Posted on November 26, 2011 by Mike Helfand

Wages For Professional Athletes

We have helped injured pro athletes in just about every sport.  Many of these athletes played for out of state teams, but got injured while in Illinois.  They are treated like any other worker when it comes to workers’ compensation laws although their contracts typically entitle them to a higher wage than most if they are injured during the season.

But if an athlete is injured, has their contract end and still is not cleared to return to their former job, they can get TTD benefits just like anyone else.  The catch is that if you were making $100,000 a week before you got injured, you’d go on TTD when your contract is out.  So if Brian Ulracher blows out his back on Sunday, then he will get $1,261.41 a week when his contract ends.  Over one year that is $60,000+, tax free.  To Urlacher it probably wouldn’t mean much, but to a younger player who never made “that” much it could be a life saver.

Recently I’ve been contacted by two athletes who were injured 8-10 years ago.  Neither of them filed a claim and they wanted to know if it was too late and if it wasn’t, what it was worth.  I can tell you unfortunately it was too late for both of them as neither had medical bills related to the injury paid in the last two years (so the time limit to file was blown), but if they did have a case it would be based on what they were making when they got hurt, not when they filed.

A lawyer friend of mine was contacted by a WNBA player who only makes around $40,000 for the season that runs 15 weeks from June until September.  The insurance company was arguing that the average weekly wage is around $800 because that is what she makes for an entire year.  It works in the same way for teachers.  I disagree and think the average weekly wage is closer to $2,700.00 because it’s a seasonal job (wages divided by weeks worked).  Unlike someone in the NFL or NBA, the difference for this woman or a soccer player or other lesser paying sport is huge.  If the wage is what I think it should be, her weekly benefits are much great and her case is worth much more, especially if it’s a career ending injury.

Overall, athletes are no different than garbage men, secretaries, salesmen, flight attendants or anyone else that we proudly help.  The law is all the same, you just need someone in your corner to make sure that the law is followed.

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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Posted on January 12, 2011 by Mike Helfand

Illinois workers' compensation statute of limitations

A common question among workers who have job-related injuries is how much time they have to bring their claim under Illinois workers’ compensation law. It’s a very important question, because if you miss the time period for filing, you could lose your right to bring your case at all.

There are actually two important time periods to consider. The first, is the period to give notice to your employer that you were injured and that the injury arose out of your employment. You should notify your employer as soon as possible, but not longer than 45 days after the date you became injured and knew it was work-related. 

 

The second period is the statute of limitations period to file your claim with the Illinois Workers’ Compensation Commission. You have the longer of: two years from the last payment of compensation from your job, or three years from the date of your injury. 

 

With regard to the determination of the three-year limitations period that runs from the injury date (as well as the 45 day notice period), sometimes it’s a bit more complicated to determine the exact date of the injury. This is especially so where the injury is not a one-time accident, but rather a repetitive trauma. Generally, in this situation, the date of injury would be the point in time that a reasonable person would become aware of the causal relationship between the fact of the injury and the employment. You have to use great care with a repetitive trauma injury, that you discern the correct date, and do not let your notice or filing time lapse. Even if you continue working with your injury, the time will continue to run out. There is no relevance to the last day you were able to work, only the day that the injury and its connection to your job manifested itself.

 

When calculating the two-year limitations period that runs from the last payment of compensation, there can be pitfalls there too. What constitutes “compensation?” This could include payments such as workers’ compensation benefits, employer group insurance benefits, and wages that are not merely salary, but are related to the injury or disability. You should be wary of statements made by your employer or the insurance company about the nature of any payments, and the implications for filing your claim on time. 

 

Whether it relates to payments you received, or the date you were injured, checking out the specific facts of your situation with a good workers’ compensation attorney will help you to avoid getting locked out from bringing your 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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Posted on January 28, 2010 by Mike Helfand

Illinois workers' compensation statute of limitations: The unknown exception

If you want to bring an Illinois workers' compensation claim you must do it within the later of three years from the accident date or two years from the last payment of compensation related to the claim.  Three years from the accident date is pretty clear except when you have a repetitive trauma injury.  The last payment of compensation can be trickier.

