Hand-Arm Vibration Syndrome (HAVS) and Illinois Workers’ Compensation

By Mike Helfand on Posted in Injuries

Many jobs require workers to use power tools or vibrating equipment every day. Over time, that constant vibration can cause a serious medical condition known as Hand-Arm Vibration Syndrome, or HAVS.

Hand-Arm Vibration Syndrome is a condition that affects the nerves, blood vessels, and muscles in the hands and arms. It develops after repeated exposure to vibration, usually from handheld tools. HAVS does not happen overnight. It builds up slowly, often over months or years of doing the same type of work.

One of the most common symptoms is numbness or tingling in the fingers. Some workers notice that their fingers turn white in cold weather. This is sometimes called “vibration white finger.” Others experience a loss of grip strength, clumsiness, or difficulty picking up small objects like coins or screws. As the condition gets worse, the damage can become permanent.

How HAVS Develops at Work

HAVS is most often caused by regular use of vibrating tools such as jackhammers, grinders, sanders, drills, impact wrenches, and chainsaws. The vibration from these tools travels from the hand into the arm and can damage small blood vessels and nerves.

The risk increases when workers use vibrating equipment for long periods without breaks, in cold environments, or without proper protective equipment. The longer and more often a worker is exposed to vibration, the higher the chance of developing HAVS.

Because the condition develops slowly, many workers do not connect their symptoms to their job right away. They may think their hands are just tired or that numbness is temporary. By the time they seek treatment, the condition may already be advanced.

Jobs That Are Higher Risk

Certain professions are more likely to lead to HAVS. Construction workers frequently use jackhammers and power drills. Factory and assembly line workers may use vibrating hand tools every shift. Mechanics often use impact tools. Landscaping and tree service workers may operate chainsaws and other vibrating equipment. Even some warehouse and manufacturing jobs involve long-term exposure to vibration.

Diagnosis and Treatment

There is no single test that proves HAVS, but doctors can diagnose it based on your symptoms, work history, and physical examination. Nerve testing and other studies may be used to rule out similar conditions.

Treatment usually focuses on stopping or reducing vibration exposure. This may mean changing job duties or using different equipment. Doctors may recommend medications to improve circulation or physical therapy. In more serious cases, permanent nerve or vascular damage can occur. The earlier HAVS is diagnosed, the better the chances of preventing long-term damage.

Illinois Workers’ Compensation and HAVS

Under Illinois workers’ compensation law, you are entitled to benefits if your job caused or contributed to Hand-Arm Vibration Syndrome. This includes 100% payment of medical bills, wage benefits if you cannot work, and compensation for permanent damage to your hands also known as a settlement. What your case is worth depends on a lot of factors including your wages and how severe the injury is.

HAVS cases are often disputed by insurance companies that argue that your symptoms are due to aging, diabetes, or another non-work-related condition. They may also claim there is not enough proof that your job caused the problem.

That is why it is important to speak with an experienced Illinois workers’ compensation attorney. A lawyer can help gather evidence, make sure your claim is properly filed, and represent you if your case needs to be heard before the Illinois Workers’ Compensation Commission.

If you would like us to help you find the best attorney for your case, please call us at 312-346-5578. There is no fee to talk to a lawyer and everyone in our state wide network has a track record of success.

Great Example of How Insurance Companies in Work Comp Operate

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

This is a new case, decided by the Illinois Appellate Court. Below is a summary. Note that this case was not handled by our office. But it really is a great example of how insurance companies in Illinois work comp claims will try to do anything possible to fight your benefits.

The Case Facts

Julie Bulow worked as a rental representative for AIM National Lease. One of her duties was performing “360 inspections” of rental trucks, which meant walking around the trucks and climbing in and out of them. On August 13, 2019, while inspecting a truck, she tripped over a parking block and fell. After the fall, she had pain and injuries in her left leg, ankle, and foot.

Bulow received medical treatment shortly after the accident and was diagnosed with sprains and bruising in her left foot and ankle. But her problems did not go away. She continued to have pain, swelling, numbness, and tingling in her leg and foot. Over time, several doctors evaluated her condition. Some believed she was suffering from Complex Regional Pain Syndrome (CRPS), a painful nerve condition that can develop after an injury. Others thought her symptoms were related to conditions such as tarsal tunnel syndrome or that her original injury had already healed.

