One Employer, Two Injuries, Two Insurance Companies

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

Here is an Illinois workers’ compensation situation that comes up a handful of times a year. We don’t like to see anyone have their benefits denied, but we like this situation because the law is incredibly crystal clear and it is an easy problem to solve. Here is what happens.

A worker at ABC Company hurts their back on February 1st. There is no dispute that it is a work-related injury. They receive three months of physical therapy and an epidural steroid injection to their lumbar spine. They miss six weeks of work. Everything is paid for. Come May, they are feeling really good, and their orthopedic doctor says that they can work full duty and do not need any more care. That case was handled by the X insurance company (it could be Travelers, ESIS, Hartford, or anyone else).

They return to the ABC Company and in June they hurt their back again while lifting a box. They go to the orthopedic doctor again and he wants the worker to have a MRI. This case is being handled by the Y insurance company.

What typically happens next is the Y insurance company refuses to pay for the MRI. They say that the back injury is really from the first accident that is the responsibility of the X insurance company. They are not disputing a new situation occurred or the need for the MRI, but it is their opinion that it all traces back to the February injury.

So who pays for the MRI and continuing treatment?

The answer is we do not care. Your case is not filed as you vs. the insurance company. It’s filed you vs. the employer. Whether the February or June accident is the reason you need to see a doctor now, it all falls under the responsibility of the ABC company.

As a result, their is no defense to not paying. The two of them can argue it out, but someone has to pay. And if they do not pay then a motion for penalties and fees will be granted that will punish them both for their unreasonable denial.

Typically in this situation an Arbitrator will recommend that they each pay half until they can get opinions as to which accident is responsible. It may end up meaning that eventually the case is forced to trial when it is time to settle so an Arbitrator can determine if the June situation was a new injury or a temporary aggravation of the old one. It’s likely that the MRI will help paint the picture, especially if there is an earlier one to compare it to you.

But the bottom line is that you as the injured worker should not have benefits delayed in any way while this gets sorted out. It is one employer. The case might be different if you switched jobs. In this case there is no dispute that the ABC Company is responsible. So their insurance has to pay or they do.

In one case that came to us, a worker waited over a year for this to get solved. That is beyond unacceptable. If a client came to us, we would immediately file a petition for immediate hearing and penalties and fees. Unless there is a defense that you were not hurt at work or do not need the treatment (highly unlikely), I do not believe that there is an Arbitrator in Illinois that would find against you. Even the most employer friendly Arbitrators would rule in your favor.

So if this happens to you, know that you are in a great position and your case is very winnable. Call us any time for immediate help anywhere in Illinois and a free case review.

Can The Work Comp Insurance Company Make You Volunteer?

By Mike Helfand on Posted in Benefits

There are so many clear examples of the cruelty and pettiness of workers’ compensation insurance companies on Illinois work comp claims. They are constantly trying to come up with new ways to mess with injured workers or bend the law.

A tactic that has become really popular over the last couple of years is telling injured workers that instead of collecting TTD benefits while they recover from their injury, they have to report somewhere for volunteer work. A common example is they will tell you to show up at some charity thrift store to help sort through donations. You still get paid your wages or TTD, but are not at your normal place of employment.

The question is, can they get away with this? Can a work comp insurance company make you volunteer somewhere while you recover from your injury?

The answer is it depends. Let’s get into it a bit.

First off, if you are taken completely off work by your doctor for a work related injury, they can’t make you do anything. So if you hurt your back and are completely off work because it’s so severe, you can’t be made to do any job. This is one reason we never give permission for the insurance company to talk to your doctor. They will try and get them to agree you can do volunteer work even if it’s not best for your recovery.

When they might be able to get away with it is when you are off work with restrictions. If the volunteer work is within your restrictions AND your regular employer remains your employer (meaning you have a job to return to eventually) then they can ask for you to do this.

The problem we are seeing, a lot, is people are being asked to do volunteer work that can make their physical condition worse. That is when you should push back.

For example, if you have an arm or hand injury and they are asking you to do a job that involves a lot of repetitive work with your arms/hands (e.g. stuffing envelopes), it could risk making your injury worse. If you have a back injury and you are being asked to do a lot of lifting, you could make your injury worse. So before you accept a volunteer position, we need to clarify what it is you will be doing.

If you do show up and are asked to do things beyond your restrictions or can’t work at the pace they want, I typically suggest that you decline to do what is asked of you. In other words, if you have a 20 pound lifting restriction and are asked to move a box, just say no.

