Cervical Myelopathy and Workers’ Compensation

By Mike Helfand on Posted in Injuries

I had major neck pain earlier this year. It sucked. I did not have an accident and fortunately for me, after two months it resolved with some physical therapy. It certainly made me even more sympathetic for injured workers I have helped who have had neck problems. And most of their injuries were much worse than mine.

It is common for a job to cause or contribute to neck pain. While I had a simple neck strain, other problems can be herniated discs or in the most serious cases something called cervical myelopathy. If you’ve been diagnosed with cervical myelopathy, and you work a physically demanding job, you may have a workers’ compensation claim even if you never had an accident.

What Is Cervical Myelopathy?

Your spinal cord runs through a narrow channel in the bones of your neck (the cervical spine). Cervical myelopathy occurs when that channel becomes compressed and squeezes the spinal cord itself. This is different than a pinched nerve that typically causes pain or tingling in one arm. Cervical myelopathy involves the cord, which means it can affect your entire body below the area of compression.

Common symptoms include:

• Weakness, clumsiness, or numbness in the hands and fingers
• Difficulty with fine motor tasks like buttoning a shirt or writing
• Weakness in the legs and balance problems
• A heavy, stiff feeling in the arms or legs
• Bladder or bowel difficulties (in the most serious cases)

How Does Cervical Myelopathy Happen and How Is It Treated?

Cervical myelopathy tends to develop gradually, which is one reason why workers often dismiss early symptoms as normal aches, aging, or fatigue. By the time the diagnosis is made, the spinal cord may have been under pressure for months or years.

Mild cases may initially be managed with activity restrictions, physical therapy, and close monitoring. However, because compression of the spinal cord carries a risk of permanent neurological damage, most cases of cervical myelopathy are treated surgically.

The two most common procedures are anterior cervical discectomy and fusion (ACDF) and posterior laminectomy. With ACDF surgery, the doctor reaches the spine from the front of the next, removes the disc or bone material that is compressing the cord, and fuses the vertebrae together. With posterior laminectomy surgery, the doctor approaches the spine from the back of the next and widens the spinal canal to relieve pressure.

Recovery from either surgery can take months, and some patients require ongoing physical therapy or they live with lasting neurological limitations even after a successful surgery.

Cervical myelopathy can have a natural degenerative component (due to aging), but workplace activities can accelerate it, aggravate a pre-existing condition, or directly cause the trauma that triggers symptoms. Under Illinois workers’ compensation law, aggravation of a pre-existing condition is fully covered. Even if you had some arthritis in your neck, for example, your medical bills and time off of work should be compensated. You should pay nothing out of pocket for your medical care.

Illinois Workers Compensation Laws For Neck Injuries

You can injure your neck on any job of course, but some are more common than others. Jobs that carry an elevated risk of developing cervical myelopathy include:

• Construction and heavy labor: repeated overhead work, carrying heavy loads on the shoulders, and vibration from tools all place chronic stress on the cervical spine
• Warehouse and manufacturing work: frequent lifting, bending, and awkward neck postures over a long career
• Truck and equipment operators: sustained whole-body vibration and prolonged fixed-neck driving positions
• Healthcare workers: patient handling, repositioning, and transferring puts significant force through the neck and upper back
• Overhead trades: electricians, painters, drywall installers, and HVAC technicians who work with their necks extended for long periods

Because of the big costs associated with the medical care and lost wages in a cervical myelopathy case (and because they care most about their bottom line), insurance companies often argue that cervical myelopathy is purely degenerative (a result of aging) and has nothing to do with work. They have doctors who will say exactly that. Winning a workers’ compensation claim for cervical myelopathy requires strong medical evidence linking the job activities to the development or worsening of the condition, as well as an attorney who knows how to handle the insurance company’s tactics.

