Workers Compensation Lawyer in Chicago, Illinois Work Injury Attorney

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 question or find the right lawyer for your situation.

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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.

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We represent a lot of people that have repetitive trauma injuries like carpal tunnel, De Quervain's tenosynovitis and herniated discs in your back or neck.  Unlike a specific accident such as slipping on a wet floor or lifting a box and feeling a pop in your back, repetitive trauma injuries don't always have a specific date that you can point to as when your problem started.  Most people notice some pain and try to work there way through it or assume it will go away.

Illinois workers' compensation law states that the accident date for repetitive trauma injuries is the date you knew or reasonably should have known that you had the injury and it was related to your job duties.  Reasonable minds can disagree on that and many injured workers in Illinois have lost their case over that issue.

If you suspect that your job may have played a role in contributing to your injury it is important that you are 100% honest with your doctor about what your job duties involve.  Doctors are there to treat the injury.  Many won't make a comment about whether or not the injury is work related unless you ask.  When you do ask be very descriptive about what your duties involve.  In other words make clear how many hours a day you type, how often you are lifting heavy objects and what they way, how many parts you move an hour on an assembly line, etc.  The more descriptive that you are the better the chance that your doctor will understand the true role your work activities played in your injury occurring.

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Over the last few years there have been numerous studies about the causes of carpal tunnel syndrome.  Some studies state that ergonomics and repetitive activity can cause carpal tunnel.  Others state that these factors have nothing to do with getting carpal tunnel and that the cause is a genetic pre-disposition to it.

Under Illinois workers' compensation law, if you job causes, aggravates OR accelerates a condition then you should receive work comp benefits.  That means that if you notice that after typing for six hours a day, five days a week for a month that your wrists hurt you should probably get benefits.

Under Illinois law your job does not have to be the only cause of your carpal tunnel, just a contributing factor.  We strongly advise our clients to give their doctors a detailed description of their job activities and how those activities have contributed to your problem.  In other words be honest and tell your doctor what you notice.  If he says your job played any role then you should win 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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