Injuries When You Stop On The Way To Work

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

Under Illinois workers’ compensation law, you are covered for work related injuries from the moment you start working until the moment you stop. That does not mean from when you clock in or clock out. It means that while your employer is benefiting from you, if you get hurt it is likely a work comp case.

So for example, if you are walking down a hallway on your way to start your shift and on company property, if you slip and fall on a wet floor, that is a case. If you clock out at the end of the day, but on your way out get hurt while helping a co-worker with a quick task, that is a case.

Generally speaking, injuries while you are commuting to or from work are not a case. The biggest exception is for traveling employees. If you drive to different customer sites every day, the moment you get into the car you are working for the benefit of the company. On the other hand, if you drive or take the train into a stand alone office every day, you are likely not covered under the Illinois Workers’ Compensation Act until you are actually at their place of business.

There are of course exceptions to all of this too. Or at least different ways to look at it. A recent caller presented a unique situation.

A Compensable Work Related Injury Driving From Home To Your Office

This worker is employed at a school. Most days he drives from his house to the school. Sometimes though he has to stop at one school where he occasionally works and then head on to the school where he normally works.

On this occasion, he stopped at the first school to pick up some supplies. As he began his drive to the second school where he would spend his day, he was rear-ended at a stop light and hurt his back. He called me wanting to know if this was a workers’ compensation case in addition to a personal injury lawsuit?

As an aside, the insurance company for the school had sent him a denial letter telling him that he is not covered for injuries that happen while commuting to school. They are 100% wrong in my opinion.

In this case, his work day started when he made a stop at that first school. It was done for their benefit. It would have been different if he just made a personal stop to see a friend or grab a coffee. He then went on to haul supplies. This was again for their benefit. It means he was working.

It can be argued that if you bring home work with you, you are still on the clock when doing that work or when you load it back into your car. There have been cases where workers drove a company vehicle that had the company logo and information on the side. The act of driving that vehicle around is advertising and serves to benefit the employer. So it’s arguable that if you had an accident in that car that it would be work comp.

Back to this case, I do not see a good argument against him having work comp benefits. And it would be important because the person who hit him has a very small insurance policy. Because of work comp laws in Illinois, he will get 100% of his medical care and time off paid for. And of course eventually he can get a settlement.

The moral of the story is do not ever listen to an insurance company that says you do not have a case. They might be right, but they are often wrong. And they certainly are not looking out for your best interests.

Work Place Violence And Illinois Work Comp

By Mike Helfand on Posted in Injuries

While most Illinois work injuries happen from things like lifting injuries, repetitive activities or slip and falls, some happen in ways that most workers could not reasonably expect. I am talking about work place violence.

Although it feels more common today than ever, I have been getting calls about work place violence since I first became an attorney in 1997. There are some common scenarios.

  • Co-workers get into a fist fight.
  • An angry customer attacks an employee.
  • An angry customer or co-worker throws an object without care where it goes to.
  • A deranged person off the street comes in and attacks you.
  • A criminal robs your place of employment at gun point.
  • Your boss rapes you.

And there are of course other ways that work place violence can happen. For it to be an Illinois workers’ compensation claim, you generally have to show that you were not the aggressor and that it happened as part of your job duties.

In other words, if you go up to a co-worker and scream in their face and push them in the chest and they respond by punching you, you were the aggressor and you would not likely get work comp benefits even if you were seriously injured. On the other hand, if you are minding your own business and someone attacks you because they don’t like how you did your job, that would be a case.

For an example like a boss sexually assaulting you, if they call you into a meeting to discuss something about the job, that would be a work comp case. If on the other hand they take you out for a drink and do it at their home, it is still a very gross crime, but your option would be to sue them as well as have them arrested.

For all of these scenarios, as attorneys we are looking to see what your actual injury is. If you get punched in the face and have swelling, but no real injury like a broken cheek bone, it is probably just a criminal matter. If you are robbed at gun point and do not have a physical injury, but have legit PTSD from that terrible experience, that would be a case. In fact, we have helped hundreds of Illinois workers with post traumatic stress from being robbed on the job.

Every one of these cases is fact specific. It requires an attorney who actually knows Illinois work comp law and has handled many similar cases in the past. If you do not go to an attorney like that, you risk not getting the benefits that you deserve.