While these organizations like having volunteers, not every place wants injured workers coming by. So we have seen examples of insurance companies asking you to drive a ways to get to the volunteer shift. If your normal work commute is 20 minutes and you are being asked to drive an hour each way, I believe most Illinois Workers’ Compensation Commission Arbitrators would say that is not a legit offering.

We also believe that if they are asking you to do something that is substantially different than your normal job, the insurance company might run into hurdles.

So the answer is that every case is different. I would not just roll over and agree to this, if I were you. There is also the matter of your medical appointments, including physical therapy. Any volunteer work should not interfere with that in any way.

If you are being asked to do this type of work and are not sure what to do, we are happy to consult with you for free on it. Call us any time at 312-346-5578. We help everywhere in Illinois.

When The Insurance Company Wants To Go To Your Appointments

By Mike Helfand on Posted in Tips if Injured

I recently had a consultation with an injured suburban Chicago worker. Really nice, older guy who has been off work for six months with a back and neck injury.

There is no dispute that he was hurt at work. He’s being paid for his time off work. He’s treating with one of the most reputable orthopedic doctors out there. That doctor has ordered more physical therapy. He has already had more than four months worth. He is getting better, but his doctor does not think he will ever work beyond light duty again.

Every time he has received a physical therapy order, he has sent it over to the insurance company. He has, rightfully so, viewed this as a formality. But he is a rule follower so he has gone along with what they have asked of him.

This time they told him something different. They said that if you want to have more physical therapy, it can only happen if we send a representative (a nurse case manager) to your appointments. He wanted to know if this was allowed because they are permitted access to his work related medical info. He thought it was not allowed and told me, “I think this is a HIPAA violation.”

He is right that it is not allowed, but not because of HIPAA laws. Under Illinois workers’ compensation laws, the insurance company has no right to talk to your doctor or any other medical provider other than to ask for copies of records and bills.

What will happen, if you let them, is they will send these representatives to your appointments. Their goal, beyond gathering info about your case, is to try to steer your medical care in a less costly and often much less effective way.

In other words, someone who is not concerned about your health and is just trying to justify their job is going to try and bother your doctor so much that they do things that will not be in your best interests. It could be ending physical therapy even if it’s helpful. It could be doing a surgery that likely won’t be as effective but is cheaper. It could be returning you to work when you are not ready which ultimately makes your injury worse and sets back your recovery.

The good news is that it is a solvable problem and usually pretty quickly. When you do not have an attorney, the insurance company will try to take advantage of you in any way they can. They are motivated by saving money, not what is best for your health and recovery.

If this is happening to you, we would love to help. Contact us at 312-346-5578 and we will connect you with an experienced lawyer in your area that can help.

Lisfranc Injuries And Illinois Workers’ Compensation

By Mike Helfand on Posted in Injuries

A Lisfranc injury might not be a common term, but for workers in industries that require heavy lifting, climbing, or operating on uneven surfaces, it’s a serious and potentially career-altering injury. If you’ve suffered a Lisfranc injury on the job in Illinois, it’s crucial to understand what you’re dealing with medically and legally.

The Lisfranc joint is located in the middle of the foot and involves the bones and ligaments that connect the front part of the foot to the arch. A Lisfranc injury can range from a simple sprain to a complete fracture-dislocation where the bones in the middle of the foot are displaced.

These injuries are often caused by direct trauma (such as something heavy falling on the foot) or from indirect forces (like twisting the foot awkwardly while it is planted). Symptoms can include swelling, bruising on the bottom of the foot, inability to bear weight, and significant pain.

Because the injury can look like a standard sprain at first, it’s not uncommon for Lisfranc injuries to be misdiagnosed or ignored. Without proper treatment, that can cause long-term complications.

Jobs That Often Lead to Lisfranc Injuries

In Illinois, we often see Lisfranc injuries in workers who:

  • Operate heavy machinery
  • Work on construction sites or in demolition
  • Carry or lift heavy objects
  • Climb ladders or work on scaffolding
  • Perform delivery or warehouse duties on hard surfaces
  • Are involved in high-impact work like firefighting or law enforcement

These roles often involve the kind of stress, awkward foot placement, or trauma that can result in serious foot injuries. But of course this injury can happen on any job out there.

