Attendant Care and Illinois Workers’ Compensation

By Mike Helfand on Posted in Injuries

One of the great things about Illinois workers’ compensation law for workers is that it covers 100% of all reasonable and related medical care. Most people think of this as meaning that there will be no co-pays and no out of pocket expenses. And that is correct.

What a lot of people do not consider is what medical care actually is. Medical care under the Illinois Workers’ Compensation Act could be a gym membership. It could be a modification to your home or the insurance company having to buy you a vehicle. One man I represented for almost 20 years was paralyzed and got multiple vans.

It can also mean that if needed, you can get attendant care.

What Is Attendant Care?

Attendant care is a person who comes into your home at the order of your doctor to help take care of you. They are called a “non-skilled” worker, but that is nonsense. They provide a lot of services to help someone who is significantly injured and can not fully take care of themselves. This includes:

  • Helping with baths or showers
  • Preparing meals
  • Getting you dressed
  • Assisting with taking medication
  • Housekeeping and laundry
  • General grooming
  • Transportation
  • Companionship and supervision
  • Anything else needed in your acts of daily living

If your doctor orders it and it is medically necessary, then the workers’ compensation provider must pay for it.

Illinois Work Comp Cases

Attendant care does not come up in most Illinois workers’ compensation cases. It is reserved for those who are significantly injured. As a result, not every Illinois work comp attorney has experience in making sure that if it is ordered that you can actually get it.

It is possible that attendant care will be provided for life and in other cases it may be temporary. For example, if you had a spinal fusion due to a work related injury and you live alone, it is likely that you will need someone to come into your home to help you with your acts of daily living.

If you are paralyzed or permanently disabled from working, it is possible that you will need attendant care for life.

And even if you live with someone, if they have to take care of you and your doctor has ordered attendant care, it is possible your spouse, friend or other family member could be paid for helping you out.

It is something an attorney should suggest for most people who have major injuries. And it is certainly something you should bring up to your doctor if you feel you need it.

The Role Of Your Doctor and Tips For The Provider

It is important that your physician be detailed about why you need attendant care and what that should involve. His prescription and official records should indicate things like:

  • Times when care should be provided
  • What needs to be done
  • How long care should last

As for the attendant, especially if it is a friend or relative, make sure they know to keep detailed logs of what they are doing including tasks completed and how long it took. They also should report this to the doctor as well as any other progress that occurs or relevant observations.

Free Case Review

The key points in all of this are that attendant care is available, but you might have to ask for it and there are very few attorneys with a track record of handling cases that need attendant care. If your injury is that serious, the right law firm can make your life much better.

We have a state wide network of experienced, successful work comp attorneys who care about their clients. If you would like a free case review, please call us any time at 312-346-5578. All calls are confidential and no commitment.

This Chicago Work Comp Lawyer Made His Client Feel Terrible

By Mike Helfand on Posted in Tips if Injured

Illinois workers’ compensation attorneys do not see each other much anymore because most hearings and court appearances are on Webex which is comparable to Zoom. As a result, you do not get the small interactions very often that help foster relationships which can make cases operate more smoothly.

I have vivid, not necessarily fond, memories of going to the Illinois Workers’ Compensation Commission at the Thompson Center before Covid when hearings took place there. You would see gross things like older, married male attorneys hitting on young female lawyers. You would get a sense about how various firms practiced. One firm in particular would make almost all of their clients show up even though they knew the cases were not actually going to trial that today.

You would also see some great attorneys in action and see some acting like total assholes.

It has been a decade or more since I have seen in person one particular Chicago work comp lawyer who had a major anger problem. It was never directed at me, but I saw him act out toward defense attorneys and his own clients.

Well he appears to still be at it because one of his clients, who has a great case worth a lot of money, called me crying. She had a question about her case and said when she called her attorney he screamed at her, called her stupid and made her scared. She told me that she felt like a kid who had been sent to the principal’s office.

There is absolutely no excuse for a lawyer to treat a client that way, ever. You can not say you are having a bad day. That does not mean an attorney should be perfect or can’t get argumentative. That can happen and sometimes it is appropriate.

But to call your client stupid and make them afraid to call you is just gross. She told me that whenever she calls she gets ridiculed and this was not a one off event.

So sadly nothing has changed for this lawyer and given that he’s been doing this for over 30 years, it sadly means he will probably escape accountability.

Your work comp attorney does not need to be your best friend or even your friend at all, but it would be nice if they are patient and compassionate with you. If they have a problem with anything you do, they should be able to say it calmly. For example, if a client is calling 10 times in a day and yelling at staff, the attorney should call that out.