In many of these cases, you also have the potential of a third party lawsuit. If the company knew your boss had acted aggressively in the past, you may have a right to sue them. If the customer attacks you without provocation, you could also bring an injury lawsuit against them as well. And while technically you could sue a homeless person, if they do not have the means to pay a judgment, it is likely not worth it.

If you call our office (312-346-5578) or start a live chat, you will speak with an attorney, usually right away. We will give you a free case review and help you understand what rights you have under Illinois work comp law. We are pretty direct and honest and will answer any legal questions you have in confidence.

If I Fire My Work Comp Attorney Do I Have To Pay Them Anything?

By Mike Helfand on Posted in Benefits

Pretty much every day we get called by someone who has already filed a case with an Illinois workers’ compensation attorney, but is not happy with their representation. For some of those callers, they just need to understand what is really going on with their case. Others have really bad attorneys and should get a new law firm in their corner before it is too late.

A common question that comes up is, “If I fire my lawyer, will have to pay them anything?” The answer is generally no, but we would be doing you a disservice if we did not explain how it works in reality.

The first thing to know is that lawyer fees in Illinois workers’ compensation claims can never exceed 20% of what you recover. So if you fire one lawyer and hire a new one, it is up to those two firms to agree how to split that 20%. It’s possible they will each take 10%. It is possible that the old firm was not on the case very long and they will get nothing or just a little bit. But whatever happens, you do not have to personally pay them anything and the lawyer fee that you provide in the end will not increase at all.

Illinois work comp law is very clear on this issue. Attorney fees can not exceed 20%. Period. Getting a new firm will cost you nothing.

There are some firms, one notorious one in Chicago in particular, that try to imply to their clients that if they switch firms, they will have to pay an exit fee. That is very illegal and not enforceable even if you agreed to it. These are terrible work injury firms whose clients do not like the bad level of service. Rather than do a good for their clients, they try to scare them in to thinking that is just how it is and they can not leave.

There is no law against hiring a new work comp attorney if you do not think the one you have is doing a good job for you or just is not the right fit.

In some cases, an attorney has a rightful and clear claim to all or part of that 20 percent attorney fee. That happens when a settlement offer has been made. For example, if your lawyer secures a $50,000 settlement offer on your case, they are entitled to $10,000. If you fire them and either get a new law firm or try to settle the case on your own, they still are entitled to that $10,000 (although they usually have to file a petition for attorney fees).

Because of this, getting a new law firm in your corner can be a challenge if a settlement offer has been made. A new firm will only get involved if they think the case is worth significantly more than what has been offered to you. Otherwise we would be doing a ton of work so the other firm can get paid. In other words, if you do not think that you have a great attorney, you should switch before a settlement offer gets made.

You still do not owe them anything when you fire them or switch firms, but they have the ability to get paid when the case is resolved. You can not fire them and then try to take the whole settlement for yourself.

My recommendation in almost every case is to see if you can work things out with your lawyer. But if you can not or they are doing terrible things like yelling at you, not calling you back or not doing anything to help you win your claim, then you should definitely switch firms before it is too late.

We have an Illinois wide network of experienced, aggressive work injury lawyers who care about their clients. If you would like a free, confidential case review, please get in touch any time at 312-346-5578.

The Big 10 Is Treating Athletes Like Truck Drivers

By Mike Helfand on Posted in Benefits

Probably the most frustrating thing I deal with as an Illinois workers’ compensation attorney is that I constantly get called by workers who are being taken advantage of by their employer. By far the most common example is with truck drivers.

There are hundreds of trucking companies in the Chicagoland area. Some have just a couple of trucks, others have 100 or more. Some are on the up and up, but way too many of these companies break the law. They do it by calling the drivers 1099 independent contractors. Some even make the drivers sign a contract that says they are contractors. They then turn around and prevent the driver from working for anyone else. They also do not allow them to turn down work. They provide the truck, tell them where to go, give them specific instructions related to the cargo, etc.

In other words, these drivers are treated like employees in every sense of the word. But the shady company tries to get around Illinois work comp laws by having them agree that they are contractors.

The good news is that under Illinois law, if you get hurt while working and can prove that your employer had control over you, you can still get work comp benefits. The biggest hurdle is a lot of them do not carry insurance which is a felony.

