Workers Compensation Lawyer in Chicago, Illinois Work Injury Attorney

A mechanic called us because he is mad about what has happened to some co-workers.  Long story short is that whenever they have gotten injured, the employer makes them go to the company doctor before they go to a hospital or doctor of their choosing.  In more than one instance these co-workers have been told that they are fine only to later find out that they have broken bones, herniated discs, ACL tears and other serious injuries.  The caller said that the co-workers were told that if they didn't go to the company clinic first (never mind that these particular docs appear to be negligent or hired guns) that they would not be able to receive any benefits.

So do you have to see the company doctor if you are hurt at work in Illinois?

While the employer or the insurance company has a right to make you see a doctor of their choosing for a one time examination with possible follow ups depending on the exam or the stage of the case.  But you absolutely do not jeopardize your rights to benefits by seeing a doctor of your own choosing first.  In fact, in some cases it's the smart thing to do. 

For example if you break your arm and it needs to be set right away, do you wait a day so the company doc can look at it?  Hell no!  Doing that could make an injury ten times worse.

We operate by two rules: 1. Always be honest.  2. There is nothing more important that your health.  So don't let your employer stress you out.  The law 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.

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Happy Labor Day!

In response to a question from a reader, please note that every benefit you receive for workers' compensation is tax free.   Time off work payments, compensation for unpaid medical bills and any lump sum or long term payment does not need to be reported to Uncle Sam.

Sometimes people resign from their job and receive additional compensation for that through a work injury settlement.  That additional money is likely NOT tax free.

A worker can also get burned if they settle their case on a disputed basis.  Typically what will happen is the contract says "this settlement is made to purchase peace in a disputed issue."  It's very rare, but possible that the Government could say that this was not a payment for a work injury.

If you aren't sure what to do you should consult with a tax lawyer or accountant.

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 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.

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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.

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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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We can get what is called penalties and fees.   Essentially, if you are not getting your benefits and there is no good reason - such as a reasonable dispute as to the extent of your injury or how it occurred - then they can be punished.

In fact they can be punished as much as 50% of your medical bills, money for each day that TTD benefits are inappropriately denied and 20% for attorney's fees which puts more money in your pockets.

There are often legitimate reasons that cases are disputed such as an IME report.  But often insurance companies just do the wrong thing.  We are amazed that more attorneys don't take advantage of this law and take their cases to trial.  In a recent case, an insurance company had to pay more than $110,000 in penalties because of their awful behavior.

If you are getting screwed over for no reason the law is on your side.  Use it to your advantage.

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

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

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

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

Even if the Florida settlement contract says that you give up your rights to pursue cases in any other state, Illinois would not recognize that part of the contract and would still allow you to bring your case here.  And if that happens, you'd have two settlements, although the total amount would be as if you just received one.

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

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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.

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Just got off the phone with a nice woman whose husband had a piece of wood go through his leg.  This happened six months ago.  He had a surgery to remove the wood fragments and his employer's insurance company paid all of his medical bills.  He asked for a settlement and they said no because "you don't have a permanent injury."  His leg is now bothering him so he asked for more medical care.  They said no because "we closed your case."

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

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

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

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

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