Illinois Work Comp Pre-Trial FAQ’s

By Mike Helfand on Posted in Tips if Injured

If you are reading this, you will likely see a button for a live chat feature. When we are available, that is actually run by attorneys. So you can speak not just with a live person every time (no AI ever on here), but also with an attorney.

I have so many great and interesting conversations this way. Here’s one I had from someone who was represented, but not getting answers from his lawyer about what was going to happen in an upcoming pre-trial. I think it would be beneficial for everyone to know how pre-trials in Illinois work comp cases actually work, so here’s most of the transcript. I removed anything that could identify the worker or their case facts. Their questions are in bold.

What does the pre-trial consist of?

Both lawyers present their versions of what will happen if the case goes to trial and what the case is about and then the arbitrator makes a recommendation.

Thanks for answering! So do most cases end up going to trial after a 19b petition is filed?

No. It doesn’t matter what happens in most cases, it’s your unique case facts that matter. But it’s common to have a pre-trial when a 19-B petition is filed before going forward with a trial. It’s a great tool for resolving differences.

Ok so pre-trial is basically where the decision is made?

No. It’s where a non-binding recommendation by the arbitrator happens. But it’s usually a good idea of where the case is going.

OK can problems be resolved on the pre-trial date if the client has a strong claim?

Problems can be solved at the pre-trial no matter what type of case you have, strong or weak.

Interesting. So the decision to get my benefits back reinstated could potentially be decided that day?

Yes

Are arbitrators usually on the insurance companies side?

Not at all. Again, every case is fact specific. Some arbitrators lean towards the insurance companies, some lean towards the workers, some are very neutral, but if you have great facts, you usually prevail.

Good to hear that, so it’s safe to say I will have most answered the date of the pre-trial?

Again, your case is fact specific to your unique facts. It could happen but no way for me to tell you. My best advice is if you’d like your lawyer, trust them and see what happens.

What if I don’t like them, LOL?

Then you should look into switching law firms before there is a settlement offer made. We are always happy to discuss taking over a case. You can call us any time at 312-346-5578. It’s free and confidential.

Thank you!! Are you a human or AI?

My pleasure. Best of luck. Lol, I’m a human.

Aside from learning about pre-trials, I hope you see that we are very direct and talk in plain English. If you have any questions about a case, please don’t hesitate to reach out.

Epicondylitis And Illinois Workers Compensation

By Mike Helfand on Posted in Injuries

If you would like a free consultation with an experienced lawyer about your Illinois workers’ compensation case, please call us at 312-346-5578 for help everywhere in Illinois.

Epicondylitis is a condition that causes pain and inflammation in the tendons of the elbow due to overuse or repetitive motion. It is commonly known as tennis elbow (lateral epicondylitis) when it affects the outer part of the elbow and golfer’s elbow (medial epicondylitis) when it affects the inner part. Despite these names, you don’t have to play tennis or golf to develop the condition. It can result from any activity that puts repeated strain on the elbow tendons.

Workers whose job duties involve repetitive motions, gripping or lifting are at risk for developing epicondylitis. Jobs that require frequent hammering, wrenching, typing, lifting heavy objects, or using vibrating tools put stress on the elbow tendons over time. Workers in construction, plumbing, assembly lines, carpentry, and even office jobs are at risk. Repeated strain causes tiny tears in the tendons, leading to pain, inflammation, and weakness.

How Epicondylitis is Diagnosed

Doctors diagnose epicondylitis by performing a physical examination of the affected arm. They check for tenderness, swelling, and pain around the elbow. A doctor may ask the patient to perform simple movements, such as gripping an object, bending the wrist, or lifting against resistance, to see if these actions cause discomfort. If the pain worsens with these movements, it is a strong indicator of epicondylitis. In some cases, imaging tests like X-rays or MRIs may be used to rule out other conditions, such as arthritis or nerve compression.

Treatment Options for Epicondylitis

Many cases of epicondylitis improve with conservative treatment, which includes:

• Rest and activity modification – Avoiding or reducing activities that strain the elbow can help the tendons heal.
• Ice therapy – Applying ice packs to the affected area can reduce swelling and pain.
• Over-the-counter pain relievers – Nonsteroidal anti-inflammatory drugs (NSAIDs), such as ibuprofen or naproxen, can help manage pain and inflammation.
• Physical therapy – Stretching and strengthening exercises can improve flexibility and reduce stress on the tendons.
• Braces or straps – Wearing a forearm brace or strap can help reduce tension on the tendons and provide relief.