So What Does This Have To Do With Big 10 Athletics?

The reason I bring this up is I read an article in The Athletic about paying football players and the transfer portal. If you are not familiar, college athletes can now receive pay for their play and can usually transfer from one school to another without any penalty.

As part of this process, some of these kids are getting really big money. We are talking millions. Others are getting a few thousand. They also, of course, get the compensation of whatever their scholarship is worth.

As part of these revenue sharing agreements that provide these players with compensation, they are forced to sign contracts that call for penalties if they try to change schools. The Big 10 also reportedly has the following clause in their agreements with athletes:

“the Athlete is not, and shall not claim to be, an employee of the Institution,” and that the compensation is “not provided in exchange for the Athlete’s commitment to attend the Institution or participate in the Institution’s Program (i.e., not ‘Pay-for-Play’).”

The schools are claiming that these are not employment contracts, but rather licenses to the player’s rights for their name, image and likeness (“NIL”). They at the same time state that this binds the athlete to play for their school and not leave for another school.

This, to me, is not much different than how truck drivers are treated. The school tells you where to practice, where to play, supplies the equipment and if you have ever talked to a college athlete, they control almost every facet of your week. Does that sound like an “independent contractor” to you? It does not to me.

The biggest reason schools do this is because athletes get injured all of the time. The nature of sports results in a ton of injuries. If the athletes were legally declared to be employees, then they would also be eligible for workers’ compensation benefits. That means that almost every athlete would be eligible for some sort of settlement, with many of those worth hundreds of thousands of dollars or more.

I have long argued that college athletes are employees. And that was before these restrictive contracts and additional compensation existed. In 2026, there is no way to legitimately argue that these athletes are not employees. Nobody would say that coaches are not employees. Pretending the players are not is just wishful thinking that takes away rights they legally have.

Someday, hopefully soon, a college athlete is going to file for work comp benefits against Northwestern, Illinois, NIU or some other school. And if the law is fairly applied, they should win.

The Ten Biggest Work Safety Violations From 2025

By Mike Helfand on Posted in Injuries

OSHA or the Occupational Safety and Health Administration is responsible for investigating safety violations at work places. While anyone can report a violation, OSHA often gets involved after a work related injury.

Toward the end of last year, OSHA published a list of the 10 most frequently cited workplace safety violations for 2025. Here is the list:

  1. Fall protection violations with almost 6,000 occurrences. The number one violator was roofing companies. That is a huge problem because a fall off a roof can be deadly.
  2. Hazard communications. This refers to companies not having written safety plans or not effectively training workers.
  3. Ladders. They were not specific, but this likely refers to improper methods of using a ladder. This was cited over 2,400 times.
  4. Controlling hazardous materials. Meaning not properly handling them.
  5. Respiratory protection. Forcing workers to be around dangerous chemicals without proper masking.
  6. Fall protection training requirements. Not educating and training workers on how to prevent fall injuries from occurring in the first place.
  7. Scaffolding. It still shocks me how often we see cases of injured workers from scaffolding that was not put up properly.
  8. Powered industrial trucks. Again they were not specific, but I assume this refers to injuries from using the trucks.
  9. Personal Protective and Lifesaving Equipment, Eye and Face Protection. Similar to respiratory equipment, not providing these basic materials can cause major harm.
  10. Machine guards. Having workers use machines that don’t have proper safety precautions. This can lead to major injuries like de-gloving or even death.

These are all very frustrating cases to be a part of. That is because you can not sue your employer for negligence, but this report shows that employer negligence is a huge contributing factor toward work injuries happening in Illinois and beyond.

This is why we encourage people to anonymously call OSHA, when they comfortably can, BEFORE an accident happens. Every week we get a call from an injured worker who tells us that their employer either created the problem or has known about it for some time. While a work comp claim will help you get healthy and compensate you for your injury, it will not punish the employer and will not make them change their bad ways. OSHA can do that.

There is even a state agency called Illinois OSHA that regulates Illinois employers. This is for state of Illinois and Government workers only. So if you are not having any luck with the Federal OSHA, contacting the state of Illinois one may do the trick. Private sector workers have to go through Federal OSHA.

If you have any questions about a work injury, please do not hesitate to reach out any time for a free case review.

