"When is the right time to hire an Illinois workers' compensation lawyer"

"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.

Injuries driving to work in Illinois are not usually covered, but . . .

In general, if you are driving your car to work to start your day or home after a long days work, injuries that you sustain in a car accident are not covered under the Illinois Workers' Compensation Act.  There are, however, a few exceptions.

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

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

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

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

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

"I was hurt in Chicago and the union said I need to hire the attorney they recommended or I won't get benefits. Is that true?"

A laborer asked us this question recently.  We have been surprised by the number of union workers who are told that they "have" to hire a certain attorney.

The answer is that this is not true.  Nothing about being in a union changes how a case gets handled.  Unlike employment law agreements (e.g. how many hours a week you can work, having a hearing process for firing someone, etc.), a union agreement with an employer can't change how the law is enforced.  Some employers and unions have tried to limit the benefits that members can receive and this has been thrown out of court.

Why would a union steward tell you that you have to hire a certain attorney?  A reasonable guess is that they are getting something out of it.  We are certainly aware of law firms that regularly "entertain" union officials with golf outings, tickets to sporting events, trips and even gifts.  We've heard rumors of some firms providing illegal financial kickbacks.

Some of the attorneys the union tells you that you have to hire are outstanding and others are not.  We hear from a lot of clients that they felt the attorney was more concerned about the union boss than them as an actual injured client.

There is absolutely nothing wrong with the union telling you that they think attorney X is a good lawyer or having them suggest multiple firms for you (that happens with us by the way).  But for them to tell you that you must hire a certain law firm is false and certainly implies that they are looking out for themselves, not for you.   That simply doesn't happen in strong union organizations that really care about their members.

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

Ten Illinois work comp benefits you should be aware of

If you are injured on the job, you are not filing a lawsuit, you are making a claim for benefits.  Here are the benefits you can get starting with the three most common:

Medical- No co-pays, no out of pocket expenses, no deductible for any reasonable and related medical care for your work injury.  You choose your own doctor and the insurance company or employer has no right to talk directly to your doctor's office other than to ask for copies of records or bills.

Temporary total disability (TTD)- This is 2/3 of your average weekly wage, tax free, for the time that you are authorized off work for a work injury or have restrictions that your employer can't accommodate.  There is no limit to the amount of time you can receive TTD.

Permanent partial disability (PPD)- When you are all better or as good as you can get, you are entitled to pursue a settlement or go to a trial to get a PPD award from an Arbitrator. The amount you are entitled to depends on the extent of your injury as well as your earnings before you were hurt.

Temporary partial disability (TPD)- Similar to TTD, but this is for people who can return to work, but only on a part-time basis.  You get TPD benefits to make up the difference.

Section 19(h) rights- By going to trial, if you win you will be able to receive medical treatment that relates to the work injury for the rest of your life.  This as referred to as Section 19(h) rights.

Travel expenses- While you typically don't get paid for having to go to your doctor, you should be compensated for the mileage between your house and any doctor that the insurance company chooses to send you to.

Vocational rehabilitation- If your employer can not accommodate permanent restrictions that you have, you are entitled, at their expense, for a job counselor to help you search for new work within your restrictions.  In fact, once you are off work for 120 days the Illinois Workers' Compensation Act requires your employer to begin to develop a plan to return you to work.  This plan almost never happens and is probably the most overlooked law on the work comp books.

Maintenance- This is similar to TTD benefits.  You get this when you are undergoing vocational rehabilitation.  As long as you are cooperating with vocational rehabilitation then maintenance benefits should continue.  There is no time limit for how long you can receive these benefits.

Death benefits- If an injured worker dies from a work related accident and leaves either a spouse or a dependent then those survivors are eligible for death benefits which can be as high as the TTD rate.  The benefits can continue for up to 20 years and there is a minimum of $500,000.00 that should be paid.  In addition there is an $8,000.00 benefit for burial expenses.

Advances- If you are ready for trial and the insurance company isn't, you do not have to suffer.  If they are not paying you for your time off work your attorney can ask for a PPD advance.  This often happens in cases where everyone agrees that money will be owed at the end of the case, but there is a dispute as to whether the worker should be authorized off work or not.  It's not uncommon for the insurance company to "advance" a few thousand dollars up front and then when the case is resolved take a credit for that.  In other words if they advance $3,000 now, if a year from now the case settles for $20,000.00 you will only get $17,000.00 in new money.  The advance is always tax free and there is no interest applied to that so essentially the injured worker gets more money in the end.