You can not hire an inexperienced work comp attorney or one that has not handled at least dozens of similar cases. This is such a serious injury that it requires getting the best Illinois work comp attorney you can find. We have helped injured workers since 1997 and have a state wide network of top attorneys with similar backgrounds of success. In other words, we can help you anywhere in Illinois.

Every case is different, but having the right lawyer for a case like this can literally be the difference of hundreds of thousands of dollars as well as getting you the care that you are entitled to and need to make your injury better.

If you’ve been diagnosed with cervical myelopathy and believe your work contributed to it, contact us and we can connect you with an experienced Illinois workers’ compensation attorney who has successfully handled cervical myelopathy claims. They will put your interests first and only get paid if they get a settlement for you. Call us at 312-346-5578 or fill out our contact form any time for a FREE, confidential case review.

“I Need A Doctor Who Takes Workers Compensation Cases”

By Mike Helfand on Posted in Benefits

We have helped tens of thousands of injured workers since 1997. If you would like a FREE case review, please contact us any time at 888-705-1766.

An injured worker started a live chat with us and the first thing that they said is that they need to find a doctor who takes workers’ compensation cases. While that is not a common problem, it does come up from time to time.

Some things you should know:

  • Under Illinois law, you not having health insurance does not matter if it’s a work related injury.
  • There is no “in network” when it comes to work comp medical care. You can see any qualified doctor.
  • Most doctors will take work comp cases because they know they will get paid. Some do not because they think they will have to testify in litigation which is almost always not the case, especially if they are not orthopedic doctors.

The mistake this injured worker made is she did not seek out our help until six weeks after her accident. She said that she had been asking her boss who she can see and also the insurance company and everyone is making her wait.

Under Illinois work comp law, you do not need to wait for approval and should not wait. You should get to a doctor ASAP. Worst case scenario is you go to the emergency room and get a doctor recommendation from there.

We, as lawyers, of course know tons of doctors that handle work injury cases and do a great job taking care of their patients. We are happy to recommend a doctor to you if needed. What we will not do is insist that you see a certain doctor or recommend a doctor because they send us their patients. A lot of attorneys do this, and in my opinion, this is a huge and I mean HUGE red flag. If a lawyer is really pushing you to use a certain medical group, in my experience, there is something in it for them.

You also want to avoid a doctor that the insurance company sets you up with. If they are choosing them, it is often because they have a relationship with them and the doctor will look out for the interests of the insurance company. The same is true with company clinics. It is OK to go there right after you get hurt, but it should not be your primary source of treatment if your injury is something that needs more than a one time visit.

So while there is a lot to worry about, finding a good doctor should not be one of those things. We can help with that just like we can help with any other aspect of your case.

If you would like a FREE, confidential case review, please reach out any time. We will give you the same guidance that we would give to a friend or family member and will do whatever we can to protect you.

Death On The Job, When Do Benefits Start?

By Mike Helfand on Posted in Benefits

I can not even imagine the horror of a spouse or parent going off to work as healthy as can be and then having an unexpected death. Sadly, it happens a lot in Illinois. In the last year alone we have been consulted on cases where people have died on the job from gun shots, car accidents, being crushed by a machine, heart attacks while lifting heavy material, truck crashes and assaults.

While it is little consolation, Illinois workers’ compensation law provides very strong benefits. This includes:

  • Funeral payments up to $10,000
  • Payment of all medical bills related to the accident
  • Payment of 2/3 of the decedents average weekly wage for up to 25 years or $500,000, whichever is greater

Obviously the last benefit is the most important one and it is available to spouses, minor children or others who were financially dependent on the person who died.

A question we have received multiple times is when should these benefits start? The answer is immediately.

Unless there is some real dispute as to whether or not the death is work related, payments should start right away. If your spouse is killed as a passenger in a car crash on the way to visit a client, there should be no dispute. If they died of a heart attack, it might be reasonable to investigate what they were doing when that happened. You have to prove the job activities increased the risk of the heart attack happening.

