Illinois Work Injury When You Were Planning To Retire

By Mike Helfand on Posted in Benefits

Just about everyone wants to retire at some point. When you read a story about someone working in their 70’s or 80’s, it is not a good thing unless they are working by choice and not by need.

A lot of jobs come with pensions or other retirement benefits. So teachers, many union workers, state employees, etc. will have a set date they can retire and receive continuing compensation. You don’t have to retire at that time, but can and most do. As a result, it is common for many workers to schedule their retirement, often many months in advance.

But what happens when you have a retirement planned and then you sustain a work related injury?

First off, with respect to whether or not you will accrue enough time to still retire if you are off work due to an injury, that is a company specific question.

We can answer questions about your work comp benefits. Here are some important things to know.

  • Whether you retire or not, you can still have all of your medical bills paid for as relates to the work injury. So if you are hurt in October and planning to retire December 31, you can continue to get medical care paid for by workers’ compensation after your retirement date.
  • If you are completely authorized off any work by a doctor, you will continue to get TTD benefits, even after your retirement date. This means your doctor says no work at all.
  • If you have the ability to work but with restrictions, even if significant ones, getting TTD after the retirement date will be a challenge. Your employer can say that had you not retired, they would have work for you. And they will say this even if it is not true.
  • You can still get a settlement if you retire.
  • The settlement could be reduced by tens or hundreds of thousands of dollars if you have a major injury. That is because you would not be able to likely make a wage differential claim because once again your employer can state that they would have made some work for you. So a case that could have been worth $400,000 could suddenly be worth $75,000.

So if you do have a major injury and were planning on retiring, some thought needs to be put into your next steps. I would not do this without consulting an attorney first (you can call us for free at 312-346-5578) but it might be wise to try and rescind your retirement paperwork..

That does not mean that you will not retire soon. It just means that you should hold off doing so until your work comp case is resolved or we have an indication that you will make a complete and full recovery with no need for work restrictions.

In my experience, the farther out your retirement is, the easier it is to get the company to agree to the reversal. That said, it is often at their discretion unless your union can dictate how this can happen.

The bottom line is that a retirement does not take away your work comp rights, but it could limit them if it is not reversed. But doing so can have huge financial advantages for you when it comes to what your work comp case can ultimately be worth. So exploring it is a must if you have anything beyond a superficial injury. If you’d like a free case review so you can make an educated decision, please reach out any time.

If You Fall At Work Is It Workers Comp?

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

One misunderstood aspect of Illinois workers’ compensation law is a belief that any injury or accident that happens at work is considered a workers’ compensation claim. Most are, but not all. For example, if you are sitting at your desk and have a stroke, it is not likely you would have a case. To win an Illinois work comp claim, you have to show your job contributed to the injury. Being at work is not enough.

The same is true with some falls at work. Most falls on the job are work related accidents. But not all of them.

To have a successful work comp claim for a fall on the job, the first thing you have to determine is why you fell. Here is an incomplete list of reasons you could fall that would likely mean you have a case:

  • wet floor
  • slippery floor
  • you are carrying work items and lost your balance
  • you are running to a meeting
  • carpet was loose
  • you fell over an object in the way
  • you fell in a hole
  • the ground was uneven
  • someone bumped into you
  • something bumped into you
  • you were working in an icy area

Those are 11 of the most common reasons people fall on the job. If you fell for one of those reasons and were hurt, it would be shocking if you did not have a good workers’ compensation claim. Unless you were drunk or engaging in horse play, if you were at work it should be a case.

Now here is a list of the most common reasons a fall on the job is not covered under the Illinois Workers’ Compensation Act

  • you do not know why you fell
  • you were off company property

Those two reasons are probably why 99% of cases that are not compensable are truly not a case.

The first one can be frustrating, but sometimes it can be overcome. If you are walking down the hallway at work and the next thing you know you fall to the ground, it is not unreasonable that you wouldn’t know why you fell, especially if you are in terrible pain. Often the true answer is “I slipped on something” but you did not look around to see what.

If you give a recorded statement to the insurance company and state that you do not know why you fell, that will likely end your case. It is one reason that we advise you never to do that. To win a case, you have to be able to explain why you fell.

The second reason is part of a fact analysis. It is why talking to an experienced Illinois work injury lawyer is important. If you work at a grocery store and park where the general public does, if while walking from your car you slip on ice in the parking lot, that would likely not be a case. That is because under Illinois law your employment did not increase your risk of injury as compared to the general public. The possible exception would be if your employer owned the parking lot.

On the other hand, if you are directed to park in a certain area for employees only, that increases your risk of injury. So a fall in that area would likely be a case.

The biggest warning I can give you is that insurance companies deny these cases wrongly more often than any other type of claim. Do not assume that if they turn down your claim that they are correct. Always seek a legal opinion.

If you would like a free case review, please call us any time at 312-346-5578. We have a state wide network of great Illinois work injury attorneys and have handled hundreds of fall cases.

