Walgreens Work Comp Claims In Illinois

By Mike Helfand on Posted in Injuries

Walgreens employees work in a variety of roles that keep stores running smoothly. Cashiers, pharmacy technicians, pharmacists, stockers, shift leads, and managers all perform duties that can expose them to workplace injuries. Because most Walgreens jobs involve standing, lifting, repetitive tasks, and interacting with the public, workers’ compensation claims in the state of Illinois are common. They have had thousands of cases filed against them over the years at the Illinois Workers’ Compensation Commission.

Slip and fall accidents are a frequent cause of injury for Walgreens employees. Spills in aisles, recently mopped floors, cluttered stock areas, and wet entryways can create dangerous conditions. Employees may also be injured while working outside the store, such as taking out trash, receiving deliveries, or clearing snow and ice near entrances. Falls can result in injuries to the head, back, knees, shoulders, and wrists.

Many Walgreens workers are hurt while lifting or moving merchandise. Stocking shelves, unloading deliveries, and moving heavy boxes can strain the back, neck, and shoulders. Even lifting items that do not seem particularly heavy can cause injury when done over and over again or in awkward positions. Reaching overhead or bending for long periods can also contribute to injuries to muscles, bones, joints, etc. over time.

Repetitive motion injuries to the hands and other upper body parts are another common issue. Cashiers and pharmacy employees often perform the same hand and arm movements throughout the day, including scanning items, typing, counting medications, and handling prescriptions. Over time, this can lead to wrist, hand, elbow, or shoulder problems that may require medical care and time off work.

Walgreens employees also interact with the public on a daily basis. Most interactions are routine, but employees may occasionally encounter angry, frustrated, or unstable customers. In some cases, these situations can become physical and result in injuries that are covered by workers’ compensation. There are a lot of crazy people out there. We have seen situations where workers have been physically attacked or have PTSD after being robbed at gun point. These are all cases we can help with.

No matter the cause of the work injury, it is important for Walgreens employees to get medical attention as soon as possible. It’s important for your health and helps show that the injury is work-related. Plus, injuries that seem minor at first can become more serious if they are ignored. You also need to report it to a supervisor within 45 days of it happening, but the sooner the better.

A workers’ compensation attorney can help injured Walgreens employees through the Illinois workers comp claims process. Walgreens is a “self insured” company which means that they pay the benefits directly. They work with a company called Sedgwick to process the claims. You can Google Sedgwick and see a bunch of nightmare stories from how they treat injured workers. They are not there to look out for you, but to try and minimize the costs to Walgreens. They make a lot of money doing that.

Having an attorney who is experienced dealing with Sedgwick can level the playing field and protect you. You can focus on getting better. The attorney can take care of the paperwork, the communication with the insurance company, and getting you a fair settlement to cover your medical expenses, time off work, and future medical care. There is no fee to hire an experienced Illinois workers’ compensation lawyer. They only get paid if they win. Almost every case is entitled to a settlement and having a lawyer will help you get the most money possible, even after their 20% fee.

For a recommendation to a reputable Illinois workers compensation lawyer who has handled tons of cases for injured workers against Walgreens and Sedgwick, contact us today at (312) 346-5578 or fill out our contact form.

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Things To Look Out For In Illinois Workers’ Compensation Claims

Here are five things that every injured worker needs to be aware of:

  1. Do not give a recorded statement – Sedgwick will ask for one, but you do not have to do that and should not. It can only be used against you.
  2. Beware the nurse case manager – In some cases, they will assign a nurse case manager to monitor your case. They make it seem like they are on your side, but they are not. They work for the insurance company and will try to get your benefits limited or cut off.
  3. You usually can choose your own doctor and do not need health insurance to do so – Workers comp pays for 100% of your medical expenses related to the injury. Beware your employer or the insurance company telling you who you have to treat with. Find a doctor that is looking out for you.
  4. If your injury is going to be a bigger one, the insurance company will likely send you to an IME or independent medical exam – These are hired gun doctors that are there to help the insurance company. You need to be prepared for this exam ahead of time so you do not make mistakes that will harm your case.
  5. Having a pre-existing condition does not take away your rights to work comp benefits in Illinois – This is a common reason insurance companies like Sedgwick wrongly deny cases.

