulting further with her doctor, she was given a permanent work restriction of not lifting more than 10 pounds of weight.  She tried two more physical therapy jobs where she attempted to work within that restriction.  Neither of those was successful.  Between the weight restriction and her continuing back problems, she was not able to continue to work in her career as a physical therapist.

Losing your profession because of an injury can be personally devastating, but it hurts financially as well.  Fortunately workers’ compensation can provide benefits to help offset your loss, when your work injury leaves you able to work, so you’re not totally disabled, but you’ve lost your career.  Your benefit is figured as percentage loss to your whole.

What this meant to the physical therapist, was that her career loss was valued at 40% of her total work.  She could still find employment, but she had permanently lost her career because of her injury and the restrictions she was left with.

In this case there was a fairly clear history of how the injury had left her permanently unable to continue in her profession.  She had gone through all the medical steps that her insurance covered, and had tried several different job settings.  The injury and the doctor’s restriction permanently prevented her success in the business.

If you’re in a situation like this, where you can find other jobs, but it’s your career you’ve lost, you’re not without support from the Illinois workers’ compensation system.  The benefits may not bring back what you loved doing before your accident, but they can help support your loss.

 

 

 

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our 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 doesn’t specifically say illegal workers are eligible for workers’ compensation benefits, but it doesn’t say that they aren’t. The language of the law is broad, and is pretty much interpreted to mean all employees.

Legal decisions on the issue tend to allow benefits to undocumented workers because the courts don’t want to reward employers for hiring illegal workers. If employees who were working illegally weren’t eligible, employers could save money because they wouldn’t be exposed to claims from those employees.

When it comes to death benefits for an employee who was killed on the job, illegal immigrants may receive less than those who were working legally. And if the case is disputed, meaning that the employer and insurer are fighting it, then being an illegal worker may become an issue, although you may still get benefits in the end.

Our guess is that most of the time illegal workers get benefits if they are injured on the job. Obviously, many do not come forward and seek benefits because they are afraid of possible consequences. We haven’t heard of workers getting in trouble with the government because they sought worker’s comp benefits. We can’t make any promises, but that’s the general trend we’ve seen.

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

 

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If you are injured at work, the general rule is that you cannot file a lawsuit against your employer. Under the workers’ compensation system, employers are protected from lawsuits. In exchange, workers receive compensation by filing a claim, which is more efficient than a lawsuit, and fault is not an issue.

In some situations, however, a lawsuit may be appropriate. It wouldn’t be a case against your employer, but rather against a third party. Common examples are when a worker is out on a job on someone else’s property and gets hurt because of some dangerous condition; another example is when the job includes working with  machinery and an injury occurs because the machine is defective and malfunctions. In these cases, a worker might have a personal injury lawsuit against the property owner or machine manufacturer.

Third party lawsuits are similar to other injury lawsuits, where you have to prove that the other party’s negligence caused your injury and that you were harmed as a result. This is different from the filing a claim for benefits under workers’ compensation, where fault does not matter. If your employer did something that caused your injury – like not keeping the workplace clean – you would file a claim for workers’ compensation. On the flip side, if you got injured at work because you weren’t paying attention, you could still file a claim for workers’ compensation. In third-party lawsuits, fault matters.

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

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A reader asks:

I signed a contract with an attorney almost a month ago and there is still no claim number.  How long does that take?

It should be the same day or the next day, as soon as the attorney can get to the Illinois Workers' Compensation Commission.

This all sounds fishy as if the person the worker hired doesn't focus on job injuries.  It's free to file a case and takes all of two minutes once you get to the Commission.   So while I didn't talk to this worker, I'll bet a nickel that they hired someone who doesn't know what they are doing.  And they will suffer for it.

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

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The Illinois Workers’ Compensation Commission is located in Chicago. However, there are locations across the state where arbitrators hear cases and resolve disputes. After filing a claim, you will be assigned to one of these locations based on where your injury occurred. Even if your employer is in Chicago, if you were injured on a job assignment in Peoria your claim will likely be assigned there.

Location matters when it comes to hiring a workers’ compensation attorney, but you don’t necessarily need to hire an attorney near your assigned arbitration location. Instead, the important thing is to find someone who is familiar with that location. Their office doesn’t need to be in that city or town, but they should go there often enough to know the arbitrators. A lot of people end up with a Chicago attorney because it’s simply where a lot of attorneys are located, especially those who focus just on work injury cases. The key is whether they have a good reputation and relationship with the arbitrator assigned to your claim.

Other things to look for in a work injury attorney: many years of experience, a focus on workers’ compensation law, a good reputation in the legal community, excellent customer service (returning phone calls, etc.), and a willingness to take your case to trial if necessary.

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our 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 back injury can be caused by repetitive motion (twisting, lifting, bending) or from a sudden incident (car accident, fall, or other trauma). A common back injury is a herniated disc, also called a ruptured, prolapsed or bulging disc. Discs are pads of cartilage between your vertebrae that cushion your spine from stress or shocks. In addition to the causes mentioned above, discs can deteriorate as you age. Symptoms include pain or numbness in your back, or in your legs or feet. Other back injuries include sprains, strains and fractures. They range from minor, requiring just time to heal, to very serious, requiring surgery or resulting in permanent injury or paralysis.

If you injure your back at work, there are some initial steps you should take.

First, always, is to get proper medical treatment. See your doctor – your employer doesn’t get to tell you which doctor, you get to pick. Tell your doctor exactly how you hurt your back. If you were injured at work then your medical bills should be completely covered.

Second, notify your employer. You have 45 days to do this, but the sooner the better. Make sure you notify your supervisor in writing. And write things down for your own records, like what your doctor said, how you were injured and who was there when it happened, when you notified your manager or supervisor, etc.

Third, file a workers’ compensation claim. In Illinois, you are entitled to certain benefits for a work injury, including coverage of 100% of your medical bills, payment for lost wages if you have to miss work, and compensation for the permanency of your injury.  Even if you had back problems that existed before your work injury (called a “pre-existing condition”) you can still get benefits if your job made things worse. The insurance company may try to deny your claim on this basis, but an experienced workers’ compensation attorney can help.

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

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There is a lot to think about if you are injured at work in Illinois.  Here are four big things that every injured worker should know.

1.    You have to notify your employer. The law says you have 45 days to tell them about a work injury, but sooner is usually better. Waiting can give your employer a chance to argue that your injury happened outside of work. If you miss the deadline, your claim can be denied. Report your injury to your supervisor, as soon as possible, in writing.

2.    You should see your doctor right away. Don’t try to tough it out. Waiting can hurt your claim for benefits because your doctor might not be able to confidently say that your job is what caused the injury. You get to pick which doctor you see, and your medical bills should be covered 100%. And if your doctor gives you work restrictions (don’t lift anything over 10 lbs., for example), listen. Don’t shovel snow or help a friend move. Sometimes the insurance company uses surveillance to catch you doing these things.

3.    You can’t sue your employer. Workers’ comp is a tradeoff. Injured workers are entitled to compensation if they get hurt on the job (medical bills, lost wages, payment for permanent injury). It’s quicker than going through a lawsuit and it doesn’t matter who was at fault. In exchange, employers are protected against lawsuits from injured employees. You may be able to sue a third party, however, if they are negligent in causing your accident and don’t work for your company.

4.    The insurance company isn’t on your side. Throughout the claims process, you or your attorney will be dealing with your employer’s insurer. The insurance adjusters know what they’re doing; they handle claims day in and day out. Their goal is to pay out as little money as possible. So don’t take their advice on which doctors to see or whether you need an attorney. Don’t give them a statement. Don’t let them come with you to any medical appointments, and don’t give them permission to speak with your doctor about your treatment.

Your employer may tell you that you can’t get workers’ compensation (claims cost them money). If you’re told that you aren’t covered because you are an independent contractor, because there is no insurance policy, because you weren’t really working when you got hurt, or because repetitive stress injuries don’t count, get a second opinion. These are gray areas and you may very well have a valid 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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A reader told us about

I currently have a workers comp attorney but I have been waiting
almost 8 months to see the specialist to get this chromosome shot.When I call him the office takes at least 1 week to return my e-mail
 or call. If they will even return my call or e-mail. I have sent him
 the referral letters from both doctors per his request as well as
 physician notes for me to see this specialist to get the cortisone shot. Does the legal system take this long or am I just a number in my
 attorney's case load? When I call they have no idea who I am, I know
 they have 75 clients but my last name is really easy to remember since
 it's kind of a funny name. I just want to get the shot, get well, and
 close this chapter of my life. However, I want to make sure that I
 don't have to pay any of my money for the medical bills related to my
 work injury. Is this treatment typical in the legal system?

There is no set time for how long a case should take, but what is happening to this worker is wrong and not normal.   It's especially bad that his lawyer takes a week or so to respond to a call or e-mail.  I actually love e-mailing with clients because it allows for me to help them right away without disrupting anything else that is going on. 

If you are injured and not able to get medical treatment, it shouldn't take more than 2-5 months to get before an Arbitrator, especially if you have all of the necessary information.  And quite honestly, more than half of the time just having that info will solve the problem.

This case seems like the worst lazy and indifferent lawyering around.  I encourage people to work things out with their attorney when they can, but this is clearly a matter where that ship has sailed and this poor guy should find a new attorney, one that will fight for him.

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

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Your workers’ compensation case can definitely be affected by a positive drug test after your accident, but you should not automatically lose your benefits.

After a work injury in Illinois, your employer may want you to take a drug test to see whether you had any drugs or alcohol in your system. They can use a positive test to argue that you were under the influence when the accident happened, and your case should be denied.

 

Employers have even drug tested an injured employee as much as six months after an accident, and tried to cut off benefits if the test comes back positive. Though this is clearly ridiculous, knowing it’s a possibility can help prepare you. 

 

Even when the drug test is done immediately after the accident, the results do not necessarily show that the drugs were in your system at the time of the accident. Drug testing results are different from alcohol testing results.

 

If you smoked marijuana a few days before the accident, you could still test positive for drugs in your system that day, but it may not have been the cause of your accident, and you may not have been impaired at the time. You should still be entitled to benefits for your accident on Monday, even if you test positive for marijuana use from the weekend.

 

 A positive drug test can be used to deny your claim, but it shouldn’t be automatic. Your employer will still have to show that the marijuana was the cause of the accident.