The “Intervening” Event

During her recovery, Bulow attended a breast cancer charity event called the “Pledge the Pink” walk. The event involved walking long distances over three days. Her employer later argued that this event caused her later foot and ankle problems. Bulow testified that she had recently undergone breast cancer surgery and did not actually walk the full distance. Instead, she said she spent most of the time riding in a golf cart and did very little walking.
Bulow continued to receive treatment for her pain and eventually underwent pain management procedures. She later had a dorsal root ganglion stimulator implanted in her spine, which helped reduce her pain and improved her ability to function.

The Court Decisions

An arbitrator with the Illinois Workers’ Compensation Commission found that Bulow’s ongoing leg, ankle, and foot problems were caused by her workplace fall. The arbitrator believed the opinions of her treating doctors and found her testimony to be credible. The employer appealed, but the appellate court mostly agreed with the Commission.

The court ruled that the charity walk did not break the connection between her work accident and her medical condition. It also confirmed that the employer was responsible for reasonable medical treatment related to the injury. However, the case was sent back to the Commission to remove medical charges related to shoulder therapy and to determine the correct amount of medical expenses that were actually paid.

My Take

Basically this woman had a very bad leg/ankle/foot injury. It was so bad that she really should not have been doing any walking on it. But that does not mean that she did not have the right to live her life.

She is a breast cancer survivor and wants to support a breast cancer charity. So to me it sounds like she is a good person. The insurance company appears to assume that by going to that event, she must have ignored doctor’s orders and made her problem much worse.

This is what insurance companies will do. They will make assumptions or throw things against the wall to see if it sticks. All of this is done without care for what is best for the injured worker. Fortunately she had a credible excuse. She was there supporting the event and mostly was riding in a golf cart.

In the end, she deservedly won the case. It is a shame that her benefits and care got delayed in any way because the insurance company was playing games. I can only hope that the case results in a humongous settlement or court award to compensate her for everything she has gone through.

Post Surgery Complications and IL Work Comp Law

By Mike Helfand on Posted in Injuries

I was in a year round Christmas store recently. They had a lot of fancy Christmas ornaments and other items. Many or these were made of glass or otherwise appeared very fragile. In every section of the store was signage that said, “You break it, you buy it.” Some of these items were really expensive and I walked very gingerly throughout the store. It was almost a relief to get outside unscathed.

You break it, you buy it can apply to a lot of areas of life. That includes Illinois workers’ compensation law. A recent caller to our office is a great example why.

Long story short is that she had a lifting injury resulting in a hernia that required surgery to repair it. That part of the case and surgery went fine. The problem was that there were post surgery complications including blood in her urine, diverticulitis, and severe intestinal pain.

The work comp insurance company is balking at paying for additional treatment for her for these post surgery complications. The problem for them is that the saying of “you break it, you but it” applies to Illinois work comp cases too.

In other words, any injury that stems from the original injury is part of the work comp case. That means that any post surgery complications that would not have happened without the surgery are part of the work comp case.

So all of the medical care that is related to this should be covered by work comp insurance. They are trying to argue that she had diverticulitis before this, but the reality is that it was not something that required any medical care in any way for years for her. This surgery triggered the need for additional care. It’s just as much a part of the work comp case as the hernia injury itself.

And if for some reason this becomes a permanent, life altering injury, they will have to pay for that too. As long as your problem can be traced back to the original work related injury, it is all a part of one case.

This scenario is a lot more common than you think. It might not always be an intestinal injury, but could also be PTSD, arm injuries from being placed in a weird way during surgery, foot drop from a spinal surgery, sepsis from infections during surgery or even death.

The job of the insurance company is to look out for their bottom line. That is why they fought this case and will usually fight any similar situation. They are hoping that you as an injured worker will not know your rights. But the reality is that they do not usually have much to stand on when push comes to shove. They will need a credible doctor to state that the surgery did not result in these other problems needing medical care. That is a huge hill for them to climb.

So if this happens to you, do not stress. It is a solvable problem and one we would love to help you with. Please call us any time for a free case review at 312-346-5578.

