Workers Compensation Lawyer in Chicago, Illinois Work Injury Attorney

Recently we were contacted by a woman who is receiving workers' compensation benefits following a shoulder surgery.  Her passion is bowling and she asked her doctor if she could try it while she recovers.  She said the surgery was not to the arm she bowls with.  The doctor said to give it a try, but don't push it.  Seems sensible to me.

Problem is that the insurance company hired a private investigator to conduct surveillance on her. While she is following doctors orders, my advice to clients is to never create a situation that could potentially give the insurance company a reason to cut off your benefits or low ball you on a settlement.  I assure you that all they are looking for a reason.

In the long run if the doctor said you could try it things will work out, but it really can create problems.  First it could force a deposition of your doctor which in the end will probably mean $2,000 or so less in your pocket.  Second it could lead to weeks or months without benefits. 

Surveillance is legal and it happens on cases with big injuries or when you have been off work for a while.  Before an insurance company writes a big settlement check they are going to want to make sure you are telling the truth.  If you tell your doctor you can't even lift a gallon of milk and they get you on video playing tackle football then your case is pretty much over, you risk being charged with a felony for fraud and we would drop you as a client.

Just be honest and err on the side of caution.  There will be plenty of time for bowling or other activities when your case is done and you are as healthy as you can get.

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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A caller recently injured his back on the job.  Similar to most clients he's a nice guy, hard worker and had never had a work injury before.  As a result he was really taken aback when the insurance adjuster called him and instead of asking how he was feeling focused on things that to his mind had nothing to do with his case.  For example: "Do you have facial hair?  Any distinguishing moles?  How about tattoos?  Long hair or short hair?  Are you overweight?"

The reason for these questions are because the not so subtle insurance adjuster is going to order surveillance on this guy to see if he's faking it or to see that even if he's hurt if they can catch him doing something that a person with a back injury shouldn't do like mow the lawn or rake leaves.  But of course those things do need to happen so unless your doctor has told you that you can't do that or those activities cause you more pain, you have to live your life.

As stated many times over in this blog, just be honest and things will work out.  But this is a good example of how these cases really work.  The worker is focused on their health and getting better.  The insurance company wants to see if they can get a "gotcha" moment and save themselves some money.

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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A reader wants to know if it's legal for an insurance company to conduct surveillance on them.  Apparently he realized that a car parked across the street from his house was a surveillance company.  This reader was actually pretty savvy as he called the police because he knew that to conduct surveillance this company was required to register with the police what they were doing.

Yes this is legal.  In cases where the injuries are pretty big or there is a report that the worker isn't as injured as he says he is, insurance companies with hire private detectives to follow you around.  Typically they will do this for one to five days.  The most common time is after a big snow fall (to see if you are shoveling) or on a really nice weekend day.   If they know that you are in a softball league they will probably be there too.

It's honestly not much to worry about.  We preach a lot in this site that if you are honest then things will go fine.  Same thing here.  Who cares who is watching you if you are not exaggerating your problem or ignoring the restrictions your doctor gave you.  You also have to live your life so if your doctor says no lifting more than 10 pounds, but you need to bring in the groceries, a Judge isn't going to likely hold against you a one time occurrence.  On the other hand, if you aren't supposed to use your arm, but are seen throwing footballs or shoveling the drive you are asking for trouble.

The reader said that he heard from one co-worker that the insurance company hired someone to move in next door.  We can all but guarantee that didn't happen because the cost to pay for someone to follow you would exceed what you can recover.

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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