For more severe or persistent cases of epicondylitis, additional treatments may include:

• Steroid injections to reduce inflammation.
• Platelet-rich plasma (PRP) therapy, which uses the patient’s own blood components to promote healing.
• Surgery may be recommended if the condition does not improve with other treatments.
Epicondylitis and Workers Compensation

If you have epicondylitis due to your work, a good attorney can protect you. Insurance companies fight repetitive trauma cases, but we can make sure you are treated fairly. Our state wide network of lawyers have handled numerous epicondylitis cases and gotten great settlements for their clients. You can focus on your treatment and getting better, and your lawyer can work with the Arbitrator and the insurance company to get you the benefits you deserve. Please contact us any time.

H-1B Workers And Illinois Job Injuries

By Mike Helfand on Posted in Do I Have a Case?
H1B Visa and United States flag

We got an inquiry from an injured worker recently with a unique question. We chose not to get involved with his case because he already has a great lawyer, but I thought the question was worth a post for anyone in a similar situation.

He was a foreign worker, legally working in the United States on a H-1B visa. Those are given to individuals with at least a college degree if not more education. It allows you to work here for up to six years at a wage similar to other workers in that area in professional jobs like engineering, mathematics, technology, medicine, etc. Although your employer can try to help you get a green card, once the six years are up, you are supposed to return to your home country for at least a year.

While these are not typically dangerous jobs, workers in every field get injured every day. You can have a cushy desk job, but still slip on a wet floor walking to the bathroom, hurt your back or shoulder when lifting a box, get into a car accident while traveling to a client site or in any other way imaginable.

Although these workers are not citizens, they have the same rights and protections under the Illinois Workers’ Compensation Act as anyone else. They also have unique challenges. The number one being that if their visa expires, they aren’t supposed to stay in the country.

So what do you do if your visa expires and you leave? Can you still get work comp benefits?

The answer is yes, but it can be tricky. You can get medical care in your home country or another country. Getting those medical records certified isn’t always easy and may require an agreement between all parties that they are authentic. If your case is going to trial and we need to take a deposition of your doctor, it would have to be because you have a big injury. Otherwise you are paying your lawyer to go to another country for the deposition which could be a huge expense. One exception would be if it makes sense to take it over Zoom. That’s done on a case by case basis.

If you can’t work, you should continue to get TTD benefits. The biggest issue might be that you might not be able to make it back into the country for a trial. If that happens you might have to wait until you are eligible to come back here or testify via WebEx which is the Zoom like program the Illinois Workers’ Compensation Commission uses. Again, what makes sense is decided on a case by case basis.

Most workers don’t end up having to leave the country, but it happens and it’s often the smart/safe move if you want to come back here some day legally. Note, I know next to nothing about Immigration law and if you are in this situation, I HIGHLY recommend you consult with an attorney who focuses on that field.

But the bottom line is that if you are on a H-1B visa in Illinois and get injured, you are entitled to work comp benefits and that includes a tax free settlement when you are all better.

Illinois Work Comp When You Don’t Have An Ouch Moment

By Mike Helfand on Posted in Do I Have a Case?
Person with pain in their neck and upper back

Even after 28 years of talking to injured workers, I still get unique questions. I also get common questions phrased in a new way. It’s important because it reminds me that there isn’t a one size fits all approach to asking questions or giving legal guidance.

The most recent example of this came from a very hard core laborer who was having neck and shoulder issues. He asked me if he could have a case if he “never had an ouch moment.” It cracked me up because he was not the type that I would expect to say “ouch.” I also thought it was a great question asked in a unique way.

His question was another way of asking can you bring an Illinois workers’ compensation claim if you’ve never had an accident. The answer is of course yes. We help hundreds of injured workers every year who sustain injuries due to repetitive activities on the job. In his case, he does a lot of heavy lifting and overhead work and has done so for over a decade. It makes total sense that he’d start to have pain in his shoulder and neck. It’s very common for a body to break down over time.

What threw him is that his boss told him that he can’t file for workers compensation because he didn’t have an accident or an “ouch moment” where he can identify getting hurt. That is not how Illinois work comp law works, but we see employers lying to their workers all the time to try and deny them their rights.

This worker is like many others. At the end of the work day he feels like shit. After a weekend of rest or a vacation he starts to feel better, but the pain continues to come back. He’s tried to manage it with Advil, but that is no longer working.

The advice I gave him is the advice I would give anyone in a similar situation. I told him to do two things. First, I suggested that he go to a doctor. The best choice would be an orthopedic doctor, but if he needs to go to his primary care physician first, that is fine too. Along with that, I advised that he tell them that he thinks his problems are due in part to his job. That involves being very detailed as to what your job duties involve so the physician has a clear picture of the stress being put on your body. Don’t ever assume that if you give them your job title or a short description that they will really know what your day-to-day work life is like.