 

In one case in Illinois, a worker was injured when he fell into a hole in the floor. After a positive drug test, the employer claimed that the drug impairment was the cause of the fall. But the court didn’t agree. If the hole hadn’t been there, the employee wouldn’t have been hurt. 

 

So there is no need to assume that just because you are being asked to take a drug test, that you won’t get your benefits. You can refuse to take the test. But most importantly, as with any injury, tell the truth when you’re reporting your injury, and make sure your doctor has all the facts of the accident. 

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

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For most personal injury cases, the typical attorney’s fee is 33% of what you recover. This means that when you sue someone for your injury, your attorney will get 1/3 of what you win at trial or get after settlement.

Although workers’ compensation cases are injury cases, they have different rules, and attorney fees are one of those differences. The law in Illinois limits an attorney’s fee in a couple of ways.

First of all, the amount of the fee is limited to 20%. This type of fee – where an attorney gets a percentage if you win and nothing if you lose – is called a contingency fee because it is contingent on the outcome of your case. While a typical contingency fee is 33%, it’s only 20% if your injury is work related.

A second limitation is that a contingency fee can’t be earned on routine benefits, meaning your workers’ compensation attorney won’t get 20%, or any percentage, of your checks for lost wages (TTD) or your medical payments. Although they may have gotten these benefits for you, they are entirely yours or go directly toward your medical treatment.

The 20% fee applies to situations where the attorney actually has to work to get you benefits. For example, if you have a disputed claim, where the insurance company has denied benefits, your attorney may have to go to trial to get you what you are owed. They can charge a fee on the amount they are able to get for you. Another example is when a case settles. When your attorney reaches a settlement with the insurance company, they typically charge 20% of that amount.

If you have a high-value case, the attorney might get less than 20%. The law caps an attorney’s fee at 20% of 364 weeks of permanent total disability payments.

The bottom line is that hiring a workers’ compensation attorney shouldn’t cost you anything up front, and you shouldn’t be charged if all the attorney does is get you set up with routine benefits (lost wages, medical benefits, etc.) If your attorney has to fight the insurance company for past benefits you’re owed or they settle the case for you, only then do you owe a fee.

We hear from people who decided not to hire an attorney because they didn’t want the attorney to take it all. This won’t happen. In fact, attorneys usually earn their own fee by getting a higher settlement than you would have gotten without an attorney. Even if you switch attorneys, no matter the reason, you still won’t pay more than 20%.

If you have a question about attorneys’ fees in work injury cases, or you want to know how the rules apply to your situation, give us a call.  

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




















































































































































































































































































































































































 

 

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Perhaps it's the long winter making some people grumpy, but it seems of late that I've received a lot of calls from people who are dealing with something that I just can't understand.

They have an attorney that yells at them.  Literally their lawyer screams when they ask a question and if they don't scream, they put the client down for "being so stupid."

If this is the person who is supposed to be fighting for you, I'd hate to see your enemy.  We all have bad days and I've had a few I'd like a do-over on.  But I can't imagine a scenario where I would put down the person who is depending on me.

This doesn't mean we are soft or will do whatever the client wants.  I've had disagreements with clients that think they know how a case should be handled and I know otherwise.  But I'll tell them my thoughts in an adult way and expect the same of them.

If I had a client scream at me (knock on wood, has only happened when I turned down someones case) I would probably fire them.  If you are my client and I scream at you then you should probably fire me.

What's interesting is that it happens so much that I usually can guess who the lawyer is before the caller tells me.  I hate hearing these stories as it really gives attorneys a bad name.

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

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Fresh off the Commission presses, the press release below shows some big changes happening at the Illinois Workers' Compensation Commission.  This will require some workers and lawyers to travel farther for hearings and should also change the decision making process for downstate workers in hiring a lawyer.  In other words, if you were going to hire a lawyer for Carlinville, you now better get one who is experienced before Arbitrator Tobin in  Decatur.

All of this happened because some Arbitrators were removed due to possible ethical issues.  There is no more money to hire replacements and these moves will also save money on travel and rental times.

____________________________________________________________________________

Chairman Weisz has consolidated some Downstate arbitration territories and made other changes, effective April 1st:

•	The Belleville call will be closed and consolidated in Collinsville.  Trial days will be added to the call.
•	The Carlinville call will be closed and consolidated in Springfield.
•	The Clinton call will be closed and consolidated in Decatur.
•	All Rockford cases will be heard by Arbitrator Akemann.
•	The Waukegan call will be moved to the second Friday of each month, with the next seven days as trial days. (except for November where the call will remain on the 1st Friday of the month due to Veteran's Day and Thankgiving holidays)
•	The Whittington call will be closed and consolidated in Herrin.
•	The Winchester call will be closed and consolidated in Quincy.

These changes will save travel and rental expenses, and allow fewer arbitrators to hear more cases.  Arbitrator assignments, effective April 1, appear below. 
 

Arbitrator	Territory Assignments
Akemann	Rockford
Andros	Kankakee, Wheaton
Erbacci	Waukegan
Falcioni	Joliet
Fratianni	Joliet, Ottawa
Giordano	Peoria
Holland	Danville, Galesburg, Rock Falls, Rock Island
Kinnaman	Geneva
Lee	DeKalb, Woodstock
Mathis	Bloomington, Mattoon
Nalefski	Herrin
Neal	Collinsville
O'Malley	Wheaton
Tobin	Decatur, Mt. Vernon, Urbana
White	Quincy, Springfield

Arbitrators will adopt the existing schedules for their new territories. Any partially tried cases will stay with the original arbitrator.

Revised Downstate calendars will be posted shortly. 

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

 

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Here are five things we think all injured workers should know.

1. Three categories of benefits: There are 3 main categories of benefits that you are entitled to under Illinois Workers’ Compensation law.

·        Medical Expenses—Reasonable and necessary medical expenses are required to be paid by your employer with the goal of returning you to work;

·        Weekly Wage Benefit (TTD)—Based on your doctor’s recommendation, if your medical condition necessitates your not working or returning to work light duty, you may be entitled to a weekly wage benefit. This benefit amount is based on the average weekly wage you were earning at the time of the accident;

·        Permanent Disability Benefit—When a significant period of time has elapsed without substantial improvement, you may be entitled to benefits which compensate you for the partial or complete loss of the use of your body. The Workers’ Compensation Act sets out the rate of pay for these permanent disability benefits.

 

2. All workers eligible for benefits: Whether or not you are a United States citizen or resident alien, you are entitled to receive benefits for your work injury under the Illinois Workers’ Compensation Act.

 

3. Getting started: When you are injured at work, you have some time restraints according to Illinois Workers’ Compensation law, to get your claim going.

·        Your accident should be reported to your supervisor immediately, but in no event should it be more than 45 days from the date you were injured;

·        You should expeditiously consult with a medical professional about your injury, and advise that it was work-related;

·        Workers’ Compensation claims must be filed within 3 years from the date of your accident, and 2 years from the date of your last payment of compensation, according to the Illinois statute of limitations deadlines for these claims.

 

4. Appearing at hearings: You are not necessarily required to appear at most hearings while your claim is ongoing. However, sometimes it may become beneficial to appear for a hearing before an Arbitrator to establish the benefits and amounts for your injury.

 

5. Other remedies available: Other than the claim for workers’ compensation benefits, there may be other avenues to compensation for your injury. There may be third-parties that have some responsibility regarding the accident, and that could be liable for your lost wages, future medical expenses, and pain and suffering.

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

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Governor Quinn appoints Thomas J. Tyrrell as commissioner 

Governor Quinn has appointed Thomas J. Tyrrell as commissioner, effective 2/14/11.  After completing a training program, Commissioner Tyrrell will serve as the labor member on Panel A.  Commissioner Mason will move to Panel B.

Commissioner Tyrrell holds a B.A. degree from Lewis University, and a J.D. degree from Chicago Kent College of Law.  For the past 25 years, he has worked as an attorney in private practice.  We welcome Commissioner Tyrrell to the IWCC.

posted 2/15/11

New downstate arbitration assignments announced

Chairman Weisz has reassigned territories, effective March 1st, in the southern part of the state as follows:
 

Arbitrator	New Territory
Dibble	Bloomington and Mattoon
Nalefski	Whittington/Herrin
Neal	Collinsville
Teague	Springfield,Quincy, and Winchester
Tobin	Carlinville, Decatur, and Urbana
White	Belleville and Mt. Vernon

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You go through the process of the Illinois workers’ compensation system for your work injury, and receive an award or settlement. The case at this point, closes and the decision is final. But sometimes a later aggravation of the injury can send you back to try to reopen the process and receive benefits.  

Generally, once a case is closed after a settlement has been approved by an Arbitrator, so too are your medical rights with regard to that injury. But if you can show that you have aggravated the pre-existing condition, you may be able to collect under workers’ compensation. Proving the relation between the new injury and the old accident, though, can be challenging, and it is up to you to be able to show this nexus. 

 

A recent case illustrates what not to do in this situation. A worker had received an award for his neck injury 20 years earlier, and then became symptomatic again while performing tasks at work. He reported the injury to his employer, but problems ensued at that point. 

 

The worker claimed that he had authorization in writing for treatment. But he did not save the documentation, and could not prove that fact later, as the person who sent the authorization was no longer with the company. He began receiving chiropractic treatments. However a later utilization review showed that the there were no daily records from the treatments, no records of the specific tests performed other than general statements of having performed usual tests, and no information in the medical records to show that the worker was benefiting from the many treatments. 

 

The worker, therefore, was not able to sustain his burden to show that his current symptoms were caused by his prior accident. Nor was he able to prove that the chiropractic treatments were medically necessary under the circumstances, as it related to treating the symptoms.

 

Though it is possible to reopen your case after a re-injuring of the pre-existing condition, taking the proper steps to help yourself can be critical. Documenting every step of the process, and creating and maintaining detailed records will be very helpful. Also, involving your workers’ compensation attorney at an early stage of the process can help to advise you along the way before anything is lost.

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

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After a work-related injury there is much information that is necessary and helpful in moving forward with both work and workers’ compensation benefits. After the initial treatment of your injury, there may be ongoing concerns in returning to work and returning to full functioning. In this regard, you may be asked to have an assessment called a Functional Capacity Evaluation (“FCE”). 