Having a strong attorney in your corner can protect you from all of these shenanigans. Please do not hesitate to contact us if you have any questions or need help. We will give you the same free legal guidance that we would give to a family member or friend.

This Is How Little Some Doctors And Lawyers Think Of You

By Mike Helfand on Posted in Tips if Injured

Lawyers are regular people, just like you. We like to have fun. We have favorite sports teams. We have hobbies and families. We also deal with the annoyances of life like everyone else, including getting spam emails and calls from telemarketers.

The phone call I get the most as it pertains to my business goes something like this. Actually it goes exactly like this:

Hi Michael. I am calling from Dr.’s office. We work with attorneys just like you to take care of injured workers. The reason I am calling is we would like to invite you to lunch at a fish house so the doctor can give a presentation on our services and we can discuss providing treatment for your clients. We would also like to discuss using your services for our patients that do not have legal representation but require it. Please RSVP at …

That is from a voicemail I received recently. I get that type of phone call at least once a week.

If you can not see what is happening, doctors want to buy attorneys an expensive lunch. In exchange for that, they want us to send our clients to them, and, in some cases, also offer to send their patients to us.

Now there are certainly times when an injured worker comes to us and needs to be pointed to a good orthopedic doctor, pain specialist, or other medical provider. There is nothing wrong with that. When we or anyone we know are asked, we typically give a couple of names for them to reach out to to try and get an appointment.

What we would never ever do is insist that our clients seek treatment with a specific doctor. And rest assured this is what many of these doctors are doing with a select group of law firms. These are people who care about their pocket books way more than they would ever care about your health.

I know getting clients is not easy, especially if you are starting a new business. It takes a lot of work. Some of these doctors and lawyers might actually be good at what they do. But if they are insisting that you work with a certain firm/practice, that is them looking out for them and not for you. To me that is a huge red flag and an indicator that there will be other times they won’t look out for you.

I know that a lot of law firms engage in these relationships because we get a lot of calls from injured workers when things have gone bad. Some of these doctors and physical therapists are trying so hard to build up a new practice that they will do two things:

  1. Over treat their patients so they can bill a lot.
  2. Stop treating their patients once work comp insurance denies the case.

In one case we got contacted on, we reviewed the medical records of an injured worker whose benefits got cut off after a year of “treatment.” Almost every exam note looked the same. It would rate her pain on a scale of 1-10 and make treatment recommendations for physical therapy that they provided in house.

The week before work comp denied the case, the doctor wrote that the patient’s pain was an 8 and they need six more weeks of therapy. Once the worker’s case was denied, the doctor wrote a note that they did not need any more care and could go back to work even though they had only done one additional week of therapy. This case was too much of a mess to get involved with.

That example seems extreme, but we see stuff like this all of the time. If you are hurt at work, you need an honest, independent physician in your corner. This is especially true if it’s a bigger injury that will drag on for a while. Some advice is:

  1. Don’t treat with the company doctor. They will look out for the company.
  2. Do seek out an orthopedic doctor or someone specialized in treating your type of injury. A family practice doctor or chiropractor is not the right choice for treatment beyond 1-2 visits. If you have a good family doctor, they likely can refer you to a specialist.

This is the recipe for success in any Illinois workers’ compensation claim. That and getting medical care right away and having a strong lawyer who will fight for what is best for you.

Her Work Comp Lawyer Quit and Nobody Told Her!

By Mike Helfand on Posted in Tips if Injured

I love that after almost 30 years of being an attorney, I can still be shocked by stories of people that contact me. Here is one I was told recently by a woman injured on the job in Chicago, shared with her permission.

I hired an attorney almost a year ago after tearing my rotator cuff on the job. I got assigned to an attorney who has over ten years of experience so I thought I was given a good lawyer. My benefits got cut off after an IME over four months ago and I’ve been calling every week to see what is going on. The only number I had was the direct line for my lawyer and I kept leaving him messages with no response. I read your post where you recommended that if your lawyer is not calling back to call the main number so I did that. I learned that my attorney quit over three months ago and my case has not been re-assigned yet. What should I do?

