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.

Illinois Work Comp When Your Employer Won’t Let You Fill Out An Incident Report

By Mike Helfand on Posted in Tips if Injured

An injured worker came to us recently and shared two awful things that happened to her when she got hurt at work. By way of background, she is a receptionist at a company that does heavy labor. So while her job is relatively light duty, it is a company that sees work injuries all of the time.

The company mailbox is outside and part of her job requires her to go get the mail. On the day she did this, it had snowed a lot, as it does in Chicago, and she unfortunately slipped on ice that had formed on the walkway.

This is a clearly compensable work related injury as she was doing her job duties when she got hurt. What happened next is gross.

The first thing that happened when she told her manager that she fell is they responded by stating that office workers are not eligible for Illinois work comp benefits. That is a flat out lie. EVERY employee is covered by the Illinois Workers’ Compensation Act. It was especially gross because when she reported it, she believed (correctly) that she had broken a bone in her wrist when she fell.

The second thing that happened is that her manager refused to fill out an incident report. This is something that happens all of the time at all sorts of companies. I have no idea why they do this. Maybe they think that if they do not fill out a report that no claim will happen and you will lose your rights under Illinois law. Whatever their motivation is, it’s a waste of time.

While an incident report does create a paper trail and can be helpful, you do not need one to have a work comp case. Here is what you need to do instead:

  • Document the injury by reporting it via email to your employer. It can go to HR, your boss or anyone in authority. Keep it simple, e.g. Just confirming that when I went to get the mail two days ago, I slipped on ice and hurt my wrist.
  • Go to the doctor. It can be a family doctor, the ER, urgent care, etc. Get there as soon as you can and tell them how you got hurt. You do not need health insurance for this. If it is a work related injury, work comp should pay for everything.
  • Hire an attorney so they can file an application for adjustment of claim for you. This is the official paperwork that puts your employer on notice that you are pursuing your rights and works similar to an incident report. It will also make them turn the claim in to their insurance company. From there, things usually go smoothly.

It is only the worst employers who do not care about their workers who do stuff like this. The good news is that they can not lie or delay their way out of giving you a right that every Illinois worker has.

If your employer will not fill out an incident report or you need help with any part of a case, please contact us any time. We would be thrilled to offer you a free consultation.

Illinois PPD and TTD Rates For 2026

By Mike Helfand on Posted in Benefits

We are experienced Illinois work injury attorneys who will talk to you for free. If you would like a case review or just have questions, start a live chat, call us at 312-346-5578 or fill out our contact form. It’s all confidential and a lawyer is usually available right away.

Every year, the Illinois Workers’ Compensation Commission publishes updates to the benefit rates for work comp cases. The rates are tied to the state average weekly wage, so they increase every year. That means that work injuries in 2026 are much more valuable than the same injury that happened ten years ago. This is another reason why you never determine what your case is worth based off what happened to someone else.

TTD Rates For 2026 In Illinois

For 2026, the state average weekly wage is $1,506.49. To determine the temporary total disability rate you get (TTD) for when you can not work, the state sets a maximum amount you can receive. That amount is 133 1/3% of the state average weekly wage.

So for injuries from January 15, 2026 until July 14, 2026, the maximum TTD rate is $2,008.60. The rate will go up for injuries after July 15th. The TTD payments are 2/3 of your individual average weekly wage for the 52 weeks prior to the accident.

In essence, what this mean is that if you make approximately $154,000 a year and get injured at work, you will basically receive the equivalent in take home pay that you would have gotten normally. It’s important to note that this money is tax free. If you make more than that and get hurt at work, you will not be taking home as much as you are used to, but hopefully can make it up with a settlement down the road.

This rate is up almost $75 from January of 2025.

The minimum rate is now $400 per week. It goes up if you have children or a spouse, starting at $460. That means if you make $500 a week, even though 2/3 is $333, you’d get at least $400 and more if you have a spouse or child.

PPD Rates For 2026 In Illinois

Permanent partial disability or PPD is the rate used to calculate your settle. It is 60% of your average weekly wage and also subject to minimums and maximums.

These rates only change once a year in July. It covers accidents from July 1, 2025 through June 30, 2026. That means that any injuries in the first six months are subject to the rates below. Note that these rates do not come in to play until the case is ready to settle.

For the first half of this year, the maximum rate is $1,084.66. The total amount of compensation you will receive for a settlement is based on how high your rate is along with many other factors including the severity of your injury or any defenses the insurance company might have. Higher wage earners will have bigger settlements for similar injuries suffered by lower wage earners. But each can get significant settlements depending on what happened.

Note that if you had an amputation or lost an eye, the PPD rate for those injuries are actually subject to the TTD maximums. The same is true in cases of a death on the job or when a worker is permanently totally disabled. Lawyers who do not know what they are doing will cause their clients to get less than what they deserve. Death benefits are paid for 25 years or $500,000, whichever is greater. There are also cost of living increases in cases of death or permanent disability.

If your injury is after July 1, 2026, check back with us as to what the new rate will be to calculate your settlement. It takes some time for the State to publish it. The rate for 2026 is up around $39 from 2025 and we expect that it will be higher after July 1 for those injuries.

And as always, we are happy to talk to any injured worker, any time, for free.