Amazon Vendor Tries To Deny Injured Worker (and Loses)

By Mike Helfand on Posted in Tips if Injured

One thing we do as Illinois workers’ compensation attorneys is constantly read case law on newer cases. Every month there are new decisions at the Illinois Appellate Court. Sometimes these decisions change what the law is, or at least how it is interpreted. Other times these cases provide a road map on how similar cases should be decided in the future.

I do not always agree with these decisions, but most of them make sense. That is certainly the situation on a case that was decided this year for an injured worker who was hurt in August of 2023.

Side note. A lot of Illinois work comp attorneys lie to their clients and claim that if you go to trial it will take forever. I often hear that some attorneys tell injured workers that just going to trial will take 2-3 years. In this case, the worker got hurt, went to trial, won within a few months of getting hurt and the appeal was decided a few months after that. There were two more appeals which is why the case was not finally resolved until this year, but a normal trial does not take very long to happen if your attorney fights for you.

Here is a summary of the case:

Jose Avila was working as a delivery driver for I Deliver Logistics, delivering Amazon packages. While driving in Aurora, another driver cut him off. Avila honked and made gestures. The other driver got out of his SUV, approached Avila’s truck, and punched him. A short scuffle followed.

Avila got back in his truck and drove a few blocks away to make his next delivery. About four minutes later, the same men followed him, jumped him from behind while he was delivering a package, badly beat him, and stole his chain. He suffered facial injuries, broken teeth, a broken nose, headaches, and PTSD. He needed medical treatment and was taken off work.

An arbitrator awarded him workers’ compensation benefits, finding the attack was a “street risk” of his job as a traveling employee. The employer appealed, and the Workers’ Compensation Commission reversed, saying Avila was the aggressor and caused the fight.

The circuit court disagreed and reinstated benefits. The Appellate Court agreed with the circuit court.Even if Avila acted angrily at first, the video showed the other driver threw the first punch. More importantly, the second beating happened minutes later, after Avila had driven away and returned to work. The attackers chose to follow and assault him again, which broke any connection to the earlier argument.

The court reinstated his benefits and sent the case back to the Commission to decide whether penalties and attorney’s fees should be awarded against the employer. Eventually this case settled because the insurance company had no other choice.

My Thoughts On This Case

This is clearly the right decision. It can be expected that if you drive around for your job, you will encounter other drivers. Some of these drivers will be assholes or criminals.

These crazy drivers attacked him. He was injured. The argument against him was that he started it by making gestures. That is nonsense. The attack happened after he left the scene and these people chased him down. They clearly were the aggressors.

What is nuts about this case to me is that aside from it being so clearly a compensable case, his injuries were not that big. They likely spent almost as much on fighting the case as they paid for the settlement. They probably thought that an attorney would not spend time fighting a case like this and fortunately they were wrong.

The key point is that you need to have an attorney in your corner who is both aggressive and willing to go to trial. The attorney could have given up after the original decision was reversed, but they kept fighting because they knew their client was in the right.

Reddit Legal Advice On Illinois Workers’ Compensation

By Mike Helfand on Posted in Tips if Injured

Although a lot of people are going to ChatGPT for legal advice and getting bad information. This isn’t a new phenomenon. People have always gotten legal advice from friends, family, neighbors, co-workers, etc.

And in the last few years, getting legal advice from Reddit has become very popular. Makes sense because an injured Illinois worker can be frustrated and has nothing to lose by reaching out online. Or at lease they do not realize they do because these non-lawyers are very often wrong.

You can look through these posts here. Here is a random one that was posted that I picked.

I spent 14 months in physical and emotional limbo after my body took a beating as a ramp agent, and I’m beginning to wonder if reporting my injury was a mistake given how I’m being treated. Despite undergoing a major left shoulder surgery involving a biceps tenodesis and four anchors, and struggling with a second shoulder injury that the company is trying to dismiss, the IME has hit me with a “0% permanent restriction” rating that feels like a bad-faith setup to force me back and fire me. My own doctor warned me to get legal representation because the system is treating me like a criminal rather than an injured employee. This has completely stalled my life; I’ve been married for three years but remain stuck in a long-distance relationship, unable to move or even feel like a husband because I am so physically and financially limited.

It’s not that the responses to this person are awful. Some are offering prayers. Some are discussing their cases which doesn’t really help this guy, but at least it makes you feel like someone understands. But there are two problems that stick out.

