No, Your Boss Doesn’t Own Every Doctor In Central Illinois

By Mike Helfand on Posted in Tips if Injured

One of the best things we do for people who have Illinois workers’ compensation claims is talk them off the ledge. A big injury can be scary. Missing time from work can be scary. A lot of people can be in your ear or make you worry about things you shouldn’t. Beyond that, a lot of people just have general misconceptions. There’s one in particular that we see a lot in central Illinois because a lot of people work in small towns where everyone knows everyone (southern Illinois too and occasionally northern IL).

This is what an injured worker told me recently:

I don’t know how I’m going to win this case. My boss is connected. He owns every doctor around here. He hangs with all of them and all the Judges at his country club. He’s so rich and everyone knows him.

There are some things they said that are certainly true. The boss is surely wealthy. Most people likely know who e is. He’s a country club member at a place where a lot of doctors, Judges and others hang out.

What isn’t true is that his status can change the result of your work comp case. These are administrative claims, not lawsuits. That means that you don’t have to convince a jury of 12 people who know him anything. That’s because there won’t be a jury. There will be an Arbitrator and it’s highly likely that Arbitrator doesn’t know your boss. That’s because most Arbitrators don’t live in the county where the claims are being hear. This is especially true downstate in central and southern IL where one county will host hearings for as many as ten other counties.

So the boss being a big deal isn’t an issue. And if we can prove that they are friends with the Arbitrator, we can ask the Arbitrator to recuse themselves (withdraw) from the case so a neutral Judge can take over. Being an Arbitrator is a rather cushy job and the ones we come across are ethical and follow the rules. They aren’t going to risk their career to help a friend, especially when Illinois work comp law is straight forward. It’s just not happening.

And if you are worried that they are friends with your doctor, my suggestion is travel to a bigger city. In those places the doctors are generally better and there is less likely to be a conflict of interest. So head to Springfield, Decatur, Peoria, Champaign or even close to Saint Louis if need be.

The reality is that your boss won’t have much influence on your case at all, except whether or not to take you back with any restrictions. We deal directly with the insurance companies. Any good Illinois work comp attorney will make sure that the law if followed. So if the facts are on your side and a good doctor is in your corner, you should prevail.

When I brought this issue up to a great central Illinois workers comp lawyer we work with on cases, he did say one fear is true. He said that many of the central Illinois doctors are beholden to the insurance companies and don’t like to go against them. It’s an important reason to get an attorney who knows who the good doctors are and to make sure that you aren’t saying or doing things that can hurt your case.

If you have any questions and want a free consultation with an experienced attorney, call us at 888-705-1766.

Illinois Work Comp Law And FMLA

By Mike Helfand on Posted in Benefits

We are experienced Illinois workers’ compensation lawyers. If you would like a free consultation, please call us any time at 888-705-1766 to speak with a lawyer.

Just about every week of the year I get a call from somebody who was injured on the job, but isn’t looking for a work comp attorney. They have one already, but need help with the Family Medical Leave Act or FMLA. Basically they are hoping we can refer the to an attorney who works on those cases on behalf of injured workers.

In almost every case we tell them the same thing. If you like your work comp lawyer, they should recommend a lawyer for you. They don’t have to handle FMLA cases, but if they are doing work injury claims every day, these issues come up so much that they should know someone good to suggest you to.

On the other hand, if you don’t like your work comp attorney, we’d be willing to discuss taking that case over. If we did, we’d then refer you to a great labor lawyer who handles FMLA claims. But we won’t do one without the other.

There are a couple of reasons for this policy. First off, we don’t believe we should do the work of your lawyer. If they care about you and are experienced, suggesting a law firm that helps should not be a problem. Too many law firms blow off their clients and say something like, “You only hired me for the work comp part.” That may be true, but in our opinion, the attorney has an obligation to help in any way they can, especially when the issue is related to the underlying work injury case. They don’t have to represent you beyond work comp, but they shouldn’t blow you off either. When they do it’s a red flag to me and a sign that they aren’t the right lawyer for you.

The second reason we don’t do this is we believe it’s important that the work comp lawyer and FMLA lawyer have a good working relationship. I say that because the issues in each case overlap and it’s beneficial for the attorneys to share information with each other. While that’s possible if they don’t know each other, it’s more probable when they are used to emailing and texting each other. If they don’t know each other, it can cause delays or misinformation that could hurt one or both of your cases.

