Delivery Drivers and Illinois Workers’ Compensation

By Mike Helfand on Posted in Injuries

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

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

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

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

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

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

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

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

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

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

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

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

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

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

How Long Until The First Work Comp Check Arrives?

By Mike Helfand on Posted in Benefits

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

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

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

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

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

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

Why Do Work Comp Insurance Companies Delay Payments?

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

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

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

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

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

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

Nerve Entrapment Syndrome and Illinois Workers Compensation

By Mike Helfand on Posted in Injuries

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

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

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

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

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

Developing Nerve Entrapment on the Job

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

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

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

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

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

Treating Nerve Entrapment

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

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

Workers Compensation Claims For Nerve Entrapment

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

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

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

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

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

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

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

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

Dumbest Thing I Have Seen An Illinois Work Comp Lawyer Do

By Mike Helfand on Posted in Tips if Injured

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

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

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

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

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

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

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

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

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

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

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

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

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

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

By Mike Helfand on Posted in Tips if Injured

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

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

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

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

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

“I Don’t Do Disputes”

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

Uhm, what???

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

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

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

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

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

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

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

Workers Comp Stopped Paying For No Reason

By Mike Helfand on Posted in Benefits

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

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

Since then, this has happened:

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

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

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

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

Essentially they are banking on two things.

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

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

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

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

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

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

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

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

Back Injuries From Driving A Box Truck

By Mike Helfand on Posted in Injuries

We have helped over 500 injured truck drivers file Illinois workers’ compensation claims. Those drivers get injured in all sorts of ways. There are a lot of lifting injuries. Drivers who fall off the truck and hurt their leg or break an ankle. Accidents that can cause concussions and a host of other injuries.

One unique injury that box truck drivers have is that the act of driving itself poses a unique risk that can cause a back injury.

If you drive a car for work, you are most likely driving the type of vehicle that the average person does. That means you are not subject to an increased risk of injury just from driving.

Box truck drivers and other truck drivers on the other hand are different. You sit in a tight cab space. You use force to shift. And quite often you are bouncing up and down in the truck. Those acts put you at an increased risk of injury. It can be from the vehicle itself, potholes, debris in the road or other objects.

A lot of the truck drivers we have helped over the years have developed nerve damage or other problems in their back from the shock of bouncing up and down as well as from being in a tight space. Those injuries can be really serious and in the worst case scenarios can cause a driver to undergo back surgery and ultimately not be able to continue as a driver.

If this happens to you, there are a few things that are incredibly important to do:

  1. Report the problem/pain to your employer. You have to tell them within 45 days of when you knew or should have known an injury might have happened. So many drivers love being on their own and do not regularly see supervisors. Our best recommendation is to shoot them an email or text so it is documented. Tell the truth, but if it’s from bouncing in the cab, something like, “I’ve been bouncing a lot in the cab and my back is starting to hurt. I’m going to see a doctor.”
  2. Get to the doctor and make sure you are clear about what you do for work. Not every doctor understands how a truck operates. Give them a detailed description of your work space and work duties. Often back injuries are a combo of the bouncing, the lifting, jumping out of the vehicle and other acts that are a part of your job.
  3. Follow up with your doctor. So many drivers just want to get back on the road. If your doctor says you need physical therapy, do it. If he wants you to come back and see them in two weeks, make sure you are there. The biggest mistake drivers make in these cases is going months without treatment. That can kill a case and really harm your future.
  4. Get an attorney who knows what they are doing. Too many lawyers do not take the time to understand the true nature of what their clients do. That is a huge red flag. If you call a lawyer and they can not speak the same work language as you, find someone else.

We help all types of drivers, both company drivers and 1099’s who have been misclassified. And we would love to help you. There is never a fee to contact us and speak with an attorney. And there is no fee to start a case. We promise to give you straight forward, honest advice and do whatever we can to help you. Please call us any time at 312-346-5578. We can help drivers based out of Illinois, drivers who primarily work in Illinois or anyone who was hurt here while working.

