Workers Compensation Lawyer in Chicago, Illinois Work Injury Attorney

Just got notes from a seminar on the changes to Illinois workers' compensation laws that happened in June.  We have all been operating on the assumption that these laws don't go in to effect until September 1st.  That's true for most cases except for carpal tunnel claims.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Remember, even though the hearings take place at the courthouse, this is not a lawsuit.  Rather it is a claim for benefits.

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

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

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

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

4. If you have work restrictions, follow them.

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

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Every case that is filed at the Illinois Workers' Compensation Commission requires an accident date.  It's clear cut when you hurt yourself lifting a box, but if you have carpal tunnel or another repetitive problem then it's not so obvious.

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

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

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

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

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

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

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

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We recently were called by someone who needed a Rockford carpal tunnel lawyer.  He was concerned because he has been laid off and his employer wants him to sign a severance agreement that states he will forfeit the right to pursue Illinois workers' compensation benefits or any action at the Illinois Worker's Compensation Commission.

We told him to sign the document because according to Section 23 of the Illinois Workers' Compensation Act, only an approved settlement contract from an Arbitrator can cause someone to give up their work injury rights.   Since this severance was not being entered into at the Illinois Workers' Compensation Commission, we do not believe that any rights will be lost for him.

All that said, if you are offered a severance agreement and might have a work injury or any other right under Illinois or Federal law, it is extremely important that you have an attorney review that document as failure to do so could cause you to lose some rights forever.

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

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