The reality is that insurance companies are ruthless and make money by not giving it away or paying when they are supposed to. So even in situations that seem obvious, they will claim to be conducting an investigation when in reality they hope that you will just give up or some miracle evidence will occur. That is true even in obvious cases like dying in a car accident on the way to visit a client.

The only possible defense to a car accident death on the job would be if you were driving inebriated or recklessly. Those facts are usually readily available, but we have seen insurance companies take months to “investigate” what happened.

Or in another situation we consulted on, a worker was shot and killed while being robbed at gun point. When the victim’s spouse called us it had already been four months since the death and no benefits had been provided. That is shocking, disturbing and simply gross.

Insurance companies have the right to withhold payments when there are legitimate questions or disputes. In most death on the job cases in Illinois, there is no dispute. That does not stop some insurance companies from violating the law.

When this happens, the only option is to hire an attorney who can file a motion for benefits to be approved as well as penalties and fees for an unreasonable delay. Some people do not want to do that because they will then have to pay the lawyer 20% of what is recovered. The good news on that is that in cases like this, attorney fees would be capped.

Beyond that, if you hire a lawyer right away after the death just to make sure nothing goes wrong, attorney fees are limited to $100 if there is no actual dispute at all. We have helped multiple families over the year this way and it is our pleasure to take no fee when we simply act as a security blanket in case the insurance company does something wrong.

If you have any questions about this or would like help with a case, call us at 312-346-5578 for a FREE, no commitment call with a lawyer. We help all over Illinois.

Estimate Of What My Illinois Work Comp Case Is Worth

By Mike Helfand on Posted in Benefits

We are experienced Illinois workers compensation attorneys who will talk to you for FREE. Please contact us any time for a free case review with a friendly lawyer.

By far the number one question we get from people is “what is my case worth?” If you have been injured on the job in Illinois, that is a reasonable question. Depending on when you were hurt and where you are in your medical care, the answer will be one of two things:

  1. It’s too soon to accurately tell.
  2. We can tell you, but we need to see your medical records and discuss the case facts.

For active clients, an Illinois work comp attorney will of course have the medical records and know the case facts. When people call us out of the blue, we do not have that.

One recent called did not want an answer to what his case was worth. He just wanted an estimate. “I’m not going to hold you to it, I just want an idea as to what I will get some day.”

Fair enough. I then went through my usual spiel and told him I needed some information to determine what his case might be worth:

  1. When were you hurt?
  2. How?
  3. When did you first go to the doctor?
  4. When did you report it to your employer?
  5. How much money were you earning when you got hurt?
  6. Did you have any other jobs?
  7. Had you treated for similar injuries in the past?
  8. If so what was that treatment?
  9. What medical care did you have for this injury?
  10. What recovery did you make?
  11. Are you back to the old job?
  12. Any permanent restrictions?
  13. Has any part of your case been denied, if so, why?
  14. Are you owed back pay for TTD?
  15. Are all of your medical bills paid?
  16. Do you need any future medical care?
  17. How old are you?
  18. How have you felt since you went back to work?
  19. Was vocational rehabilitation needed?
  20. Do you have other health issues?

Those are the questions I would typically ask. If that seems like a lot, it’s because it is. This is what legal work involves and how we earn our 20% fee when we represent someone. If you skip these steps, you could lose out on a ton of money. And even with this, we might not know what defenses the insurance company has that could affect settlement negotiations. This could be things like surveillance, you not listening to your doctor, a gap in treatment or a whole list of other things.

This caller unfortunately could not give as detailed of a history as we would want with his medical care and I said I would need to see the medical records to give an accurate estimate. That was not an answer he liked and he made clear I would never see them.

As an aside, anything we discuss or learn about your case is confidential. We take that very seriously. This includes keeping medical information between us, you and any other lawyer who works on the case. That’s it.

