"I was told that I didn't work there long enough to get a repetitive trauma injury from the job."

This was a comment from a reader who got lateral epicondylitis from working as an assembly line worker.  With no training he started a 12 hour day with heavy use of his right arm.  At the end of the 2nd day his elbow was really hurting him.  After two more days of work he went to his doctor who referred him to an orthopedic specialist that made the diagnosis.

He didn't want to risk his job, but knew that if he failed to report his injury to his boss he could forfeit his right to workers' compensation benefits in Illinois.  He told his foreman that his doctor felt the job was contributing to the problem and the foreman just blew it off saying that he didn't work there long enough to have a job injury.

Of course the foreman is wrong.  This is a legitimate injured, detailed as caused by the job from a medical doctor who specializes in treating elbow problems.  We will take on this case and get benefits for our client who now needs surgery.  Had he waited too long he likely wouldn't have been able to do the job and he would have risked eligibility for benefits.  If they let him go they will have to keep paying him benefits until he has a full duty release so they actually have a motivation to keep him on.

Moral of the story:  Don't listen to non-attorneys when determining if you have a valid case.  This is especially true if the person giving the "advice" doesn't have your best interests at heart.

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.

No juries in work comp cases in Illinois. Thank God for that!

I was assigned to jury duty today for the first time in my life.  Last night I called the juror hot-line and discovered that my service was going to be postponed for one week.  Off the hook for today, but it's a temporary reprieve.

I've been an attorney since 1997, but almost never appear before a jury because Illinois workers' compensation claims are decided by Arbitrators.  This saves time, money and helps cases move forward.  It also doesn't put the fate of a client in the hands of someone who doesn't want to be there.

I always hear about people dreading jury service and never really put much thought in to it because it never had been something I had to deal with.  But getting the jury summons and having to think about going to the jury pool when I've got 1,000 other things I'd rather do really helped me understand why people dread it.  I even googled how to get out of jury duty just out of curiosity (not that I would ever do that).  I imagine being a lawyer I won't get picked and even if I do get picked it won't be that bad

All that said, when I think of how this will interrupt my practice, I imagine that others feel the same way and would guess that there are people who do get picked that are bitter the whole time or rush a decision just so they can get home.  I would hope that I wouldn't sub-consciously do that and just make the best of it.

Either way, I'm thankful for me and my clients that their fate is decided by an Arbitrator, not a jury.  It allows us to help more people and makes cases go faster.

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 can be retired and be paid for your time off of work

A caller asks if he is entitled to TTD benefits after his upcoming back surgery.  He retired from his employer a year ago, but now needs a fusion which is related to a work injury from this employer.

Even though he is voluntarily out of the work force, if he is completely authorized off of work following the surgery, he is still entitled to benefits.  Those benefits will continue until he either gets a full duty release or a release with restrictions that the old employer could have accommodated.

The reason for all of this is just because you retire from one company does not mean that you don't want to work anywhere.  Since the work related back surgery is taking him out of the work force, he is entitled to TTD benefits.  It may be counter-intuitive, but it's the law in Illinois and that's all that 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.

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.

5 things to know if you are go trial

With the caveat that you should listen to your attorney as they likely (hopefully) know your case very well and are (hopefully) fighting for you, to us these are five things to think about if you are going to trial and will be testifying:

1. Don't embellish or tell the Judge what you think he wants to hear.  9 times out of 10 this actually hurts your case.  The facts speak for themselves and if you embellish you give the defense attorney an opportunity to pick apart your testimony.

2. Be honest.  If you don't know the answer to a question, say you don't know.  If you don't understand a question, say you don't understand.

3. Keep your answers short.  A good attorney will ask you mostly yes and no questions.  When the defense attorney is questioning you, if you volunteer too much information your words can get twisted.  If you say something that seems bad for your case it is your lawyer's job to ask questions that will clarify what you meant.

4. Dress appropriately.  This will likely be the only time the Judge ever sees you.  You don't need to be in a suit, but the first time I saw a client that hadn't showered and was wearing a hat was the last time I ever let that happen.  Impressions matter.

5. Insist on going over the questions your lawyer will ask before the trial.  You should not be surprised by any of the questions and your attorney should not be surprised by any of the answers that you give.  That won't happen if you prepare.  Your lawyer should also help you anticipate what the other side might ask.

Bonus advice is to relax.  At the trial will likely only be two attorneys, a Judge, a court reporter and you.  Your case isn't the trial of the century and if you are honest things should go fine.  Most cases are decided by what the medical records say.  Your job is to tell the story of how you got hurt.

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.