Oh man, that is awful. Really nice woman with a big injury and her benefits appear to be wrongly denied. As far as what she should do, of course she should switch lawyers.

The bigger story is how could this happen?

The answer is that she hired a firm that has a lot of turnover among their lawyers and staff. They advertise a lot and take on thousands of cases. Many of the attorneys are either poorly trained or overwhelmed with cases. It is the type of firm where many of the clients are unhappy because they do not always do the work to service them when things go wrong.

In this case, they lost a lawyer who had a couple hundred cases assigned to him most likely. Each and every one of those cases needs to be reviewed and re-assigned to another lawyer. They already are not doing the best job on contested cases. So for the woman who reached out to me, she needed a new lawyer who would be willing to investigate her case but also deal with the hundreds of cases they are already handling on their own.

Alternatively, the firm could hire a new lawyer to take over the case, but they also would be taking over 300 or so other cases. You can’t just get up to speed on all of those cases that quickly, especially if the old attorney did not do a good job of documenting the file.

When files are not properly documented

The biggest issue here is that the file is not likely documented properly. When that happens, a new attorney will not know about:

  • Your initial interview with the lawyer.
  • Things you shared via email.
  • Things discussed on phone calls and texts.

Some of these things can be re-created, but it takes a person who cares about their clients to do so and spend the time to really know the case. A good attorney can be more than up to speed within a few days, but you actually have to be willing to put the work in.

This firm is a huge red flag. They can get good results for their clients and surely do on many cases. But it’s also the type of firm where I and other lawyers are constantly getting calls from their unhappy clients. Most stories are not this extreme, but have to do with bad customer service or attorneys who do not seem to care. So while they can get a good result for you, they also are more likely than most to cause problems with your case that should not happen.

This is one reason why the attorneys in our state wide network are selective about the cases they take on and do not overwhelm themselves or anyone in their firm with too many cases. They also do a great job of creating a paper trail so anyone can look at the file and know what is happening with the case.

A firm having a great documentation system is really important. It is not only relevant in case a lawyer leaves the firm, but important many other times. This includes when your lawyer is on vacation, when your lawyer needs someone to cover for them in court or when you call the firm and your lawyer is not there but you have questions that need to be answered ASAP.

This all reminds me of when I was a young lawyer back in the late 1990’s. I was in the courtroom of an Arbitrator waiting for my case to be called and was watching two attorneys discuss a case. The lawyer for the injured worker was covering for an attorney in their firm. Back then almost everything was done on paper. So this attorney, who was woefully unprepared, was shuffling through papers to try to learn basic case facts. It was pathetic.

Now every firm I know of uses an electronic documenting system, but that still requires a lawyer or staff member to actually enter in what happens on a phone call, interview, etc. Sadly these firms that overwhelm their workers with cases are not always on top of this. They might even have a firm policy about how things should be done, but it still requires someone to actually do it.

These are things you could not possibly know as a client when you hire them. That said, it is why when you start to notice bad customer service, you do not let it drag on. The only mistake this injured worker made was waiting more than three months to search further as to why her attorney was not getting back to her. Unfortunately her health and her work comp claim suffered in the meantime.

When Your Illinois Work Comp Bill Goes To Collections

By Mike Helfand on Posted in Benefits

An injured Illinois worker called me recently in a panic. He was hoping to purchase a home, but had a big medical bill on his credit report. It was from a work injury he had about a year prior. This was affecting his ability to get a loan. Beyond that, the bill had gone to collections and he was being threatened with a lawsuit.

His freaking out was understandable. He had been injured at work and nobody disputes that he was/is entitled to work comp benefits. His time off work was paid as was most of his medical care. In fact, he was still in physical therapy. For whatever reason, the insurance company had not paid this one rather large bill from an ER he went to and it was impacting his life.

I actually loved this call because it is a rare thing when you can not only tell your potential client that you can solve their problem, but that you can do it rather quickly.