The reality is that in most cases people ask us too soon what their case is worth. If you do not know your ultimate recovery, it’s all just a guess. This person had a shattered elbow. Based on the limited information I got from him, an estimate would have been between $35,000 and $250,000. That is such a wide range that it is meaningless.

The only way to get a real accurate estimate is to be back to be done with your medical care and able to work or know that you can work within certain restrictions. Without that, a lawyer is just making it up.

Delivery Drivers and Illinois Workers’ Compensation

By Mike Helfand on Posted in Injuries

Being a delivery driver involves fast-paced, physical work that takes a toll on the body. It also comes with risks out on the road. If you’re a delivery driver (whether you drive for a courier company, a retailer/e-tailer, a restaurant, or a third-party delivery service) who has been hurt on the job in Illinois, contact us for free advice and a referral to an attorney who is experienced in getting delivery drivers the workers compensation benefits they deserve.

The work of a delivery driver demands long hours behind the wheel, repetitive lifting and carrying, tight deadlines, and exposure to changing road and weather conditions. Some aspects of the job that may lead to injuries include:

Vehicle accidents. Driving is the core part of the job, which means delivery drivers face risk of collisions from other drivers, bad weather, and long hours on the road. Accidents while driving a route, heading to a pickup, or returning to a depot or warehouse during work hours are covered under Illinois workers’ compensation.

Lifting and carrying packages. Boxes, furniture, appliances, and stacked deliveries are often heavy, bulky, or awkwardly shaped, making it difficult to lift with proper form, especially when working quickly to stay on schedule.

Repetitive trauma. Repeatedly climbing in and out of a van, truck, or car, sometimes hundreds of times a shift, puts stress on the knees, hips, and lower back. Constantly reaching, lifting, bending, twisting, and carrying packages, day after day, can wear down the back, shoulders, and knees.

Slip and fall hazards. Icy steps, wet pavement, uneven driveways, and poorly maintained walkways at delivery stops put drivers at risk of falls, particularly when carrying packages that block their view of the ground.

Dog attacks and problems with other animals. Drivers making stops at homes and businesses are sometimes confronted by aggressive animals, leading to bites or other injuries.

Extreme weather exposure. Drivers working through summer heat or winter cold and snow (clearly this applies to drivers in Illinois) face risks ranging from heat exhaustion to frostbite, plus higher odds of weather-related accidents.

Considering these job hazards, certain injuries show up quite frequently in delivery drivers’ workers’ compensation claims:

• Lower back strains, sprains, and herniated discs
• Knee injuries
• Shoulder and rotator cuff injuries
• Neck injuries
• Fractures and broken bones
• Cuts and lacerations
• Dog bites and animal-related injuries
• Concussions and head injuries
• Sprained or fractured ankles and wrists
• Nerve entrapment conditions
• Heat exhaustion and cold-related injuries
• Whiplash and soft tissue damage

Some of these injuries happen suddenly, in a single accident like a truck accident or a fall. Others, like nerve damage or chronic back and shoulder problems, develop gradually after months or years of repetitive lifting and strain. Illinois workers’ compensation law covers both types of injuries.

Depending on the injury, your medical care may last for weeks or months and prevent you from working during that time. Unfortunately, your employer and their insurance company are not looking out for your best interest. They are looking at their bottom line. Sometimes they argue that a delivery driver wasn’t “on the clock” at the time of the injury. Or that a repetitive motion injury was caused by the person’s activities outside of work. They may send you to their company doctor who might downplay your injuries.

These are just some of the reasons why getting an attorney to look out for you is the smart thing to do. We have represented hundreds of delivery drivers and know the ins and outs of the industry and how to protect you. This includes many cases against UPS, FedEx, DHL, Amazon and other companies. Our state wide network of experienced lawyers gives you the best chance of success and allows you to focus on your recovery. We deal with the insurance company.

If you would like a free, no commitment case review with an attorney, please contact us any time at 312-346-5578. We help everywhere in Illinois and will do whatever we can to help you.

How Long Until The First Work Comp Check Arrives?