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

C-diff or other infections. How do you prove it's an Illinois work comp case?

We received a call a while back from a nurse at a Chicago area hospital.  She had developed a C-diff infection and was looking for a lawyer.  C-diff, like many infections, can be life threatening and is known to cause major colon damage.

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

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

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

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

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

I was robbed at gunpoint and can't sleep. Do I have a case?

Not sure what it is about September, but we've received a call similar to this question three times in recent days.  There is not a crystal clear answer, but most likely there is a case.

In an odd ruling, a Court in Illinois years ago said that one factor in deciding if this is a compensable case or not is whether or not you work in a dangerous location.  In other words, if you work in a high crime neighborhood it would certainly be a case. If you work in a nice boutique in the Gold Coast it might not be a case.  To prove this we often cite crime statistics or get a police officer to testify.

The reason for this (in our opinion it's silly) law is that you have to show something about your job led to the robbery occurring.  Being in a high crime location could be one reason.  Another reason could be that it's your job to handle money and you were the one robbed.  On the other hand, if you work in a shoe store in a nice neighborhood and just see it happen then it's probably not a case.

Even if you are in a high crime area or have a gun pointed at your head, you still need to show an injury.  Sometimes robbers will beat you up.  Sometimes having a gun pointed at you or the bad experience itself will cause a psychological injury that requires counseling.  If you get counseling or need medical treatment that will show the injury you sustained.  Be warned though that all of your counseling records can be viewed by the insurance company and attorney for the employer.

Finally, two callers have asked if they could sue because no security was provided.  Illinois employers do not have an obligation to provide security, but often do.  They don't usually do this for the employees, they do it to protect their financial investment in the store, bank, etc.

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

Illinois job accidents: Working a cash job is a risk.

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

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

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

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

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

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

My employer is closing. Do I still have an Illinois workers compensation claim?

The Arena Football League is reportedly going out of business.  One of the players who got hurt in a game, but has never formally filed his case wants to know what to do.  The answer for him is the same for any other Illinois injured worker whose employer went belly up.

Even if your employer files for bankruptcy your case doesn't go away.  Most employers have paid for insurance that covers your claim.  If they were self-insured then the Illinois Employer's Guarantee Fund will take over your case.

The short answer is that unless you were working for an employer that carried no insurance at the time you got hurt, there is really nothing to worry about as long as we get your case formally filed with the State of Illinois.  It's possible that your benefits could get delayed, but the case itself will never go away.  And that is true whether you play football, install cable lines or sit at a desk all day.

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

Another carpal tunnel win because the injured worker told his doctor what his job involved

If you are claiming that a repetitive trauma injury like carpal tunnel or anything else is work related, at some point a credible medical doctor is going to have to put in writing that your job caused, aggravated or accellerated your condition.  Typically if you get that you will win.

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

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

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

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

"I feel like my lawyer is working 3rd shift for my employer"

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

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

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

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

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

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

Theoretically you could see hundreds of doctors

A reader ask:

In Illinois how many doctors can a Injured worker see on
his or her own?If my doctor and the Work Comp doctor do not agree with
treatment can I see a second doctor of my own?

Under Illinois workers' compensation claims, you choose your own doctor.  Your employer can send you to a doctor of their choosing for a one time visit.  You are entitled to two choices of doctors, but that doesn't mean that you can only see two doctors.  Confusing?  Let me try to explain.

The reality of the law in Illinois is that you are allowed two chains of medical referrals.  If you get hurt and go to your primary doctor and that doctor sends you to an orthopedic doctor who in turn sends you for an MRI, then physical therapy, then to a pain management doctor and finally to another orthopedic doctor for a 2nd opinion, that is one chain of referrals.  If you wanted a 2nd opinion you could seek one out on your own or ask one of the doctors you have already seen for a referral.  If it's from a referral it doesn't count as a 2nd opinion because it's still part of the first referral chain.

I've probably confused you more than before, but let me tell you the key thing to remember.  If you go beyond to chains of referrals, even if it's a compensable injury, the insurance company doesn't have to pay.  If you want a 2nd opinion I always tell my clients to ask their primary doctor to make a referral for them so this doesn't become an issue.