40 Years, 1 Job, 0 Work Injuries, And Then …

By Mike Helfand on Posted in Tips if Injured

Probably the best thing about this job is that I get to talk to so many great people. There is so much nonsense out there in the media, and our country is so divided. But then you talk to salt of the earth people, and it is just a great reminder that most people just want to live their lives. Work, spend time with friends/family, have some fun, hope the Bears do something this season, etc.

That is why I get extra pissed off when I see an insurance company, or in this case, an employer, do something really shitty to a worker.

I got called by a guy who has been working for the same company for about 40 years. Talk about loyal. He’s filled in on holidays. Skipped a vacation once after two guys quit. And despite working a heavy duty job and having aches and pains over the years, he never filed an Illinois workers’ compensation claim. None of the injuries have been serious enough to do that, but he certainly could have milked it if he wanted to at any point.

This is a dream employee. In fact, he told me that he considers his work to be his family.

Recently he was doing his normal job which involves lifting a bunch of heavy material, and something happened that had never happened before. He felt a pop in his back. This was different, and soon thereafter, he had some pain shooting down his leg. He took a break, hoped it would get better, but it didn’t. So he told his boss, who told him to go see a company clinic doctor.

So far, so good.

It was recommended based on his pain that he see an orthopedic doctor. He found one and made an appointment. The problem is that he needs a claim number for them to see him. Otherwise, he will have to pay for the treatment out of pocket.

His boss is refusing to disclose who the insurance company is and has ignored a bunch of calls. He’s hearing through the grapevine that he will get fired if he goes further with this. With friends like these, who needs enemies.

The good news is that this is a very simple problem to solve. We can look up who the insurance company is online. Filing a case will force them to pay for his care. The bad news is that this had to happen this way at all. This guy has given his work life to this company. Businesses do not survive without employees like this.

This is not how you should treat people. If they are treating their best employee this way, I can only imagine the nonsense they have put others through. This worker has a major injury, and it sounds like it is a herniated disc. It would not have happened if he was not working for the employer. This employer benefited from him. He is entitled to Illinois workers’ compensation protections.

In the end, everything will work out fine, but it is beyond frustrating that he had to deal with this nonsense. It is not a surprise though. The insurance company is not your friend and is not looking out for you. And in my experience, no matter how great of a worker you are, most employers are not looking out for you either.

When Will Workers’ Comp Offer A Settlement?

By Mike Helfand on Posted in Benefits

We are experienced work injury attorneys who will talk to you for FREE about your case any time. Call us at 888-705-1766 to speak with a lawyer confidentially.

By far, the number one question injured workers have is, “what is my case worth?” Along with that comes a second question. When will the workers’ compensation insurance company offer a settlement?

The answer to that question is, it depends. But more importantly is when should you want a settlement offer and when is one a bad thing?

Does The Insurance Company Have To Make A Settlement Offer?

While paying for medical bills and lost time is mandatory under workers’ compensation laws, the insurance company does not have to make a settlement offer. In fact, many have a policy of not doing so and others will only do it if it is in their best interests. That usually means because they want to close out your medical rights.

How Do You Get Them To Make A Settlement Offer?

The only guaranteed way to force a settlement offer is to file a case formally with a lawyer. That puts pressure on them to do so because if they do not, we can go to Arbitration and get one for you that way.

Beyond that, you can always ask, but that comes with risks. Some common things we see happen:

  • They tell you they will look into it, but they really are going to just string you along until the statute of limitations to file a case runs out.
  • They make an offer, but it is a low ball one. This is the most common scenario. If a case is worth $50,000, you can expect an offer of around $30,000. They will take out the attorney fee and then cut it even more. In other words, you are essentially paying a lawyer without getting the benefit of a lawyer. Once an offer is made, getting an attorney to take on your case is really hard. That is because we can only get paid based on how much the offer is increased. So you end up losing out on money in the end.
  • They will make you a fair offer. How is that a risk? If they are doing it, it usually means that they are screwing you out of money in some other way. Typically that involves payment for future medical treatment. In other words, if your case is worth $75,000, but you need $50,000 more in medical care, getting $75,000 right now is a bad idea.