And honestly, if your work comp lawyer won’t go to bat for you at a time when you are missing so much work that FMLA becomes an issues, what are they going to do if the case has to go to trial or you need approval to get a surgery? I just don’t believe they will fight as hard for you as they should.

The good news is that these issues usually come up toward the beginning of a case. So you’ll know pretty quickly if your attorney is in your corner or not. And if they aren’t it’s not usually hard to switch and find someone who will really advocate for you.

This Illinois Work Comp Lawyer Is Insane

By Mike Helfand on Posted in Tips if Injured

I’ve been blogging about Illinois workers’ compensation law for about 15 years. Somehow I keep on hearing new things that are worth publishing. I would have thought that I’d have run out of things to talk about years ago. Fortunately or unfortunately there are a lot of people doing things that I just can’t believe are happening.

Take for example this one Chicago work comp lawyer who is in his 80’s. He signed up a client who had a significant leg injury. It’s been over two months and nothing has happened on the case. If it’s denied she doesn’t know why as the lawyer hasn’t given her any answers.

She hired him because he’s “experienced” but the reality is that he’s too experienced. He told her that, “I’m the one you’ll talk to throughout your case. And I’ll handle every aspect of your case. The exception is that if we have to go to court, I don’t do that anymore. So if that happens I will have one of my associates handle that.”

So this attorney handles “every aspect of your case” except the biggest part of it that decides whether or not you win or lose. That is insane!!!

Beyond that, this attorney is in their 80’s. So to succeed, you have to hope that all of the information you share with him about your case gets properly relayed to someone. That person will then have to go to court and know your case well enough to take it to trial.

Now many firms have internal systems where every time you talk to a client, the information you share is documented. That way if someone has to step in, they will know about your case or can properly prepare. Call me skeptical, but I highly doubt a lawyer in their 80’s, who built a career the old fashioned way, is documenting all of your calls with them on a computer system.

This means a new lawyer is going to court without all of the info you want them to have. Your day to day attorney has to be your person.That doesn’t mean that someone can’t help out, especially if it’s a routine court appearance or a straight forward medical deposition. But if your case is going to trial, the lawyer really needs to know your case and you personally.

It’s all about what gives you the best chance of getting a good result in the end. In my opinion, it’s not some attorney who has 200 cases of their own having your case assigned to them last minute and figuring out the strengths and weaknesses of your case based on internal memos.

I shudder to think what the pre-trial prep with you would look like. And how much time would you have to spend educating them or repeating things you’ve already told your main lawyer.

I’ve seen this scenario play out so poorly at the Illinois Workers’ Compensation Commission over the years. Attorneys who are covering for someone else are shuffling through papers and looking for medical records that explain what’s happening. You can imagine how much an Arbitrator loves it when an attorney can’t answer a basic question about a case.

The way to protect yourself in this scenario is to ask the attorney at the beginning of the case the following. “Who will be responsible for handling my case? Will that attorney try the case if it goes to trial? What happens if they become unavailable?” If the firm can’t answer those questions, they aren’t right for you.

Remember, this doesn’t mean your lawyer should never take a vacation. This 80+ year old lawyer apparently spends three months in Florida every winter. That’s not a vacation. But if an attorney is out of town for a week’s worth of R&R, it’s not a big deal as long as they aren’t scheduling major events on your case while their gone. And the truth is that no good lawyer would ever schedule a trial for a time that they can’t be there.

Target Workers’ Compensation Cases In Illinois

By Mike Helfand on Posted in Tips if Injured

We are experienced work injury lawyers who will talk to you for free. Call us any time at 888-705-1766 or start a live chat. We’d love to help you if we can.

I love Target. Especially compared to Walmart which I won’t set foot in due to how they treat their employees. Target just seems friendlier and from the hundreds of Target workers we’ve talked to about their work injuries, they seem to generally treat their employees better even if there’s room for improvement.

I was in a Target a few weeks ago when I saw a store employee fall really hard to the ground due to a liquid on the floor. Not being an ambulance chaser, I only offered them a hand back up, not a business card. I don’t know if they’ll have a back injury that needs treatment or not, but I wouldn’t be surprised if they did.