But if you are calling occasionally when you have questions and you are courteous, they should try to help you.

What makes this case worse in my opinion is that when benefits got cut off, he made no attempt to solve the situation and did not provide any real legal advice from what she shared.

The good news for this person and anyone else is that you can switch firms and it will cost nothing to do so. The only hindrance to that would be if there was a settlement offer. Often at that point you are stuck unless the offer was woefully low.

On the same day this worker called me, another injured worker who hired a different terrible firm reached out as well. He too had been screamed at by his lawyer, but his case went to trial and they lost so there was no way to help him unfortunately.

Again, the lesson is you do not have to take it and if you are thinking about switching, do it before it is too late.

What to Say and Not Say to an Adjuster

By Mike Helfand on Posted in Tips if Injured

When an Illinois worker gets hurt on the job, it is common for an insurance adjuster to reach out quickly. The adjuster may sound friendly and concerned, but it is important to understand who they work for. Insurance companies are businesses focused on their bottom line. Their goal is to limit how much they pay on claims, and they are often looking for reasons to deny or reduce benefits. They are not there to protect your interests.

What you say to an insurance adjuster can have a big impact on your case. It is important to be polite, but also careful. You do not have to talk to them and often shouldn’t. If you do, you should stick to basic facts about your injury. This includes when and where the accident happened and the body parts that were injured. If you have already seen a doctor, you can confirm that as well. Keep your answers short and accurate. If you do not know the answer to a question or are unsure, it is okay to say that you do not know or that you need to check your records.

At the same time, there are things you should avoid saying. Do not guess or speculate about what caused the accident. Do not downplay your injuries by saying things like, “I’m fine,” or, “It’s not that bad,” especially early on. Many work injuries get worse over time, and those statements can later be used against you. You should also avoid giving recorded statements. Adjusters are trained to ask questions in a way that may lead you to give answers that hurt your claim, even if that is not your intention. They are well known for twisting words or misinterpreting them.

It is also important not to discuss unrelated medical history or prior injuries. While some prior conditions may be relevant, insurance companies sometimes try to blame your current injury on a pre-existing issue in order to deny benefits. Treatment not related to your injury is none of their business. It is why we recommend to never sign a broad release form for your medical records. Also avoid talking about your activities outside of work or posting about your injury on social media, because this information can be taken out of context.

One of the most common mistakes injured workers make is assuming the adjuster is there to help them through the process. In reality, the adjuster’s job is to protect the insurance company. That is why having a lawyer on your side who understands how the system works can make a big difference.

An experienced Illinois workers’ compensation attorney can guide you on exactly how to handle communications with the insurance company. A lawyer can speak to the adjuster on your behalf, help you avoid common pitfalls, and make sure your rights are protected. They can also ensure that your injury is properly documented, that you receive the medical care you need, and that you are paid all the benefits you are entitled to under the law.

If you have been injured at work, you do not have to deal with the insurance company on your own. We can connect you with a reputable Illinois workers’ compensation attorney who has a strong track record. We have a state wide network of experienced, top work injury attorneys. There is no cost to speak with a lawyer, and you will not pay any fees unless there is a recovery in your case. Contact us today through our contact form or by calling 312-346-5578.

Do Not Let The Work Comp Insurance Do This

By Mike Helfand on Posted in Tips if Injured

We notice trends in Illinois workers’ compensation claims. By that I mean we will hear the same sort of thing from injured workers in bunches. Usually it is in response to an insurance company strategy. They will often try the same thing over and over as long as it is effective. An example would be an insurance company not paying benefits without any reason or lying about which doctor you can see.

Lately we have seen a different type of pattern. It is no secret that the world is more expensive than ever and the US economy is not great unless you are ultra wealthy. While Illinois workers’ compensation claims are worth more than ever, if your case gets denied and you do not have pay coming in, it also puts more pressure on you than injured workers before you have faced.

The new insurance company strategy, which you can not let them do can be summed up in one word.

Frustration.

I hear from more injured workers who have been dealing with workers’ compensation on a long-term basis. I am talking about injured workers with big injuries who have had a case for a year or more. Many of these people have had claims for five or more years.

These are often people who will never get back to their old job and have had multiple surgeries and may need more. What will happen is the insurance company will get a hired gun IME or conduct surveillance that gets taken out of context and cut off all benefits. So now the worker is in pain and looking at six months or more until money starts coming in again.