Illinois Law On Collections In Illinois Workers’ Compensation Cases

Under Illinois law, there is incredible protection for injured workers from bill collectors. If you are hurt on the job, you can prevent ANY collection efforts or negative credit reporting from happening by formally filing your case with the Illinois Workers’ Compensation Commission.

This process is called an application for adjustment of claim. It is the official filing with the State and also prevents you from having any statute of limitations concerns.

Once this paperwork is filed, we can send a copy to any creditor and the law requires them to stop any collection efforts as long as the case is active. If they fail to do so, they could face significant financial penalties. I have never seen a case where this was a problem.

The goal of course is to get the bill paid. That is also something we can take care of. The insurance company will respond to an attorney, and if they do not and failed to pay the bill with good reason, they too can face significant financial penalties that would go in your pocket.

The Importance Of Being Goal Focused

As lawyers, one thing we often ask clients or potential clients is what is your goal? In a case like this one, it is easy to get wrapped up in how frustrating the experience has been. Our job is to focus on the solution. And there is such an easy solution and a likely quick one that there is no need to stress.

This is one reason why you hire an attorney in the first place. We know the law, including things like this one that nobody really ever talks about. It is one way we can protect you and really help your case run smoothly.

If you would like a free consultation about your claim, we would love to talk to you. Contact us any time at 312-346-5578 for a free case review anywhere in Illinois.

Paying For A Work Comp Attorney When You Live Paycheck To Paycheck

By Mike Helfand on Posted in Tips if Injured

The economy is generally a mess for those not in the billionaire class. There are various estimates on how many people live paycheck to paycheck, but I have seen multiple reports that the number is as high as 67%. In other words, 2/3 of Americans are a work injury away from financial disaster.

I have been in those shoes before. It is stressful. The last thing you think about is spending on things that you can not afford.

Due to this, it is no surprise that when people call us for a free consultation about their Illinois work injury, and we suggest that they file a case with a lawyer, that some people say something like, “I can’t afford an attorney right now because I live paycheck to paycheck.”

While that is a legitimate concern for areas of law like divorce, traffic, civil lawsuits, etc., it is not at all an issue for hiring an Illinois attorney for a workers’ compensation claim.

Illinois work comp attorneys work on a contingency basis. That means that you pay nothing up front to hire one and they will work for you for free to make sure you get the benefits you deserve. If somehow you lose the case, you owe the attorney nothing. If they win the case, the fee is 20% of your settlement.

There are expenses in work comp cases, although they are not usually very much. Most cases require a lawyer to spend somewhere between $100 and $2,500. Those expenses too should be fronted by your lawyer. In other words, no attorney we know would ask you to pay for the costs associated with bringing your case. And no lawyer we work with on cases would ask to be reimbursed if the case was not successful.

In other words, not having money for a lawyer should not be a concern when it comes to bringing an Illinois workers’ compensation case. And in fact, in almost every case, getting a lawyer will put more money in your pocket and reduce the stress in your life. A good attorney makes sure the case goes smoothly and that the insurance company does not do illegal things like talk to your doctor or otherwise try to interfere with your care.

We also make sure that you are being paid benefits at the right rate and prepare you for efforts to cut you off through tactics like IME’s or surveillance. And of course we make sure that you get the highest settlement possible in the end. Having the right attorney in your corner can often be the difference of tens or hundreds of thousands of dollars in your pocket in the end.

Every case is different of course, but one thing that never changes is that you will never have to worry about cost when hiring a work injury attorney.

If you would like a free case review for injuries anywhere in Illinois, please click on the chat button or call us at 312-346-5578. We promise to give you the same legal guidance we would give to a family member or friend.

How Our Attorney Fee Was Only 12.5%

By Mike Helfand on Posted in Benefits

One of the first questions many injured Illinois workers have is about what hiring an attorney is going to cost them. In fact, many injured workers do not do anything because they do not think they can afford legal help. That is a huge mistake.

The great news is that it costs nothing up front to hire an Illinois workers’ compensation attorney. State law requires work injury attorneys to work on a contingency basis which means that we only get paid if there is a recovery. It also requires that our fees be capped at 20% of what we recover for clients. In almost every case that means 20% of a settlement. So we work for free until the case is resolved. If we settle your case for $50,000, then our fee would be $10,000. If we get you nothing you owe nothing. In just about situation you will net a lot more with an attorney than without, even with our fee.