The way my brain works, I began to immediately think of what they’ll have to deal with and look out for if they are hurt. Even if their boss is nice, there’s a lot to look out for because their boss, for the most part, will have nothing to do with the case.

Target is self insured which is legal speak for the fact that they pay work comp benefits out of their own pocket instead of through insurance. Big companies do that because even with all of the injuries it saves the money. Target hires the insurance company Sedgwick to process the claims though and they can be ruthless.

Fair or not, my perception of how Sedgwick treats Target employees is that the workers are lucky to have their jobs and probably not smart enough to push back because a lot of them don’t have a higher education. That’s gross and disrespectful and of course total bullshit. You don’t have to go to college to be smart or know your rights.

Sedgwick will push the boundaries when they can. It will likely start with them asking you to give a recorded statement about how you were hurt. Even if you have nothing to hide you shouldn’t do that as it’s designed to see if they can deny your case for any reason.

After that they’ll assign a nurse case manager to your case. While that is legal, what isn’t is that nurse talking directly to your doctor or trying to attend your appointments. They will interfere with your care when they can with a goal of reducing the medical costs on your case. They do that even when their actions can result in your injury getting worse.

And of course they love to send you to an IME who is a doctor of their choosing and will conduct surveillance on cases that drag on. Sedgwick has no relationship with you or assessment as to your value to Target like your boss might. They are there to save Target money which allows them to keep the valuable Target business. You should not trust them at all. They are not looking out for you.

Target workers of course often do high risk activities like lifting heavy boxes, driving forklifts, dealing with upset customers, working in the cold or even taking boxes outside when it can be icy. So we see a ton of different injuries from every way imaginable. This includes a lot of repetitive trauma injuries from doing the same activities over and over.

Know that even if you don’t have health insurance, you can still get 100% of your medical care covered for a work injury. You can also be paid for your time off of work and eventually get a settlement for the extent of your injury. The key for you is to do a few things:

  1. Report your injury to your boss or a supervisor ASAP and no later than 45 days from when it happened.
  2. Get to a doctor as soon as you can. Go to the ER if you don’t have a doctor or the wait is too long to see one. The longer you wait to get medical care, the harder it is to win a case.
  3. Listen to your doctor and cooperate with the treatment plan. Don’t miss appointments or physical therapy sessions. Follow their instructions if they give you work restrictions.

And while it’s easy to say, don’t stress. Illinois work comp laws protect workers. We’ve helped hundreds of Target employees and can help you. Please call us any time at 312-346-5578 to talk to a lawyer for free. We help everywhere in Illinois.

What Does It Mean To “Win” Your Work Comp Case?

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

A recent caller to my office was a bit confused about his Illinois work comp claim. He told me that he was upset because he wasn’t getting TTD checks anymore even though he won his case. The call went on and I learned that he was hurt in September (this call took place in November).

With a few more questions, I realized his belief that he won was because he initially received a letter from the insurance company saying that his work comp benefits were approved. They got cut off a few weeks later for a variety of reasons. He had not won his work comp case, but he also hasn’t lost it either.

Before I go into what it means to actually win a work comp case, note that just because an insurance company starts paying benefits, doesn’t mean they can’t stop. Paying the first check or initial medical care or even doing it for a while isn’t an admission by them that you have a good case. New information can arise such as them having a witness come forward who disputes your accident. Or an IME doctor can say you are fine. Etc.

Most Illinois work comp cases don’t have actual wins or losses. Even if the case gets disputed at some point as many of them do, it’s also more likely that eventually the case will settle. Is a settlement of your work comp case a win? It might be to you if you are happy with the money you receive and are feeling better. It also might be a win in the eyes of the insurance company because they are happy that your case is closed or they feel they spent less on your case than they thought they’d have to.

If you get a settlement of $100,000 on your work comp case, I can see why you’d think that’s a win. But would you feel that way if we told you that you could have gotten $115,000? How about $150,000? How about if you discovered the case would have been worth $300,000 if you went to trial, but that would take an extra year?

There are no statistics on wins and losses in these situations because it’s impossible to measure. I wouldn’t worry about it, but instead encourage people to focus on their health, making a good recovery and getting the most of the benefits that are owed to them.