By Mike Helfand on Posted in Benefits

If you have never been hurt on the job before and suddenly can not work due to injury, you will likely have a lot questions. Among those can be:

  • How will I pay for my medical care? Under Illinois workers’ compensation law, all of your related medical care is paid for. You do not need health insurance.
  • What is my case worth? It’s too soon to tell and will depend on your recovery and treatment.
  • Is it OK to give the insurance company a recorded statement? We strongly recommend that you do not.

And a lot of people want to know when their first check is going to arrive.

This is a sensible question for a lot of reasons. You will not be getting your regular paycheck, so you need to know when you are going to receive money so you can plan your life. If you live paycheck to paycheck, it is especially important. There are bills to pay and if you go without the money you are entitled to, you could end up homeless, get sued for debts, etc.

Generally speaking, your first check should arrive within two weeks of when you went off of work. The key point is that it must be a doctor who takes you off work, your employer can’t accommodate restrictions if you have any and the insurance company needs to receive a copy of that doctor’s note.

Unfortunately this timeline is not always followed. Just the other day I was called by an injured worker who tore his ACL six weeks ago and still has not been paid.

Why Do Work Comp Insurance Companies Delay Payments?

There can be a variety of reasons why your first TTD check (lost time payment check or temporary total disability) does not arrive in a timely manner. This includes:

  1. There are legitimate questions if you were hurt at work. If your initial statement to your doctor was that you were hurt at home, your case will be denied. If a co-worker or your boss says that you got hurt outside of the job or were drunk, your case will be denied. That does not mean that you will not win your case, but that there is work to be done.
  2. There are legitimate questions as to if your case is covered under the Illinois Workers’ Compensation Act. This can include unexplained falls, injuries traveling to work, fights where you are the aggressor, some mental stress cases and many other reasons. Often an insurance company will say you do not have a case under Illinois law. Do not believe them. Always verify with an experienced Illinois workers’ compensation lawyer.
  3. The insurance company is disorganized and not worried about paying you in a timely manner or have their own policy of waiting just a little bit longer. That sounds nuts, but it happens. When you get hurt, your case gets assigned to a claims adjuster. It won’t get paid until he/she enters it into their system and requests a check. Some of these people are very lazy. Some are cruel. Some quit and you then are waiting on a new adjuster to pick up their caseload and review all of your files. Sometimes that process takes weeks or months. There is a solution to this which I will shortly discuss.
  4. The insurance company is trying to frustrate you. There are some insurance companies that act as third party administrators or TPA’s for big companies. Those big companies are self insured and hire TPA’s like Sedgwick, Gallagher Bassett and others to handle their Illinois work comp cases for them. There is pressure to keep those costs down, otherwise they could lose that big, lucrative business. So in some cases, insurance companies as a strategy will just not pay without reason. Their hope is to frustrate you enough that you will give up.

The solution to all of these delay issues is to formally file a case with the Illinois Workers’ Compensation Commission. This is the first thing an attorney does when you hire them. What this does is put pressure on the insurance company to respond. It also gives you and your lawyer the ability to force action.

We do this by filing what is called a 19(b) petition for immediate hearing and sometimes by filing for penalties and fees against them for an unreasonable delay. What this does is get your case before an Arbitrator and requires the insurance company to disclose the reason why benefits have not been paid. While every case is different, often just filing this motion will get you paid both retroactively and going forward.

It’s not a lawsuit, but it is you and your lawyer going on the offensive to make sure that the law is followed. When people say they want an attorney who is aggressive or who will look out for them, this is the text book example of that.

We have helped tens of thousands of injured Illinois workers and would love to help you. Please contact us any time to speak with a lawyer and get a free case review. We will do whatever we can to help you.