A lot of these workers have also hired terrible Illinois work comp law firms. By that I mean that the attorney does not communicate well and does not fight for them. That makes it worse because the insurance company is frustrating you and so is your lawyer.

The goal of the insurance company is to make you give up. They will want you to settle your case. They do this for a few reasons:

  1. It ends your right to medical care at their expense.
  2. It allows them to get away with no longer paying you weekly TTD checks.
  3. Any settlement you get will be MUCH less than what your case could be worth.

In other words, if the maximum value of your work comp claim one day would be $350,000, they might offer you 100k right now. If you are frustrated, you just might take that. It would be a huge mistake.

In other cases, we have seen injured workers call their lawyer and say, “I just want this to be over with.” Unless you have a terminal illness, that is also a huge mistake.

It is the job of your lawyer to fight for you and not take the easy buck. Any attorney who encourages you to settle while you are still off work per your doctor or still getting medical care for your injury, is not fighting for you.

The insurance company benefits if you settle. The lawyer does too because they get paid. You on the other hand, even if money comes in, get screwed. Because once that settlement money is gone, that is it.

Most Illinois work comp cases run smoothly, but not all. The insurance company is always looking for a way to minimize what a claim costs them. You have to think long term, not short term. That can be hard, but it is really in your best interests.

My litmus test for people is, if we settle today, will it cause you problems five years from now? Will you be happy then? If the answer is no, then do not settle.

Illinois Employer Tries To Gaslight Injured Worker

By Mike Helfand on Posted in Do I Have a Case?

One thing that surprises and occasionally frustrates me as an Illinois workers’ compensation attorney is when injured workers are blindly loyal to employers who treat them like absolute garbage. I get that people need to keep their jobs or don’t want to “make waves” or whatever. But I am not talking about that.

What I am talking about is employers who do things that are clearly in their interest and not the workers. Such as:

  • Trying to get you to work “just a little” off the clock instead of paying you for all actual hours worked.
  • Telling injured workers to lie to the doctor and say they were not hurt at work.
  • Promising to pay out of their own pocket for bills and lying about that.
  • Pressuring an injured worker to ignore doctor’s restrictions after an injury.

Companies like this do not care about you. They certainly are not worried that if they torpedo your work comp claim that it can have lasting damage are your physical and financial health.

The most recent gross employer behavior I saw was a Chicago area company that had a worker who hurt his back on the job while moving some heavy materials. He reported the injury, saw an orthopedic doctor and has a recommendation for surgery. He is in tremendous pain and has shooting pains going down his leg. It is hard for him to stand.

When he let his boss know what his doctor said, the boss accused him of “being in cahoots” with the doctor. He essentially implied that this worker was running a scam. Mind you that this worker has been there for almost a decade and has never filed a work comp claim in the past despite multiple injuries.

The boss sent him to a doctor friend who stated that no surgery was needed and he is fine. That doctor is not an orthopedic one and is apparently a close friend of the boss. That doctor’s opinion is in no way credible. Yet the boss is trying to gaslight his worker into thinking that the back specialist is making things up or the two of them are running a scam. In fact it is the opposite.

Despite all of this, the injured worker was hesitant to go forward. He is worried about hurting the company and making his boss mad.

As best I could, I explained how he could become permanently disabled from ever working again if he does not get the care that he needs and that hiring a work comp attorney is the only way to make that happen. I have seen workers end up crippled and homeless because they were “not the suing type” or let their boss pressure them into not pursuing a claim.

This happens at huge fortune 500 companies, small companies and everything in between. No matter where you work, you have to look out for you. A lawyer’s job is to protect you and advocate for you, but they can not care about what happens to you more than you do. There will always be another client. Another case. But you have one life and one body. And it is up to you to worry about that more than anyone.

Illinois Work Comp When You Own The Company

By Mike Helfand on Posted in Do I Have a Case?

An injured worker with a big back injury came to me for advice recently. He got hurt on the job and needs surgery. The catch is that he owns the company and didn’t know if he could do anything about it because in his mind, he would be suing himself.

First point is that an Illinois workers’ compensation claim is not a lawsuit, but instead a claim for benefits. That is an important difference. If you are driving your own car and crash, you can not sue yourself for negligence. But if it is a job injury, since it is not a lawsuit, you do not have to prove negligence. You are claiming benefits just like if you pursued treatment under the company health insurance policy.

Now that that is out of the way, there is one key question any time an owner of a company is hurt on the job in Illinois. And that question is, do you carry work comp insurance on yourself?