An FCE can be recommended by your employer or by the insurance company, case managers, physicians, or therapists. Generally a prescription from a physician is required, but any of these parties can ask for the evaluation to make determinations regarding your ability to return to work, and any future therapy or medical care that may be needed.

 

Questions will be addressed in the FCE such as:   are you able to return to work? if so, what duties will you be able/not be able to perform? will you need further rehabilitation? if so, what will that consist of?

 

Whether your job requires physical or mental demands, the FCE can be individualized to assess your specific abilities to perform the particular duties of your work. The test should be performed by an evaluator who is a therapist, trainer, or someone specifically trained and certified in administering tests of this kind. He or she will review your medical records, and then design a test that will target objective measures of your abilities to perform your job duties.

 

For example, if your job requires lifting and carrying, the evaluator will record your ability to lift, walk with weight, pull strength, etc. The results should be compared against objective benchmarks. Caution, of course, should be used by the evaluator to assess your injury without causing further damage. The whole test should be a reasonable length. 

 

After an FCE is finished, a report is generated which should include the results of the testing and a determination as to your range of physical and/or mental abilities with respect to performing your job. Specific tasks and movements to be avoided may be included, as well as other limitations and recommendations.

 

The report from an FCE may be used to tailor your employment, both in terms of timing to return to work, and duties that can be performed. It may also be used to evaluate further the workers’ compensation case, including any possible settlement offer, in light of what the FCE says regarding your present abilities and your future earning capacity. 

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

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When you are on the road to receiving benefits through workers’ compensation insurance for your work-related injury, one step in the process may be to have an Independent Medical Examination (an IME). Such an exam may be requested by your employer in order to get an expert’s opinion regarding your injury—both the nature and cause. In order to receive or continue to receive benefits, it is necessary to participate in this exam, but it is not as daunting as it may seem.

You will not have to bear the expenses of this exam. If your employer requests the IME, the costs of the exam itself and related items will be covered by the company. You should be given enough money to defray the costs of travel to and from the exam. This could be important, because if an appropriate expert is located a distance from you, you will be paid for a convenient method of travel.   You should also be given money to help cover the costs of meals during the trip. Further, your employer should reimburse you for your lost wages in attending the IME.

 

Even though you will not be paying for the exam, it still must be scheduled at a time and place that is reasonable and convenient for you. Appropriate notice of the exam should be given to you as well, so the disruption to your life is minimized.

 

Though the physician performing the IME may be a treating physician, you are not obligated to receive treatment from him or her. The purpose of the visit is to gather information which is independent of your treating physician’s regarding your injury. The IME will likely consist of answering questions, reviewing your medical records and history, and having further medical tests. Through this process, the IME physician may look for information regarding the initial cause of the injury, and whether it was related to your employment. The physician may also make a determination as to the current state of your injury and the prognosis for future recovery. 

 

The insurance company may use the results of the IME to derive the amount of benefits to be paid and the amount of any settlement offer. You will be entitled to receive a timely report, however, of the findings of the IME, just as your employer will.

 

If you are sent a notice for an IME, it is best to speak with your workers’ compensation attorney. Compliance with the IME may seem arduous, but it is both legally necessary, and can help speed up the progress of your claim, so you can continue on the road to receiving benefits for your injury.  If you blow off this exam your benefits will be suspended.

 

Most of the doctors who perform these exams are honest, but some are for lack of a better term, whores.  Your job is to be honest, don't exaggerate your problem and answer questions.  It is your lawyer's job to prepare you for this exam and you should never go to one, if possible, without at least knowing what to expect.

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

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So your driveway and sidewalks are covered with two feet of snow.  You need to clear a pathway for the mailman and clear the driveway so you can get your car out of the garage.  If you don't you won't be able to go to the store, take your kids to school, etc. 

But there is one problem.

You are on workers' compensation for a back injury and have strict orders to not do any lifting or anything else that could put pressure on your back (and this would apply to someone with a leg, hand or arm injury too).  You've been feeling a little better of late and if you don't do it no one else will. 

I always tell clients to just be honest.  Part of being honest is telling your doctor everything you've done and the pain you experience doing it.  If you can't lift a bucket at work, you probably can't shovel yourself out of the mess we are in.

The risk is that you hurt yourself and make the injury worse and that could result in your benefits being cut off.  If you are dealing with a major injury, don't be surprised if the insurance company is performing surveillance on you right now in hopes of catching you doing something that you shouldn't be able to do.

The moment they get you on tape, even if it's just for a couple of minutes, your case can completely change.  You may have been just trying to "tough it out" for a few minutes, but doing so could ultimately screw you over.

So our advice is to listen to your body and think long term.  If you need shoveling help and don't have a friend or neighbor to step up for you, go to Craigslist.com and post an ad.  You are way better off paying some kid $25 than putting your whole case and health at risk.

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

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Fresh off the Illinois Workers' Compensation Commission Presses:

New downstate arbitration assignments announced

Chairman Weisz has reassigned territories, effective March 1st, in the southern part of the state as follows:
 

Arbitrator	New Territory
Dibble	Bloomington and Mattoon
Nalefski	Whittington/Herrin
Neal	Collinsville
Teague	Springfield,Quincy, and Winchester
Tobin	Carlinville, Decatur, and Urbana
White	Belleville and Mt. Vernon

Any partially tried cases will stay with the original arbitrator. If you have any questions about the logistics of these changes, please contact Kathy Moczulewski.

_____________________________________________________________________________

For most injured workers this means nothing.  But if you weren't happy with your Arbitrator assignment, this may be a new opportunity for you.

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

 

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A caller the other day was freaked out because he thought his case was going to trial.  At the last minute, his attorney called him and allegedly said that they were still going to trial, but the injured worker did not need to be there.

News flash, just as you can't have a baseball game without a pitcher, you can't have an Illinois workers' compensation arbitration (trial) without the injured worker present.  It's simply not possible.

I'm guessing what happened is that the lawyer either wasn't honest or didn't communicate very well about what was really happening.  Most likely the attorney was going to either try and have a settlement conference or was simply continuing the case as a courtesy to the defense lawyer.

Either way, I chuckle a bit when I get these calls because while I know of many great Illinois job injury law firms, so many of them are terrible at the customer service end of being an attorney.   They are great with the case and things usually work out fine in the end, but they don't know how to speak with clients.

This caller was smart to investigate something that didn't make sense.  I encouraged him to press his lawyer for a clarification and I believe things worked out between them.  Remember, you are the client so if you aren't getting the answers you need or don't understand what you are being told, speak up!  The lawyer should be direct and honest with you and you should be the same way with them.

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

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A common question among workers who have job-related injuries is how much time they have to bring their claim under Illinois workers’ compensation law. It’s a very important question, because if you miss the time period for filing, you could lose your right to bring your case at all.

There are actually two important time periods to consider. The first, is the period to give notice to your employer that you were injured and that the injury arose out of your employment. You should notify your employer as soon as possible, but not longer than 45 days after the date you became injured and knew it was work-related. 

 

The second period is the statute of limitations period to file your claim with the Illinois Workers’ Compensation Commission. You have the longer of: two years from the last payment of compensation from your job, or three years from the date of your injury. 

 

With regard to the determination of the three-year limitations period that runs from the injury date (as well as the 45 day notice period), sometimes it’s a bit more complicated to determine the exact date of the injury. This is especially so where the injury is not a one-time accident, but rather a repetitive trauma. Generally, in this situation, the date of injury would be the point in time that a reasonable person would become aware of the causal relationship between the fact of the injury and the employment. You have to use great care with a repetitive trauma injury, that you discern the correct date, and do not let your notice or filing time lapse. Even if you continue working with your injury, the time will continue to run out. There is no relevance to the last day you were able to work, only the day that the injury and its connection to your job manifested itself.

 

When calculating the two-year limitations period that runs from the last payment of compensation, there can be pitfalls there too. What constitutes “compensation?” This could include payments such as workers’ compensation benefits, employer group insurance benefits, and wages that are not merely salary, but are related to the injury or disability. You should be wary of statements made by your employer or the insurance company about the nature of any payments, and the implications for filing your claim on time. 

 

Whether it relates to payments you received, or the date you were injured, checking out the specific facts of your situation with a good workers’ compensation attorney will help you to avoid getting locked out from bringing your claim. 

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

 

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I wrote http://www.chicagonow.com/blogs/chicagos-real-law-blog/2011/01/illinois-workers-are-about-to-get-screwed.html about the possible workers' compensation "reform" that might go down in Springfield.  If you are concerned, call your legislator.

Imagine if the insurance company could pick your doctor every time you got hurt on the job.  Do you think they'd have an incentive to pick the ones that care about healing an injured person or would they instead pick the ones that will save them money, worker be damned?

This could be an awful day for the working man.

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

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The other day, there was an article in the Chicago Tribune about Dr. Joseph Giacchino who is a pain management doctor who is accused of dispensing an unreasonably high amount of pain pills to his patients.

Now I don't know this doctor or if he is guilty or not of anything he's been accused of.  But I do know that he has treated many Illinois injured workers and if your case depended on his medical opinion it would not be a good thing for you.

My firm belief is that even for patients that received proper care from this physician, the Arbitrators at the Illinois Workers' Compensation Commission will not look at him as a credible doctor.

This happens a few times a year and often is beyond the control of the patient.  After all, you go to a doctor for help.  That said, if you suspect that your doctor is over-medicating you or you simply have concerns about your recovery, don't shy away from getting a 2nd opinion. 

In the very least you should ask your attorney what they know/think about the doctor and do research as to what most patients with similar injuries receive for pain therapy.

This doctor is accused of giving too much of highly narcotic and addictive drugs like Oxycontin.  If true he probably ruined some lives.  Even if not true, his poor reputation will probably ruin some work injury cases.

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Our policy is to help and represent good, honest people with good claims.  If we find out that you are lying, we (or any good attorney) would likely drop you.   Often defense attorneys will allege that they have good surveillance video on a client.  Our policy is to tell them if they have it, show it, and if it says what they allege we'd drop the case.  That hasn't happened yet and hopefully never will.  We are pretty good at screening potential clients.

One client we won't help is the so called career claimant.  This is the worker that files every possible injury they can, no matter how small, and looks at the Illinois workers' compensation system as a Christmas bonus.  These bad workers simply hurt the good.