Now back to the original question.  While this reader can get a 2nd opinion, if the case is being hurt because of the doctor the company got, I wouldn't tell her to get a 2nd opinion.  Instead, if her doctor is credible I would simply motion the case for trial and let the Arbitrator decide who to believe.  In general Arbitrators give more weight to the opinion of a treating doctor.  If the reason for wanting a 2nd opinion is to help the case, it could actually hurt the case if the new doctor agrees with the company doctor.  This case is going to go to trial anyway because once an insurance company has a doctor in their favor they usually dig in their heels.  So instead of delaying, let's get before the Judge, win your benefits and let you focus on getting better.  That's how I would handle 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.

CRPS aka RSD. Does your attorney believe in you?

Overheard a petitioner's lawyer at the Illinois Workers' Compensation Commission trying to settle a case and as part of his pitch he said, "Oh and by the way, she's got one of those b.s. RSD problems too."

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

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

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

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

What is my case worth? Illinois PPD

The following was submitted recently:

I recently was injured at work and ruptured my left distal bicep tendon. It was surgically repaired 4 days later. I don't know if I can return to my old job and do not know how much function or strength  I will regain. Am I entitled to a settlement and if so, any idea of possibly how much?

We give more free advice than any attorney we have come across, but other than saying yes that this person is entitled to a settlement although depending on the ultimate recovery it might make more sense to not settle and keep his medical rights open.  Either way, we can't tell what the case is worth until he is as good as he is going to get medically speaking and we see what type of work he can do.

Bottom line is that it's worth something, probably a lot, but as an injured worker we suggest that you first focus on your health.  We have never seen a situation where someone received more without a lawyer than they would have with one.  If you want our help with evaluating your case 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.

Illinois workers compensation: Having to wear gloves can be a case

One of the most common allergies is a reaction to latex products, most often latex gloves.  Some people develop such a severe allergy that just being around latex causes them to break-out, have trouble breathing and in the worst case scenario can cause a death.

If you work for an employer and then develop a latex injury, it is a covered workers' compensation claim in Illinois.  Your employer has a duty to take the latex exposure away from you and if they don't, they will have to pay you for your time off of work.  Either way they will have to pay for all of your medical bills related to this problem.

If you are having a latex exposure problem we strongly encourage you to get prompt medical attention, explain to your doctor (preferably an allergist) what is happening and follow their recommendations.

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

4 quick tips if you think you have a repetitive trauma injury

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.

You don't get comp for injuries to and from work, unless . . .

If you are injured on your way to to work or on the way home from the job, injuries are typically not covered under Illinois workers' compensation laws.  The exception is if you are a traveling employee.

Almost any injury involving a traveling employee is covered under the Illinois work comp Act.  In other words, if you are driving to a client site and get rear-ended then you get benefits.  If you are driving to your office and get rear-ended, while you can still sue that driver, you can't get workers' compensation help.

Being paid for travel to a job site is a strong indicator that you are a traveling employee.  In a recent case, a boilermaker died on the way home from a construction site.  Evidence that he was paid for the time spent traveling showed he was a traveling employee and was enough for his estate to win the case.

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

What happens if someone dies from a work related injury in Illinois?

This question was just raised to us by the co-worker of a young man (22) that died in a job related accident.  This unfortunate young man was not married and had no kids.  He also did not have anyone that was financially dependent upon him.  He is survived by two parents and a sibling.

In this case, because no third party was responsible for the death, the only benefits that are available are payments of his medical bills and payment for his funeral (up to $8,000).  Under Illinois workers' compensation law, when there is a wrongful death on the job, you can't sue your employer for negligence.  If there are dependents or a spouse they will receive death benefits that pay a minimum of $500,000.00.  If no spouse or dependents then there is nothing that we can do for the family.

When we get these calls we look at every possible angle to see if someone can be held responsible so please don't read this post (or any other on the site) and draw a firm conclusion about your case.

 

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

All that and a bag of chips

The Illinois Appellate Court recently ruled in favor of a Circuit City employee who hurt his shoulder in an incident with a vending machine.  The worker in this case was helping a co-worker who put money in the machine and had a bag of chips stuck in the machine.  To help the co-worker out he jarred the machine injuring his shoulder.