Every employee in Illinois is covered by work comp, with one big exception. An owner (meaning someone who owns at least 5% of a company) can exclude themselves from work comp claims. That often happens because an owner is likely to be a higher wage earner. So excluding themselves lowers their insurance premiums and since they are the owner they can likely pay themselves for any time off work unless them being out of work kills the company.

So if you are an owner and get hurt on the job AND have not excluded yourself from work comp coverage, you are supposed to be treated like any other employee. That said, these cases are not always straight forward. That is because:

  1. Typically an insurance company is dealing with claims about employees, not the owner.
  2. As a result, investigating a case is harder because there is often nobody independent to talk to about what happened when you got hurt.
  3. So at times the insurance companies will take longer than they should to approve and process a claim. Basically they will often assume you are lying even without any evidence that shows that.

The reality is that Illinois law does not allow an insurance company to delay paying lost time benefits or approving medical bills just because they are “investigating.” They have to have a reasonable excuse for any delays. Being suspicious just because it is the owner who made the claim is not reasonable.

So often an injured owner has to act faster and more aggressively or they risk getting screwed over. That means hiring an attorney to immediately file the case and file the right trial motions to put pressure on the insurance company.

The key point is that you have the same rights and benefits as any other injured worker. They can not deny or delay just because it is your company.

Bottom line is that if you own the company and work a heavy duty job or if you getting hurt and being unable to work would cause you big financial harm, you should not exclude yourself from insurance.

And if you have any questions or want a free case review, please call us any time at 312-346-5578.

Work Comp When You Do Not Want Surgery Now, But Might Later

By Mike Helfand on Posted in Benefits

Under Illinois workers’ compensation law, if you refuse reasonable medical treatment, that could result in your case being denied or ended. In other words, if you hurt your back on the job and your doctor suggests physical therapy, if you refuse to participate, it could end your case.

There is a BIG exception to this rule.

You Can Not Be Forced To Have Surgery If Hurt At Work In Illinois

One thing an insurance company (or anyone else) can not make you do is have surgery. This is true even if it is a relatively quick and likely successful surgery like for carpal tunnel. It is also true if having surgery could get you back to work full duty and not having the surgery will leave you with permanent restrictions.

The reason for this is because surgery is invasive and even the safest surgeries have risks. It is your choice as to what to do or not do with your body. This is all pretty sensible.

Reasons Why People Refuse To Have Surgery

Some people refuse surgery because they are scared or had a bad experience previously. One former client refused to do anything with anesthesia because they are convinced that is why their father developed Alzheimer’s.

And a recent caller to my office did not want the surgery because he had a lot of family events coming up. One child was getting married, another was going to graduate college and he and his wife had a big safari anniversary trip planned. He had a torn rotator cuff and while he could do regular day to day activities, he can no longer work his heavy duty labor job. That is because without surgery his restrictions are no lifting overhead more than ten pounds. A ton of his work is overhead lifting.

A rotator cuff repair takes about 45 minutes, but will require six months of recovery. It is absolutely his right to turn down the surgery even if the reasons are so he will be able to enjoy some fun outside of work. I would not want to be in an arm sling for wedding photos either.

When You Do Not Want Surgery Now, But Might Later

Because he does not want the surgery, his doctor has declared him to be at maximum medical improvement (MMI) and has discharged him from his care with permanent restrictions. Because he has a job within his restrictions that pays the same as he used to make (he got very lucky), the case is ready to be settled.

His question to me was about having surgery at a later date. He doesn’t love his new job and is worried about limited arm mobility as he gets older. He wanted to know if he could settle, but get them to pay for the surgery at a later date.

While everything is negotiable, most Illinois workers’ compensation settlements close out your medical rights. Insurance companies want certainty. But he has two options to get what he wants:

  1. He can take his case to arbitration. When you win an arbitration (and this case is not disputed, so he would win), you still get the equivalent of a settlement, but you keep your medical rights open as relates to that injury. So if in two, five, 10 years or whenever he wants to have rotator cuff surgery, the insurance company would have to pay for all of it as long as he can prove the need for surgery is related to the work accident.
  2. He can settle and request a Medicare Set Aside. Any time you settle an Illinois work comp case, you are supposed to take into consideration the rights of Medicare. Basically that means that if it is anticipated that you might need future medical care, you and the insurance company can not make Medicare pay for it. So what happens is that the insurance company has to fund a surgery now and give that money to you. This is separate from the settlement dollars.