Wins and losses do happen if your case goes to trial. That’s because an Arbitrator will issue a written decision which rules on disputed issues. Even then, there’s no guarantee of a complete win. You might have a case where the insurance company is disputing how long you were entitled to TTD benefits and what the ultimate value of your case is. If your lawyer argued that you were entitled to nine month of TTD and the case is worth an additional $80,000 and the insurance company says three months of TTD and additional $50,000, is it a win if you get all of the TTD and $50,000???? How about seven months of TTD and $70,000? It’s all open to interpretation.

There are of course cases where you get nothing and it’s a clear loss or you get everything you are asking for and it’s a clear win. But even then, you might “win” but it takes you two years to get to that point so it can feel like a loss due to the hardship the delays cost.

So again, don’t worry about a win or a loss. Worry about getting the benefits you are entitled to and just remember that even if you are getting benefits now, the insurance company can try to take them away so it’s best to be prepared by having a lawyer in your corner who knows what they are doing.

Will They Mess With Me If I Get A Lawyer?

By Mike Helfand on Posted in Tips if Injured

One of the tough things Illinois workers’ compensation lawyers – and probably people in most industries – have to deal with are perceptions that people have that don’t match reality. People read the internet or talk to people who have had work injuries previously and get ideas in their head that just aren’t true. Or worse their employer lies to them and makes them think something is true that isn’t.

This thought came to me recently when I talked to someone who works with a large Illinois employer that has a lot of work injury cases. They have a ruthless insurance company who handles all of their cases and doesn’t always follow the rules. This worker has a major injury and told me that, “So far they’ve done everything right. I’ve thought about getting a lawyer, but I’m worried they will mess with me if I do.”

Now is it possible that an insurance company or employer will retaliate if you get a lawyer. I guess it’s possible. But what we do as lawyers is deal with predictors of success and what things are most likely. And the 100% truth is that a good lawyer is more likely to protect you and prevent problems than they are to make your situation worse. And this particular call was a great example of that.

While the caller thought everything was going well, it turns out that the insurance company has had a nurse case manager go to the medical appointments. That nurse has been talking to the doctor and trying to influence the treatment that is given. That is against Illinois workers’ compensation law. Beyond that, the insurance company made the worker think that they couldn’t choose their own doctor.

So the reality is that this worker is already “being messed with” and this is just what I know from a quick phone call. There are so many other ways that they can screw around with you. Some examples we’ve seen over the last 28 years include:

  • Not paying weekly TTD benefits at the right rate.
  • Sending you to an IME to try to have you cut off.
  • Conducting surveillance on you.
  • Taking a recorded statement where twist your words around.
  • Not calling back.
  • Delaying payment of benefits for no reason.
  • Telling you they are “investigating” when nothing is really happening.
  • Having private investigators reach out to you on social media disguised as someone else.

The bottom line is that you have to be careful and can’t for a minute think that they are in any way looking out for you. These big, billion dollar insurance companies care about making money and nothing else.

So while we can’t promise you a result without knowing the facts of your case, we can promise you that in almost every situation you will do better with a lawyer than without. And that’s true whether you find one through us or a good one through another resource.

I Just Cost Myself Millions Of Dollars

By Mike Helfand on Posted in Tips if Injured

Every Illinois work injury lawyer wants good cases. What’s a good case? That means a few things to me. First off, the client is a good person and easy to work with. Second is the case isn’t a mess. That means the client isn’t coming to us after a ton of mistakes have been made by them or another lawyer. We’ll look at those cases, but won’t get involved if they are too messy. And finally, any honest work comp attorney in Illinois will tell you that they are interested in cases involving big injuries.

The biggest of injuries usually involve surgeries done by orthopedic doctors. That doesn’t make the case worth millions, but it means that if an attorney has to spend a lot of time and effort on a case, the 20% fee they receive in the end will justify all of that. The best of those cases usually involve back injuries as they can be so debilitating. The more significant injury, the more a case is worth.

So while I and everyone I know wants those cases, it might surprise you that I just turned down an opportunity to be the “exclusive” referring lawyer for an orthopedic doctor in Chicago. He asked if I would be willing to take calls from him on behalf of patients injured on the job and if he could connect me with them for representation. Sounds too good to be true, right?

