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.

I’m New To Workers Comp In IL, What Should I Know?

By Mike Helfand on Posted in Tips if Injured

When I get called by someone who tells me that they do not know anything about Illinois workers’ compensation law, it is usually someone who is younger or in a profession that does not see a lot of work related injuries.

But every now and then I get called by someone who I might (wrongly) assume knows a little about the work comp process and they tell me they know nothing. This happened recently when a guy who has been unloading semi trucks for over 35 years called me about a back injury. His exact words were, “I’m nervous because this is all so new to me.”

It’s crazy and awesome that he has been able to work that long without getting hurt. He is definitely a keep your head down, do your job and go home type of guy. He was also smart enough to know that he needs guidance now.

What Should You Know About Illinois Workers’ Compensation Law?

I don’t think I could tell you everything you need to know because unique issues come up and every case is different. I did write a few years ago a post about the basics of Illinois work comp law. That said, here are some important tidbits that will hopefully set your mind at ease:

  • Illinois work comp law is a no fault law. That means if you fall off a truck because you clumsily missed a step, you still get benefits even if you were partially at fault. You also do not have to prove your employer was at fault.
  • What you do have to show is that your injury arose out of your job duties. For most people that means doing your work led to an injury. That can be true even if your injury happened from walking down a hallway and slipping on a wet floor.
  • If you do have a case, you do not need to worry about health insurance. 100% of your medical care should be covered. That means no co-pays or no out of pocket expenses. And generally speaking you get to choose your own doctor.
  • There is a time limit for reporting your injury to your employer. You have to do so within 45 days of when you knew or should have known you have a work related injury. The sooner the better.
  • If you have to miss work because of this, which means a doctor takes you off work or gives you restrictions your employer can’t accommodate, you will receive 2/3 of your average weekly wages, tax free. There is no cap on how long you can receive those benefits.
  • There is a lot that I could say about the work comp insurance company. Just know this. Even if they seem like they are doing the right thing (which often they are not), they are not looking out for you. Their goal is to either deny your claim or cut off your benefits as soon as possible. Do not talk to them. Definitely do not give them a recorded statement. And do not take legal advice for them or assume if they tell you that you have no case or the case is closed that it is true.
  • Eventually, when you are all recovered from your injury and back to work, you will be eligible for a settlement although it is not mandatory that they give one. How much your case is worth is dependent on a lot of factors, the biggest being how bad your injury is, what treatment you had and what your ultimate recovery is. Some cases are worth a few thousand dollars while more serious injuries could be worth many hundreds of thousands of dollars. If an attorney tells you what your case is worth shortly after you are injured, they are lying to you as there is no way to know at that point.
  • Hiring an attorney does not cost anything. Illinois workers’ compensation lawyers work on a contingency basis. Our fees are capped at 20% of what we recover for you. Getting an attorney early in the process can save your case and protect you from insurance company tactics such as nurse case managers and independent medical exams.

There is of course a lot more to these cases, but those eight points are ones that I wish everyone knew. It is a very good starting point.

If you would like a free case review or just have some questions, please contact us any time at 312-346-5578 or start a live chat. We cover all of Illinois via our state wide network and promise to treat you the same way we would our friends and family if they were in the same situation.

Injuries To Pickers In Illinois

By Mike Helfand on Posted in Injuries

We have helped just about every type of worker imaginable over the last 29 years. This includes a lot of warehouse and factory workers. Within those locations there is a specific job that comes with its own risks. I am talking about workers who are employed as pickers.

A picker, also known as an order selector, locates items for shipping. They read tickets and are constantly looking up and down shelves to help fulfill orders. So they have the lifting and slip and fall risks that regular warehouse employees have. It’s a very physically demanding job.