Nerve Entrapment Syndrome and Illinois Workers Compensation

By Mike Helfand on Posted in Injuries

Nerve entrapment syndrome (also called a “pinched nerve” or “compressed nerve”) happens when a nerve is squeezed, pinched or stretched. This pressure interferes with the nerve’s ability to send proper signals, causing symptoms like numbness or tingling (like the body part has “fallen asleep”); burning pain; sharp, shooting pain; and muscle weakness.

If you’ve developed some of these symptoms in your hands, arms, or legs after years of physical work, you may be dealing with nerve entrapment syndrome. You likely also have a legitimate workers compensation claim, and we can connect help you with your case via our state wide network of experienced lawyers. Contact us any time for a FREE case review.

There are various types of nerve entrapment syndrome, and they vary based on the nerve affected and where the nerve is located. Some common ones include:

  • Sciatica is the compression of the sciatic nerve or nerve roots in the lower back or glutes.
  • Tarsal Tunnel Syndrome is the compression of the tibial nerve in the ankle leading to feet and/or heel pain.
  • Cubital Tunnel Syndrome is the compression of the ulnar nerve at the elbow and causes funny bone pain and numbness in the fingers.
  • Carpal Tunnel Syndrome is the compression of the median nerve in the wrist and causes finger numbness and grip weakness.

These of course are not the only kind of nerve entrapment problems. And in helping injured workers since 1997, we have seen injuries with nerve entrapment to pretty much every body part.

Developing Nerve Entrapment on the Job

Nerve entrapment is frequently a part of a work-related injury. It typically develops slowly over months or years, and many workers don’t always make the connection between their work activities and nerve entrapment. Here are some of the causes:

Repetitive movements. Assembly line workers, meatpackers, cashiers, and machine operators perform the same motions thousands of times a day, placing constant stress on the same nerves.

Vibrating tools. Construction workers and mechanics who regularly use power tools, jackhammers, or heavy machinery are vulnerable to nerve compression.

Sustained gripping or pinching. Jobs requiring workers to grip tools tightly for long periods put ongoing pressure on nerves.

Awkward or prolonged postures. Bending body parts frequently or holding a position for extended periods can gradually compress a nerve.

Treating Nerve Entrapment

Treatment depends on how severe the compression is. Mild to moderate cases usually begin with splinting or bracing the affected joint, especially at night. Steroid injections or anti-inflammatory medication are common, as is physical therapy or occupational therapy. In severe cases, or if conservative treatment doesn’t work well enough, surgery may be needed.

With conservative care, activity modification and work restrictions may be necessary at work. With surgery, recovery can take weeks or months, requiring time off of work and ongoing rehab.

Workers Compensation Claims For Nerve Entrapment

Nerve entrapment cases are serious injuries. You are generally entitled to two things under the Illinois Workers’ Compensation Act:

  1. 100% of your medical bills paid for. You do not need health insurance and should pay nothing out of pocket.
  2. Payment for your time off work. This is called TTD which is 2/3 of your average weekly wage, tax free.

While those benefits are mandatory, a settlement is not, but you can get one by formally filing your case with the Illinois Workers’ Compensation Commission. This is where an attorney comes in. What your case is worth will depend on a variety of factors including your wages, the treatment you get and your recovery.

Even when it seems like the insurance company is doing everything right, they are looking for ways to end or minimize your benefits. They do this through things like:

  • Nurse case managers who interfere with your care
  • Independent medical exams (IME) with hired gun doctors
  • Recorded statements which you do not have to give
  • Trying to access medical records they have no right to possess
  • Surveillance

Hiring an Illinois workers compensation attorney who has deep experience in nerve entrapment cases is critical. You need to be prepared for these insurance company tactics and prevent them from happening when possible.

A skilled Illinois workers’ compensation attorney will use evidence to establish the link between your injury and your work. Insurance companies often argue that nerve entrapment is a pre-existing condition unrelated to the job. The attorney will also help ensure that you’re getting the right medical care and that you’re being seen by qualified specialists.