First is that he mentions getting a 0% impairment rating. That is completely irrelevant in Illinois and does not impact what the case is worth at all. Years ago Illinois work comp law was changed to make impairment ratings a factor that could be considered in settlements. In reality it is not used and has not changed what cases are worth in any way.

In other words, do not lose sleep over a hack IME doctor giving a fake rating. It won’t hurt you.

The second issue is that the obvious solution, which even his doctor mentioned, is to get a lawyer. It is free and will solve his problems. With all respect to the commenters, the reality is that is the best advice a non-attorney can give. It sounds self serving for me to say that, but it is true.

If you were pregnant, I’d tell you take advice from an OBGYN. If your pipes are leaking, I would recommend you seek out a plumber. And if you have a legal issue, getting with a lawyer makes sense.

And for Illinois work comp cases, not having an attorney is crazy because it literally costs you nothing and can prevent so many problems. So if your goal of going to AI or Reddit or a friend is to get free advice, why would you not do it with someone who handles these cases every day?

The only risk in getting an Illinois work comp attorney is hiring a bad one. That is one reason we created a state wide network of top attorneys. We connect you with lawyers that other lawyers respect and that we as attorneys know have a great track record of success.

If you have questions and want a free case review or to discuss representation, please contact us any time. We will do whatever we can to help. I can’t guarantee a result, but do promise that the answers will be more accurate than Reddit.

Fractured Diaphragm and Illinois Workers’ Compensation

By Mike Helfand on Posted in Injuries

A fractured or ruptured diaphragm is a serious internal injury involving the large muscle that separates the chest cavity from the abdominal cavity and plays a critical role in breathing. This type of injury usually results from major blunt force or crushing trauma and is often associated with other internal injuries. It is not the most common Illinois work comp injury, but is one that we have helped with multiple times.

Because the diaphragm is essential to normal breathing, a rupture can quickly become life-threatening and often requires emergency surgery. When a diaphragm fracture happens because of a job-related accident, the injured worker qualifies for benefits under Illinois workers’ compensation law.

This post covers how these cases happen and work. If you want a free case review, please contact us any time. We help everywhere in Illinois.

How Do Diaphragm Fractures Happen at Work?

Diaphragm ruptures almost always stem from high-impact events. In the workplace, these injuries are typically linked to severe accidents involving force to the torso. Workers in construction, manufacturing, warehousing, transportation, and heavy industry face higher exposure, but any worker can suffer this injury if subjected to major trauma.

Common job-related causes include:

• Heavy equipment or forklift accidents
• Crushing incidents involving machinery or materials
• Falls from height with torso impact
• Vehicle collisions during work duties
• Structural collapses or explosions

It can also happen to people who drive for work from a car accident. What makes it unique is that it is almost never from a repetitive activity unlike most other Illinois work injuries.

Symptoms and Medical Complications

A diaphragm rupture is often difficult to diagnose at first because it can occur alongside other big injuries. Symptoms can include chest pain, abdominal pain, shortness of breath, and signs of internal bleeding. In some cases, abdominal organs can shift upward into the chest cavity, creating other complications involving the lungs and heart.

Diagnosis usually requires advanced imaging like CT scans and specialized radiology studies. Treatment commonly involves surgery to repair the tear, followed by hospitalization and careful monitoring. Recovery time can be substantial, particularly if there are related lung or organ injuries.

It is incredibly important for your health, not just your case, that you get to a doctor right away. Going to a local emergency room usually makes the most sense if you have these symptoms.

Medical Treatment Under Illinois Workers’ Compensation Law

If the injury happened while at work, workers comp should cover all necessary medical treatment connected to the injury. This generally includes emergency care, surgery, hospital stays, diagnostic testing, follow-up treatment, medications, and rehabilitation. The goal of the system is to ensure that an injured worker gets appropriate medical care without paying a cent out-of-pocket.

Because diaphragm injuries are severe and costly, insurance companies sometimes dispute medical the extent of “necessary treatment” or whether later complications are related to the original accident. Detailed medical documentation as well as an experienced attorney on your side are especially important in these complex cases.