Twenty percent is really low compared to personal injury or medical malpractice cases where fees are usually 1/3 or more of what is recovered. But every now and then the fee is even lower than 20 percent. In fact, on a case we were involved with recently, the fee ended up at approximately 12.5% of the settlement.

The case involved a person who worked at a chain restaurant. They fell over a bunched up carpet and injured multiple body parts including their back, shoulder, hip, neck and elbow. When they first contacted us, it was just after the accident and it seemed like it would be a smaller case. But as time went on they did not get better. They are an older worker and needed permanent restrictions. The employer could not accommodate those and a job search turned up nothing. The worker was permanently disabled.

The handling attorney negotiated a settlement of $350,000. Because our client was such a low wage earner, her settlement rate was set at the state minimum for the time of her accident which was $605.23.

How our fee was limited to 12.5% of the settlement and not 20 percent

Per the Illinois Workers’ Compensation Act, attorney fees are not always 20 percent of the total settlement. They are capped at 20 percent of seven years of benefits. So in this case it was $605.23 (settlement rate) x 364 weeks (seven years of benefits) divided by five (20%). So on a $350,000 settlement, the fee was just over $44,000 or approximately 12.5%.

After case expenses, the client netted more than $302,000. It was a pretty amazing result as they were a part time worker who only made $344.00 before the injury.

This reduction in attorney fees does not happen in every case or even most cases. It happens on claims where a worker is permanently disabled or receiving a large wage differential payout. If you are in either of those scenarios, you should be talking to your attorney about a cap on their fees.

Sadly, there are some attorneys who try to take the full 20% even when it is not allowed. While we of course would have loved to get $70,000 on this case, $44,000 is still a lot of money and very fair. Most importantly, the client was well taken care of and will be able to survive financially.

If your attorney tries to take more than they are allowed, don’t sign any settlement contract. Tell them you want to talk about their fee with the Arbitrator.

By the way, our client netted a lot more because they also received compensation for future medical care and 100% of that money went to them to manage.

If you have any questions about lawyer fees or anything else related to Illinois work comp law, please contact us any time at 312-346-5578. We help everywhere in Illinois.

Why Is This Illinois Work Comp Attorney “Tight Lipped?”

By Mike Helfand on Posted in Tips if Injured

I had a chat with an injured Illinois worker recently. This worker has major injuries to multiple parts of his body. He has had a lot of surgeries over the last couple of years.

Early on he hired an attorney who I had never heard of. There was not a ton for the attorney to do on this case as it was the rare one where it was accepted from the beginning and the IME agreed with the treating surgeon. So while a few TTD checks have been late, all of the medical bills have been paid.

He called me because he wanted to know what his case was worth. I explained that I would need to see his medical records and more thoroughly interview him in order to give an accurate estimate. But when I discovered he had a lawyer, I asked him why his attorney was not giving this information. What he said next kind of stunned me.

His response was, “I am trying to figure out what happens in cases like mine. My lawyer is being really tight lipped when it comes to what the value is.”

Uhm, what???

It is not unusual for an attorney to say that they do not know what your case will be worth if you are in the beginning or middle of your medical care. We can not know for sure until you are all better and done with your treatment.

In this case, however, the worker has been done treating for months and his attorney is telling him that they should try to settle. That usually means that, in the least, the attorney will come up with a dollar amount that they should ask for and a range of what the case could be worth. Most attorneys I know, especially on bigger cases like this one, outline how they are getting to that number in writing or sit down with the client to discuss it.

Not doing this is a big deal. It is the job of the lawyer. Period. This is why you hire them.

My concern because I have not heard of this attorney is they do not regularly handle cases of this size or work comp very much at all. There were additional red flags including the lawyer telling him that he needs to see a doctor to get an impairment rating. That is not something that needs to happen or that would influence the final result in any meaningful way. In fact it is an insurance company tactic to make your case worth less.

Another red flag was that the attorney did not tell him that there could be additional money for future medical care.