The exception to this rule that not everyone knows about is that last payment of benefits can also include health insurance so long as it is through the employer where you got hurt.  So if your employer has Blue Cross and you get insurance through that, if they have made payments in the last two years toward your work injury then it is likely not too late to file a case.

This also holds true if the workers comp insurance company has paid medical bills or TTD benefits within the last two years.

Of course you can avoid any statute of limitations defense by formally filing an application for adjustment of claim which is the paperwork filed at the Illinois Workers' Compensation Commission to formally notify your employer that you are bringing a case.   This is typically the first thing an attorney does for his clients.  You don't want to lose the ability to pursue a case because of a technicality.

 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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Posted on August 31, 2009 by Mike Helfand

Illinois statute of limitations for workers' compensation

A lot of readers ask how long they have to bring a case.  Some have only been hurt a few days ago, some are going on a few years.

The statute of limitations to bring an Illinois workers' compensation claim is the longer of three years from the accident date or two years from the last payment of compensation. 

Three years from the accident date is usually straight forward unless you have a repetitive trauma injury like a back problem from a lot of lifting over time.

Two years from the last payment of compensation includes not only workers' compensation benefits like TTD or payment of medical benefits, but also payments for medical bills related to the injury through group insurance (if obtained from your employer) or disability policy benefits (again it must be through your employer).  We have seen cases where a statute of limitation had passed, but because an insurance company paid a bill all of the sudden the case was alive again.  This is very rare and as far as we know, workers comp is the only area of Illinois law where you can miss the time limits for filing a case and then possibly get it back.

There is also a law that says you must give your employer notice of an injury within 45 days of when you knew or reasonably should have known that it might be related to a work accident.   Failure to do so can cause your case to be dismissed. 

The reality is that if you are hurt on the job you don't want to lose your right to benefits over a technicality.  By hiring an attorney this should never happen.

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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Posted on July 17, 2009 by Mike Helfand

Illinois work injuries: Am I entitled to a settlement?

We get asked this question a lot by people who have an Illinois workers' compensation claim.  The quick answer is that almost every case entitles you to some sort of settlement.  Even in the most minor of injuries an insurance company will usually offer some dollar amount to make a case go away.

We don't take "minor case" such as back strains with very little treatment or finger contusions.  But even in those cases an insurance company will offer you something.

For the cases we do take, as long as the accident is related to the job activities we always are able to get money for our clients and more importantly we protect them.  By that we mean that we never resolve a case until it's the right time, we make sure that all bills have been paid and we consider how this injury will affect them in the future.

Some people call us and say that the insurance company told them that their file was closed or that there won't be an offer. As long as you get to us before the statute of limitations expires, we can "re-open" your case and obtain appropriate compensation or other benefits for you.

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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Posted on April 15, 2009 by Mike Helfand

Just in the nick of time

Insurance companies typically make money because most people are too nice or too scared to find out their rights.

Take Jim (name changed of course) who called us today looking to find out if we could help a two year old medical bill get paid.  It turns out that on April 28, 2006 Jim blew out his knee at work and had ACL surgery.  The insurance company paid him for his time off work and paid for all of his bills except this one that had gone to collection.  When Jim called to ask them to pay the bill no one returned his call.

Jim was just going to pay the bill (almost $1,000) out of his own pocket, but as you know, times are tough.  Fortunately he called us and even more fortunate is the fact that he didn't wait much longer because come April 29th his case would have been barred forever.  Now not only will the bill get paid, but Jim is looking at around $35,000.00 for his injury.

Now I can't say for sure, but a pretty educated guess is that the insurance company new that if they could just delay Jim for a few weeks that they would be off the hook and Jim would be screwed.

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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Posted on April 9, 2009 by Mike Helfand

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.

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