Now nothing about his job had to do with jarring the vending machine that was made available to both employees and the public.  But the court held that it is reasonably foreseeable that a worker would help a co-worker in this type of situation.  As a result Circuit City is on the hook for all of his lost time, medical bills and the permanent nature of his disability.  If he isn't released to full duty work, the insurance company with have to offer vocational rehabilitation because as you likely know, Circuit City is out of business.

Our take is that the Courts in Illinois aren't going to punish workers that get hurt while trying to help out.  In fact the Appellate Court even cited the Good Samaritan Law as why this worker should get benefits.

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

Easy answer

We just received a call from someone who works part time and hurt his back on the job.  His employer told him that he wasn't eligible for workers' compensation because he only worked 30 hours a week.  He asked if this is true?

No.

 

Same thing for the person that e-mailed asking if she could get benefits when she was hurt on the first day on the job.  First day, first minute you are covered.  Part time, you are  covered.

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

While writhing in pain, figure out why you slipped

Under Illinois workers' compensation laws, if you fall on stairs or on the floor, it's not automatically a compensable case.  You have to prove why you slipped.

For example, if you are walking down the stairs at work and simply miss a step and fall, resulting in a broken arm, you would likely lose your case.  You have to prove that something about your employment caused your injury.  For example, the following scenarios would likely make your case a winner:  You were running to a meeting, you slipped on a wet stair, there was some other defect in the stairs, you were carrying a box for work, etc.

Similarly, if you fall on the floor, you can't just say "I don't know why I fell" and expect to win the case.  You must show that something about your job contributed to your accident.

Always tell the truth in these situations.  Do not give the insurance adjuster a recorded statement about what happened as they may try to manipulate the situation and make it appear as if your job had nothing to do with the injury.

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

How not to hire an Illinois work injury lawyer 101

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

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

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

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

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

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

Your case can't be closed by the insurance company

We are representing a nice laborer who hurt his knee on the job, had surgery for a torn meniscus and for the most part has made a good recovery.  He's a the type of worker every company should want; doesn't make waves, works hard, shows up every day, etc.

His daughter called the insurance company and asked for a settlement offer.  Her dad would have taken whatever they presented no matter how low the offer was.  Instead the adjuster said something like, "Sorry, your case was closed and can't be re-opened.  There will be no offer."

WRONG!!!

An insurance company can't just close a case.   Now your case might be barred because of a statute of limitations problem, but some adjuster can't just one day decide to tell you that the case is over.  As they said in Animal House, "It's not over until we say it is!"

End of the story is that the case has been filed and you can bet our client who would have taken whatever was offered will be getting full value for his 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.

The simple act of standing at work doesn't mean you win your case

We were called by a cashier who has a foot injury that she and her doctor felt was caused by her being on her feet all day at work.  Unfortunately for her, this is one of the times that the Illinois Workers' Compensation law is not in favor of the worker.

The simple act of standing is not seen to put you at an "increased risk" to the general public.  Unlike someone who is on there feet and walks a few miles at work, most people stand throughout the day.  Because of that you likely will not win a case if your claim of repetitive trauma is because you have to stand all day.

There are many exceptions to this rule such as if you have to stand on uneven ground, where tight fitting shoes (e.g. steel toed boots), do excessive walking or go up and down stairs a lot.

Since every case is different if you want a free analysis from our office simply call us at (312) 346-5578.

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

Holiday party injuries are usually not covered. Unless . . .

Hopefully your company still has a holiday party.  Most of these events are volunteer occasions which means that there is no punishment if you don't attend, at least not one that is publicized.

If you are at the office party this year and slip on a wet floor twisting your knee or sustain any other injury it is only compensable under Illinois workers' compensation laws if it was mandatory that you be there.  Otherwise you have no case.

It's mandatory if there is some repercussion for not attending.  Plainly speaking that means if you are threatened with losing your job, forced to take a vacation day, not given a bonus because you didn't show up or clearly denied a promotion.  You have to have some sort of proof, not just a feeling that it's good office politics to attend.

Two things to think about:

1. If you were injured at an office party, but were there to entertain clients then you might be covered if you get hurt because that can be seen as an act of your job.

2. If you get hurt because of someones negligence you may have a personal injury lawsuit.  Usually you can't sue your employer for negligence, but this is one time when you might be able to.  And of course, if the restaurant where you got hurt caused your injury you could sue them too.

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