What If I Call And The Insurance Company Does Not Respond?

If you reach out to the work comp adjuster and they will not get back to you about an offer, that is a sign that settling is not in their best interests or something they want to do. That of course is a sign to you that it would be in your best interests. You can always follow up, but again, hiring an attorney is the only way to force them to respond.

What Is Your Best Settlement Advice?

While I get why everyone wants to know what their case is worth, I highly encourage you to focus on your health above all. Once you settle your case, you typically close out your rights to any future medical care or lost time payments. So if you wake up a year from now in pain and haven’t had a new work accident, you’d be stuck paying those medical bills yourself.

We usually suggest that you return to work and do that job for around three months or so before you consider a settlement. You want to be sure that you can work without problem. If you can’t then settling is a bad idea.

Finally, do not listen to AI or friends about what your case is worth. Your case is unique and those case facts determine the value. That is based on your wages, your injuries, your recovery, future medical needs, insurance company defenses, your age and more.

And if you want to have a FREE, no commitment, consultation with an attorney please reach out any time at 888-705-1766.

Infections And Illinois Work Comp Claims

By Mike Helfand on Posted in Injuries

One of the basic principles of Illinois workers’ compensation law is that your work comp benefits cover the injury and anything that stems from it. So if you hurt your leg and have to use crutches, if that crutch use causes an elbow injury, that is all part of the same case. If you hurt your right arm at work and begin to overuse your left arm, if that arm then gets hurt, it is all part of the same case.

This principle is also shown a lot with workers who get infections on their job.

The biggest thing to know about infections is that they are unpredictable. Sometimes they get better with Neosporin or an antibiotic. Other times they spread and reek havoc on your body.

Infections can happen in a number of ways and of course are not always readily visible. For example, we were recently contacted by a worker who got a bad burn on their leg from hot chemicals on the job. The burn got infected, but they did not realize it because their leg was already red.

In this case, the burn spread down their leg into their ankle where they had previously had surgery with hardware in place. The infection caused problem with the hardware and ultimately it needed to be removed and replaced. If it wasn’t, they risked having their leg amputated.

As a result, this case is not just a leg burn claim. The medical bills for the ankle surgery had to be paid for by workers’ compensation as did the extensive time off due to the surgery. And when the case is ready to settle, they will be compensated for both the leg and ankle problems. A case that might have been worth $10,000 or so is now likely worth more than $100,000 and potentially more than that based on what recovery the worker makes.

These types of problems happen all of the time. You could get MRSA from a surgical procedure. You can get an epidural injection and then have an infection at the injection spot. Sepsis is a risk when you have a surgery too. But it certainly is most common when workers have burns and cuts.

The best advice we can give is to get medical care as soon as you realize there is a problem. Signs of infection can include:

  • Fever
  • Pain
  • Sensitivity to touch
  • Redness
  • Fatigue
  • GI issues like vomiting or diarrhea

Of course you should not be expected to diagnose yourself, so if you have any worries, you should get to a doctor ASAP. The sooner an infection is caught, the more likely that the result will be positive.

There are some injured workers who are more prone to problems from infections than others. That is a huge problem for people with diabetes. A blister on a toe from a work boot could get infected and result in an amputation. A problem that might resolve itself in a week or two for most people could drag on for months.

No matter your pre-existing health issue, if you struggle to recover from an infection or it causes an additional injury, even a severe one, it is part of your work comp case. We have been involved in cases where a small cut got infected so bad that a worker became permanently disabled and their case was worth hundreds of thousands of dollars.

Illinois work comp insurance companies are notorious for playing games with infection cases, but a good attorney can stop them and protect you. We have a state wide network of top Illinois work comp lawyers and we would love to help you. For a free case review, please contact us at 312-346-5578. We cover all of Illinois.

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