The catch was he wanted me to send him injured workers who need an orthopedic doctor. A lot of people come to us soon after they’ve been injured and often have only been to the ER or their primary care doctor. It’s not uncommon or me to recommend that they see an orthopedic doctor. But unless they don’t know any or are having trouble finding one, I never suggest who to go to. And even when I do, I give them names of a couple of reputable places. Those doctors never know I suggest them.

Why do I do it this way? First off, if a lawyer is telling you that you have to treat with a certain doctor because that doctor gives them business, that’s unethical and scummy to me. They aren’t making the recommendation for your health, but for their pocket. This is how orthopedic doctors who mostly treat knee injuries end up caring for someone with a torn rotator cuff. It’s good for the doctor, bad for everyone else.

Second, if you are ever on a witness stand and the defense attorney asks you how you chose your doctor, if you say your lawyer sent you there, it hurts the credibility of the case. The same is true if the doctor gives a deposition and has to answer how well they know your lawyer and how much business they give each other. That could tank your case when otherwise you’d win.

I’ve never agreed to these deals and never will. It’s cost me a lot of money and given that this recent doctor is a spine surgeon, it probably cost me millions in the long run. I don’t care as I don’t worship money and I like to be able to sleep at night knowing I’ve never intentionally harmed someone for my own benefit.

My $.02 is that if an attorney is insisting you see a doctor (one caller told me her lawyer said he’d drop her if she didn’t see the doctor he wanted her to) it’s a huge red flag and the type of firm and doctor you should avoid.

Is Getting An Illinois Work Comp Attorney Too Aggressive?

By Mike Helfand on Posted in Tips if Injured

I recently talked to a worker at a large delivery company with a terrible back injury. He hurt himself lifting boxes on the job and eventually got a MRI that showed he has a herniated disc. He has pain shooting down his legs, trouble sleeping and generally speaking feels miserable. I would be very surprised if his orthopedic doctor didn’t recommend surgery as he’s been in physical therapy for two months and had steroid injections. None of that has helped.

The reason he called is that he was getting very frustrated with the insurance company for his employer. They were delaying approval of medical care. He discovered his ER bill hasn’t been paid. His TTD checks are constantly late. One TTD check is just missing and they won’t replace it. He’s being sent for an IME and the adjuster keeps saying things like, “you really need to get back to work” even though no doctor has said that.

If any case was in need of an Illinois work comp attorney it’s this one. The caller was reluctant so I asked him what he was worried about. Usually people tell me they are worried about the cost and are relieved to learn that it costs nothing to hire a work comp lawyer and we only get paid if we get you a settlement eventually. That wasn’t his concern.

He told me, “I’ve thought about getting a lawyer, but I was worried that it would seem too aggressive.”

I had to pause for a second to gather my thoughts as I couldn’t believe it at first. Here’s a guy who busts his ass at work in a heavy duty job, has a very serious injury and is being treated like garbage by the insurance company. They are violating the Illinois Workers’ Compensation Act and really taking advantage of him.

There is no downside in getting a lawyer on just about any Illinois work comp case. And there definitely isn’t one when you are getting pushed around. Nobody who matters thinks it’s “too aggressive.”

No part of your decision making process should be based on what the insurance company, your employer (especially at a big union company like this one), your friends, co-workers or anyone else thinks. It’s a similar mindset to people who think that if they hire a criminal defense attorney when charged with a crime that it will look bad because they are innocent. Getting a lawyer is what smart people do.

The same day this happened, an insurance adjuster called me. She wasn’t calling about a case, she was calling because her brother had been hurt at work and she wanted my help in looking out for him. This is a call I get at least once a month. Insurance people know that getting a lawyer is what you should do.

What I told this caller is that he has a very serious injury and should be worried about his health which they are threatening with their actions. Any fears or perceptions should be out the window. And that is the same advice I’d give any injured worker. It’s not a sale or me looking out for myself. It’s just the plain truth.

If you have any questions about an Illinois workers compensation case, please call us for free any time at 312-346-5578.