Treatment and Recovery

Lisfranc injuries can take months to recover from and often require:

  • Imaging and Diagnosis: X-rays, MRIs, or CT scans are needed to confirm the extent of the injury.
  • Immobilization: Mild injuries might be treated with a cast or walking boot.
  • Surgery: More severe cases require internal fixation (screws, plates) or even fusion of the bones in the middle of the foot.
  • Physical Therapy: Long-term rehab is often needed to regain strength and mobility.
  • Time Off of Work: Recovery can take weeks or months, especially if the job is physically demanding.

For some, the injury results in permanent limitations, chronic pain, or arthritis in the joint. It may impact the kind of work they can do going forward or their ability to return to work at all. The good news it that Illinois workers’ compensation laws protect you in this scenario as long as you know your rights. Which leads to our next point.

Finding an Experienced Illinois Workers Comp Attorney

Injured workers are entitled to significant benefits under Illinois workers’ compensation laws. These benefits include medical care, wage loss (temporary total disability), vocational rehabilitation, and a settlement for long-term damage. Almost every case is worth something and major Lisfranc injuries can be worth hundreds of thousands of dollars.

Insurance companies often downplay injuries, especially those that are commonly misdiagnosed like Lisfranc injuries. We’ve heard from workers who were told it was “just a sprain” and sent back to work too early, only to have long-term damage worsen over time. Some employers try to shift blame, argue the injury was not work-related, or push back on surgery and extended recovery time.

Having a workers compensation attorney who understands Lisfranc injuries and how they affect workers in physical jobs is critical. A good attorney will fight for all necessary medical treatment, including surgery if needed. They will push back against attempts for the insurance company/employer to limit or deny your benefits. And it costs nothing up front to get an attorney.

Not all lawyers are equal when it comes to complex foot and joint injuries. We have a state wide network of workers comp attorneys across Illinois who have handled cases involving Lisfranc injuries and know how to deal with reluctant insurance carriers and complicated medical evidence. That does not guarantee a result, but gives you the best chance of success.

Contact us at 312-346-5578 for a free, confidential consultation and case review with a lawyer.

Older Workers And Illinois Workers’ Compensation Settlements

By Mike Helfand on Posted in Benefits

Every now and then there is an article somewhere about a 90-year-old who has worked at McDonald’s, Walmart or some other place for 50 years. They are celebrated. I respect anyone with a work ethic, but certainly wish jobs would pay enough so you don’t have to flip burgers or stock shelves in your golden years.

It may be the bad economy, but I have noticed a really big uptick in older workers contacting us lately after getting injured on the job. Almost 100% have been real salt of the earth type people. They mostly want to keep working and like what they do.

A couple have been part time workers who also receive social security retirement payments. They are worried that getting a work comp settlement will cause those payments to go down. While that is a valid concern for workers who are on SSDI (although a good attorney can minimize any harm) it is not a concern for those on regular retirement age social security.

I also had a worker who fell and broke her hip wanting to know what her case was worth. She is 74 years old and struggling to still do her job.

How Settlements For Older Workers Are Calculated

One of the factors in determining any Illinois workers’ compensation settlement is your work life expectency. In other words, how long will you keep working? Another factor is, how will this injury affect your ability to do your job.

With older workers, the calculation is a little different. We can’t compare a settlement for someone in their 20’s or 30’s with a similar injury because their age can make the case worth much more.

That said, a serious injury for an older worker can actually be worth more money than it would be for someone younger. If you are forced to stop working that job, but can do a different, lower paying job, you would be entitled to five years of wage differential benefits. For most workers, this means you would likely get something in the low six figures, tax free.

For other workers, a serious injury is likely career ending. If there is no stable labor market for you based on your age and injury, you may be entitled to permanent disability benefits. That could potentially be $50,000 or more a year, tax free, for the rest of your life. In other words, a serious injury that would not end the ability of a 25 year old to ever work again would be worth much less than the same injury to a 75 year old that can not work again.

And for some workers, you get hurt and are able to return to the job. Those cases have settlement value too. How much your case is worth depends on how serious the injury is, the treatment you’ve received, your recovery and your future medical needs.

Medicare And Older Worker Injuries

One way a good Illinois workers’ compensation attorney can protect you is by making sure you do not lose any Medicare rights. 100% of your medical bills for your work injury should be paid for by workers comp. If you settle the case and it’s anticipated that you will need future medical care at some point for the injury, any settlement must take this into consideration.