In the best scenario, this is a good lawyer who is not providing good customer service. In the worst, it is a lawyer who does not know what they are doing and there lack of experience is going to cost this worker hundreds of thousands of dollars.

The good news is that there is not a settlement offer yet, so this worker can get a new, better firm in his corner if he wants. Once the offer gets made, that will be very difficult if not impossible.

The lesson from this is that your attorney should seem that they are an advocate for you. This includes communicating with you and strategizing with you. They do not have to do everything you want them to do, but should explain what they are doing and why. And when it comes to settlement time, a good Illinois work comp attorney can show you why they are asking for what they are asking for and what you can reasonably expect to get. And they also should be prepared to go to trial if a fair offer does not come in.

Cubital Tunnel and Work Comp in Illinois

By Mike Helfand on Posted in Injuries

When I became a lawyer way back in 1997, my first boss was talking to me about how I would have to learn about various medical problems that end up being work comp cases in Illinois. Being too smart for my own good I figured that couldn’t be that hard. I was a big sports fan and new about all sorts of injuries. But in the first week on the job I realized I had a lot to learn when I was assigned a case with an injury that I had never heard of. Cubital tunnel syndrome.

Cubital tunnel syndrome is a condition that affects the elbow and hand, and for many Illinois workers, it develops because of what they do on the job. If it’s not treated, it can interfere with grip strength, hand coordination, and the ability to perform even simple tasks at work. Many people think of back or shoulder injuries when they hear “work injury,” but damage to the nerves in the arm can be just as disruptive.

Cubital tunnel syndrome involves the ulnar nerve, which runs from the neck down the arm and passes through a narrow space at the inside of the elbow. It’s also called the “funny bone nerve.” When that nerve becomes compressed or irritated, symptoms often show up in the ring finger and pinky finger. Workers may feel tingling, numbness, aching in the elbow, or weakness in the hand. These symptoms often come and go at first, making it easy to ignore them until the problem becomes more serious.

This injury is an incredibly common case in the Illinois work comp world. Jobs that require repeated bending of the elbow, constant hand and arm movements, or keeping the elbow in the same position for long periods can slowly irritate the ulnar nerve. Leaning on hard surfaces, working in tight spaces, or using tools that vibrate can also contribute to the problem.

One time accidents can also cause cubital tunnel injuries. A fall, blow to the elbow, or sudden strain can damage the nerve and trigger lasting symptoms. Under Illinois workers’ compensation law, both sudden injuries and repetitive trauma injuries qualify for benefits if work played a part in causing or worsening the condition.

Cubital tunnel syndrome is more likely in jobs that place ongoing stress on the arms and elbows. This includes factory and production workers, mechanics, electricians, construction workers, warehouse employees, delivery drivers, and maintenance workers. Office workers who spend long hours at desks or using keyboards can also develop this condition. But of course it is a problem that can happen to anyone in any job.

Treatment for cubital tunnel usually starts with less invasive options. We can not give medical advice, but strongly recommend that you get with an orthopedic doctor who specializes on arm injuries ASAP. Doctors may recommend limiting certain activities, wearing an elbow brace, or changing work duties to reduce pressure on the nerve. Physical therapy and medications may help manage symptoms and prevent further nerve damage.

But if symptoms continue or worsen, surgery may be required to relieve pressure on the ulnar nerve or reposition it to prevent continued irritation. Recovery can take time, and some workers may not be able to return to the same type of job right away without restrictions.

Cubital tunnel claims can be difficult to manage on your own for two reasons. One, because they often develop gradually, and two, insurance companies like to argue that the symptoms are not related to work, or they are caused by everyday activities outside the job. That is because everyone, of course, uses there arms every day outside of work as well.

We have handled hundreds of cubital tunnel cases and would love to help you. We know how to connect the dots between job duties and the injury. There is no fee to talk to us or hire us. We have a state wide network of experienced attorneys, so we can help you anywhere in Illinois. If you would like a free consultation, please contact us at 312-346-5578.