The second thing I told him is that he should formally report the injury to his boss after he sees the doctor, and tell them that he’d like to file a claim for workers’ compensation. I don’t recommend this when you have very minor pain, but in a case like this where he needs medical care and has trouble lifting his arm above his head along with shooting pains, he has to report it. This problem is not going away without medical care and it might require a job switch.

The good news is that Illinois work comp laws can protect him. He doesn’t need an ouch moment to have a case. He just needs to show that his job contributed to his problem. It seems clear that it did. This will give him the same rights as an injured worker who was run over by a forklift would have.

Injuries During Team Building Are Work Comp Claims

By Mike Helfand on Posted in Injuries
Person doing a trust fall at a company team building exercise

I think I did my first trust fall in junior high. Since then I’ve done scavenger hunts, pub crawls, trivia nights, egg tosses, Whirlyball, chicken wing eating contests, two truths and a lie and a bunch of other things designed to foster bonding and a good working environment.

I don’t know that any of them worked, but I appreciate the idea. Whirlyball left me significantly bruised which I guess led to some to some fun banter in the days after.

These team building activities may not be part of your core job, but they are a benefit to your employer. When that happens AND the activities are mandatory, if you get hurt when participating in them it’s a workers’ compensation case.

For some people that seems counter intuitive. That’s because if you are a nurse, but get hurt when you stumble trying to catch an egg, it doesn’t feel like it’s part of your job. It is.

As a result, most people who are hurt during an Illinois work related team building activity should get Illinois workers’ compensation benefits. That nurse I was referencing tore her ACL. She’s entitled to the same compensation as if it happened while lifting a patient. That means 100% of her medical bills paid, paid time off until she’s back to work and a settlement when she’s all better.

The key point is was this activity mandatory. If so then it’s part of your job duties. We see it a lot with teachers who often have “development” days. You have to be there. But even then some insurance companies will try to argue some bs like “you could have asked to be excused.” That’s not a legit defense.

If you feel like you had to be there, that can make it mandatory even if you aren’t told you will be fired if you don’t show up. If there are 20 workers and 18 of them were there and the only two that weren’t were on vacation and sick, it’s a sign it was mandatory to you. If your boss says, “It’s really going to be helpful for you to be there and get to know everyone” that would likely make you feel like you had to attend.

This is much different a scenario than your boss saying, “We are going out for drinks after work. You are welcome to join if you are free.” There might be some actual bonding taking place at the bar, but if you don’t have to be there, can leave whenever you want or show up whenever, it’s probably not mandatory.

There are actually a lot of team building injuries every year in Illinois. That’s probably because in some of the more physical ones, you are doing something your body isn’t used to and are at times dangerous.

If you have any questions about an Illinois work injury case, please call us at 312-346-5578 for help anywhere in Illinois.

Not Yet 90 Days On The Job And Injured. Does It Matter In Illinois?

By Mike Helfand on Posted in Do I Have a Case?
Calendar with New Job noted on one day

Illinois workers’ compensation law is very, very clear. Everyone is covered the moment they start working. A day one worker has the same Illinois work comp rights as a 30 year veteran.

That doesn’t stop employers from telling workers that if they are on probation, they might not have rights. That’s a crock. The most recent example that came to us involved a rather chicken-shit boss. He was afraid to out and out say you don’t have a case, so he hemmed and hawed and said, “I’m going to have to look into it to see if you are eligible since you haven’t hit the 90 days yet. I don’t think you are. In the meantime sit tight and we’ll see what we can do if anything.”

Now I know this person knows that they are full of it because they work at a big plant that employs a lot of temporary and seasonal workers. They also have a lot of turnover and a lot of workers’ compensation claims filed against them. He knows the law and has the ability to be straight forward with his workers. He was probably told by his boss to reduce work accidents. In his mind, if you don’t get to pursue a claim then you weren’t really hurt.

Let me be as clear as I can be, being on probation doesn’t take away your rights under Illinois workers’ compensation law! If it did, they’d just make everyone a probationary worker and in reality that’s how almost every non union job works anyway.

It also doesn’t matter if you get hurt in the first 90 days. Or if you are seasonal. Or part time. Or temporary. Or anything else.

What does matter is how you got hurt and what your injury is. Those are the things that determine if bringing a work comp case makes sense.

It’s truly gross and shameful how many employers will lie to their workers or twist the truth. There is absolutely no reason to try and disenfranchise a worker who has been legitimately hurt while the company benefits.