What will often happen is an additional settlement payment called a Medicare set aside. This is money that should go directly to you to pay for any medical needs you have in the future related to your injury. And if you don’t get that treatment, you get to keep this additional money.

On the other hand, if this is not done, Medicare might deny future services if they pay for things they should not. So it is really important to have an experienced attorney address this issue. You absolutely can not count on the insurance company or your employer to handle it for you. They likely will not as this will cost them more money.

As you can see, there is a lot of information to consider. If your attorney is not experienced, it can cost you a lot of money. We have been helping injured workers since 1997 and would love to help you via our state wide network of experienced attorneys. We promise to treat you the same way we would if a family member or friend asked for help. Contact us at 888-705-1766 any time for a free consultation.

12 Things We Look For To Prove A Truck Driver Is An Employee, Not A 1099

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

Note this is about Illinois workers’ compensation law for truck drivers. That means work-related injuries on the job.

Truck drivers often get misclassified as 1099 employees or owner-operators. This is done for many reasons including a goal of not paying benefits when a driver gets injured on the job. This happens a lot with “fly by night” companies meaning places that open and close up under different names all of the time. It also happens with bigger Illinois trucking companies who know they are breaking the law. Those are the ones we go after after an injury occurs.

The good news is that under Illinois law, if we can prove that the employer had “control” over you, we can likely successfully recover benefits for you.

How To Prove An Injured Truck Driver Is An Employee Not A 1099

To show you are an employee, there are 12 factors we usually look at in making a free case evaluation. They come from a case called Robeson. The 12 factors are:

  1. Do they have safety director/safety meetings/safety bulletins/manuals
  2. Is there a placard on side of truck?
  3. Does dispatch-do they tell them where to go on routes etc?
  4. Gas card-do they give them a company card or do they pay out of pocket?
  5. DOT- do they require you to get one every year-who pays/or reimbursed?
  6. Violations-do you have to report any speeding/other violations right away-can get fined etc?
  7. Only worked for this company no outside work?
  8. Cannot take on unauthorized passengers right?
  9. Does the company own the truck?
  10. Cannot refuse a load?
  11. Are you required to log and given logs by company or use company ELD in truck
  12. Are you required to do pre-trip inspection reports etc?

How Many Steps You Need To Prove In Order To Win

What is important to know is that you do not show all 12 of these things are true. The more that are true, the more likely it is that you are an employee even if you have been misclassified.

In my experience, not being able to refuse a load, being told where to go and not being allowed to work for another company are the big ones. But the more things on this list that are true, the more likely it is that you win. This is true even if you signed something that said you are a 1099 or they paid you that way.

Being a 1099 means you work for yourself. If that is true then you set your own schedule, driver where you want, when you want and set your pay rates. If these things are not true, then they are likely trying to skirt this system.

If you would like a free case evaluation, we are happy to help. We have worked with hundreds of truck drivers since 2001 and have had a lot of success. Contact us any time at 312-346-5578.

My Illinois Workers’ Compensation Lawyer Disappeared

By Mike Helfand on Posted in Tips if Injured

In the last six months or so, I’ve heard from people injured on the job who have said something to the effect of:

I cannot get a hold of my attorney. I have left multiple messages and they do not get back to me. It feels like they have disappeared.

What is interesting is that this has been something I have heard in relation to a bunch of different lawyers and law firms. I looked into the reasoning and here are some explanations for why some people have not heard back from their Illinois work comp lawyer.

They Have Been Suspended From Practicing Law

If you behave unethically, the ARDC, the Illinois attorney licensing board, can take away your law license. In one case that contacted me, we discovered that the attorney they hired had lost his license for taking client funds in another case. That is rare, but does happen. And of course attorneys lose their license for other reasons like abandoning a case, criminal convictions, lying to the court, etc.

They Have Experienced A Personal Tragedy

In one rather sad situation, an Illinois work comp attorney reportedly lost his spouse. This, of course, would be a burden for most people, and unfortunately, it impacted their law practice. We heard from several of their clients that they had not heard back from an attorney for months. Eventually this firm dissolved.

This happens multiple times a year to many law firms. How they respond varies from firm to firm. Most law firms are equipped to pick up the pieces when these things happen. Some lawyers throw themselves into their work because it is a great distraction.