Spondylolisthesis and Workers’ Compensation in Illinois

By Mike Helfand on Posted in Injuries

Back injuries are one of the most common reasons Illinois workers end up missing time from work. One serious spine condition that can cause ongoing pain and limit a person’s ability to do their job is spondylolisthesis. When this condition is caused or made worse by work, injured employees may be entitled to workers’ compensation benefits.

It is a term that most people have never heard of before a doctor says it to them and very hard to pronounce. But if you are injured on the job in Illinois and have it, it is really important to understand what it is and also have an attorney in your corner who has handled many similar cases.

Overview Of Spondylolistheis

Spondylolisthesis happens when one vertebra in the spine slips forward over the vertebra below it. This usually occurs in the lower back. When that slippage happens, it can press on nearby nerves and cause lower back pain, stiffness, muscle weakness, or pain that travels into the legs. For some workers, the pain can make standing, walking, or even sitting for long periods very difficult.

Spondylolisthesis can develop after a workplace accident or from repeated stress on the spine over time. Falls at work, slipping on wet floors, lifting something heavy the wrong way, or being hit by equipment can all damage the spine and lead to vertebrae slipping out of place. In other cases, the condition builds up slowly after years of physical labor.

How Spondylolisthesis Happens At Work In Illinois

Jobs that require a lot of bending, twisting, lifting, or carrying can wear down the spine over time. Even if there was not one specific accident, Illinois workers’ compensation law still allows benefits if work duties caused the condition or made it worse.

Workers in physically demanding jobs are more likely to develop spondylolisthesis. This includes construction workers, warehouse and delivery workers, factory and manufacturing employees, healthcare workers who regularly lift patients, maintenance workers, and other labor-intensive positions.

The reality though is that just about any job can cause this type of back problem. If you job contributed to it occurring, even if other factors were involved, you likely have a workers comp case.

Medical Care For Spondylolisthesis

Treatment depends on how bad the condition is and how much pain the worker is in. Many people start with conservative treatment, such as work restrictions, physical therapy, pain medication, or injections to reduce inflammation. These treatments are meant to control pain and improve movement.

If symptoms do not improve, surgery may be recommended. Surgery is usually done to stabilize the spine and relieve pressure on nerves. Recovery can take months, and some workers are not able to return to the same type of job afterward.

Work Comp And Spondylolisthesis

Insurance companies often deny or dispute spondylolisthesis claims. Employers may claim the condition was not caused by work or that it existed before the worker was injured. These are usually BS denials, but still needs to be dealt with by an attorney who know what they are doing.

An experienced Illinois workers’ compensation attorney knows how to fight back against the insurance companies and protect you. A reputable lawyer can show how your work duties or a work accident caused or worsened the condition. They can also help you pursue benefits like medical care, wages while you are off work, disability benefits, and help with job retraining if you can’t return to your old job.

It never costs you anything to have a case reviewed or to hire an Illinois work comp attorney. If you would like a free consultation, anywhere in Illinois, call us to speak with a lawyer at 312-346-5578.

Who Are The Worst Illinois Workers’ Compensation Insurance Companies?

By Mike Helfand on Posted in Tips if Injured

A FedEx injured worker in Chicago called our office recently and was telling me about their work injury claim and seeking our free legal guidance. We were of course happy to help.

During our call he was telling me about things the adjuster had done and what appears to be an unreasonable delay in him getting benefits that he is entitled to. I blurted out under my breath, “Sedgwick is the worst” which is something I believe, but that really means that they do a lot of bad things, in my opinion, in how they handle their cases. The injured worker said he agreed.

Days later I was talking to an injured Menard’s worker who was clearly hurt on the job, but could not get approval for a surgery that their orthopedic doctor said they needed. I again muttered, but this time said, “Gallagher Bassett is the worst.” The injured worker laughed and said that they agreed.

So Who Is The Worst Illinois Work Comp Insurance Company?

To answer this question, you have to first understand that there are two types of insurance companies. The first is known as a third party administrator or TPA. That happens with large companies/employers like FedEx, Walmart, Amazon, The City of Chicago, Walgreens, Southwest Airlines, etc.