Whatever happens, don’t trust what they say and don’t stress over what they say. The good news is that we can always file a claim with the Illinois Workers’ Compensation Commission. Once that happens, the nonsense will stop and the law will get applied. That means you’ll get the care you need. You won’t pay a penny for it. If you can’t work, you’ll get compensated for your time off, no matter how long it lasts. And eventually you’ll get a settlement for how the injury has affected you.

Do I Get A Settlement If I Make A Full Recovery?

By Mike Helfand on Posted in Benefits
Healthy, active man running by water

There are so many things I think an injured worker should know. Illinois is probably the best state for injured workers which is likely due to our strong union history and having pro-union people in office. Despite how strong Illinois work comp law is, not every accident or injury is a case. But most are and most have settlement value.

With that in mind, one of the top things you should know if you get hurt on the job is:

Work comp insurance companies lie all of the time!!!

I put this in bold because it’s important that it sinks in. This doesn’t mean everything they say is a lie, but that they have no problem lying to you. They are looking out for them and their client, not you. That’s their job. It’s your job to look out for you.

This post is inspired by an injured worker who called me to see if the insurance adjuster he spoke with told the truth. He broke his ankle and all of his medical care and time off was covered. He chose a great orthopedic doctor and after about four months was back to work full duty and feels great.

So when he asked if he was going to get a settlement, he was told by the insurance adjuster that, “You don’t get one if you make a full recovery.”

That is a HUGE lie!!!

Illinois workers’ compensation settlement value is based off the recovery that you make. But even if you make a “full recovery” your case has settlement value. A case like this is a good example. He may feel great, but it’s possible and likely that he’ll have arthritis in that ankle that he’ll notice some day. But even if not, the case still has value and in this case, mid five figure value. The insurance adjuster is lying and hoping they can avoid paying $40,000 or so.

Now they don’t have to offer a settlement and sometimes they just won’t. That’s an easy problem to solve. When we formally file the case with the Illinois Workers’ Compensation Commission, they will offer one and if they don’t, we’d take your case to arbitration and get you paid that way. There has never been a case where compensation was denied for a real injury just because the worker is now after months of treatment feeling better.

These lies are annoying and this is just one example of how they will lie to you. And often they’ll do it with a smile and imply they’d love to give you a settlement only if they could.

My advice is to remember that the insurance company isn’t your lawyer. So if they tell you something that could be legal advice, assume it’s not true. You can verify it through us any time you want. Call us at 312-346-5578 for a free consultation any time. But rest assured that if you are hurt on the job, your case likely is worth something.

Remote Workers And Illinois Workers Compensation

By Mike Helfand on Posted in Tips if Injured
Man working from home with his laptop on a desk

The workers who get treated the worst by their employers are generally speaking, temporary workers. Sure, companies like Amazon or Walmart have terrible reputations, but if your employer is a staffing agency, they tend to see you as disposable. Many injured workers we’ve helped don’t get treated like they are people.

A close second to being treated badly is being a remote worker. Quite often you work for people you’ve never met face to face beyond a Zoom call. I’m talking about jobs like billing specialists, medical transcription, medical coders, data entry, etc. There are thousands of people living and working from home in Illinois for companies in other states.

What often happens is that because you haven’t established a relationship with your supervisors like you would if you saw them in person on a daily basis, they feel emboldened to treat you poorly. It’s a fact of human nature that people will do things over an email that they wouldn’t be comfortable doing face to face.

When it comes to Illinois work comp cases, it’s important to know that if you physically work in Illinois, you can bring a work comp case here if you get injured. This is true even if your employer had you sign some document that says you agree to file a work comp case in another state. They can’t make you waive your rights to Illinois work comp benefits.

We see mostly repetitive trauma injuries like carpal tunnel or cubital tunnel syndrome with remote workers. That’s because most remote jobs involve a lot of typing. But believe it or not, if you work from home and hurt your back lifting a box or slip on a wet floor, that could be a case too.

The problem a lot of these employees face is that because they are treated poorly, the employer isn’t helpful in educating them on their work comp rights. This is against the law, but it happens a lot. In one recent call to our office, an injured worker couldn’t get the employer to file a report or get them a claim number so she could get a case going. In another they were told they aren’t eligible for workers compensation benefits. In a third, they had all of their login access shut down without notice and they won’t respond to calls or emails.

These are fortunately solvable problems. We can look up who the insurance company is on a database of all employers to verify coverage and who to send bills to. You don’t need one of their claim numbers to get medical care. You’ll get a case number when we file your case with the State of Illinois. Not filling out an accident report doesn’t take away any rights from you.