February 6th Caused A Lot Of Slip And Fall Injuries

By Mike Helfand on Posted in Injuries

It’s been another lovely winter in Illinois. It was brutally cold earlier in the week and while it’s slightly warmer, there is still bad weather and probably some bad weather to come.

The worst day so far this winter was February 6th. There was a terrible ice storm that day. As a result I’ve been contacted by at least 10 people since then who fell and sustained injuries. And it happened not just in Chicago, but in the suburbs and collar counties as well. I cant’ remember a day so bad for injuries to workers that were all similar.

Fortunately most people who called me had a case, but not all of them. A couple of the workers have jobs that require them to be outside. That’s essentially their office. So their slip and falls were similar to someone who works inside and fell on a wet floor. They all clearly have cases.

One person fell inside due to someone dragging water in on their boots. The ice was outside, but for them, the danger was inside. That’s also a case because it happened in an area where they have to walk and was inside their place of business. It sucks they were hurt, but if they were just a customer at the store they wouldn’t have had a case. So fortunately they will get paid for their time off, get all of their bills paid and get a settlement.

Another guy who reached out to me got hurt while taking a box out to the dumpster. That is clearly a case as is the one who was hurt going to their car to grab their phone charger.

Two of the callers fell in the parking lot where they work. One had a case and one doesn’t. The good one was a worker whose company required him to park in a certain spot. That area is only open to workers and the company owns the property. Any of those things alone would make it a work comp case and he had all three.

The bad one worked for a big department store in a well known mall. The mall isn’t owned by her employer and she can park wherever she wants. She parked in an area open to the public and fell when exiting her vehicle. This was before the work day started. While theoretically she could sue the property owner or landlord, especially if they were required to salt and shovel, in this case there’s no liability for work comp unfortunately.

The injuries ran the gambit. Wrist sprain, fractured wrist, torn ACL, back injuries, shoulder sprain, likely torn rotator cuff and a groin injury from doing the splits. While we know it’s not going to be summer weather soon, hopefully we don’t have another nightmare storm like this. In 28 years of being an attorney I don’t recall one specific weather event injuring so many people.

Having Diabetes And Illinois Work Comp

By Mike Helfand on Posted in Injuries

There is an old Illinois workers’ compensation saying that is just as true today. It goes, “An employer takes you as they find you.”

In plain English that means that your employer or insurance company can’t argue that something wouldn’t have happened to you if you didn’t already have a problem. If you can’t have surgery after a work injury because of a heart problem, they don’t get off the hook. If your old back problem gets worse from lifting on the job, that’s just the way it is. You get work comp benefits.

The same holds true for workers who have diabetes. Diabetics often take longer to heal and can have problems become much worse due to their non work related condition. That’s not a get out of jail free card for employers to avoid work comp responsibility in Illinois. They “take you as they find you” and if this means your work injury costs more than they think it should too bad.

A good example of this is a local route truck driver who called us after cutting his foot with glass. This was no ordinary glass as it pierced the bottom of his shoe and caused a bad gash. Being diabetic made it harder to heal and it got badly infected resulting in a surgery. There’s a possibility his foot might have to get amputated, but that is to be determined.

The insurance company denied his case and stated that he was really hurt and needed surgery because he has a diabetic ulcer on his foot. They are saying if it wasn’t for the diabetes, none of this would have happened.

This is a bullshit argument and one that likely can be easily overcome. To me it was just a Hail Mary attempt by the insurance company in hopes that the truck driver wouldn’t know any better and go away.

The reality is that none of this would have happened had he not injured himself while working for his employer. When that happens, the employer is on the hook for all reasonable and related medical care. Him being diabetic isn’t why he got injured. The fact that it made the recovery worse is not something he gets punished for.

Over 38 million people in the US are diabetic. They don’t get punished because of their condition when they get hurt on the job.

As a result we’ve seen cases where an injured Illinois worker had a case that would be worth a few thousand without diabetes become worth in the high six figures because the downward spiral causes them to either not be able to work or suffer a significant wage loss.

The only time diabetes really hurts injured workers case if it can be proven to be the actual cause of an injury. The most common example is carpal tunnel. Diabetics are 15 times more likely to have carpal tunnel than the general public. So that often creates a good defense to a claim.

If you have any questions about any of this or want a free consult, please reach out any time.

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