What would Jesus do if hurt on the job in Illinois?

We just reviewed the medical records of a woman who hurt her back on the job, ended up having a back fusion surgery, but never had hired an attorney because she is "not the suing type."  She also agreed to put all of her medical bills through her husband's group insurance.

Aside from the fact that a workers' compensation claim is not a lawsuit, it's a claim for benefits, what this lady did is a huge mistake.  Here is why:

1. Following her fusion, her doctor eventually ordered physical therapy.  The insurance company has a policy that you can only receive 12 weeks of physical therapy.  This woman made great progress in her therapy, but needed about six more weeks of work per the doctor.  Request denied.  Had she pursued workers' compensation benefits, she could have received treatment as long as it was reasonable and necessary.  She instead was forced to try to give herself therapy at home and at a gym and wouldn't you know it, she re-injured her back and may need a new surgery.

2. If the group insurance company finds out that she really hurt herself on the job, they will cut off any future payments until they have either been reimbursed or you pay an equal amount on your own.  In other words, if you get hurt and they pay $10,000 worth of bills, if they realize that was a mistake they can either sue you for $10,000 or tell you that the next $10,000 of care is not covered.  So imagine not being able to work and now your kid needs to have his appendix removed, but you have to pay for it yourself.  Think that might create some stress?  Had she just done the right thing and applied for benefits, 100% of her bills for the back injury would have been covered with no co-pays or out of pocket expenses.

3. The real kicker is that on advice of her boss who is "also a Christian and believes as I do that you shouldn't sue anyone", she instead lied to her doctor and said she got hurt at home.  That might help her avoid a lawsuit from her own insurance company, but since the boss now insists that she never reported a work accident and because her own statements support that, there is almost no chance of winning a workers' compensation claim.  Can someone please explain to me how it's not "Christian" to seek out benefits if you are hurt on the job, but it is "Christian" to tell an employee to lie about it and then take actions that deny them medical care.

We say it over and over, but we'll say it again.  No matter who you are, if you tell the truth then things will work out fine.  When you lie, exaggerate or say what you think you are supposed to say, that's when you get in trouble.

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.

Worker getting Fritos from a vending machine wins benefits

Sometimes a good deed does not get punished.

In a recent case (not handled by our office), a worker at the now closed Circuit City was walking by a vending machine and noticed that his co-worker was frustrated because she couldn't get the Fritos she had paid for from the vending machine.  Apparently management was on notice that the machine would malfunction.  The worker, being a good guy, tried to dislodge the dangling Fritos and hit his shoulder into the machine.  As you can probably guess, a shoulder injury was the result.

The employer's insurance company denied benefits stating that this injury had nothing to do with the job.  After years of court rulings, the Illinois Appellate Court recently ruled that even though the worker's job didn't involve slamming his shoulder in to a vending machine, because he was a "Good Samaritan" he should receive benefits.  In a nutshell, the Judges said that it was predictable that someone could get hurt while trying to help a co-worker.  Even though he wasn't rescuing someone in the traditional Good Samaritan sense, he wasn't goofing off.  As a result he won.

The Court also said that because the vending machine was provided for the comfort of the employees, that had the injured worker been trying to help himself he likely would have won his case too.

Every case is different so we don't suggest that you ram your arm into a vending machine if a candy is stuck.  But the reality is that if you try to shake the machine, give it a hit with your hand and then butt it with your shoulder, if you get hurt you will likely win benefits.

Finally, we can imagine if this were to happen that an employer or their insurance company would tell the worker that they are not eligible for Illinois workers' compensation benefits because the injury wasn't a part of their job duties.  It's just another lesson that you shouldn't take the word of someone who tells you that you have no case, especially if they might have a financial motivation to tell you that.

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.

Drug tests after a work injury in Illinois.

If you get hurt on the job in Illinois your employer can give you a drug test to see if you were under the influence of drugs or alcohol when you got hurt. You can also refuse to take the test.

If you are found to be on drugs when you got hurt that may be the basis for denying your claim. You could have smoked marijuana three days before you were hurt and still have it in your system. Of course that wouldn't have led to an accident, but it might lead to your case getting denied.

We've seen cases where someone got a drug test six months after the accident and the company used that as a basis for cutting off their benefits. It's nonsense of course, but it's something you need to be prepared for.  Like any other injury, the most important thing is to tell the truth, especially when reporting how the accident occurred to your doctor.  You might have marijuana in your system from smoking pot on a Saturday, but if your back pops when lifting at work on Monday there is no way that you should not get the benefits that you are entitled to.

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.

Illinois workers compensation: Having to wear gloves can be a case

One of the most common allergies is a reaction to latex products, most often latex gloves.  Some people develop such a severe allergy that just being around latex causes them to break-out, have trouble breathing and in the worst case scenario can cause a death.

If you work for an employer and then develop a latex injury, it is a covered workers' compensation claim in Illinois.  Your employer has a duty to take the latex exposure away from you and if they don't, they will have to pay you for your time off of work.  Either way they will have to pay for all of your medical bills related to this problem.

If you are having a latex exposure problem we strongly encourage you to get prompt medical attention, explain to your doctor (preferably an allergist) what is happening and follow their recommendations.