Temporary Disability Benefits While You Recover

Most workers with a diaphragm rupture cannot return to work for a significant period of time. While you recover, you may qualify for temporary total disability benefits. These payments are designed to partially replace lost wages while your doctor keeps you off work. The amount is based on a percentage of your average weekly wage. Benefits should continue as long as you remain medically unable to perform your job duties or your employer can not accommodate your restrictions.

These payments are called TTD benefits and are 2/3 of your average weekly wage. They are also tax free.

Permanent Effects, Long-Term Disability and Vocational Rehabilitation

Some workers recover well after surgical repair, but others are left with lasting damage. Ongoing breathing limitations, reduced endurance and stamina, chronic pain, or complications involving the lungs or digestive system can interfere with a return to full-duty work. Whether you make an amazing recovery or have long term problems more compensation is available through a permanent disability award or settlement,

Long-term effects may include:

• Reduced lung capacity
• Chronic respiratory symptoms
• Permanent activity restrictions

If your restrictions prevent you from returning to your former job, work comp should provide vocational rehabilitation benefits. These services help injured workers reenter the workforce in a position suited to their current abilities.

Legal Representation Matters

Diaphragm rupture claims tend to involve extensive and expensive medical care. Because of this, insurance carriers are more likely to closely review these claims and often dispute them. An experienced workers’ compensation attorney can help coordinate medical evidence, address any questions brought up by the employer or insurance company, and handle all hearings and settlement negotiations.

Contact us for a FREE case review with an attorney who has substantial experience representing workers with serious internal and diaphragm-related injuries. An attorney with an understanding these injuries can literally make your case worth tens of thousands of dollars more. Call us at 312-346-5578 or complete our contact form.

Illinois Work Comp, Your IME May Be Rigged

By Mike Helfand on Posted in Benefits

I am a part of a group chat that hundreds of Illinois injury lawyers from across all fields are a part of. It is really helpful as we share information, discuss cases and how to best win them and generally work toward helping clients.

As part of this group chat, there was a conversation about who is the biggest hired gun IME. A lot of names were said, but there were three in particular that were heavily discussed.

If you are not aware, IME stands for independent medical examination. It gives the insurance company/employer the right to send you to a one time exam with a doctor of their choosing. That doctor is not there to give you medical treatment. They are there to offer an opinion as to what your injury is, is it work related and what future treatment and time off work you need if any.

For an overview of IME’s, here is everything we have written about it. Illinois IME Overview

In theory, this doctor should just give an honest opinion. Doctors are supposed to “do no harm” according to their oath. In reality, it is a big business for many of them. Some make more than seven figures every year from these exams.

Who Is The Worst IME Doctor In Illinois?

Most of the doctors who do IME’s are orthopedics. That makes sense because most work injuries involve treatment by orthopedic doctors. There is one in particular who was described in a bunch of colorful ways by various lawyers on this chat, including:

  • “He is a Whore with a capital W. Worst one around.”
  • “He does around 200 of these exams every year. I have seen around 75 reports from him and they all read the same. Only one time did he agree with the treating doctor.”
  • “I’m convinced he uses AI to generate these reports. They are so similar and have common mistakes associated with AI like messing up the actual surgery date.”

There were a bunch of other interesting comments to say the least.

The most relevant is that he pretty much never agrees with the treating doctor. If you ever have an injury and go for a second opinion, you will find that doctors tend to agree with each other’s findings over 90% of the time. That is because the treating doctor usually gets it right. And those doctors are only motivated to help you. IME doctors are motivated by their pocketbook. If they hurt hundreds of people along the way, they have their yacht and multiple homes to make them feel better.

So Am I Screwed If I Get Sent To One Of These Doctors?

The good news is that not only do lawyers know who the hired gun IME doctors are, but so do the Arbitrators who make rulings on Illinois workers’ compensation cases. They are not dummies and even ones that tend to lean toward favoring the insurance company do not usually give any credibility to these bad faith physicians.

The bad news is that an IME like this could be used to deny your benefits. It can take 3-6 months before you can get a trial hearing because your attorney has to take a deposition of your treating doctor and the IME. So it is certainly possible that your claim will be wrongly denied for a bit before you get a ruling in your favor.

And that is why insurance companies continue to use these doctors. They know that they have no credibility, but it gives them cover to act badly and put pressure on you. Their hope is that you will be financially desperate and need to settle your case too soon or forgo medical treatment that you need.