These bigger companies know that it will cost them more in insurance premiums than it’s worth to have work comp insurance. So they are “self insured” which means for the most part, work comp payments come out of their pocket. They hire these TPA’s to process the work comp claims. That is because companies like Sedgwick, Gallagher Bassett, ESIS and others specialize in this type of work. Southwest is in the plane flying business. So they hire a work comp specialist that is outside of their company.

Smaller companies like law firms, restaurants, many trucking companies, many warehouses, etc. have work comp insurance. These are handled by companies like Travelers, Zurich, The Hartford, Chubb, Liberty Mutual and others.

The biggest difference is that a TPA really needs to hold onto a client because it is a huge source of money. In other words, there is motivation to fight extra hard on claims, even if they are in the wrong, because that business is worth many millions of dollars a year. On the other hand, if a company like Travelers loses a small restaurant as an account, it will not affect their bottom line in any meaningful way.

Does This Mean That TPA’s Like Sedgwick Are Worse Than Companies Like The Hartford?

The answer is no. Insurance companies in general are built around a model of the less you pay out on a claim, the more money you make. It is how they profit at billions of dollars per year.

So every insurance company I have ever come across has done things that I view as slimy, completely wrong and at times illegal.

This does not mean that they do this on every case. Some injuries are so obvious (think of an explosion at a factory) that they can not be denied initially. So initially medical care might be approved and payments for TTD benefits will be made. But that does not mean that they will not drug test you or try to find some other reasons to stop or limit what they pay on your case.

And every insurance company does this without exception. So really, they all are the worst. It is the nature of their business model.

What Are Some Insurance Company Tactics To Look Out For?

While every case is different, some of the things insurance companies do, which often are not allowed include:

  • Taking a recorded statement of you
  • Trying to access all of your medical records, even for injuries not related to your claim
  • Implying that you have a pre-existing condition so you do not get benefits even when you have not treated for that injury for years
  • They will conduct surveillance on you
  • A nurse case manager will be assigned to your case and potentially illegally talk to your doctor
  • You will get a letter stating that your claim is under investigation when it really is not
  • They will tell you that they need more information when that is not true
  • Medical tests will not get approved or they will say you can only have two days of physical therapy a week
  • TTD benefits will arrive late. This is to try to make your life hard financially in hopes you will go back to work against the advice of your doctor
  • They will send you to an independent medical examination
  • They will lie about your right to choose your own doctor or seek a second opinion

All of these tactics are designed to limit what they pay out to you. Again, this is how they make money. It is why most people who are injured in Illinois need a workers’ compensation attorney. It is really the only way to push back.

Who Do Other Lawyers Say Are The Worst Work Comp Insurance Companies?

When I was writing this, I asked some other attorneys who are the best and worst work comp insurance companies to deal with?

One of them said that Liberty Mutual was the worst and talked about a certain adjuster who ignores their files and always makes excuses and seems to pay late. He said he just files trial motions against them because they can not be trusted.

But another attorney I know and like said he enjoys Liberty Mutual the most. He has a lot of UPS cases and deals with the same adjuster a lot. Because they can make each other’s life miserable, they actually treat each other with respect. They are not friends, but have a good, professional relationship. That makes the cases go smoother.

These are common sentiments across all insurance companies. The more cases your attorney has against them, the more likely it is that they will treat the attorney and thus you well. It is another reason why you should never hire a work comp attorney who just dabbles in these cases. Knowing the adjuster well can be a really big deal.

So, Is There An Answer?

The reality is that the only insurance company that matters is the one that is handling your case. If you were playing the odds, it is likely that no matter who you are dealing with, they are looking out for themselves. They do not care about your health, your finances, your bills or anything else. Adjusters get bonuses by limiting what their employer pays out. So they have an incentive to deny your medical treatment or pay the wrong amount to you.

So in my opinion, while there are good adjusters with every insurance company, all of these places in general are the worst. Sedgwick will fight your claim in the same way Travelers, The Hartford, ESIS, Chubb or any other will. So prepare yourself and give yourself the best chance of getting a good case result by getting a strong work injury attorney in your corner.

If you would like a free consultation with an attorney, we have a state wide network of top lawyers. Having a tough attorney in your corner is the only way to fight back against an insurance company who is not following the law. Please reach out any time.

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