The great part of this is you can put that surgery money in your pocket and control it. If you ever do have the surgery, if you want to use Medicare, you will have to contribute these dollars first. Otherwise if they catch that it should have been part of work comp, you’d have to pay them back. And if you never have the surgery, the money is just yours.

The Bottom Line

The TL/DR version of this post is that you can not be forced to have surgery if hurt on the job. And if you might want surgery down the road, there are options for you even if you settle your case.

And if you have any questions or want a free case review, please call us any time at 312-346-5578.

Illinois Workers’ Compensation Law — Plain-English Overview

By Mike Helfand on Posted in Tips if Injured

We are experienced Illinois workers compensation lawyers. One thing that sets us apart is we talk like normal human beings. Another is that we want people to be educated about the Illinois work comp system. With that in mind, here is an overview of some things we think every injured worker should know. If you would like to discuss a case for free, please call us any time at 312-346-5578.

What Is Workers’ Compensation?

Illinois workers’ compensation is a no-fault insurance system that provides benefits to employees who are injured or become ill because of their job. “No-fault” means you can receive benefits even if the accident was partly your mistake.

In exchange for these guaranteed benefits, employees generally cannot sue their employer for negligence related to the injury. Recovery is limited to the benefits provided under the statute. In other words, you aren’t suing so there is no pain and suffering or punitive damages. You do get all of your medical bills paid, all of your time off paid and eventually a settlement or award at Arbitration.

Who Runs the Workers’ Compensation System?

The system is administered by the Illinois Workers’ Compensation Commission, which:

• Oversees claims and disputes
• Conducts hearings through arbitrators
• Reviews appeals
• Approves settlements

Most formal disputes are decided first by an arbitrator, with further review available through commission panels and the state court system. That said, most cases settle.

Who Is Covered Under Illinois Work Comp Law?

Employees working in Illinois are covered from their first day on the job. Coverage generally includes:

• Full-time and part-time employees
• Workers injured while performing job duties in Illinois, even if based out of state
• Employees whose work is based in Illinois
• Many workers who travel or perform duties across state lines

What Types of Injuries and Conditions Are Covered?

Workers’ compensation applies when a job causes or contributes to:

• Sudden accidental injuries
• Repetitive stress injuries
• Occupational diseases
• PTSD or other mental injuries from one time, sudden and shocking events
• Aggravation of a pre-existing condition
• Back, neck, joint, and nerve conditions made worse by work duties

The key issue is whether the employment was at least a contributing cause of the injury.

What Should You Do After a Work Injury?

Report the Injury

You must report your injury to your employer within 45 days. Report it as soon as possible and keep a record of when and how you gave notice. Failure to give timely notice can result in denial of benefits.

Get Medical Care

Seek appropriate medical treatment promptly and follow your provider’s recommendations. Gaps in treatment or failure to follow medical advice can hurt your claim.

Beware the Insurance Company

Insurance representatives may ask for:

• Recorded statements
• Broad medical authorizations

You are not required to give a recorded statement, and medical releases should be reviewed carefully before signing and limited to the body part injured.

How Long Do You Have to File a Claim?

In most cases, you must file an application for adjustment of claim within:

• Three years from the date of injury, or
• Two years from the last payment of compensation

The sooner the better. It’s for your protection and it is free to file. It also gives your case priority when it comes to getting an arbitration hearing if you ever need one.

Attorney Fees In Illinois Workers’ Compensation Claims

By law, attorney fees can not exceed 20%. That is true even if you switch lawyers. The total attorney fee can not go over that amount. If you switch, the new lawyer and old lawyer will have to figure out how to divide the 20 percent, but you will not get less.

If you have any questions, please do not hesitate to reach out to us any time.

When Your Lawyer Loves Your Union, But Not You

By Mike Helfand on Posted in Tips if Injured

Illinois workers’ compensation attorneys love union members. There are a few reasons for that. They include:

  1. Their wages are usually high which makes the case worth more money.
  2. Often their injuries are significant, which makes the case worth more money.
  3. They have a lot of injuries due to the dangerous nature of the job. That means more business and more money for the attorney.
  4. If you do a good job for them, they will tell their friends at work which means more cases and more money.

If you can not tell, union members are often desirable clients to have and attorneys love cases that they can make money off of. That is just honest talk.