Diabetic Blisters And Illinois Workers’ Compensation

By Mike Helfand on Posted in Injuries

One basic premise of Illinois workers’ compensation law is “an employer takes you as they find you.” In other words, pre-existing conditions or other life circumstances do not prevent you from having rights under the Illinois Workers’ Compensation Act.

We see this principle play out all of the time and almost always in favor of the worker. If an employer says, “We didn’t know she had a prior back problem when we hired her” that will not get them out of providing benefits if lifting at the new job makes your back worse.

Another way this happens is with diabetics. When you are diabetic, you are in danger of blood flow issues. And small injuries that would not impact another worker can cause a catastrophic injury to you. This is especially true with diabetic blisters.

Diabetic Blisters Made Worse By Your Job

A diabetic blister looks like a burn blister. It can be harmless and usually heels in a matter of weeks. They can be found on a variety of body parts, but often happen on your foot. But sometimes they don’t heal or get infected and can cause major harm. In many cases this can lead to a BKA or below the knee amputation. And if that surgery does not go well, it could lead to an AKA or above the knee amputation.

The typical situation we see is something about the job contributes to a blister happening in the first place. The most common example would be having to wear steel toed boots or other tight footwear for your job. There may be 100 other workers there wearing the same shoes/boots, but if you are the only diabetic and a minor injury becomes a life altering injury, the employer “takes you as they find you” and they would have to provide workers’ compensation benefits.

In other words, a small blister to a diabetic could result in a work comp claim that is worth hundreds of thousands of dollars of compensation to the worker and potentially that much or more in medical bills.

Other Situations That Cause Diabetic Blisters In Workers

The steel toed boot example is the most common cause we see for diabetic blisters. But it also happens in jobs where it is really hot and you sweat a lot. Factories, landscaping or other outdoor jobs, roofers, plumbers, etc. see this happen a lot.

Jobs that can cause a fungal infection like construction work, nursing and other health care work, and forestry can also contribute to a diabetic blister. Even if you chose your shoes, the risk of the job can lead to a claim.

Do I Have An Illinois Workers’ Compensation Case?

Every case is fact dependent. But if you have more than a superficial injury, it’s worth investigating. Time is of the essence as there are notice requirements and a statute of limitations to deal with.

If you would like a free case review, please contact us any time at 312-346-5578. We have been helping injured workers since 1997 and our state wide network covers all of Illinois.

Neck Injuries on the Job in Illinois

By Mike Helfand on Posted in Injuries

Neck injuries are some of the most disruptive injuries a worker can experience. You use your neck for almost every movement, like turning, lifting, reaching, driving, and even getting out of bed. When something goes wrong, the pain can be constant, and simple tasks become difficult. Neck injuries also tend to linger. Without proper medical treatment, they can turn into chronic problems that affect your ability to work and live comfortably.

We have helped thousands of injured workers with neck injuries. If you would like a FREE case review, please call us at 312-346-5578. We have a state wide network of attorneys that covers all of Illinois.

Types of Neck Injuries

Neck injuries range from mild strains to serious structural damage. Some of the most common injuries include:

• Muscle strains and sprains, often caused by sudden movements, lifting, or repetitive strain
• Herniated or bulging discs, where pressure on the spine causes pain, numbness, or weakness
• Cervical radiculopathy, a condition where nerves in the neck become compressed or irritated
• Whiplash, frequently caused by falls, vehicle accidents, or sudden impacts at work
• Facet joint injuries, which can cause stiffness and sharp pain with movement
• Pinched nerves, leading to numbness or tingling down the shoulders and arms

These injuries can be severely debilitating. Workers often report limited range of motion, headaches, shooting pain into the arms, trouble looking at screens, difficulty sleeping, and an inability to lift even light objects.

Neck Injuries Often Require Significant Medical Treatment

Neck injuries don’t always improve with rest alone. Many workers need imaging studies, physical therapy, steroid injections, pain management, or even surgery when conservative care fails. Treatment can be lengthy and expensive. In some cases, workers need work restrictions or temporary removal from physically demanding tasks to avoid making the condition worse. Because these injuries can affect nerves, tendons, muscles, and discs, recovery is often slow, and returning to heavy labor too soon can lead to long-term damage.