The unique risk they have is a repetitive trauma injury to their neck. Here is what an injured worker I talked to recently described about their job:

I had a neck injury that required surgery and it’s from repetitive movement with my neck. I’ve worked for this company for 14 years. I’m a picker that was working 10+ hour shifts looking for flashing lights on a bay. The heights of the bays are over my head and I’m 6ft. There are also some at feet level. And it’s very fast pace. And you have a cardboard line behind you and it’s over your head that you have to put boxes in. I’ve also stocked the lanes from behind. They are much taller in the back. And sometimes heavy product goes above your head.

Imagine doing this type of work day after day for over a decade. Do you think that would put some strain on your body? Of course it would. For his worker it resulted in a neck fusion. We have seen many other pickers with similar injuries and also back problems, torn rotator cuffs, torn ulnar nerves, carpal tunnel, labrum tears and many other problems.

There are also one off injuries. A box hits your head and causes a concussion or neck injury. You lift something and blow out your back. A forklift runs over your foot and breaks it. Or it backs into you and crushes your leg. And of course there are slip and falls on wet floors from spills or trips over objects on the ground.

Sadly, some employers treat these valuable workers as disposable and try to make them work through injury. Or they will deny or delay their work comp benefits. Others will lie about your eligibility (every worker is eligible) for work comp benefits.

You are entitled to 100% of your medical bills being paid and do not need health insurance. You are also compensated for your time off work if your doctor takes you off or gives you restrictions they can not accommodate. These are heavy duty jobs, so any “light duty” work is probably not going to be available. Beware the employer who says they will accommodate you but then pressures you into doing more. You should not go beyond what your doctor recommends.

When you are all better, you are entitled to a settlement. How much depends on your injury, treatment and recovery. If you can’t go back to your old job and they have no work for you, they have to keep paying you while you look for work. This could potentially make your case worth hundreds of thousands of dollars.

We have helped hundreds of pickers and warehouse workers throughout Illinois and would love to help you. Please call us any time for a free case review at 312-346-5578. We cover all of Illinois.

BNSF Work Injury But Employed By Staffing Agency

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

We are experienced attorneys who will talk to you for free. Please call us any time at 312-346-5578 to discuss a case.

When you are injured while working on a railroad for a railroad company, you do not have a traditional Illinois workers’ compensation claim. You can bring something called a FELA case which stands for Federal Employer’s Liability Act. It’s essentially work comp for people involved on the railroad.

The key point in this is you have to be under the control of the railroad. In other words, they have to be your employer. In many instances, companies like BNSF and others hire temp workers through a staffing agency. These people might work at a rail yard, but they are not railroad employees and not under the control of the railroad.

This often involves workers doing things that can be best described as railroad support. Maybe they work in an office or do some maintenance or operating a hosteler or some other machine that is found on the railroad. They might even wear a badge that says BNSF that they are given for property and Homeland Security reasons.

But if they are simply subcontracted out by the railroad from a staffing service and get injured, then they have a regular workers’ compensation case, and not a FELA case. That is in part because the staffing agency pays their wages and can hire/fire them.

Because of this, if they are injured due to the negligence of an actual railway employee, if they get hurt on the job, they can pursue both a work comp case and a personal injury lawsuit.

Or as in the case of a worker who recently called us after accidentally falling out of their truck, they would just have a work comp case. That is still a big deal as it will pay for 100% of their medical care, all of their time off of work and eventually we will be able to get a settlement for them.

The reality is that firms who handle FELA cases do not typically do regular work comp cases and vice-versa. We only handle regular Illinois work comp claims, but do refer FELA cases to some top firms. So the bottom line is that if you were injured while working on a railroad in Illinois, we can either help you or point you to a firm that can. Any lawyer we would recommend for you would be the same we would suggest to family members or friends.

Final tip. These staffing agencies can be especially awful to their employees in work comp cases. They will lie to you or break the law and not regard your health at all. To many of them, you are just a name and number and once you can no longer work the job for their client, all they care about is finding someone else. They do not get to break the law or deny you benefits. So do not trust what they say and be prepared to push back on their often illegal actions.

Should You Be Worried About The IME?