As a result of this, there are a lot of firms that target unions with their marketing efforts. That is not something I have ever really done beyond writing blog posts. Some of these marketing efforts include:

  • Fancy dinners
  • Tickets to sporting events
  • Golf outings
  • Vacations
  • Raffles where every wins and the prizes are things like big screen TV’s.
  • Strip club outings
  • Cash

In other words, for some law firms, it is not as much marketing as it is bribery. They take out the union heads and magically those people are telling their members that they need to hire that law firm if they ever get hurt on the job.

Some of these unions are more forceful than others. There are plenty who will only allow access to members through newsletters or letting a lawyer show up at a meeting. But some slimy ones will really pressure workers and I have heard of cases of a union leader bringing an attorney to a hospital and telling the worker they should sign with them. To me it is pretty gross behavior.

The reality is that these marketing efforts work. And some of the law firms who get the cases do great work. But there are also others who do not look at the injured worker as the client, but instead only worry about the relationship with the union leaders.

In one case that contacted us, heavy labor union member (purposely not saying what type of work) badly hurt his leg and shoulder and had multiple surgeries. For a couple of years his TTD benefits went unpaid even though his medical bills were covered. He begged the lawyer to go to trial and they did nothing. The worker complained to the union head and when the lawyer heard about it, they screamed at their client and kind of threatened them.

Eventually a settlement offer was made and the lawyer told the worker to take it and that if he went to trial he could get nothing. We looked at the case and it was clearly a lie that he could get nothing at trial. The offer was over $200,000 and there were no defenses to the accident being work related. In fact, we believe the case is likely worth over double what was offered.

This is somewhat of an extreme example, but more common than you think. This attorney cares about keeping the union business, but not about making the union members happy. It should not be that way.

If this happens to you, the only thing you can do is remember that you are the one who chooses your lawyer and you can choose to get a new one if you started with a bad one. It costs nothing to switch firms and while we always encourage people to work things out if they can, when you have terrible customer service situations like this, switching is usually the best option.

If you would like a free, confidential case review, call us any time at 312-346-5578. We have a state wide network that covers all of Illinois and we will do whatever we can for you.

When Light Duty Work Is Causing You Pain

By Mike Helfand on Posted in Tips if Injured

We are experienced Illinois work injury attorneys who will talk to you for free and in confidence about your case. Call us any time at 888-706-1766 to speak with a lawyer.

Almost every injured worker I have ever met just wants to get healthy and back to work. For many people that happens within days or weeks of getting hurt. When injuries are more serious, that can take months or even years.

The longer an injury and work comp case drag out, the more likely it is that your doctor will consider ways to get you back to work. That typically involves releasing you to return to work, but with restrictions. Examples include:

  • No lifting over a certain amount of weight.
  • Taking 15 minute rest breaks every two hours.
  • No overhead work.
  • Limits on how much you can pull, push.
  • No bending, squatting or climbing.

When the restrictions are heavy, it usually means you are only going to be able to do light duty or sedentary work. That may mean that you will sit at a desk all day and stuff envelopes or act as a greeter at the door or something like that. Other times an employer can work with you and your restrictions in a more meaningful way.

But What Happens When You Work With Restrictions And It Causes Pain?

If your doctor says that you can return to work with restrictions, you generally have to try or you risk losing your benefits.Usually it goes well, but sometimes it goes sideways. That is for two reasons:

  1. Your employer pressures you to do work beyond your restrictions.
  2. You give it your best shot, but are having extreme pain.

If your employer is pressuring you, our best advice is do not go along with that if you can help it and call your attorney. It is your lawyer’s job to protect you in those situations. I know that refusing to help someone lift is easier said than done at some places, but it is truly best for your health.

For the second example, if you truly give it your best effort and are hurting, ask yourself if you are sore or if it feels like the underlying injury is getting worse or is similar to when you first hurt it. If it is getting worse or the pain is similar to when you first hurt yourself, stop working.

After that, let your supervisor know what is happening. Maybe they have even lighter duty work for you. Maybe not. Either way, let your attorney know and call your doctor for an appointment ASAP.

What Happens After You See Your Doctor Again?

This is one of many reasons not to treat with the company doctor. Hopefully you have a good doctor in your corner who is looking out for you and your health. Make clear to them that you really tried to work and explain what pain symptoms you had. They may tell you to take some time off and try again. They might order additional physical or occupational therapy. They might order a functional capacity exam or FCE to determine objectively what restrictions you need.

Whatever happens, you do not want to set your recovery back significantly by over exerting yourself and ending up needing a surgery or something else.

Listen to your body and then listen to your doctor. That is the best thing you can do for yourself.

And if things are not going well or you just have questions, please contact us any time. We will do whatever we can to help you.

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