The reality is that every case you file is a public record.  If an insurance company sees you file tons of cases, it will cause them to fight your current claim.  It will also give an arbitrator a reason to question your credibility.  This is  especially true if you aren't in a labor job. 

We recently got a call from a woman who had filed 15 claims before her 40th birthday, none from heavy work jobs.  She now has a serious injury and can't find anyone to take her case.  It's kind of like the boy who cried wolf.  Now she really needs help and she can't get it.

We have helped many people who have filed multiple claims.  All of their injuries were legitimate.  But our #1 piece of advice is to just be honest.  If you try to game the system it will catch up to you eventually.

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When you are hurt at work and need medical treatment, you go through all the proper steps:  you go to the doctor or hospital, follow the advice and treatment plan you are given, and you properly notify your employer so that you will receive workers’ compensation benefits.  All should be good, right?  But unfortunately in many cases there is a further complication—the utilization review.

If your employer questions the medical necessity of your treatment for the work-related injury, a utilization review organization can conduct a review of your past, present and future medical treatments related to that injury.  They will make findings as to whether your treatment is reasonable and necessary.  The Illinois Workers’ Compensation Commission, when deciding whether your employer’s insurance should be responsible for your bills, will consider the findings of the utilization review along with the other facts and information presented.

 

So what is the downside to a supposedly impartial review of your medical treatment by a neutral committee of medical professionals?  The employee can end up the loser in this process, even if the employee ultimately prevails.  Where employers and their insurance companies are involved in making decisions about what is in your best medical interest, and those decisions can affect what treatment you can afford to receive, then there can be a chilling affect on your proper medical care.

 

This can be true whether the review concerns past, present, or future treatment.  Where the treatment has not yet begun, a review that determines the treatment is not medically necessary or appropriate can cause you to not have that treatment.  Even though the determination by the utilization review organization may not be upheld by the Commission, you may not want to take the chance.   Likewise, you may avoid necessary emergency care if you know that there is a chance that some review board may opine later that the care was not appropriate and you should not be reimbursed.  You could lose important time getting help that could in fact be medically important to your health.

Even if the connection between the utilization reviews and employee healthcare may not seem readily apparent in each instance, you have to be suspect of a process that is injected into the important and trusting relationships between patients and their doctors and the decisions that come from that relationship.

 It is important to remember that you are not without recourse.  Your lawyer can file a 19b petition for an immediate hearing to resolve these issues. Other evidence can be presented to outweigh the findings of the utilization review.  Your health is far too important to let this hurdle stand in the way of getting the proper healthcare you and your physician determine is necessary.

 

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our 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 are worried about being able to afford an attorney.  That should never be a problem if you have an Illinois workers' compensation claim because our law firm and every other in Illinois only gets paid if we make a recovery for you at the end of the case.  And with very few exceptions, that fee can never exceed 20% of what has been recovered.  Yet some people still shy from leveling the playing field by getting an attorney in their corner.  Why?

Recently I was contacted by an injured worker who was getting jerked around by the insurance company.  They were unreasonably denying his medical care even though their doctor said surgery was needed.  Absolutely no basis what-so-ever and this is a really solvable problem.  We've helped on scores of cases before and explained all of this to the injured worker.

This was three months ago.  He didn't hire us and I looked on the Illinois Workers' Compensation computers, he didn't hire anyone else.  I made a follow up call and he's still dealing with the same nonsense and in a lot of pain.  He's not hiring anyone because he doesn't want to upset the insurance adjuster who "seems really nice."

Good thing happen in life when you make your own magic.  When you don't, you have no one to blame but yourself.

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our 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 common question from clients is how to handle a situation where they are being watched.  A few times a year a caller will tell me that the Government has planted a chip in their head or that Oprah watches them through the TV.  That isn't what I'm talking about with this advice.

If you think you are under surveillance as part of your injury claim, you can call the local police.   Surveillance isn't illegal, but most towns have a law that requires private investigators to register with the police in town before they start any activity.

More importantly, just be honest and don't give them a reason to spin videotaped evidence in a way that makes you look bad.  If you tell the doctor you can't lift anything and they have you on film carrying a 50 pound bag of dog food, it doesn't look so good.  In fact that can destroy your case.

This doesn't mean that you sit in your house and do nothing.  Just live your life in a normal way.  If you aren't lying to the doctor or insurance company then they can catch you doing whatever you are able to do and there shouldn't be any problems.

Finally, if you do know that you were under surveillance, let your lawyer know.  We can usually find out what company did it and subpoena copies of the tapes from 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 hear from a lot of people who have this common complaint. They try and try but they can’t seem to get in touch with their attorneys. In law school, most of us weren’t taught customer service, but I believe it’s a big part of what we do.

There are plenty of reasons behind poor client communication – busy schedules, heavy caseload, no update to report, but these are pretty much just excuses. The truth is that you deserve to be kept up to date on your case and have your questions answered in a reasonable time (not two weeks later). Attorneys have an obligation to communicate.

We’ve even heard from people who can’t remember their attorneys’ names. If any of this sounds familiar, we suggest setting up a face-to-face meeting with your attorney. If that doesn’t work, it may be time to switch attorneys, which you have the right to do.

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

 

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Not every state allows workers to choose their own workers’ compensation doctor. Illinois does. You don’t have to see a doctor chosen by your employer, even if they insist. You get to pick who treats your work injury.

Speaking of enforcing your rights, remember that if your claim is approved, your reasonable and related medical expenses will be covered 100%. This means no co-pay and no out-of-pocket expenses. Also, your employer or the insurance company can’t talk to your doctor, except to request records.

These rights are important, and protecting them is one of many reasons we recommend talking to an experienced workers’ compensation attorney about your claim. Neither the insurance company nor your employer is going to fight for your best interests. A good attorney will.

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our 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 hear about cases all too often where someone exaggerates or lies about a work injury. We screen our cases very carefully and instruct our clients to be completely honest with us from the beginning. It’s the only way we do business. It’s rare, but when we discover a client is lying, we withdraw from the case.

People lie for all sorts of reasons. Maybe they feel that their doctor isn’t listening to them, so they exaggerate their pain. Maybe they don’t want to go back to work on light duty, so they lie about the extent of their injury.  No matter the reason, it’s a terrible idea.

Not only can it be considered fraud, but it could give the insurance company a reason to stop your benefits. It can also result in a lower settlement amount. Be upfront and honest with your doctor and your attorney. Even a little white lie can hurt your credibility, and your case.

And don’t think you won’t get caught. On big cases, it’s not uncommon for private investigators to follow claimants and make sure they’re as injured they say they are. You may be asked to submit to a functional capacity examination that is designed to determine your disability level. It’s basically used by the insurance company to find out whether you’re faking it.

Honesty really is the best policy. Tell the truth about your work injury, even if you’re tempted not 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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It’s common to see a chiropractor for back pain, but if you’ve suffered a serious back or neck injury at work, you may want to see an orthopedic doctor for treatment.

We are not trying to rip on chiropractors or hand out medical advice. When we see trends in work injury claims, we want to pass them along. And in our experience, Chiropractors simply have less credibility with insurance companies, not to mention judges. Generally speaking, we believe your claim will be more successful if you are being treated by an orthopedic doctor.

If you have questions about whether this applies in your situation, feel free to give us a call.

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

 

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Every once in a while, we like to post about the three main benefits available to injured workers under Illinois’ workers’ compensation laws. The system is complex, and there is a lot of misinformation out there. Here are the basics:

100% of medical expenses. If you suffer a work related injury, you are entitled to 100% coverage of your reasonable and related medical expenses. There are no out-of-pocket expenses or co-pays. Whether the expenses are considered reasonable often depends on medical opinion.

TTD benefits. Temporary Total Disability benefits are the checks you receive from workers’ comp if you are unable to work or forced to work with restrictions. The general rule is that after three days of being unable to work due to the injury you are entitled to receive 2/3 of your average weekly wage until you recover or reach maximum improvement. The average is based on the 52 weeks prior to the injury. There is no time limit for how long you can receive TTD benefits.

Settlement permanent injury. PPD, or permanent partial disability, is for permanent injuries. It’s usually paid in the form of a settlement, meaning that you (hopefully with the assistance of an experienced attorney) negotiate with the insurance company on what your injury is worth. There are many factors, and no two settlements are alike. It depends on things such as your wages, the type of injury, how it affects your career and life, and how it affects your future. Attorneys often determine settlement value by analyzing past cases in Illinois, both settlements and court decisions.

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

 

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Only employees are entitled to receive workers’ compensation benefits from their employers under Illinois law if they are injured from their employment.  Independent contractors are responsible for their own insurance.  But how can you determine whether or not you are an independent contractor?   Even if your boss classifies you as one, it does not necessarily make it so.  The specific facts of your relationship are more important.

 

Many factors will be looked at to determine your proper status, but the major focus is on the right to control the performance of your job duties.  If you are an employee, your workday is subject to the control and supervision of your employer.  When you work, where you work, what you do at work are all decided by your employer. It is not only the end result of your work that matters, but the process you use to get to that end result.

 

On the other hand, if you are an independent contractor, your boss will be mostly interested in the results of your work, but not necessarily the manner and means used to accomplish that result.  You are likely using your own equipment or tools, making your own schedule, and deciding for yourself the details for how you are carrying out your day-to-day responsibilities. 

 

In one case, even a taxi driver who rented the taxi from the cab company, kept all his own fares, and purchased his own gas was determined to be an employee.  What governed the decision was that he was told the minimum number of passengers he was to pick up each day, and which geographic area he should stay in so that he was reachable by dispatch radio.  Here the company was in control over the methods, and therefore the driver was an employee.

 

So just because you are told you are an independent contractor, and therefore not entitled to receive workers’ compensation benefits, you don’t need to except that as the final answer.  Examining the details of your employment will help you see if you can get what you may be entitled to.

 

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No attorney can guarantee a client a result and there certainly is no such thing as the "best" lawyer for workers' compensation or any other area of law.  The best workers compensation lawyer in Rockford isn't going to be right for you if you need a work injury attorney in Peoria.