It is why having an attorney file the case BEFORE the IME is so important. We can be prepared to strike back quickly so any delay has minimal effect on your life. We also often have pre-trials before the Arbitrator if we know they are aware of how bad the IME doctor is so they can make clear to the defense attorney and insurance company that they are fighting a losing battle.

A good lawyer can also prepare you for the IME, including properly documenting what happened which will aid in taking that doctor’s deposition.

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If you have any questions or concerns about an IME or want a free case review, please call us any time at 312-346-5578. We have a state wide network of great lawyers and would love to help you.

Work Comp – Do You Need A Lawyer When The Insurance Company Is Working With You?

By Mike Helfand on Posted in Tips if Injured

This post comes from a recent live chat that I had with an injured worker. He had been injured on the job a few months prior and posed this question to me:

Should I even consider a lawyer if my employers insurance is working with me at the moment?

It is a common question we get and certainly one that goes through the minds of a lot of injured workers. My usual response is to ask what is your injury? If it is a relatively minor injury and your care will be over soon, you probably do not need a lawyer. On the other hand, if it is a bigger injury that is going to require medical treatment for a month or more, it is always at least worth a discussion.

It is always free to talk to an Illinois workers’ compensation attorney. It’s also confidential and no commitment. If you ever want a free consult with an experienced, just contact us any time.

In this case, the worker had a major leg injury that already required surgery. What I told him was that even when it seems like the insurance company is trying to do everything right, they are always looking for ways to deny, delay or minimize your care.

What Do Illinois Workers Comp Insurance Companies Do To Fight Your Case?

I gave this worker some warnings as to what could happen and it turns out the actions work comp takes, even when they seem to be doing everything right, were already happening. In his case this included:

  • A nurse case manager had been assigned to his claim. She was scheduling medical appointments for him based on her schedule so she could attend (that is not allowed by law).
  • She lied and told him that the medical bills will be paid, but only if she is allowed to talk to the doctor to discuss a treatment plan. This is another lie. It is against the law for them to talk to your doctor without your permission and they have to pay 100% of all related and reasonable medical expenses. She was hoping to talk to the doctor to try and find a way to reduce care and time off work. None of this is in the best interests of the patient/worker.
  • They got him to sign a general release form to access all of his medical records including some he doesn’t want them to see that have nothing to do with his injury.

There is more that they can and likely will do include sending him to an IME and conducting surveillance on him. The good news is that the nurse has not interfered enough yet to cause significant harm. The first thing any experienced Illinois work comp attorney would do would be to make clear she can not attend appointments or talk to the doctor other than to request copies of medical records and bills.

This is why it is always smart to talk to an attorney early on. It is our job to protect you. You do not know what you do not know. In 29 years of doing this, I have never met an insurance person whose primary goal was to do what is best for the injured worker. In fact their whole business model is based on limiting what they pay.

But If I Get A Lawyer, Won’t It Cost Me Money?

This is the other question we get a lot. The answer is it costs nothing to hire a lawyer. We do not take a penny from the medical bills or from the money you are already getting for being off work due to the work injury.

An Illinois work comp attorney works for free and does whatever they can to make sure a case does not go sideways. When you are all better, we can get you a settlement and that fee is capped at 20% of what is recovered for you.

The key thing to know is that insurance companies do not usually offer voluntary settlements without a lawyer and if they do, they will lop off more than 20% right away. In other words, you will end up with more money in your pocket with an attorney than without.

More importantly, getting a lawyer early on prevents problems from happening or at least gives you a chance to get ahead of them. It also means you no longer have to talk to the insurance company and can focus on your health and recovery.

If you would like to discuss a case, our state wide network of top Illinois work comp lawyers is here for you whenever you want.

Absolutely Gross Illinois Workers’ Compensation Claim Denial

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

We are experienced Illinois work comp attorneys who would love to help you with your case. Please contact us an time for a free case review. We cover all of Illinois.

It’s the job of an attorney to take the emotion out of a legal situation. We are trained from law school to look at things objectively so we can make calm, rationale decisions or recommendations for our clients.

Lawyers are also, believe it or not, human. And if your lawyer does not have any human emotions, it can be a bad thing.