The Firm Is Taking On Too Many Clients

While this could apply to a bunch of law firms, there is one Chicago workers’ compensation firm that seems to really have an issue with this. They advertise a ton and seem to have a strategy of sign up 100 cases, hope that 70 of those are rather easy and settle and mostly ignore the problems on the other 30. In one week we were called by SIX of their clients! That is awful. They all had similar stories about not being able to get anyone on the phone that can help and being told that their case has been “reassigned” but never being able to speak to the new attorney.

It is gross and a sign of a firm that does not care about their clients. If you do not have a lawyer contact that you can speak to when needed, you have hired the wrong firm and should switch before it is too late.

Health Issues Are Affecting Them

This is another one I have noticed more and more. It is not predictable except from the standpoint that if you hire an attorney who is in their 70’s or 80’s, it is more likely that they will become ill at some point. In one case, the person who called me had been unable to reach their lawyer for four months. Finally his wife called on his behalf to say he had a heart attack. It is one reason why we usually suggest that you do not hire a one person firm. Every lawyer needs a backup plan.

They Are On A Long Vacation

This kind of goes with the last one. We would all like to be able to take a two month Europe trip or go on an African Safari or drive around the country. An attorney can do that and actually continue their practice. I know one lawyer who spends a month in France every year, but still works every day and gives his clients his cell phone. On the other hand, we have had calls about lawyers going on vacation and believing this is their chance to completely tune out their work life. If they do not have someone handling their cases, this is an unacceptable problem.

There are other reasons that come up like burn out or being on a long trial for a non work comp client. Whatever the reason, it is never acceptable for a lawyer to not get back to you within 48 hours. And they should be there for you to answer your questions. If not, you should switch firms.

If you are going to consider switching law firms, note that it costs nothing to switch. You won’t personally owe a penny to the first firm. Also, do so before a settlement offer has been made. If you wait too long, finding a new and better firm will be a challenge.

If you want to discuss your case, we are happy to speak to you confidentially any time. Reach out at 312-346-5578.

Jones Fractures And Illinois Workers’ Compensation

By Mike Helfand on Posted in Injuries

A Jones fracture is a break in the fifth metatarsal—the long bone on the outside of your foot that connects to your little toe. This type of fracture occurs near the base of the bone and is known for being difficult to heal because of poor blood supply to the area. It’s a common foot injury, but when it happens on the job, it can lead to significant time off work and long-term complications.

In Illinois workplaces, Jones fractures often happen when someone twists their foot while stepping off a ladder, jumping down from a platform, or slipping on an uneven surface. It can also result from a direct blow or heavy object landing on the outside of the foot. Workers in construction, manufacturing, delivery, and warehouse jobs are especially at risk. But the reality is that this serious injury can happen to any type of worker and we have helped a variety of employees with this problem. It is not something you would expect to happen to a nurse or teacher, but we have helped people in those professions along with the more common ones. There was even a high profile case of an NFL player with a Jones Fracture.

Treatment for a Jones fracture typically includes rest, elevation, and immobilization with a cast or walking boot. But because the area doesn’t get very good blood flow, healing can be slow, sometimes taking months. In more serious cases, surgery may be needed to insert screws or a plate to stabilize the bone. Even after treatment, some people experience chronic pain or mobility issues.

If you suffer a Jones fracture on the job, you are entitled to workers’ compensation benefits under Illinois law. That includes coverage for your medical care, payment for time off of work, and possibly compensation for any permanent damage. It is also really important to consider future medical care before settling your case. It is possible that screws will have to come out or be replaced. You may be entitled to a settlement AND compensation for your future medical needs.

Insurance companies don’t readily approve these workers comp payments. It is common for employers and insurers to downplay Jones fractures because if you don’t know much about them, you think they should heal quickly and easily. If problems persist they may argue that it wasn’t work-related, or push you to return to work before you’re physically ready.

That’s why it’s important to hire an experienced Illinois workers’ compensation attorney. A reputable lawyer with many Jones fracture cases under their belt can protect you, deal with the insurance company, and make sure you get the full benefits you deserve. They can also guide you if your injury ends up requiring surgery or leads to long-term disability.

Our state wide network of experienced Illinois work comp attorneys can protect you. We can connect you with a lawyer who has handled many Jones fracture cases who will look out for your best interests. There is no fee to hire an attorney. If you want to discuss a case, please contact us at 312-346-5578.

Illinois Work Comp – Getting A Second Medical Opinion Paid For

By Mike Helfand on Posted in Benefits

Illinois work comp insurance companies can be so slimy. A nice woman called me about her case. Single mom, very hard worker, just trying to take care of her kids. Unfortunately she has a really bad shoulder and leg injury. TTD pay was not enough to support herself so she tried to go back to work and she could only last a couple of days because her pain got so bad.