Still though, there are characteristics that can increase your chances of success.  If the attorney you are working with does workmans comp, but also DUI, divorce, bankruptcy, writes a few wills, etc., they are a jack of all trades lawyer.  They might be able to succeed for you, but when you have one shot at a case your best bet is with a lawyer who does nothing other than represent someone who is hurt on the job in Illinois.  When an attorney spreads themselves too thin they miss out on many developments, changes in the law or procedure as well as the opportunity to develop important relationships with Arbitrators, insurance adjusters and defense lawyers.  If they are on trial for two weeks in a divorce it does nothing to help their work comp clients.   Plain and simple, the right work injury attorneys for 99% of people are those who spend most if not all of their time on workers' compensation claims.

I thought of this point last week when the following memo was sent out by the Illinois Workers' Compensation Commission: 

ATTENTION ALL CLERKS AND ATTORNEY’S

NEW STATUS CALL PROCEDURES

Please be advised that starting Monday, November 1^st we are going to go back to the old 19B procedures. This means that 19B’s for that days call must be turned in no later than 12:15pm on the day of the call. They are to be placed in the box on the counter in the Arbitration Department marked 19B’s.

There will be no emails accepted for 19B’s.

19B’s can be dropped off on any day before the call but no later than 12:15 on the day of that call to make it on the listing. 19B’s will once again be posted to the internet immediately following that days call.

Now it's possible that a general practice lawyer would know of this change, but can you imagine if your benefits have been wrongly denied and you are expecting that you will get to go to trial, only to find out that the case is getting pushed back a couple of months because your law firm didn't know how to properly file a case?  I'd be livid if I were you.  That's at least two more months of no pay and many worries.

Mistakes happen all of the time.  We do it.  But missing something basic shouldn't happen.  If you see that your attorney handles every case that comes through the door, don't be surprised when you have a bumpy ride.

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

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If you have a serious injury, at some point you will likely be scheduled for a functional capacity evaluation (FCE).  It's typically a test ordered by a doctor right before they are going to discharge you from their care.  It is used to detail what restrictions you need when you return to work.

If you are an injured teacher or sit at a desk all day, a FCE probably isn't needed.  But if you are a laborer, flight attendant, mechanic, etc. and you can't lift, bend, stand or move like you used to, then a FCE is a great tool to determine what exactly you can do.

The beauty of a FCE is that it can objectively measure if you are being honest about your limitations.  You don't realize it, but during the test they will have you do the same thing over and over, but in different ways.  So part of the test measures your abilities and part of it measures your honesty.  If you are honest, the test will work out for you.  If you exaggerate what is wrong, you could screw up the whole case.

At the end of the exam you likely will be sore, tired (it usually lasts a couple hours) and will have a real idea of what you can and can't do.  As attorneys we love these tests because they lend great credibility to what our clients tell 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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Step #1, always, is to get medical attention for your injury. Step #2 is to notify your employer. You only have 45 days to do this or it can hurt your chances of getting benefits under workers’ compensation.

We hear from people who did not report their injuries and wish they had. The reasons for not reporting an injury range from thinking the injury isn’t serious enough, to fear of getting fired, and general misinformation about workers’ compensation.

The reality is that a minor injury can worsen, and if you reported it by the deadline, you’re in a better position. If you fail to report it and then lose your job, you have even bigger problems. It is illegal for an employer to fire you for pursuing a workers’ compensation claim, and in Illinois there are laws to protect you.

Your employer is supposed to fill out a specific form. Many do not. Some companies have their own forms in place, as well. In many small companies, all of this is overlooked. Because you are required to notify your employer, we suggest putting something in writing, even if it’s an informal note. Make sure to keep a copy. The goal is to ensure that your employer can’t claim that you never told them.

Think long term. While at the moment it may seem like just a couple of doctor appointments and a few missed days, you can end up needing surgery and missing months of work. If you are approved for benefits under workers’ compensation, you can get your medical bills covered and even get checks for a portion of your wages until you 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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A Chicago workers compensation attorney (not someone we ever recommended) just quit the practice after 22 years of representing clients.  Apparently he is leaving the law practice altogether and going in to a different line of work.  This has happened with a few other successful attorneys in the last few years, most of which had a big volume of clients.  For a couple (not this most recent one), we saw their performance really slack before they threw in the towel.

There is no one test to see if your lawyer has lost his/her passion for helping clients, but here are a few warning signs:

1. Phone calls not promptly returned.

2. They yell at you.

3. They don't follow through on what they say they are going to do.

4. For no good reason the case is just dragging on.

5. They seem to take a really high number of vacations.

6. They talk down to you.

7. If you ask for an explanation of something they refuse.

These can all be bad signs.  If it's happening to you, it may be time to switch lawyers which is usually easy unless a big settlement offer has been made or you have already switched once before.  Better yet, think of things when interviewing a lawyer in the first place.

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

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A client of ours wants to quit their job because they can't stand their boss.  While we understand their position, the reality is that if they can stick it out, they should.

While you will never lose your right to medical care by quitting, if you have any restrictions and quit, you could jeopardize your ability to get TTD benefits.  The employer can simply say that they would have had a job for you had you not left.

When it comes time to settle your case, the value of your claim can be affected by whether or not you are working, especially if you have a big injury.   In fact, quiting your job could end up costing you somewhere in the six figures.

Of course some times you have to do what you have to do.  But if you can ride it out until the end of the case, you should do so.  If there is a new job opportunity available elsewhere you should at least talk to your lawyer before telling the boss where to stick his job.   It's part of thinking long term, not just for the now.

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

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A reader asks:

I've recently had a shoulder surgery and am taking prescriptions
(hydrocodone and Valium) for the pain. My employer has been able to find
light work for me, but has restricted me from driving company vehicles,
which I understand completely.

My problem is the insurance company wants me to drive my personal vehicle
to work while under the influence of these prescriptions!  I have about a
25 minute drive to work, which is in a rural area and not served by public
transportation.  I do not have a reasonable way to get work except to walk
(shuffle and stumble) 12 miles.

My physician (which requires about 30 days to get an appoint with him)
isn't willing to take me back off work, and the workman's comp
representative doesn't care how I get to work, as long as I get there. For
what its worth my physical therapist is completely outraged, but I don't
want to drag her into it and chance getting her into any trouble with the
Physician's group.

There is nothing about this issue that sounds reasonable or intelligent to
me.  I sure don't want to get into an accident on the way to work because
there isn't anyway I would be able to pass a blood test.

This is something we see a lot.  If this was our client we'd tell them a few things:

1. Let's go to the doctor and see if he will sign off on our client driving after taking the drugs the doctor  has prescribed.  Most doctors want to cover their own ass.

2. Let's see if we can get the company to provide transportation as long as he is on this medication.  It's probably safer and easier for them too.

3. This is where getting a lawyer who focuses on Illinois workers' comp and knows the adjusters and defense attorneys can help you.  Having the right attorney can truly make the difference.

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

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Here are five questions from clients of late where the answer was always no.

1. If my company goes out of business, do I lose my work comp benefits?

2. Is it true that if I was at fault for my accident I can't bring a claim?

3. My boss wants me to say I hurt myself at home and says he will pay me out of his pocket.  Is doing that a good idea?

4. The insurance adjuster denied my case because she said that when I blew out my knee while running to make a meeting my injury wasn't covered under Illinois workers' compensation laws.  Is she right?

5. The insurance company sends a nurse to all of my appointments and she talks to my doctors about my care.  She even tries to schedule my appointments around her schedule.  Do I have to allow her to attend my appointments?

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our 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 isn't a new phenomenon, but we've seen a bunch of injured workers of late who have been discouraged by their bosses after they have been injured on the job.  Generally they are told something like, "Tell the hospital you got hurt at home and I'll pay your co-pay and for your time off work."

Some workers listen to this terrible advice.  Some are worried about losing a job, some are just scared in general.  Anyone who does this though is likely screwing themselves.

If you tell the hospital you got hurt at work when it happened at work, you are lying.  If your boss goes back on his word (and trust us, they always do) then you will likely have lost your ability to win a workers' compensation case and in the least will have made it really hard on yourself.  You'll have to go before a Judge and convince then under oath that when you were lying before you didn't mean it. That's not an impossible situation, but it's very difficult.

Even if your boss does help with the initial bills, what happens when you need to be off of work for an extended period of time?  Do they have money to cover that?  Can they pay for a settlement?  If they could then they wouldn't be worried about their workers' compensation rates going up a tad from an injury.

Be smart and be honest from the beginning.  It's the best thing for your long term health and safety.

 

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our 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 #1 question we get is "What is my case worth?"  That depends on a lot of things, mostly your health.  But a major factor in to what a case is worth is also your average weekly wage.  If one worker makes $300 a week and has a torn rotator cuff and another worker makes $500 a week with the same injury, the 2nd worker will have a case that is worth more money.

Which brings us to a subject called concurrent employment.  In general, if you work more than one job and the employer of the job that leads to your work injury knows about the other job, both positions are factored in to your average weekly wage analysis.

So if you work one job making $800 a week and another making $200 a week, if you get hurt and were honest about your other job, your average weekly wage would be $1,000.00 a week.

We have a client right now with a major back injury.  His additional wages were $120 a week.  That leads to an extra $80 in TTD benefits every pay period.  That may not sound like a lot, but it makes a huge difference for him.

Like anything else, be honest and upfront and things will work out the way that they should.

 

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

 

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To quote the late, great John Belushi, nothing is over until we say it is. 

A reader asks: Had a disc fusion on c5-6 on July 1, 09. I was off for 5 months. The insurance company sent me to a I.M.E. He asked me to described my job duties to him, which was to lead a crew for a natural gas co. He said I was at " Maximum Medical Improvement" And released me with "no restrictions". My phyzatrist told me to try it out and see. I have been having problems with my neck the whole time I've been back. In May I re-aggravated my neck(at work) , and placed back on restrictions. Got hurt again in July. This time I'm off for 3 weeks.The insurance co said that this is a new injury. And that the original claim was closed when I returned to work with no restrictions.

Even if there wasn't a new injury, unless you wait too long to formally file a claim (and this person didn't), the insurance company can't tell you that your case is closed.  Only by settling your case should your case be formally closed.

This worker has a great case and deserves their case to be open.   The good news is that it will take all of five minutes to make that happen.

Moral of the story is that you don't let the insurance company dictate what is going to happen with your life.