By Mike Helfand on Posted in Tips if Injured

An injured worker with a bad shoulder injury while working in Illinois called us. He had an accepted case and had been receiving physical therapy and injections over a period of six months or so. His orthopedic doctor now wants to do surgery. That is a logical next step after conservative treatment has failed.

Of course the work comp insurance company is not concerned about logical next steps. They are wanting to avoid paying for an expensive surgery and more months of rehab and TTD benefits. I get it. That is how they make billions of dollars every year. It’s not by doing the right thing.

As a result, they have scheduled this injured worker for an IME. It is with a well known hired gun type doctor who does hundreds of exams like this every year. He problem makes over a million dollars a year of these exams alone. As you can imagine, he does not want to lose that gravy train so almost every time he sees an injured worker, he sides with what the insurance company wants him to say. As a result, this caller is nervous.

Do You Have To Worry About An IME In An Illinois Work Comp Case?

Generally speaking you should be cautious and pro-active about an IME. It’s not designed to help you get healthy. Even though you are seeing a doctor, it is not medical care. The goal of it is to help the insurance company fight your case. Sometimes that means saying you were not hurt at work or that you are all better even if your doctor disagrees. Other times they will say that surgery is not needed or that you can work even with your injury.

The way to be pro-active is to make sure that you officially have a case on file with the Illinois Workers’ Compensation Commission before the IME happens. That way if the doctor’s report goes against you, you will have an attorney lined up who can file a motion for a hearing with an Arbitrator faster. In other words, getting a lawyer before the IME speeds up you getting justice if something goes wrong.

The other thing a good lawyer can do is prepare you for the exam. This includes:

  • Telling you about the doctor.
  • Discussing what to wear.
  • Telling you what to say and what not to say.
  • Discussing things you might not think of. For example, the doctor might have a nurse whose job it is to watch you as you leave your car to see if your behavior matches what you show in the office.
  • Behavioral do’s and dont’s.
  • Bringing someone to the exam with you if you want.
  • Understanding the timeline of when the report will be available and what happens next.
  • Discussing whether to bring with you diagnostic tests like x-rays or MRI results.

So yes, it is smart and sensible to be concerned. More likely than not this exam is going to be used against you to try to delay or deny your benefits or give them leverage for a lower settlement.

The good news is that Arbitrators in Illinois work comp cases are not dumb. If a doctor makes a living by repeatedly writing bad reports, even when a credible doctor says otherwise, they are not looked upon favorably. So if you are prepared with a good attorney who cares about you and will fight for you, even a denial can be quickly pushed back on.

I’m sure the idea of an IME is frustrating, especially when you just want to get better and back to work. If you want to discuss your case, reach out to us any time for a free case review. We will connect you with an experienced lawyer in your area that can help if needed.

What A Failed FCE Means For Your Case

By Mike Helfand on Posted in Benefits

A Functional Capacity Evaluation or FCE is a test that is designed to measure your ability to perform certain work tasks. It comes up in Illinois work comp cases when it appears that you will need restrictions on how much you lift, carry, sit stand or perform other tasks. It is an objective test that measures your true abilities as compared to any subjective complaints that you might have.

The test can take hours. One way they measure your true ability is by having you lift items that weigh the same, but look very different. That could be based on size or how they are labeled or even what you are told. The idea is to test how valid your performance is. If the test provider notices that you are being inconsistent with your effort, they will state that you failed the FCE. That is a big deal.

The test provider is usually a physical or occupational therapist. Before we go on with what a failed FCE means for you, let’s talk about the exam itself. While an IME measures your medical condition, a FCE is a test of what you can physically do. During the FCE, you will be asked to do some tasks that you would do in your normal job such as:

  • Walking – to test your endurance.
  • Lifting different objects – this is a big one to assess how safely you can do your job.
  • Pushing and pulling – to determine upper body strength.
  • Sitting – to see how long you can do this without discomfort.
  • Standing – relevant for endurance and comfort.
  • Balance tests – to check coordination and stability.
  • Crawling and climbing – to see how you work in tight spaces and also check coordination.
  • Grabbing and use of hands – to test strength and dexterity.