So I do warn you to be careful as these employers often will take advantage of their hard working employees. They will show you no appreciation for the dedication you’ve shown to your job. And they will make you think you don’t have rights that you definitely do have to pursue a work injury claim.

We’d love to help you if you were hurt at work and promise to treat you like a family member or friend. There’s no cost to talk to us or hire an attorney. Please reach out any time via the online chat or by phone at 312-346-5578.

Illinois Work Comp When Your Company Is Closing

By Mike Helfand on Posted in Benefits
Red and white sign in store window that says business closing

As happens a lot when there is a rough economy, and even without that, a lot of Illinois companies are going out of business. Some do it because they aren’t making money anymore. Others do it to move jobs out of state or overseas. Some get bought and closed down in a consolidation.

A machine operator called us the other day after hurting her shoulder on the job. There’s no dispute that she got hurt at work. She does a lot of heavy lifting and felt a pop while carrying a piece of sheet metal. It was witnessed by her boss. She went to the doctor right away. And she’s never had problems before or any medical care for her arms.

Her biggest concern is that her factory is slated to shut down at the end of the summer. She’s likely going to have surgery and be off for many months. She wanted to know what happens to her case and what to do when there’s no job to return to.

The good news is she doesn’t get punished because her company is closing. Your benefits are covered because your employer has insurance. That means 100% of her medical bills will continue to get paid, even after the company closes. She will also continue to get paid for her time off work. This continues as long as she has work related restrictions from the injury.

So even if the plant closes in August, if she has any restrictions, she should continue to get paid TTD benefits until her doctor releases her to work. And if when she’s released she has permanent restrictions, they’d have to pay her while she looks for a job and offer job placement assistance if needed.

Beyond that, if the only jobs available due to her restrictions pay less, the old company would have to make up 2/3 the difference and it could make the case worth many hundreds of thousands of dollars. In our experience, insurance companies will also pay top dollar settlements because since the company is closing, they are no longer a client and they have a desire to put that part of business to bed.

As a result while the plant closing is stressful and could negatively impact you, if you have a workers compensation case going in Illinois, it actually makes the case stronger in most instances. In no way should the plant closing hurt your case. Often it helps your case as witnesses become unavailable so the case is your word vs nobody. As long as you are honest and credible you should prevail.

So the bottom line is don’t stress, at least not about your work injury claim. We can protect you on that and make sure your benefits are maximized. If you’d like a free consultation, please reach out any time at 312-346-5578. We help everywhere in Illinois.

Didn’t File For Work Comp Because Didn’t Know What It Was

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

Under Illinois law, your employer is supposed to post notices of your rights under the Illinois Workers’ Compensation Act and make it obvious what to do if you get hurt while working. The reality is that doesn’t happen.

If you are a construction worker, you might not have an office you go to to see this posting. If you work in a big warehouse or factory, you might simply not see it or go to the break room where it’s posted. Some employers just blatantly ignore the law.

As a result, we’ve seen a trend of workers getting hurt on the job, but not realizing that work comp benefits are a thing. Shamefully, their employers don’t tell them about their rights either.

Two recent calls to my office show what typically happens. In case one, a woman did a very heavy duty job. In fact she was the only woman who worked with 30 other men. She injured her back due the heavy lifting and was told by her doctor she had a pinched nerve. Her boss told her she could file for short term disability. That ran out. Fortunately six months after she got hurt, a friend mentioned that she should look into getting a work comp lawyer. We explained what her rights are and set the case in motion from there.

In the second case, a guy had worked a similarly heavy duty job for ten years. He hurt his elbow and shoulder and told his employer. They fired him the next day despite this being his first reported work injury ever. He’s been going to his own doctor and community clinics. He overheard someone at the clinic talking about workers comp which was the first he ever heard of it after four months of being out of work. That led him to call us.

While every case is different, you don’t get punished because you didn’t know what work comp was. By that I mean you don’t lose your rights to bring a case just because you didn’t do it right away. There are still time limits for filing a case (three years from the injury date in most cases) and for reporting the injury to the employer (within 45 days of when you know you have a work related injury), but as long as you don’t miss those time limits, you should still be eligible.

The bad news is that both of these workers missed out on getting the quality care that would have come with getting work comp right away. It makes it harder to get a good orthopedic doctor. It means they have to financially struggle while they can’t work. It likely lengthens their recovery time.

The bottom line is that if you found out after the injury that Illinois workers comp laws exist, all is not lost. We can still likely help you and are happy to offer a free consultation to discuss your claim. Call us any time at 312-346-5578 for a free consult covering all of Illinois.

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