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

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An injured worker writes:

I am 27 years old and i got hurt on the job in 2007 i have had 2 surgeries 1 was a to clean bone spurs in left shoulder and 2 was a slap repair or pec transfer my long thoracic nerve denerved also and now they sent me to school because because i am not able to do my job any more i made 31.55 hour and now they are talking settlement roughly what kind of money should i be looking at.

Now I can't tell this guy what his case is worth without seeing his medical records and knowing what type of job he can get.  But I would probably tell not to settle right now for two reasons:

1. As mentioned, we don't know how much he can earn so assuming he suffers a big wage loss, there is no way to tell exactly what the change in his earning power will be.

2. More importantly, for his health, it probably makes sense to go to trial and keep his medical rights open for life.  He likely will have future problems with his arm and if he settles his case he will not be able to get medical treatment at the insurance company's expense.  He can still get paid, but he protects his health by going to trial.

Before you settle any case I suggest that you think long term about how you would pay for medical care in five years if your problem started to act up again.  If you don't have a good answer then you probably shouldn't close out your medical rights by settling.

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

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A caller who hurt his arm on the job contacted us looking to change attorneys.  When we got in to why he was unhappy we heard a familiar story, "the case is taking too long."

But unlike most times when people call us because their attorney isn't acting fast enough, this caller had an attorney who took the case to trial and won.  The insurance company, as is their right, appealed.  Fair or not, that process can take a lot of time and cause some hardships.

Above all though, there is nothing your attorney can do to make the process go faster.  There is a time-line that is set by the Illinois Workers' Compensation Commission as to the appeal process.  Sometimes it takes six months, other times we have seen it as long as 18 months.  It sucks, but getting a new lawyer, especially after you won the trial, will do you no good.  In fact, we think it would turn off the Judges as it shows unreasonable expectations.

We don't blame you if you are frustrated about how long the appeal process can take.  But changing lawyers won't solve anything and quite frankly, we don't know of a lawyer that would take over in a case like that.

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

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I admit that we are in the heart of summer and that there are days where I'd rather be doing anything other than lawyering.  I'm sure there are surgeons, bus drivers, bankers, firemen, etc. that feel the same way.  I for one have spent a little less time in the office of late and more time with the family.

But whether it's a beautiful summer day or a freezing day in February, I recognize that I am in the service business.  If a client or potential client makes contact, it's a rare occasion when they don't speak with me immediately or within a few minutes.  When I am out of the office my messages are e-mailed to me and I call as soon as reasonably possible, usually within minutes.  If I can't call I will have another lawyer call for me.

Unfortunately not every office works that way.  I've received five calls in the last two weeks where people had hired other firms.  While the words they used to express their frustration varied, the message was always essentially the same:  "I feel like my lawyer has no time for me."

As a client you should never feel this way.  A lawyer can't be at your disposal all of the time; every attorney has more than one client.  But there is no excuse for going more than 24 hours without a return phone call, text or e-mail. 

If you can't get communication from your attorney, try one of two things:

1. Schedule a meeting with them to express your concerns and discuss your case.

or if that doesn't work.

2. Have someone you know call the office looking to speak with a lawyer about a wrongful death case.  When the phone gets handed over to the attorney you should get on the line. 

Ok, the 2nd suggestion is drastic, but it does prove a point.  If they will talk to a potential client, why don't they have time for an existing 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 always tell anyone that contacts us that the #1 thing they can do is be honest.  Well here is a warning from Pennsylvania that details what can happen if you lie about your injury.

DOYLESTOWN, Pennsylvania — A woman is accused of illegally accepting workers' compensation payments while working as a stripper.

Forty-three-year-old Christina Gamble waived a preliminary hearing scheduled for Tuesday and will face trial next month.

Prosecutors say the woman claimed she hurt her back at her waitressing job and couldn't work. A judge granted her $360 per week in benefits in October 2008.

But private investigators working for the restaurant's insurance company say they taped her dancing at C.R. Fanny's Gentlemen's Club and Sports Bar later that year.

Gamble is charged with two counts of workers' compensation fraud and one count of theft. Her phone number is unlisted.

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

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If you are injured at work, you are probably overwhelmed. How can you make sure you get benefits? Should you hire an attorney? Here are seven tips to get you started.

1.  Be honest

There are many steps and stages in an Illinois workers' compensation case, and you'll probably end up telling your story over and over again. Being honest about where and how you were injured will save you from inconsistencies that could hurt your case. Further, honesty with your attorney is absolutely necessary. If your lawyer isn't well informed, it will get in the way of their ability to represent your best interests.

2.  Report your injury right away

As soon as you are injured at work, you should report the injury to your supervisor. Not only will notification start the benefits process, but it will satisfy the 45-day notice requirement in Illinois. If you don't notify your employer of your injury within 45 days, your benefits could be denied. The best way to report your injury to your employer is in writing.

3.  See a doctor

Nothing is more important than your health. If you are hurt on the job, you may be concerned about getting in trouble. Or you may think your injury is too minor to seek medical attention. This should not stop you from seeing a doctor. In Illinois, 100% of your medical expenses are covered by workers' compensation insurance (so long as the treatment is reasonable and related to your work injury).

4.  Keep a journal

A written account of your injury is a good place to start. Write down how and when you were injured, who was there, and who was notified. Keep track of your interactions with your employer and their insurance carrier regarding your benefits. Write down any changes, whether good or bad, related to your health. You never know how long your Illinois workers' compensation case will continue, so it's a good idea to have a reliable record rather than rely on memory.

5.  Hire the right attorney

Find an attorney who only handles Illinois work injury cases. Hiring someone who dedicates his or her practice to representing injured workers is more likely to lead to success. Attorneys who focus on workers' compensation interact often with the Illinois Workers' Compensation Commission and its decision makers. As a result, they often develop personal relationships that give them a head start.

6. Communicate with your lawyer

From the beginning, tell your lawyer the complete story. After that, keep your lawyer up to date on any changes in your case, including your health. Again, the best way to do this is write everything down. If your lawyer isn't informed, then your case could suffer. Illinois has many good work injury attorneys who will do everything they can to get you benefits, but they can't succeed unless they have all the information.

7.  Don't be a tough guy

If you get hurt, get treatment. Your health should be your number one priority - don't wait around for your injury to worsen. Also, getting treatment right away will help establish that your injury happened at work (a fact insurance companies try and dispute). The more time that goes by between an injury and treatment, the easier it is for the insurance company to argue that the injury was caused outside of work.

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

 

 

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I think I posted something like this before, but just in case . . .

If you are going to trial, here are 10 tips:

1. Ask your attorney to go over your testimony and the questions he/she will ask a day in advance.  There shouldn't be surprise answers or questions.

2. Listen to the questions asked and answer only that question.

3. Speak up.

4. Don't ramble.  This will hurt you.

5. The trial will probably be just you, two attorneys, a court reporter and an Arbitrator in the room.

6. Most hearings take less than a day, often less than three hours.

7. Just tell the truth and don't embellish.  If you don't know or don't remember, don't guess the answer.

8. Dress appropriately.  That doesn't mean a suit, but no hats, shorts, low cut clothing, etc.

9. Take your time.  There is no hurry to get a case over quick. 

10. Stay calm.  The other attorney is just doing their job.  Your lawyer should prepare you for what they might ask.

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

 

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We have received a lot of client questions about social security lately.  So in no particular order, here are some tips:

1. You can receive social security benefits at the same time you are getting workers' compensation benefits.

2. If you are approved for social security that does not mean you are permanently disabled under Illinois workers' compensation laws.  The standards are way different, namely getting social security means it is anticipated you will be off work for more than one year, not necessarily forever.  Proof that you are on social security is for the most part legally irrelevant for your work comp hearing.

3. What is relevant from social security is any medical records relating to your application for benefits.  Sometimes the Government will send you to a doctor and those records can be entered in to evidence before a work comp Arbitrator.

4. When settling a case for someone who is receiving social security, it is common to use what is called "spread language."  When you are getting SS benefits, the Government will take some back if you have other sources of income.  Spread language changes your settlement contract to reflect that the settlement represents payment of a claim over your life expectancy.  You still get the money in a lump sum, it's just that the Government can't take it all back now.

5. If it is anticipated that you might go on social security benefits in the future because of your injury or even if you have just applied for them, it is important to reflect that in your settlement contract.  If you don't prove that you have considered the interests of the Government you may end up losing a ton of money.  The only surefire safe way around that is to take your case to Arbitration and get an award from the Judge.

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

 

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We have received a bunch of interesting questions lately.  So in no particular order:

The attorney I hired for a workman's comp case wants me to sign a power of attorney form giving him full power of attorney over any monies received in my case....my gut tells me don't do it.  What do you think?

We don't know who your lawyer is, but it's almost certainly nothing to worry about.  The settlement check is made payable to you and your lawyer.  This power of attorney allows them to simply sign your name to the check, deposit it in to their client trust account and then write you a new check for your portion.  The alternative option is for you to come in person and sign the check, but it makes no difference.  I can't imagine your firm won't provide you a copy of the original check and a settlement breakdown.

 I was wondering when a settlement contract has been signed, how long does the employers insurance company have to pay?  I thought there was a statute or time length. The employer signed on May 30th, I received it and returned it on June 10th. Thank you for your time.

The key date is actually when the contract is approved by an Arbitrator.  You usually get paid within 30 days of the date that happens and the approved contract is sent to the insurance company and in reality it's typically less than two weeks.  There is no law about when it has to be paid, but more than 30 days would be odd.  Insurance companies actually want to send the settlement check because once they do and it's cashed they can close their file.

My attorney said he was invited to a settlement day and wants me to come with him.  I can't find any information about what that is.

Insurance companies have a motto that a good file is a closed file.  That could also be taken to mean that a good file is a settled file.   Some insurance companies want to settle a case, but a lazy lawyer sometimes prevents that from happening.  Settlement days usually happen at the Commission and allow attorneys to discuss any case in person with an adjuster to try to end the case.  If your case is ready to settle then your attorney's request is a good sign.

 Is it true that I have to be done with treatment for six months before I can get a settlement?

No, but it's often a good idea to wait at least a couple of months after you are done treating before you settle.  Once you settle the case is done forever.  Better to settle too late than too soon.