ACL Tears and Illinois Workers’ Compensation

By Mike Helfand on Posted in Injuries

A torn ACL is not just a sports injury—it is something that happens on the job in Illinois quite frequently. So while you might think of Patrick Mahomes or Micah Parsons when you hear about an ACL tear, the truth is that it is a common injury that happens to Illinois workers every day. If it happened to you and you would like a free case review with an experienced lawyer, please contact us any time.

Workplaces that involve physical activity, uneven surfaces, climbing, or quick movements put employees at risk for knee injuries. A slip on a wet floor, a fall down stairs, a misstep while carrying heavy materials, or an awkward twist while lifting can all result in a torn ACL. An ACL injury is not just painful, it will impact your ability to do your job. Recovery time for these injuries can be 6-12 months depending on type of work you do.

What is the ACL?

The ACL, or anterior cruciate ligament, is one of the main stabilizing ligaments in the knee. It connects the thigh bone to the shin bone and helps control rotation and forward movement of the leg. When the ACL tears, people often feel a pop, followed by swelling, instability, and significant pain. In many cases, the knee feels like it may “give out,” making walking, standing, or climbing extremely difficult. Because the ACL plays such a critical role in knee stability, a tear is a serious injury.

How do you know if you tore your ACL?

Diagnosis usually starts with a physical examination, but imaging often confirms the injury. An MRI is the best tool for diagnosing a torn ACL and determining whether there is additional damage, such as meniscus tears or cartilage injuries. Treatment depends on how severe the tear is, how old the worker is, and what the physical demands of their job are. Some people may start with physical therapy to strengthen the knee, but most torn ACLs—especially in active workers—require surgical reconstruction followed by months of rehabilitation. Recovery is not quick, and returning to full duty can take a significant amount of time.

Workers we have represented for torn ACL’s

Workers in physically demanding jobs are at higher risk for ACL injuries. People who work on construction sites, in warehouses, and in health care settings are vulnerable. Jobs that require climbing steps or ladders, navigating uneven surfaces, frequent bending, or quick directional changes put constant stress on the knees. Delivery drivers and many tradespeople fit that description. That said, an ACL injury can happen to almost anyone. Office workers, teachers, and other non-physical employees can suffer a torn ACL from something simple like falling down some stairs or slipping on a wet floor at work.

We have helped injured workers in all of these industries and more. I have helped indoor football league players, many people from Amazon, FedEx, UPS, CTA conductors and drivers, nurses, phlebotomists, teachers, all sorts of laborer and construction workers, plumbers, stage hands, electricians and more. We have been helping injured workers since 1997. There is probably not any type of job that has not seen an ACL tear.

Next steps

Because a torn ACL often keeps someone out of work for weeks or months, it is critical to understand your rights under Illinois workers’ compensation law. You are entitled to wage loss benefits while you recover, as well as coverage for all reasonable medical treatment. Even after returning to work, you may have restrictions that prevent you from performing the same duties you had before—or you may not be able to return to that type of work at all. If that happens, you are entitled to vocational rehabilitation to help you find a job within your restrictions.

If you would like to discuss your knee injury with an experienced attorney, we would love to help. We have a state wide network of top lawyers and have handled hundreds of ACL tear cases. Call us at 312-346-5578 any time.

Illinois Workers’ Compensation When Your Injury Is Self Inflicted

By Mike Helfand on Posted in Injuries

Illinois work comp law protects workers who get injured on the job. Not every injury is covered by the Illinois Workers’ Compensation Act, but most are.

The majority of work injuries are nobodies fault. If you do a lot of lifting and hurt your back or tear a muscle in your shoulder, that’s simply a risk of doing those activities. Same if you type all day and get carpal tunnel.

In other cases workers get hurt when they slip on a wet floor or a co-worker bumps into them with a forklift. Illinois is a no fault law, so you do not need to prove someone else caused your injury, but it is also something that happens a lot.

But what if you are the reason that you got injured?

Does Workers’ Compensation Cover Self-Inflicted Injuries?  

The answer is it depends. Most self inflicted injuries are covered. That is because they are usually not something you did to yourself on purpose. For example, if you are using a box saw and cut your wrist when the saw slips, that would still be a good work comp case. On the other hand if you decide to purposely cut yourself, that would not be covered.

Every day there are hundreds of work related injuries that an insurance company could say are the fault of the worker. That in no way prevents you from getting work comp benefits. It is a no fault law.

In fact, a lot of jobs are high risk for these types of injuries happening. These include:

  • Construction workers – Just the other day a laborer who dropped a heavy beam on his foot and fractured it called us.
  • Warehouse workers – Under pressure to get work done, sometimes workers take shortcuts or don’t lift the way they’ve been trained. They still get work comp.
  • Nurses – There is a lot of under-staffing at hospitals, nursing homes and other places. I wouldn’t blame a caring nurse for trying to lift a patient without the help of someone else. Technically it would be their “fault” if they hurt themselves doing this, but it doesn’t impact the case at all.
  • Truck drivers – The other day we were contacted by someone who hit his head getting into the cab and caused a bad neck injury. I guess it’s his fault, but that is part of the risk of doing those jobs.

All of those “self inflicted” injuries would be covered under the Illinois Work Comp Act. None are intentional or a result of goofing off, being inebriated, or something that happened outside of work. Those would be the types of scenarios where a self harm injury would not be a good case.

My best advice is to not stress about this issue. The insurance company might try to lie and tell you that you do not have a case. That is what they did to the truck driver. Once you get with an attorney who knows what they are doing, you will be protected and can focus on your health and getting better. If you would like our help, please reach out to us at 312-346-5578.

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