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.

Proving a repetitive trauma claim in Illinois

When you lift a box on the job and feel a pain in your back, it's clear that the work activity contributed somehow to your injury.  When you lift boxes day after day and one day wake up with pain in your back shooting down your leg, it's not as clear cut that your job activities contributed to your injury.

The good news is that if your doctor will state that your job duties have played a role in your injury, you should get Illinois workers' compensation benefits.  Recently the Illinois Workers' Compensation Commission ruled that a production worker who had to turn his body left and right several times a day proved that his herniated disc in his back was work related.

If you suspect a repetitive trauma injury we suggest three things:

1. Give your doctor a very detailed description of your job duties.

2. Make sure that you ask the doctor if your job played any role (e.g. aggravated or accelerated) in your injury.

3. Advise your employer of your problem, in writing, as soon as you suspect that your job played a role in your problem.

None of this guarantees a result, but with a good medical opinion and a legitimate injury from repetitive activity you can usually prove 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.

Your case has to be filed at the nearest location to where you were injured

We got a call from someone in the suburbs who got hurt in Palatine, hates coming to the City and wants to file her case at the Rolling Meadows courthouse.  We explained that you can't file a workers' compensation claim at that location because all Cook County workers' compensation claims are filed at the Thompson Center in Chicago.  This isn't a choice by our office, it's Illinois law.

This is also why you don't find many lawyers in the suburbs who do nothing other than represent injured workers.  If your office is in Schaumburg it doesn't make sense to have a practice that requires you to be in the City every day. 

So if you are hurt in Cook County your case is in Chicago.  If you are hurt in DuPage County  while working then your case is in Wheaton.  If you are hurt on the job in Lake County your case is in Waukegan.

The good news is that our firm has a network of attorneys throughout Illinois and in almost every situation we can handle your case without you having to travel.

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.

The simple act of standing at work doesn't mean you win your case

We were called by a cashier who has a foot injury that she and her doctor felt was caused by her being on her feet all day at work.  Unfortunately for her, this is one of the times that the Illinois Workers' Compensation law is not in favor of the worker.

The simple act of standing is not seen to put you at an "increased risk" to the general public.  Unlike someone who is on there feet and walks a few miles at work, most people stand throughout the day.  Because of that you likely will not win a case if your claim of repetitive trauma is because you have to stand all day.

There are many exceptions to this rule such as if you have to stand on uneven ground, where tight fitting shoes (e.g. steel toed boots), do excessive walking or go up and down stairs a lot.

Since every case is different if you want a free analysis from our office simply call us at (312) 346-5578.

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.

Your employer must pay all reasonable and related medical expenses

When you have an injury that is covered under Illinois Workers' Compensation Law, your employer must pay for all medical treatment that is reasonable and related to your medical condition.  Well, what does that mean?

Reasonable:  This means that it is prescribed by a doctor and is medically accepted by most doctors to be a treatment that makes sense.  In other words, if you hurt your neck and buy yourself a pillow because it helps you sleep at night, we likely can't get the insurance company to pay for it.  On the other hand, if your doctor says that you need that pillow and writes a prescription for it then we can get you reimbursed.  We have secured gym memberships for our clients as well when their doctors felt working out would promote a recovery. 

Related: It has to be related to your work injury.  You may hurt your back at work and herniate a disc.  The doctor you see for that injury may also be giving you medical treatment for a knee injury from playing basketball or some other reason.  Some of these doctors carelessly bundle their bills and don't distinguish what is related to the work injury and what isn't.  We can only get bills that are part of the reasonable work injury treatment paid.

When your medical treatment is reasonable and related to your injury we usually get 100% of the bills paid with no co-pays or out of pocket expenses for our client.

If you have paid for anything out of pocket make sure to keep receipts.  We will do whatever we can to get you reimbursed ASAP.

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.

In a union and not happy with how the union is "fighting" for you?

A lot of unions in Illinois try to steer their clients to a particular attorney to represent them when they are hurt.  Unfortunately, they don't always do this because they think that is the best attorney for their union member.  Rather, it's often because that lawyer or his firm has provided a kickback or other incentive.  If you don't believe that, ask your lawyer how many times he has taken the union steward to a Bulls, Cubs, Sox or Bears game.  It shouldn't happen, but the reality is that it does.

The good news is that you can hire anyone that you want to help you secure the maximum benefits available to you and you should do that.  It doesn't cost you any more money to hire the right attorney and certainly there is only one person you should be looking out for; YOU.

The way our firm works is we have a network of aggressive lawyers throughout the state that have a niche with different types of work injuries.  In other words, if you are in Chicago and have a carpal tunnel case, there is a lawyer we work with that has handled hundreds of those cases.  On the other hand, if you have a heart attack on the job or a spinal fusion from a work injury, there is a different lawyer that is right for you.

The bottom line is that when you work with us, we will help you find the right Illinois workers' compensation attorney for your situation and we will protect your long term interests.  Who we suggest for you won't be because of a skybox or anything else other than our philosophy that we should treat our potential clients in the same way we would treat a brother or sister.

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.