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our 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 tells us:

 I injured my back at work  and my case has now been ongoing for 20 months. I hired an attorney shortly after the injury to protect MY interests. My case has been before arbitration 2 times (the 3rd time will be in one week), and each time my attorney has had me wait in the lobby until it was over. Is this normal, or should I be in the room during arbitration?

Every case is different, but an Arbitration of an Illinois workers' compensation case can not take place without the most important person.  YOU!  Sure you need an Arbitrator and a court reporter, but if you aren't there then there is no Arbitration.

What is probably happening is the lawyers are either: doing a pre-trial which is where they tell the Arbitrator what they think the evidence will show if the case goes to trial.  We do this to get his opinions; or the attorney did this because he isn't prepared for trial and is making it appear as if he's working hard when he's doing nothing.

There is value sometimes in having a client show up to the Workers' Compensation Commission.  Sometimes the Arbitrator wants to see you, other times it's good to have you there if we are in settlement negotiations.  But day after day we go to the Commission and see around 100 injured workers, most of whom don't need to be there.  One firm we know seems to have every client show up when the cases are set for trial even though the lawyer knows he won't be proceeding.  It's unprofessional and actually makes the lawyer look bad.

If you aren't getting benefits and have a lawyer, ask them what they need to do to be prepared for a hearing and ask how long that will take.  Then tell them to get the case ready and to schedule your testimony.  That is the only way to actually get to Arbitration.

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our 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 insurance company can send you to a doctor of your choosing.  Did you know that your lawyer can do that too?

We try not to get involved in our client's medical care unless we have a real strong opinion about the physician they are seeing.  If their doctor is known as a bad surgeon for example, I'd tell a client before they were operated on because that is what you should do for a friend.

Some attorneys for injured workers choose at the end of the case to send their client to a doctor for an opinion as to whether or not the injury is work related.  We don't do that.  In our opinion the most credible doctor is your treating physician.  If they are in your corner, on a disputed case more often than not the Arbitrator will find for you.

We thought of this the other day when talking to a defense attorney friend.  They were dealing with a case where the petitioner's attorney sent their client to a doctor who is known as a hack.  Her firm started comparing reports of this doctor and noticed that they were all basically written the same with the same opinions.

There are "hired guns" for both workers and companies.  Most of them are known by the Arbitrators which kills their credibility.  If your attorney is sending you to one of these guys it can really hurt you.  Ask them why not go to your treating doctor who knows you and knows your medical history.  It could be the difference between winning and losing.

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

 

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Maybe it's because summer is upon us, but for some crazy reason there has been an uptick of people calling us lately that have attorneys who aren't calling them back.  These aren't lawyers that we have recommended.

I have never understood why a lawyer wouldn't call a client back.  It's the easiest thing to do.  If you don't want to talk, e-mail, have your secretary call, do something.  But the reality is, that if a client has a question you should answer it as soon as possible.  After all we are in the service industry.

Too many lawyers love the money they make, but just don't want to be bothered by clients.  There are a handful that we hear about over and over again who when they do call back, choose to scream and/or belittle their client. 

The terrible service is similar to when you go to a doctor's office and have to wait an hour beyond your appointment time.  With the doctor you are kind of stuck.  It shouldn't be that way with an attorney.

If your lawyer isn't calling you back we suggest you schedule a meeting to discuss your expectations and their willingness to meet that.   Quite frankly that should happen before you hire a lawyer.  If things improve great.  If not or if your lawyer is yelling at you or clearly not in your corner it is probably time to move on.

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our 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 are a lot of myths about bad things that can happen or do happen if you get hurt on the job.  We've heard a bunch of that lately and here are five of the most common ones:

1. I can't get a lawyer in my area because the insurance company or my company buys them all off.  I assure you that this never happens.  It would require to many people to conspire in this, plus lawyers make more money by representing clients anyway.

2. I want punitive damages!!! This unfortunately is not available under Illinois work comp laws.

3. I can't change lawyers because there will be nothing left for me.  We encourage people to stick with their current lawyer if possible, but if you do switch it will not cost you anything.  Total lawyer fees can't exceed 20%.

4. I can't pursue a case because I had the same problem five years ago.  A pre-existing condition isn't completely irrelevant, but it's not a bar from taking on a case if your job has aggravated or accelerated that problem.

5. I want to recover millions!!! That simply doesn't happen in workers' compensation claims.  Workers' compensation does provide great benefits and decent sized settlements for most people.  But the only people who receive something in the mid six figures are severely disabled.  And except for payment of medical bills, there has never been a case in the millions in Illinois.  That is not what some people want to hear, but we are in the business of telling the truth, not blowing smoke.

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

 

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We don't claim to have all of the answers.  So we asked a workers comp lawyer in Joliet to be a guest blogger for the day.  He did some Q & A.

I was working with a wrench and slipped causing me to damage a tendon in my thumb.  I had smoked pot the night before, but wasn't in any way buzzed when this happened.  Does that hurt my claim?

It may result in a bogus reason for firing you, but as long as the marijuana didn't play a role in you getting hurt it doesn't affect your right to benefits.

My girlfriend got hurt on the job.  Her boss doesn't know that she lied on her resume about her qualifications.  Had she told the truth she wouldn't have been able to get the job where she got hurt.  Does that lie bar her from winning a case if she is caught?

It certainly will hurt her credibility on the witness stand if it comes to that, but by itself is not a basis for denying a claim.

Do I have to treat at the company clinic?

Unless a union contract says you do, you don't.  And to be honest you should always seek out independent doctors.

My claim is denied and creditors are coming after me for some of the unpaid medical bills for my case.  My lawyer said it might be two years before the case is resolved.  If I file bankruptcy will it hurt my case?

You don't need to do that.  There is a law in Illinois that says if you are pursuing a workers' compensation claim, once you tell a medical provider about the claim they are barred from trying to send you to collections while the case is active.

Is it true that you don't get paid for the first three days you miss from work after an injury?

Yes and no.  It's true, except once you've been off work for two weeks they are supposed to pay you the first three days retroactively. 

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our 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 there was a Chicago Tribune article about a doctor that was allegedly doing some illegal things.  We don't know what the truth is, but we do know that doctor has treated many injured workers in Illinois.

It's possible that every patient of that doctor was really hurt and that all of his treatment of them was honest.  But if push comes to shove, the credibility of that doctor is important.   Any defense lawyer I know would rightfully raise a big red flag if they saw that he was treating patients on a case.  That doesn't mean he has done anything wrong, it just means the accusations against him are going to likely taint him and create suspicions.

It's not just the credibility of doctors that matter.  If the only witness to your injury has been convicted of a felony, especially a crime of dishonesty, it hurts you.  If you have three brothers that work at the same factory as you and all three are off work with suspicious injuries, it will affect your case. 

Of course no credibility is more important than your own.  If you give inconsistent statements to your doctors you have trouble.  If they do surveillance on you and catch you playing basketball when you are off work with a knee injury, you look bad even if you were just testing the knee because it felt good that day.  And if you just don't testify well or exaggerate it's going to cause problems.

Credibility matters, especially when you have injuries that are harder to prove like RSD or fibromyalgia or when there is a dispute of the condition of your injury.  And beyond that, honesty matters and usually results in the right thing happening on a claim.

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

 

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We received that request the other day.  The potential client speaks limited English and is much more comfortable in their native Serbian tongue.  No worries, we know competent, experienced Illinois workers comp lawyers that speak Serbian, Croatian, Polish, Spanish, Bulgarian, Chinese, Greek, Estonian, French and probably 20 other languages (English too!).

The point of this is that you don't want to ever hire a lawyer just because they speak your language.  If they have no experience with work injury cases then they are not the right Illinois injury lawyer for you.  Same would be true if you were getting a divorce, arrested for a DUI or anything else.  The experience of the lawyer is always #1 in our book in deciding who is best for a potential client.  Being able to communicate with you is very important too, but a lawyer who speaks your language but has never tried a case isn't going to do you much good. 

Think of it this way.  If they don't have the experience then they essentially don't have the language skills.  Because if they don't know what the Judge wants to hear or what the rules are then it's really just a foreign language to them.

One secret of lawyers is that we don't know how to handle everything you call us about.  The best divorce attorney would be lost at the Illinois Workers' Compensation Commission.  I couldn't tell you how to fill out bankruptcy paperwork and I'm in my 14th year as an attorney.

The good news is that for work comp and most areas of law there are good, experienced attorneys who also speak the language you want to speak.  If you need a name of one 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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By far the #1 thing to do if you are hurt on the job is to seek medical treatment.  There is nothing more important in this world than your health and nothing is a close second.

In recent weeks we've had a couple of calls from people that are calling an attorney before they've been to the doctor.  That always concerns me.  One caller doesn't have health insurance and wanted to make sure his treatment would be covered.  I can understand that and that is a client I'd be happy to represent if they had a legitimate injury.

Two callers though hadn't been to the doctor before they called me and their first question was how much is my case worth?  If you read our blog you will see that we preach being honest and that we only go after legitimate claims.  Maybe these guys are hurt, but they are not the type of clients I want to represent.  Those types of clients seem to be the ones that exaggerate their symptoms or generally just don't cooperate. 

There are plenty of lawyers out there for these workers.  Just not 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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A caller was going over the problems that he's been having with his lawyer.  It's a major injury which has resulted in numerous surgeries and for some reason hasn't ended up in court yet.  The client not only has had back surgery, but also has a recommendation for shoulder surgery.

Apparently the attorney who is handling the case has spent around $15,000 on the case, mostly on depositions.  That is an incredibly high amount, but it will happen in maybe one out of every 500 work comp cases.

The attorney, when learning that the back surgeon suggested a shoulder surgery, got upset because "I can't afford your case any more."  He went on to tell the client to delay the surgery and any treatment for now, not because it was in the best interest of the client, but because it was in the best interests of the lawyer.

If your attorney is ever making decisions that aren't based on your needs you should run.

By the way, in most Illinois workers' compensation claims the expenses involved in the case are under $100.  If you have to take the deposition of a couple of doctors then the expenses can get to around $2,500 when you add in court reporter fees.  No firm I know of, good or bad, asks the client to pay for the expenses up front. It's just part of running a law firm.  We get reimburses our expenses when the case is over.  If your attorney asks you to front the expenses either they are going broke or they don't think much of your case.