I bring this up because I recently talked to the family of an injured worker whose case was so wrongly and illegally denied that it made my blood boil. My emotion didn’t change my recommendations, but I was still really ticked off about this.

With the caveat that insurance companies wrongly deny Illinois workers’ compensation claims all of the time, there are some that are so gross and so far beyond acceptable behavior that it needs to be called out.

In this case, a worker was carrying a jug of water at the grocery store he works at. While walking he got bumped into and it fell and splashed all over the floor. He got up to try and clean it up, took a few steps and slipped on the wet floor, badly injuring his leg. This was all caught on camera.

He inquired about workers’ compensation and was told that he was not eligible for it because the company did nothing wrong. Now that is blatantly not what the law is. Illinois workers’ comp is a no fault law so he does not need to prove negligence on the company.

This type of denial is really bad on its own, but when you learn about the injured worker, that is what will really make you mad.

The worker in question is a high functioning autistic man. He can work and communicate, but is not able to live independently. He also is kind, sweet and very trusting. In this case, his parents have guardianship over them and were smart and caring enough to reach out on his behalf because what the insurance company said did not seem right.

In the end the only harm will be a slight delay in getting medical bills paid as well as compensation for lost time benefits. But it could have been so much worse. Every day people fall for insurance company lies about whether or not they have a case.

In this case I truly believe they thought they could take advantage of an autistic person. Their goals are no different than when they wrongly deny someone not on the spectrum, but the thinking is. This case is so clearly a case. It’s caught on camera! But they knew they had a kind and trusting injured worker and rolled the dice that he would not learn the law or have someone looking out for him.

I don’t get how people that do things like this sleep at night or justify their actions. You are actively trying to harm people. It does beyond “it’s just business” and is truly disgusting.

The One Thing You Must Do Before You Settle A Work Comp Case

By Mike Helfand on Posted in Benefits

We notice various trends in handling Illinois workers’ compensation cases since 1997. A lot of those have to do with how insurance companies are fighting cases. They recycle through various dirty tricks in order to try and deny or delay benefits.

Some trends though have nothing to do with the insurance company. And one of those has popped up a lot lately. And it leads me to telling you that there is one thing you have to do before you ever consider settling an Illinois workers’ compensation case. And it sounds so simple, but this problem keeps coming up.

What To Do Before You Settle Your Illinois Work Comp Claim

The one thing you must do before you settle is call EVERY medical provider who was a part of your case and make sure that your bill was paid. It quite honestly is something that either your attorney’s office should handle or should coordinate with you.

I say this, because six times in the last two months we have received calls from people who have settled their Illinois work comp cases and been paid, but now have gotten a bill in the mail from their work comp case. Oddly enough three of them were people who had the same firm.

In the most recent one there was a very large ambulance bill that was not taken care of. I am kind of surprised that her law firm didn’t figure that one out and make sure it was paid.

The Danger Of Unpaid Bills

The problem is that often these bills pop up a year or two after a case is closed. While some of that is a reflection of how bad health care and medical billing is in this country. But it can also create some other problems:

  1. You can’t stop collection efforts against you because your work comp case is no longer active. It’s actually illegal for bill collectors to go after you in Illinois when your case is active.
  2. Because of that you will likely feel pressure to pay this bill out of pocket.
  3. You have to count on your old attorney to solve this problem for you. But they won’t get paid to do this so you have to hope they are willing to do the right thing.

On your settlement contract there is a box that states the employer has/hasn’t paid all medical bills. If it says they have, then it’s arguable that they are responsible for paying the bill that popped up out of nowhere. Unfortunately that problem is not typically solved with a phone call and requires an attorney willing to do the work.

If the settlement contract says they have not paid all of the medical bills, then you are stuck with it. If it’s $50 it probably won’t matter. But if it’s for thousands of dollars, that can be a big deal and is likely something you would have wanted taken care of BEFORE you agreed to settle.

Ultimately nobody cares more about you than you. So before you settle you should reach out to every medical provider and get an itemized copy of your bill and make sure nothing is owed. It is also a good idea to keep a journal of all of your medical care so you can keep track of all of the providers. This includes specialists like MRI groups or anesthesiologists that do not bill through the hospital or your doctor.

This isn’t fun work, but it is necessary work. And for whatever reason, a lot of people are getting caught up in it now.

LexBlog