Workers Compensation Lawyer in Chicago, Illinois Work Injury Attorney

We got a nice e-mail from a client who was originally told by a "Chicago workers' compensation law firm" that he didn't have a case.

Long story short is that the client went to California on a business trip.  He was up early because of the time change and went for a workout.  The hotel had a basketball court so he got in to a pickup game.  Unfortunately he tore his ACL during the game and had to have surgery.

The first firm for some reason said this wasn't a case because it had nothing to do with his job.  That would be true if he wasn't a traveling employee, but he was.  This is a compensable case every day of the week and twice on Sunday.

Of course the first firm he talked to only dabbles in work injuries and apparently the lawyer who gave the opinion has only been licensed to practice for two years.  So he just didn't know any better.

Whether you go with us or any other firm, it is a good lesson that the attorney you hire should focus on Illinois work injuries.  Otherwise you are just asking for a disaster to occur.

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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Ok, that sounds like a cheesy anti-DUI commercial, but it's true, at least when it comes to Illinois workers' compensation.

If you are drunk on the job and get in an accident because you were drunk (or high), you will not win a claim for workers' compensation benefits.  Strangely enough, if you are just sitting at your desk drunk and something happens (e.g. a forklift crashes in to you) that has nothing to do with your drunk state of mind then you'd probably have a case.

Traveling employees are actually allowed to drink on business trips and still win benefits if they get hurt unless they are sloshed.  In other words, if you are out of town for business and have a couple of glasses of wine at dinner, but then fall in the parking lot, you'd probably have a case if you didn't fall because of the drinking. 

On the flip side, a few years ago we got called by a trucker whose rig broke down at a rest stop.  He was stranded so he drank about 30 beers and fell out of his truck and blew out his knee.  That case is not a winner because while it's foreseeable you might have a beer, it's not foreseeable that you'd drink that much and put yourself in harms way.

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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In general, if you are driving your car to work to start your day or home after a long days work, injuries that you sustain in a car accident are not covered under the Illinois Workers' Compensation Act.  There are, however, a few exceptions.

1. If you are a "traveling employee" and driving to or from a client site, injuries from a car accident would likely be covered because you are benefiting the employer.  An exception would be if you "deviated from your normal route."  e.g. If you were driving to a client meeting, but stopped at the mall to go shopping.  An injury there would not likely be covered.

2. If you are carrying materials for your employer.  In a recent case, a construction worker loaded materials in his truck at the end of the day to bring back the next day.  Because this activity benefited the employer he was able to win benefits when he was in an accident.

3. We have seen cases where employees drive around company cars that essentially serve as an advertisement for the company.  You've surely seen cars with websites and phone numbers all over them.  When this happens and you are in an accident while driving, a strong argument can be made that promoting the company was part of your job.

The general theory around all of these cases is that the employer "expands the range of employment" by having transportation be used for the benefit of the company.  If you think that is what happened to you let us know and we will tell you if we think that you have a 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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