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

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Recently a caller with an uncontested Illinois workers' compensation claim was worried that her TTD benefits would get cut off because she could not participate in physical therapy as was recommended by her doctor.  Her reason for not participating was quite a good one; she has been diagnosed with cancer and is undergoing chemotherapy.

Typically your failure to cooperate with reasonable medical treatment will result in your benefits being suspended or terminated.  You can't just refuse to do it or go on vacation for a month.  But if you have something that is beyond your control come up like cancer then there is case law that says your benefits should continue.

In general your employer "takes you as they find you."   That means that if you are 350 pounds and your doctor says your weight is preventing you from recovering from a back injury that's not going to hurt your case.  If you have occasional seizures and have one when working on a scaffold causing you to crash to the ground, the seizure problem doesn't bar you from benefits (because your job had you working in a risky position). 

And if you get cancer during a work injury that prevents a return to health for your work injury too, the law is on your side and will protect you as you deal with a much more serious issue.

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our 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 readers asks:

I had an eye injury while on the job.  It was a workman's comp case and the case was settled.  I
have been back to work for several years now but I've had four surgeries since the settlement and it's possible that I might lose my eye-site in the eye that was injured (it was fine for a couple years
but this is no longer the case).  Because I "settled" my case, am I able to reopen it or sue again if
my condition worsens or I lose some or all of my eye sight?
 

This person is probably out of luck because it doesn't sound like they have had a recent new injury or aggravation of the pre-existing condition.  Once you settle a case you almost always close out your medical rights as relates to that injury.  If you wake up one day with a problem then it's not a work comp issue unless your job has somehow aggravated that pre-existing condition.

Here is an easy example.  Client of ours had back surgery from a job injury and settled his case.  Five years later on the job he slipped in a puddle of water and now had to have a back fusion.  Because his pre-existing condition was aggravated we were able to win benefits for him.

On the flip side, had he hurt himself at home or just woken up with back pain that was not made worse by his job there would have been nothing we could do.

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

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Any good Illinois workers' compensation attorney will tell you that the insurance company will do whatever they can to come up with a reason to deny your benefits.  One of the common tactics is to give you a drug screen after you are hurt.

A drug screen is only relevant to a job injury if you are actually high on drugs when you get in to an accident.  If you smoke pot on Saturday night and get in to an accident on Tuesday lifting boxes, the drug use has no meaning.

We recently got a call from a factory worker who has both carpal tunnel and cubital tunnel syndrome from working a repetitive duty job.  He failed his drug screen and the insurance adjuster told him that he isn't eligible for benefits as a result.  That is 100% false.  Here is a guy that does the same thing every day using his hands and arms.  Even if he snorted cocaine every night it wouldn't change the fact that for eight hours every day he did the same motions with his upper body.

This is just another myth that you should ignore.  We of course don't encourage you to be high while working.  But what you do in your free time away from the job shouldn't change your rights to benefits from a job 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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Got a call from someone who is nervous about their lawyer.  Long story short is that he was driving a company car when he broke his leg.  A dispute has come up as to whether or not he needs surgery.  His doctor says yes, the insurance company IME of course says no.

When talking to his lawyer about going to trial, his attorney said that he is nervous because "The defense attorney is really tough and is going to put us through a heck of a fight."

Maybe his lawyer hates trying cases or maybe he's just trying to prep his client for the worst so when they win he'll look like a hero.  But wouldn't you rather have a lawyer that doesn't get nervous because he knows what he's doing and more importantly is honest with the client about the case and the process?

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

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A reader asks:

My doctor says I need back surgery and it is related to my job injury.  I went to an "Independent" medical examination and not only did this hack say that I didn't have an accident, but he also says I can work full duty and need no further treatment.  How can he say I didn't have an accident when I was working with hundreds of pounds of raw materials?  My doctor is a respected orthopedic surgeon.  Will the insurance company get away with this because their doctor is a crook?

The situation described is not un-common.  Your employer or their insurance company has a right to send you to a doctor of their choosing.  If they disagree with your doctor then we go to trial.  That's one way we earn our money.

We can't guarantee who the Arbitrator is going to agree with, but all things being equal, treating surgeons who have seen you multiple times are given much more credibility than a one time visit doctor who maybe spent 10 minutes with you.  The Arbitrators know who the hired guns are and who gives an honest opinion.  If you testify credibly about how you got hurt and there are no other problems in your case like surveillance or intervening injuries, things will probably go fine.

If they get an IME we just have to go through the process.  It can be frustrating to hear that, but that is why you get a good attorney in the first place.

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

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Being an Illinois workers' compensation attorney is unlike almost any other area of law.  For example, if you are getting a divorce or arrested for a crime, hiring a local attorney can pay huge dividends for you.  Most county courts have hearings for these if not daily, at least a couple of times a week.  If you are a Freeport based attorney, you are not going to drive to Rockford and back on a daily basis for cases if you can help it.  You'd probably just handle cases in Freeport.

In work injury cases they don't hold hearings in every county.  Instead, a group of counties will have hearings at one location.  For example, if you live in Galena, Freeport or Rochelle, your hearing location will be in Rockford.  And there are not hearings every day of the week, rather there are just hearings for a couple of days out of the month.

So if you are a Galena based attorney, you not only have to drive to Rockford for hearings, you most likely make a living taking on most cases that come through the door.  We strongly believe that if your attorney handles not only workers comp, but also divorce, criminal, traffic, real estate, etc., it is a bad sign.

It's not that these attorneys couldn't do a good job for you, but since you pay a maximum of 20% to whomever you hire, don't you think you give yourself a better chance of a good result by hiring someone who handles only work injury cases?

We saw this recently when a woman called us because her small town, take every case that comes through the door, attorney was trying to get her to settle her case when her doctor said that she needed another surgery.  She had hired this lawyer because he did her divorce and real estate closing.  He would have likely been fine if the case was simple, but she needed to go to trial and he was over-matched against the insurance company lawyer who handles 100% workers comp.

If you go to any hearing location for workers' compensation and do a survey of the lawyers, you will find that most of them (unlike criminal and divorce cases) are not local, but rather are bigger city attorneys that travel throughout the area doing nothing but work injury cases.  If your attorney doesn't have a large case load of work injury cases then you are probably hiring the wrong firm.

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

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Recently we were contacted by a woman who is receiving workers' compensation benefits following a shoulder surgery.  Her passion is bowling and she asked her doctor if she could try it while she recovers.  She said the surgery was not to the arm she bowls with.  The doctor said to give it a try, but don't push it.  Seems sensible to me.

Problem is that the insurance company hired a private investigator to conduct surveillance on her. While she is following doctors orders, my advice to clients is to never create a situation that could potentially give the insurance company a reason to cut off your benefits or low ball you on a settlement.  I assure you that all they are looking for a reason.

In the long run if the doctor said you could try it things will work out, but it really can create problems.  First it could force a deposition of your doctor which in the end will probably mean $2,000 or so less in your pocket.  Second it could lead to weeks or months without benefits. 

Surveillance is legal and it happens on cases with big injuries or when you have been off work for a while.  Before an insurance company writes a big settlement check they are going to want to make sure you are telling the truth.  If you tell your doctor you can't even lift a gallon of milk and they get you on video playing tackle football then your case is pretty much over, you risk being charged with a felony for fraud and we would drop you as a client.

Just be honest and err on the side of caution.  There will be plenty of time for bowling or other activities when your case is done and you are as healthy as you can get.

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our 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 recently received some good questions that we thought would interest our readers.

My daughter was volunteering at a hospital and slipped on a wet floor which caused her to break her wrist.  Can she file for workers' compensation?

Volunteers are not covered under the Illinois Workers' Compensation Act.  However, whereas workers can't sue their employers for negligence, she could sue the hospital for a slip and fall case.

I was told that I have to give my employer notice of my injury within 45 days.  What is the best way to do that?

The best way is in writing or to fill out an accident report.  If you are worried that they will throw it out or mess around with it, the easiest way around that is to officially file your case with the Illinois Workers' Compensation Commission by filing an application for adjustment of claim.  That is the first thing a lawyer does after you hire them.

My lawyer screwed up the trial.  Why can't I find anyone that will appeal the verdict?

We don't take these over because we aren't allowed to enter in new evidence.  We can only argue based on what the other lawyer did.  Since approximately 80% of these cases don't get overturned, we would basically be doing a ton of work for a 1 in 5 chance that we might win.  Our time is better spent serving our other clients.

What are lawyer fees in work injury cases in Illinois?

20% of what is recovered.  That is State law.  Note that we nor any attorney we affiliate with takes payment of your lost time benefits or medical benefits unless it's after a long trial fight.  In 99% of our cases we get paid, we only receive payment when the case is over and we've obtained a settlement.

What's the first thing I should do after I get injured?

Beyond getting medical care, that's a good question.  Probably report it to your employer and start a journal of everything that happened, e.g. how it occurred, when, witnesses, who you told, etc.  We always prepare as if we will someday need this information.

I heard the Arbitrator my case was assigned to doesn't like injured workers.  Can I get it switched?

No, but if the facts are on your side it's probably not much to worry about.

My injuries have been healed for a while, but my lawyer said that it takes years to get a trial date.  Is that true?

Not at all.  The list of cases at the Illinois Workers' Compensation Commission are a public record.  While some cases last years for unique reasons, there are a handful of attorneys that seem to dominate the list of old cases.  We find that odd because the lawyer doesn't get paid until your case is over.  Bottom line for you is that once you are as good as you are going to get from your injury and are back working, while it might take months to get a trial, it should never take years.

My representation agreement to hire my lawyer says I am responsible for expenses.  What would the expenses be and how much can they cost?

In most cases the only expense is for subpoenaing medical records.  Those subpoenas cost $20.00 a piece.  On average the cost is around $60.00 for the whole case.  In some matters we have to pay a doctor to give an opinion that your injury is work related.  That can cost up to $1,000.  We might also have to take a deposition of that doctor which could be around $1,500.00 plus another $300.00 or so for a court reporter.  We can't speak for other firms, but our firm does not spend this type of money unless we expect to get it back by winning the case.  No credible law firm would ask a client for up front money or to pay the costs of pursuing 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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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!

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

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A recent 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.

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our 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 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.

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our 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 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.

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our 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 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.

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

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This question came 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.

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

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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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