The very first step, though, is to reach out to us. Call us at 312-345-5578. We have helped tens of thousands of injured workers and would love to help you. We promise to give you the same guidance we would to a family member or friend.

Dumbest Thing I Have Seen An Illinois Work Comp Lawyer Do

By Mike Helfand on Posted in Tips if Injured

A lot of people contact us after having communicated with other attorneys about their case. I can usually tell when the other lawyer only dabbles in Illinois workers’ compensation cases, because the longer the call last, the more that I hear that is wrong. Simply put, it is not unusual for inexperienced or bad Illinois workers’ compensation lawyers to give terrible advice.

This was the case with one recent caller and it was a two for one special of stupidity.

When the worker called, I looked up their name on the Illinois Workers’ Compensation Commission website to see if a case had been filed and if so, what the lawyer had done. I do this because sometimes I see that the lawyer is doing everything correctly and other times I see that they have done nothing.

In this case, there was no case filed, but the caller said they had a lawyer. This is where dumb issue number one came up. The attorney told the client that he can continue to navigate his case with the adjuster and that they will step in when the case is ready to settle. Huh? That makes no sense. A lawyer should have a case on file so they can act if they need to and so the insurance company can be on notice that someone is looking out for your rights. It also allows you to focus on your health, not unpaid bills or late TTD checks.

That was a pretty insane thing to hear, but the next thing blew my mind.

This worker is an employee of a company that has continued to pay him while he is off of work. That is unusual, but ok. At the same time he has also received TTD payments from the insurance company. In other words, he’s getting paid double.

While that sounds awesome, it is against the law. Instead of the attorney telling the client that they need to sort it out, he told them to not tell anyone and just keep it. In other words, this lawyer told a client to commit insurance fraud!

That is the most baffling and stupidest thing I have ever heard a lawyer say to a client. They told them to commit a crime.

The proper way to handle this is to have the lawyer call on behalf of the client (anything you say can and will be used against you) and arrange for reimbursement to the employer or the insurance company. When you are upfront and honest and treat it as an error, you do not get in trouble. And if you do not have the money, it can likely come out of the settlement which would just be reduced (not the best way to handle it, but I have seen it happen when there is an overpay).

What you can’t do is know that you are committing fraud and just hope you get away with it. That is how people get arrested. And for this lawyer to act like it is not a big deal is just shocking.

These types of lawyers always say the easy thing instead of the hard or honest thing. They tell you early on you will definitely win or get a certain dollar amount even if they know that they are just making it up. They won’t discuss with you about not posting on social media. Often they send you to a doctor buddy instead of encouraging you to get the best medical care possible.

Lawyers like this are screaming red flags. I can not even imagine what terrible advice he has given other clients.

If you notice a lawyer saying things that sound too good to be true, I strongly recommend you use common sense and seek another opinion. These types might seem great up front, but in the end it is you that will suffer while they move on to the next case.

Illinois Work Comp Attorney Tells Client, “I Don’t Do Disputes”

By Mike Helfand on Posted in Tips if Injured

Man, I rarely get shocked by the terrible performance of some Illinois workers’ compensation attorneys, but boy was I stunned recently.

An injured worker with a very big company had a major leg injury before they started their job. They were able to work the heavy duty job for about six months and then a forklift ran into them and made the leg injury worse. They now need a surgery that will be very involved.

This worker got an attorney right after the accident and received medical and lost time benefits for about four months. Then surgery got scheduled, approved and suddenly there was a delay.

Of course the insurance company for this big company got a hold of their old medical records and got a hired gun doctor to state that the need for surgery is this old problem, not from the impact of the forklift. So surgery is not approved.

Putting aside the fact that the defense to this case is a joke, it is now time for the lawyer to spring into action and do what they were hired to do. They need to protect their client. That, unfortunately, is not what happened.

“I Don’t Do Disputes”

When the injured worker called his lawyer to ask how he was going to be able to get the surgery, his attorney told him, your case needs to go to trial. But I don’t do disputes.