This is not a test that you can game or cheat. You will often be tested on things you do not even know they are checking. It’s a rather scientific test. When the test is over, it is possible you will have a failed designation. That can mean one of two things.

The first thing it can mean is that you performed so poorly that you are not physically capable of returning to your job. This may mean that you need more medical care or that you will never return to that old line of work.

The second thing it can mean is that you failed due to inconsistent effort. As stated, the test is objective. If you are trying at some parts, but not at others, they are essentially saying that you are faking your problem at times. If they can’t fully measure what you can and can not do, they can not provide an accurate report.

The end result could be that you benefits get cut off or suspended. What happens after that depends on what the report says and what your explanation is. You do have a right to challenge the findings, especially if the FCE provider was chosen by the insurance company. There could be a simple explanation that as the day went on, you became more tired, although the test can measure for that too.

If you are going to a FCE, we highly recommend that you talk to your lawyer about it ahead of time. And if you do not yet have a lawyer you should get one ASAP. These tests only happen to people who have very serious work injuries. If your benefits get cut off because of it, it could cost you tens or hundreds of thousands of dollars in the end. An experienced Illinois work comp attorney can protect you.

If you would like a FREE consultation about your case, please contact us any time at 312-346-5578. We have a state wide network of top attorneys and will do whatever we can to protect you.

The Number One Reason Work Comp Cases Are Denied

By Mike Helfand on Posted in Benefits

If you have read our Illinois work injury blog, you know that we talk a lot about how insurance companies deny or delay benefits all of the time for no reason. It is part of a general business strategy and how they make billions. Not paying out on claims is the goal.

Sometimes though insurance companies can refuse payment on your case and they are doing so in a justifiable way. I am sure that thought just makes them salivate. Unfortunately, their best defense and the number one way they deny claims has to do with something that injured workers do to themselves. It’s not even a dirty trick.

Illinois workers comp cases have a lot to do with credibility. The more credible you are, the more likely you are to win. Same goes true for your doctor. If they are credible it can help your case or harm it if they are not.

It is assumed that when you see a doctor, you will tell them the truth. As a result, the first thing an insurance adjuster or their lawyer does when they review your case is see what you tell a doctor on your first visit. And while the original doctor is the most important one, they will check what you say to all medical providers.

When you see a doctor, you are often asked to fill out a questionnaire about why you are there. They will also take an oral history from you. What you say there is incredibly important.

Some people lie to their doctor about how they got hurt because their boss tells them to and they feel pressure. Other people do not pay attention to what the form says and check no on a box that asks if your injuries are work related. That isn’t always a problem for a repetitive injury, but is a huge problem if you claim a one time incident hurt you. In other words, if you felt a pop in your back lifting a box at work, but on the form say it didn’t happen at work, that will hurt your case.

What you say verbally and what the doctor writes down is even more important. If you swear you told them you were hurt at work, but they write down that you got injured at home, that will likely destroy your case. I am not saying that you look over their shoulder while they write stuff down. I do suggest that you make it clear you were hurt at work when giving your history. Don’t just say “I was lifting a box and hurt my back.” Do say, “I was at work. I lift boxes every day and at 10 a.m. I picked one up like I always do and felt a pop in my back. I reported it right away to my supervisor who told me to see a doctor so here I am.”

If you do knowingly lie, it kills your credibility. Unless we can call a witness that says they heard your boss tell you to lie and that they have done that before, your lie will be hard to overcome. And either way, the insurance company will deny benefits and be in the right to do so. The only way you will win is if you can convince an attorney to take your case to trial and survive for many months while that process plays out.

The only close second that insurance companies love is when you have a delay in your medical care. In other words, if you get hurt in December, but do not see a doctor until March or April, that gap implies that you were really injured doing something else. Timely treatment which includes follow up care is really important in these cases too.

All of these points are about proving what the truth is. If you do not have accurate information in your medical records, it can really cause you harm.

If you have any questions about this or want to discuss a case, please call us for a free case review at 312-346-5578.

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