Workers Compensation Lawyer in Chicago, Illinois Work Injury Attorney

A reader who got hurt while working construction in Aurora asks:

I recently was hurt on the job and my doctor has me off work for a month.  The adjuster said that I don't get paid for the first three days I miss.  That's so unfair.  I need that money.  Can anything be done>

Surprise, surprise, the adjuster isn't telling the whole truth.  Under Illinois workers' compensation law, when you are off work for a work injury, you don't get TTD benefits until you hit the 4th day.  However, once you are off for 14 days, those first three days are also to get paid, even if it's not 14 days in a row.

Another thing to be aware of is that even if you don't usually work weekends, if the doctor has you off on Friday and Monday, that is actually four days for Illinois workers comp TTD purposes.

For this reader, they are clearly going to be off more than 14 days.  It appears the dis-honest adjuster (and not all of them are that way) is trying to frustrate the worker in to ignoring his doctor and going back to work too soon.  That saves them money, but likely will lead to a worse injury and a bigger problem.  The sad part is that if he does try to go back to work and it gets worse, they'll probably try to say he shouldn't get benefits because he didn't listen to his doctor.

Ahh, the games people play.  Fortunately this is a game you can win if you know what you are doing.

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.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

We have received a lot of questions lately about Illinois temporary total disability benefits.  Here are three where we felt the answers will help everyone.

I haven't been paid TTD benefits for three months, but I never hired a lawyer.  Is it too late to get an attorney to go after what I'm owed?

No.  As long as it's not too late to file the case itself, an attorney can go back and get any benefits that are available for you.

I work a part time job (ten hours a week) along with my full time job.  Just broke my leg and can't do either job.  Do I get paid for the lost part time hours along with my pay from the injury for the full time job?

Yes, if your employer for the job on which you got hurt knew about the part time job.

Do I have to pay a lawyer 20% of my TTD benefits if I hire them?

No law firm that we would recommend for a case would take a penny of your TTD benefits unless we had to do substantial work to secure them like go to trial.  In 99% of cases we don't take anything for TTD.  Some firms don't follow the same rules so watch out for them.

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.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Are you a teacher with an Illinois workers' compensation claim?  If so, a new case from the Illinois Appellate Court demands your attention.

In the case, a teacher had a 39 week school year, but chose to get paid over 52 weeks.  In other words, if her salary was $52,000.00 a year, she chose $1,000 a week instead of more money up front with 13 weeks of nothing.

When she got hurt the school calculated her average weekly wage as her total compensation divided by 52 weeks of work because that was her pay period.  The problem with that is that she didn't work 52 weeks, she worked 39.  And how she was paid plays no roll in how much she was earned.

So if the school was right then her average weekly wage would have been $1,000.00.  But the Court said the school was wrong and the correct wage should be $1,333.33.  For her time off of work that ended up being a difference of more than $200 a week.  It also made the final value of her case worth more money.

If you are a teacher or other seasonal worker, your average weekly wage and associated benefits should be based on the number of weeks you actually worked.  Even in other professions, if you took a couple of weeks off for vacation, illness or any other reason, that has to be addressed.  If that doesn't happen you are literally costing yourself a lot of 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.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

A laborer called us almost two years after a serious accident for which he has never returned to work.  He actually called with questions about complex regional pain syndrome, but when someone calls we try to do a full analysis of the case.

He has been getting TTD benefits for two years.  At the time of the accident he worked two jobs that paid a total of $1,500 a week.  Currently  he gets $500 a week which is 2/3 of his wage from the job that he got hurt on. 

When he initially got an attorney, he mentioned the 2nd job to his attorney who told him it wasn't irrelevant.

Problem is that it's not irrelevant.  The employer knew about this job and was ok with it.  He should be paid for both jobs which is a difference of $500 a week.  He is owed approximately $50,000 in back benefits right now. 

Of course that is a huge chunk of money and he needs it.  He felt initially that the lawyer's response didn't seem right, but assumed that he knew what he was talking about.

This case is almost ready to settle and if it had been resolved then that back money would have been gone.  If your lawyer isn't making sense then don't be afraid to question it.

 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.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

In a first for me, I got a call from a male stripper who was injured when lifting a client at a downstate uhm "ladies club."  He actually herniated a disc in his back and won't be able to perform/work for at least two months.

His problem is that while he was paid minimum wage, he didn't report any of the significant tips that he earned every night.  So while he was really making around $1,500 a week, his wages were reported at around $300 a week.

Like any other injured worker he is entitled to 2/3 of his average weekly wage tax free.  If he were to go trial, a Judge would only award him $200 for his lost time instead of the $1,000 he is really entitled to.

It's a good lesson for waiters, bellhops, skycaps and yes strippers.  Your wages are what you report.  You don't want to be on a witness stand having to admit under oath that you cheated on your taxes as that would, of course, set up a whole new set of problems 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. 

• Email This
• Print
• Comments
• Trackbacks
• Share Link

In Illinois, it's illegal to fire someone because they have pursued a workers' compensation case.  It sometimes happens though, often because an employer thinks that if they do so then the injured worker won't get paid as much.  They are wrong.

The law in Illinois is clear on this issue:  If you have a work related injury and are completely authorized off work then you should receive TTD benefits until you have a job to return to.  You could literally punch your boss in the face (we of course don't suggest this) and your benefits would still continue.

If you are released to return to work on a light duty basis or with some restrictions, your employer has to either accommodate those restrictions or continue paying TTD.  If they say that they would have had a job for you except you were "fired for cause" we then need to look at why you were let go.  If you were fired because you punched a co-worker, had excessive absences or were clearly insubordinate then you were fired for cause.  If they would have otherwise had a job for you then you likely won't be able to get benefits.

On the other hand, if they fired you because you couldn't keep up due to your injury, for a made up reason, because they don't like you, etc. then it's probably not a "fired for cause" situation and you should get TTD benefits.

A lot of this can be subjective and often requires us to go before a Judge at trial.  But if your benefits have been wrongly cut off that is our option.

FYI, no matter why you are let go, your medical benefits can not be ended because you have been fired for cause.  So any attempts to end your medical treatment because you have been let go is fraudulent.

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.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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.

• Email This
• Print
• Comments (1)
• Trackbacks
• Share Link

We can get what is called penalties and fees.   Essentially, if you are not getting your benefits and there is no good reason - such as a reasonable dispute as to the extent of your injury or how it occurred - then they can be punished.

In fact they can be punished as much as 50% of your medical bills, money for each day that TTD benefits are inappropriately denied and 20% for attorney's fees which puts more money in your pockets.

There are often legitimate reasons that cases are disputed such as an IME report.  But often insurance companies just do the wrong thing.  We are amazed that more attorneys don't take advantage of this law and take their cases to trial.  In a recent case, an insurance company had to pay more than $110,000 in penalties because of their awful behavior.

If you are getting screwed over for no reason the law is on your side.  Use it to your advantage.

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.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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.

• Email This
• Print
• Comments
• Trackbacks
• Share Link