Which Workers Are Most at Risk?

Neck injuries can happen in any workplace, but certain professions face higher risks. Construction workers, warehouse workers, truck drivers, delivery drivers, nurses, CNAs, maintenance workers, factory employees, and machine operators frequently perform tasks that strain the neck and upper spine. Repetitive lifting, working overhead, driving long hours, operating vibrating equipment, and awkward positioning all increase the chances of injury.

Even office workers can get neck injuries. Poor ergonomics, prolonged computer work, and uncomfortable desk setups can lead to chronic neck strain and related nerve problems over time.

How an Illinois Workers’ Compensation Lawyer Helps

Getting workers’ compensation benefits for a neck injury isn’t always simple. These injuries can be difficult to diagnose, and insurance companies often argue that symptoms are preexisting, due to aging, or unrelated to work. When treatment becomes extensive or surgery is recommended, insurers often push back even harder.

A workers’ compensation lawyer helps level the playing field. They gather medical evidence, make sure your condition is properly documented, and push for the full benefits you’re entitled to, such as medical treatment, wage loss, therapy, and compensation for permanent disability. We also help protect you from being forced back to work before you’re physically ready. And if the insurance company disputes the claim, a lawyer can take the case before an arbitrator and fight for your interests.

Neck injuries are serious, and you don’t have to manage the medical and legal challenges alone. Getting the right help early can make all the difference in your recovery and your case. Contact us for a free consultation any time.

Overview Of Back Injuries and Illinois Workers Compensation

By Mike Helfand on Posted in Injuries

I was recently going over all of the posts we have written in almost 20 years of blogging about Illinois workers’ compensation law, cases and injuries. I realized that while I have often discussed back injuries like degenerative disc disease, I have not done a general overview of back injuries. If you have a case you want to discuss, for free, please contact us any time to talk with a lawyer.

Back injuries are the most common reason people end up filing workers’ compensation claims. You are at risk of injuring you back with almost every work injury that you do. And because life in general can weaken a back, it is very common for a work activity to be the “straw that broke the camel’s back” and be the reason you need to seek medical care.

A hurt back can make it difficult to sit, stand, lift, or even sleep comfortably. For some workers, it means missing weeks or months of work. In more serious cases, a back injury can permanently change what kind of job someone is able to do—or whether they can keep working at all. If your back pain is more than a minor strain that clears up quickly, it’s smart to at least talk with a workers’ compensation attorney about your situation.

The lower back takes the brunt of many workplace injuries, especially jobs that involve lifting, bending, twisting, or repetitive movements. That leads to a whole sort of injuries that can vary in seriousness. Some are minor, somr are life altering.

Types Of Back Problems In Illinois Workers’ Compensation Cases

One of the most common problems is a lumbar sprain or strain, which happens when muscles or ligaments are overstretched or torn. These injuries can be extremely painful and may linger longer than people expect, especially if you’re asked to return to full duty too soon. In other words, a strain can turn into a major problem if you are not careful. On the other hand, it can often resolve with rest, physical therapy and limiting what you do on the job.

Disc injuries are typically what you should be worried about and incredibly common in Illinois work comp claims.. Herniated or bulging discs occur when the cushioning between the vertebrae moves out of place and puts pressure on nearby nerves. This can cause sharp back pain, numbness, tingling, or pain that radiates into the legs.

Degenerative disc disease is also common, particularly for workers who have spent years doing physical jobs. Even if degeneration existed before, Illinois workers’ compensation law still allows benefits if your job aggravated or accelerated the condition. Degenerative disc disease is a fancy way of saying that your back has broken down. If you have been lifting heavy materials, patients, boxes or other objects as part of work, you likely have a work comp case, even if you did not have a specific injury.

There are so many other problems that can happen to your lumbar spine. Fractures of the vertebrae can result from falls, vehicle accidents, or being struck by heavy objects at work. It can often heal with rest, but there is also a risk of paralysis. Spinal stenosis, which involves narrowing of the spinal canal, can lead to nerve compression and significant pain or weakness. Spondylolisthesis happens when one vertebra slips forward over another, often causing instability and chronic discomfort. Each of these conditions can require major medical treatment, time off of work, or permanent work restrictions.