When Your Employer Insists You Return To Work

By Mike Helfand on Posted in Tips if Injured

We are work injury attorneys who will do whatever we can to protect you. Please call us for free to discuss a case at 888-705-1766.

Here is a sadly very typical Illinois workers’ compensation experience. I am using an example of a recent caller, but this could be 100 different scenarios that all end the same way.

A woman was working at a factory in the Chicago area and fell on a wet floor. She hit her head on the way down which caused a huge gash. This was on a Friday. She went to the ER, got stitches and was told to take a few days off work and follow up with any problems.

She was hoping to go back to work that Monday, but she woke up with terrible head pain, had trouble walking and was vomiting. That is a sure sign of a concussion. She called in to work and told them what was wrong. Her boss got on the line and said that she better show up the next day. Total prick.

Her family took her back to the ER and she got to see a neurologist. He diagnosed a concussion and was admitting her for tests. He authorized her off work for the next two weeks. He also told her son that he wouldn’t be surprised if she needed a month or two to recover.

The worker is freaking out because her boss has insisted that she return despite how poorly she is doing. They wanted to know what to do.

The honest answer is that they have done everything correctly. The only thing left to do is not be intimidated by the bully boss. You provide the off work slip from the doctor and get follow up medical care. I know that can be difficult for some people, but that is what the law is.

What should happen next is that they should pay her until she is cleared and she should focus on her health. A concussion is a brain injury. This is serious business. Some jerk boss should not put her long term health at risk.

We see this happening with all sorts of scenarios. Employers who do not care about you or your health try to get you to ignore the law and what is best for you. You do not have to do this. And you should not be pressured in any way to return to work before you and your doctor feel that you are ready to do so.

Sadly we have seen too many injured workers cave and make their physical injuries much worse. In one case an injured worker went from having back pain to blowing out his back and needed a lumbar fusion surgery. That kept him off work for close to a year longer and will greatly affect him the rest of his life.

I know it can be hard when you are living paycheck to paycheck or you can not risk losing your job. We can almost always protect you. If you would like a free, confidential and no commitment consultation, please call us any time at 312-346-5320. We cover all of Illinois.

Medical Privacy and Illinois Workers’ Compensation

By Mike Helfand on Posted in Benefits

I recently read an article about medical privacy laws and it said that injured workers have it worse than anyone, including prisoners. Many injured workers are left to either disclose sensitive personal medical information or not pursue a claim at all. Of course, the insurance company hopes you choose the not at all route.

The article was written about work comp in general and was not targeted toward Illinois. I’m sure in some states that if you get injured on the job you have to turn over all of your lifetime medical records if asked. That is NOT the case in Illinois.

Under Illinois workers’ compensation law, the insurance company can ask for anything, but only have a right to view medical records that are related to your injury. So if you hurt your back on the job and also were in a car accident five years ago, they can access those old records if it mentions your back. But if you had a concussion with no back injury in that accident, they have no right to see that information.

The bigger concern is them having access to more sensitive records. This can include treatment for psychological issues, pregnancy, sexual assault, cancer care or anything else. The Illinois Workers’ Compensation Act protects you. You don’t have to share or discuss any of these things unless it somehow relates to your work injury. You are protected from sharing anything you don’t want to because it’s stigmatizing or could affect your present or future employment.

Of course, insurance companies bush boundaries. When they send you a medical release form, it typically allows them to access any and all medical records. They will tell you that if you do not sign it that it will delay your claim and may result in it being altogether denied.

Do not believe them. Yes, they have a right to medical records related to your injury. But one of the first things we do as Illinois work comp attorneys is limit the scope of the medical authorization and release form. We will cross out any language that says they can get all or most of your medical records and make sure it is limited to just treatment related to the same body part.

And in some cases, your injury is so obviously new and from a work accident that they do not need to access anything other than your current medical records.

Your right to privacy is important and should be protected. And that really is the best thing an Illinois work comp attorney can do for you. If they are not protecting you then what good are they?

Injuries When You Stop On The Way To Work

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

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

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

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

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

A Compensable Work Related Injury Driving From Home To Your Office

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

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

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

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

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

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

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

Work Place Violence And Illinois Work Comp

By Mike Helfand on Posted in Injuries

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

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

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

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

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

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

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

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

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

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

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

By Mike Helfand on Posted in Benefits

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

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

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

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

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

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

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

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

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

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

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

The Big 10 Is Treating Athletes Like Truck Drivers

By Mike Helfand on Posted in Benefits

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The Ten Biggest Work Safety Violations From 2025

By Mike Helfand on Posted in Injuries

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

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

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

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

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

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

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

Diabetic Blisters And Illinois Workers’ Compensation

By Mike Helfand on Posted in Injuries

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

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

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

Diabetic Blisters Made Worse By Your Job

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

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

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

Other Situations That Cause Diabetic Blisters In Workers

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

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

Do I Have An Illinois Workers’ Compensation Case?

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

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

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