Uhm, what???

I looked this attorney up and his firm does all sorts of areas of law including criminal defense and traffic cases. The lawyer does mention work comp on his page, but nowhere does it say that he only handles easy cases that settle without a problem.

This certainly would have been useful information for this worker to have before they hired this attorney, especially because their employer is known for being very difficult on work comp cases.

The end result is not terrible as it is an easy case to win and there are plenty of good attorneys that will take a case to trial at the Illinois Workers’ Compensation Commission.

This is a great example of why we recommend that before you hire an attorney, ask them how many trials they have handled in the last year. Nobody should want to go to trial, but if it has to happen and you do not have a fighter in your corner, you are screwed.

I know plenty of defense attorneys that do not like to take cases to trial either. The difference is that they get paid by the hour so they will grin and bear it.

An attorney like this guy should not be taking cases at all. Complete joke and terrible advocacy for those he is supposed to help.

One more thing. I was expecting this lawyer to be in his 70’s or older given how little he appears to want to work. He wasn’t that old, but is in his 60’s. I know a ton of lawyers in that age bracket who are still highly motivated, but also a bunch that only work because they have to or do not want to be at home all day. It is another thing to look out for before making a choice as to which firm to hire.

Workers Comp Stopped Paying For No Reason

By Mike Helfand on Posted in Benefits

Some people do not believe me when I tell them that insurance companies in workers’ compensation claims are ruthless, often break the law and no matter how nice they seem, they are not looking out for you. The “Aha” moment is typically when the insurance company does something that affects your benefits.

This was the case of an injured worker who called me after being on work comp benefits for around six months for a torn rotator cuff and other injuries. A month ago he would have told you that all of his medical care had been paid as had all of his time off work.

Since then, this has happened:

  • TTD checks have stopped
  • The insurance adjuster will not call back the doctor to approve surgery
  • The insurance adjuster will not respond to calls or emails

All of this has been done without any new evidence happening on a case. There has not been an independent medical exam (IME). There are no discrepancies in the medical records. The injured worker has been diligent in his physical therapy. He has never filed a work comp case before.

So his question was, how can an insurance company stop paying on a work comp case without reason?

The answer is they can not do this legally, but they can if there is no case filed at the Illinois Workers’ Compensation Commission.

Essentially they are banking on two things.

  1. They hope you do nothing about it. Some people get so frustrated that they just give up. They do not think they can do anything about a multi billion dollar insurance company. So hurt people will risk their health, ignore their doctor and try to work.
  2. That if do get an attorney and file a case that they can say they were “investigating” new information or in the process of scheduling an IME. This is all nonsense, but for workers who do not get aggressive attorneys it becomes a case of no harm, no foul. In other words, the worst case scenario for the insurance company is often that they have to pay benefits that they would have paid anyways.

Does this sound nuts? It does and it is, but it is also the reality of how insurance companies work.

First thing to know is that “taking on” a billion dollar insurance company is not a big deal at all. In fact that happens in every filed Illinois workers’ compensation case of which there are over 40,000 every year. It is quite simply what lawyers do.

Second thing to know is that it costs nothing to hire a lawyer. Insurance companies have been known to tell injured workers that work comp attorneys are expensive. This is simply a lie. It is literally nothing up front to get a lawyer for a work injury.

Third is that if they say they did not pay you for a while because they wanted to schedule an IME or they lie about an investigation, there is something an aggressive attorney can do. We can file for penalties and fees which could result in you getting 150% of what you are owed for TTD and they would have to pay your lawyer a fee too.

The key is to have an aggressive attorney who will really advocate for you. Otherwise they get away with this nonsense.

The bottom line is that it is true that work comp benefits get cut off or denied for no reason. It sucks. It is dumb. But it is also a very solvable problem and one that we have helped reverse thousands of times.

If you would like a free case review, it would be our pleasure to help you. Please contact us any time at 888-705-1766.

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