This isn’t a complete list of work-related back injuries. In some cases, workers experience real pain even when imaging like a MRI doesn’t point to a clear diagnosis. That doesn’t mean the injury isn’t legitimate. If you’ve seen a doctor for back pain related to your job—whether it happened in one specific accident or developed gradually over time—you may be entitled to workers’ compensation benefits.

Speaking of imaging, an x-ray can tell you if you fractured a vertebrae. It will not show a herniated disc. That can only happen from a MRI or CT scan. But if you have shooting pain going down your legs and/or significant numbness, that is a big sign that you have a disc injury. You should treat with an orthopedic doctor ASAP.

And finally, if you at any point start to lose bladder or bowel function after a back injury, you need to get to an emergency room ASAP. That is a potential sign of cauda equina syndrome which happens when nerves in your spinal cord get damaged. It usually requires emergency surgery. If that does not happen, the effects could become permanent and could even lead to paralysis.

Common Jobs For Back Injuries In Illinois

Back injuries affect workers across all industries. There is quite literally no job that does not involve a risk to your back being injured. Of course, they are very common in physically demanding jobs including

  • construction
  • mechanics
  • nursing (lifting patients)
  • delivery work (UPS and FedEx drivers)
  • warehouse workers (Amazon package handlers)
  • general laborers
  • athletes
  • electricians
  • truck drivers

We’ve also helped Illinois workers with back injuries in office settings, schools, childcare, public transportation, and countless other professions.

Advice and Warnings

It’s a given that insurance companies like to dispute claims. They often question how serious a worker’s back injury really is or they argue that it isn’t work-related. Costly medical treatments (e.g., epidural injections or surgery) are often challenged. An experienced workers’ compensation attorney knows how to push back, protect your rights, and make sure the insurance company follows the law so a back injury doesn’t turn into a lifelong problem.

A common tactic insurance companies use is to deny a case by calling the condition pre-existing. It could be that you treated for a back problem two years ago, but have been fine until you noticed a problem at work. That is still a good case. Do not let their denials discourage you.

They will also do things like try to take a recorded statement of you to twist your words and make it seem like you were not injured on the job.

Back injuries are also the leading reason that an insurance company will do surveillance on an injured worker. They are trying to show you acting in a way that conflicts with what you are telling your doctor. This of course ignores the reality that back pain can ebb and flow. Some days it is better than others. It is not uncommon for a worker to feel terrible when they wake up and then better at mid day and just so-so at the end of the day.

The other thing to be aware of is future medical care. While some back injuries get better, many are going to be something you deal with for life. If your injury is serious enough that you have an epidural injection or a surgery (especially a lumbar fusion), be careful not to settle your case too soon. It is worth discussing with an attorney what the future might hold, how to protect yourself and whether or not you are entitled to compensation now for future medical needs.

Next Steps

We have helped thousands of injured workers with all sorts of back injuries and would love to help you. If you would like a free, confidential consultation with an attorney, please call us any time at 312-346-5578. We will do whatever we can to protect you and make sure you get all of the benefits you are entitled to.

Getting The Right Work Comp Lawyer Was A $32 Million Difference

By Mike Helfand on Posted in Benefits

Nobody gets rich off an Illinois workers’ compensation claim. That’s not to say that these cases are not worth a lot of money. They definitely can be. Some cases are worth hundreds of thousands of dollars, plus payment of all your medical bills. But rarely are they worth enough to never have to work again. And rarely are they in the seven figures.

A work injury can be worth many of millions of dollars though. And sadly, a lot of workers miss out on that because their attorney is either inexperienced or lazy. I’m talking about when you are injured due to the negligence of someone else.

When you get hit by a car on the job, it’s obvious that you may also have a personal injury lawsuit on your hand. The same is usually true for construction workers. But people who are injured due to slip and falls seem to have a lot of potential for missing out on making their cases worth a lot more.

Because personal injury lawsuits compensate you for pain and suffering, they can be worth a lot more money. That is not something available in Illinois work comp cases. See three scenarios below and think about who you might sue. Remember, you can’t sue your employer for negligence:

  • A school teacher slips on a floor that was waxed recently but not marked and tears her ACL.
  • A warehouse worker trips over loose carpet and tears his rotator cuff when he extends hi arm to brace his fall.
  • A truck driver slips on oil at a filling station and falls on his wrist resulting in carpal tunnel surgery.