When she called she had been treating with a doctor assigned to her by the insurance adjuster for almost seven months. While it’s a small miracle that doctor, who surely is looking out for the company, has not said she is fine, she also is not getting very aggressive treatment.

She asked the adjuster about getting a second opinion from a different doctor that she knows of. The insurance company told her she can go (true), but they do not have to pay for it (FALSE!) and all of those costs would be out of her pocket. She of course can not afford that.

Someone mentioned that she should seek a lawyer and were were lucky that she called us. We love helping anyone, but especially enjoy working with people who are getting abused by the insurance company.

We let her know that she has a right to get a medical opinion of her own choosing. And since this was her first choice, it’s not a case where she’s shopping around for doctors. In other words, there is no credible argument for the work comp insurance company to not pay for the medical treatment.

When she learned this, the caller was over the moon with happiness. She told us that she feels like she does not have a backbone and needed someone to stand up for her.

Insurance companies sadly prey on people like this and really take advantage of them. It’s pathetic.

Now she’s never chosen her own doctor. Note that for most people, even if you have seen your own doctor, the Illinois Workers’ Compensation Act allows you to seek a second opinion. Whether or not the insurance company has to pay for it depends on the circumstances.

If your doctor says you are fine and can go back to work full duty, the insurance company probably does not have to pay for a second opinion.

But if it is something like your doctor wants you to have a surgery or you are not getting better or having trouble getting appointments, then a second opinion would be warranted and something they would be expected to 100% cover.

Every case is different of course which is why it’s important to know your rights. If you want a free, no commitment consultation about your case, contact us any time at 888-705-1766. We help everywhere in Illinois and promise to treat you like a friend of member of our family.

UPS Work Comp In Illinois, Suing For Bad Vehicles

By Mike Helfand on Posted in Benefits

The following is not a case I am involved with, but I had a talk about UPS work injuries in Illinois and I thought it was worth a post.

The gist is that a driver was badly injured in an accident and has had multiple surgeries. He’s pissed because he feels that his accident was avoidable due to a problem with the vehicle. He also said that drivers are getting hurt every day due to similar vehicle issues.

What he wanted to know is why he can not sue UPS for these injuries beyond work comp. I explained that the basis for work comp laws is that you can not sue your employer for negligence. In exchange, you do not have to prove fault in Illinois work comp claims. Even if you fall asleep at the wheel and crash, you’d still be able to bring a work comp case.

Now this worker has a lawyer who basically blew him off when he asked these questions. While he can’t sue UPS, there are a couple of things he can do.

First he could file a complaint with the Illinois OSHA (Occupational Safety and Health Administration). There job is to ensure safe work sites. They have the ability to come out and inspect vehicles and order changes.

Second of course he can go through his union. It’s really something they should handle. They are really strong on compensation issues for their members. Hopefully they’d raise this issue as well.

And finally, even though his work comp attorney can’t sue over this, they can raise the issue too. The company has a motivation to avoid work comp costs. They also want to settle this case so they can close out his medical rights. Before doing so, his lawyer can ask for a commitment to make changes to the vehicles to make them safer.

Now the insurance company/UPS can tell him to pound salt and the work comp lawyer would not have much leverage beyond keeping the case open if they do. But that does not stop them from raising the issue. It is out the box thinking and it is certainly possible that someone will learn of this problem and make a meaningful change.

In fact there are risk managers at UPS whose job is to look for these types of fixes. Maybe nothing happens and maybe reaching out to them prevents future injuries. For UPS it’s my best guess that it will not come down to safety, but costs.

But you never know if you don’t ask. To me, this is part of being a full service attorney. Even if your lawyer only handles work comp cases, is it really that much trouble to raise this issue or make a phone call? It shouldn’t be. Would I do this for a worker who had a back strain and missed two weeks of work? Probably not.

But if a worker has had multiple surgeries and you stand to make a very large fee off their case, it’s the least you can do in my opinion.

I see this all of the time where a work comp attorney in Illinois is so insistent that they just handle the work injury part, that they show no empathy toward their client and don’t take simple steps that could help them. Maybe you refer them to another attorney. Maybe you make a phone call or write an email. Maybe you bring it up in settlement discussions. But to do nothing is shameful and a sign that the worker should get someone new in their corner.

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