Why you got hurt sometimes matters

A potential client asked:

If I got sick and work and vomited and the force from the motions injured my back and am now off work needing injections in my back and MRIs is that a workmans comp case?

That’s a really good question and interesting scenario. And like many Illinois workers’ compensation questions we get, the answer is “depends.”

Just being at work and getting injured doesn’t mean you have a case. You have to show your injuries arose out of your job duties as well as that they happened in the course of your job duties. In plainer English this means that to win a case you must prove you were doing your job when the accident took place.

In this case, the client threw up, but the question is why. If it was because of the stomach flu then he has no case. That wouldn’t have been an injury that arose out of his job duties. On the other hand, if he threw up after seeing a dead body during a job investigation or from inhaling noxious fumes or after getting sick in the hospital they work in then it would likely be a case.

The bottom line is that when we discuss a case we ask probing questions as this is how you tell if you have a claim or not. But never assume that you don’t have a case because you were doing an activity that could have happened anywhere. Every case is fact specific and after listening to your unique facts, we’ll let you know what we think. We’ll never tell you what you want to hear to make you feel good, but we’ll always tell the truth

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

2/26/12

Cubital tunnel, the less common cousin of carpal tunnel

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

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

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

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

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

Even if your job duties vary you can still have a repetitive trauma claim

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

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

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

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