None of these examples screams anything other than file a work comp case. And those workers took that step. That makes sense because it gets you immediate compensation for your time off work and payment of your medical bills.

But a lawyer not looking further could cost each of them a lot of money. The floor the teacher slipped on was waxed by an outside vendor, not a school employee. Because they didn’t put up a sign that the floor might be slippery, she didn’t anticipate that.

The warehouse worker fell over loose carpet that had recently been installed by an outside carpet company. It was not properly secured which contributed to the injury happening.

And in a recent case, the truck driver slipped because at the filling station, there was a grate there to collect any oil that spilled over. Drivers had to walk over this grate to do their job which led to them tracking oil to other locations. In this case, the injured worker fell on oil from someone else’s footprints.

His surgery didn’t go well and he developed CRPS or complex regional pain syndrome. That is a major, life altering injury. Because it happened due to the negligent way the filling station (not his employer) set up the oil grate, they became responsible for his injury.

This worker hired a great firm who did a great job. They sued and took his case to trial and a jury awarded him $32 million for how this injury will affect his life and earning capacity. He has not made a great recovery. The lawsuit alleged the defendant failed to ensure that the walking and working surface was maintained in a safe, suitable and proper manner, and it failed to ensure that excess oil did not spill, permeate or spread onto the walking and working surface, among other claims. The jury agreed and compensated him for his loss of normal life, pain and suffering and emotional distress.

I have seen a lot of disinterested and lazy attorneys. I also see law firms that assign big injury cases to young attorneys who don’t always know how to sniff out other legal issues. I would estimate that 1/3 of law firms out there would have missed this part of the case. Slip and fall cases are not easy and this one especially was not obvious.

Hiring the wrong firm would have been a $32 million error. The bills would still be paid and time off work would be compensated. There likely would be a settlement worth a lot too from work comp. But it wouldn’t give this worker and his family peace of mind like a personal injury lawsuit can.

The bottom line is that if you think your attorney is too young or not attentive, you can and should seek a second opinion. We are always happy to talk to you for free and in confidence at 312-346-5578.

Mental Stress After A Knee Or Shoulder Injury? You Are Not Alone

By Mike Helfand on Posted in Injuries

One of the most frustrating aspects of an Illinois workers’ compensation case is not recovering as quickly as you would like. Most injured workers I come across just want to get healthy and back to their job.

The longer it takes for you to get better, the more frustrating it can become. And that can lead to secondary issues. According to a recent study by the Workers’ Compensation Research Institute, there are widespread psychological issues related to on the job injuries to the knee or shoulder. And it’s attributed to “poor functional recovery” which is another way of saying you can’t do what you used to do.

Some of the psychological stress issues result in problems like:

  • A fear of movement
  • Mood swings
  • Poor coping skills
  • General anxiety

These are legitimate psychological injuries and as many as 46% of injured workers have reported these feelings after a shoulder or knee injury. This is after looking at 65,000 cases across the United States over a four year period.

The silver lining, for Illinois workers, is that if you do suffer mental anguish from a work related injury, if you choose to seek mental health treatment it should be covered as part of your claim. That is because under Illinois law, any injury that extends from the original injury is considered part of the same case.

In other words, if you would not have had this mental stress or breakdown without the work accident, then you are entitled to make work comp pay for your care.

And the reality is that it is best for everyone if you get this taken care of. If you you have a fear of movement and need to return to a job that risks re-aggravating your knee or shoulder (or whatever body part is hurt), it is safer for you and your co-workers to have these issues addressed.

By the way, even though this study focused on knee and shoulder injuries, this general principle applies to ANY work related injuries in Illinois. It is very common to see a mental breakdown after having a serious back or neck injury for example, especially among those who have long term pain. We also see a lot of PTSD from people who have had to undergo surgery.

The bottom line is you are not alone and do not have to suffer silently. What you do need to do is mention these issues to your attorney so they can assist you in getting mental health benefits approved. It is regrettably a law that insurance companies do not always follow. Your attorney can assist in getting your regular doctor to give a proper referral for you.

If you have any questions or want a free case review, we help injured workers everywhere in Illinois. Please call us in confidence at 312-346-5578.

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