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.

Illinois Work Comp – When Your Employer Can’t Accommodate Your Restrictions

By Mike Helfand on Posted in Benefits

We have been helping injured workers in Illinois since 1997 and would love to help you. Please call us at 312-346-5578 for a free consult or click on the live chat button. We help everywhere in Illinois.

Most injured workers that we come across want to get better and get back to work. It can be stressful dealing with an injury and sitting around all day. There also many people who make more money by being able to work than collecting weekly TTD checks.

A lot of employers are willing to work with their injured employees to try and find suitable work within their restrictions. In other words, if you have a back injury and your doctor says you can not lift more than 20 pounds, a reputable employer will provide you with work that does not require this. They will even assign someone to help you complete tasks when lifting is involved.

Not all employers will do this and some simply can’t. So what happens when your employer can’t accommodate your restrictions following a work injury?

There are two things to consider in this situation. The first is what happens when you are undergoing medical care? During that time, if your employer can not find work for you, you are entitled to receive temporary total disability benefits (TTD). That is tax free compensation of 2/3 of your average weekly wage. Unlike other states, under Illinois law there is no cap on how long these benefits can be paid.

We have seen some cases where some “smart” employer brings you back within your restrictions, but then fires you for a BS reason. The good news is that if you get fired for any reason and are on restrictions, you immediately go back on TTD payments.

So the simple rule is if you are under medical care and you can not work due to restrictions from a job injury, you get paid until you are all better or your employer finds work for you.

The more concerning issues that injured Illinois workers have is a worry that they will never be able to go back to their old job. For many that is a really legitimate fear. The good news is the Illinois Workers’ Compensation Act protects you.

When you finish your medical care, you are considered to be at maximum medical improvement or MMI. The goal is for you to be released back to your old job, but some workers have restrictions that the employer can not accommodate. At that point, TTD stops, but can continue in another form called maintenance.

What has to happen is you need to start looking for work within your restrictions. As long as you do so and provide proof to the insurance company, maintenance benefits should be paid. This payment is paid at the same rate as TTD. You should have your lawyer explain how to properly look for work and document it. If you fail to do it right, not only could your benefits get cut off, but it could reduce the value of your case by hundreds of thousands of dollars. THERE’S A LOT AT RISK!!!

If you need help with the job search such as putting together a resume or identifying potential employers, you can not only get that help, you can choose who does it and work comp insurance has to pay for it. This is called vocational rehabilitation. There are trained professionals who can do an assessment on your qualifications and work with you to find a suitable job. They can also, depending on your age and life skills, recommend things like re-training.

In other words, if you have a major back injury and have only worked construction, but are in your 30’s, they might suggest that you go to school to get a degree. If that happens, work comp insurance would have to pay for that and continue to pay you while off work. All of this is considered medical care.

If you are able to find a job within your restrictions and the pay is similar to what you would be making in the old job, all that is likely left is to settle your case. If you have a new job, but are experiencing a wage loss, you are likely entitled to wage differential benefits. Those payments are 2/3 of what you would have made in the old job compared to what you can make in the new job. So if the old job paid you $150,000 a year and the new job is for $75,000, you would get $50,000 a year tax free. Those benefits are typically paid weekly and last for five years OR until you turn 65, whichever is longer. So a 30 year old in that scenario would get $1,750,000 in benefits until they hit 65.

If the vocational counselor determines that you can not work any job due to your injuries, restrictions and other factors (such as age, language abilities, job history) then you could be found to be permanently disabled. In that case you could receive permanent disability payments. Those benefits are significant and can be as high as the maximum allowed TTD rate. In other words, it could provide more than $100,000 in annual, tax free compensation for life.

All workers can seek a lump sum settlement at any time. If you are eligible for wage differential or permanent disability benefits, it’s likely that a settlement would be somewhere in the six figures depending on your age and life expectancy. And while attorney fees are usually 20% of what is recovered, in most of these cases the lawyer fees are much less than that as there is a cap on how much an attorney can receive.

These types of situations require lawyers who are not only experienced, but have a proven track record of success. Every attorney in our state wide network has handled hundreds of high value cases like this. The right attorney is not only the difference between winning and losing, but can result in hundreds of thousands more in your pocket at the end of the day.

If you would like a free consultation for help anywhere in Illinois, please call us at 312-346-5578 any time.

Why You Can’t Find An Illinois Workers’ Compensation Attorney

By Mike Helfand on Posted in Tips if Injured

We love helping people. LOVE IT! I don’t like insurance companies or employers who do wrong by their workers. So if I can help you, I will do whatever I can. I will also always give direct, honest advice.

Wanting to help people does not mean we can or will help everyone that contacts us. We try to help people with legitimate work related injuries. If we think you are lying or scamming or being deceitful, we will not get involved.

Those reasons are rather general, but they apply to specific situations. My legal malpractice insurance carrier sent out an email with what they consider red flags in potential clients and it is worth sharing. If you do these things, it may be why you can not find an Illinois work comp lawyer.

An Inconsistent Story

When a worker changes the facts of how they got hurt or what happened, it hurts their credibility. We are not looking for a perfect set of facts. We just want the truth. A lack of details or inconsistent details are a huge red flag.

Sometimes this involves workers who have been pressured by their boss to lie to a doctor. At times we can overcome this. But if you tell us you were hurt one way and video evidence or other facts show something else, no attorney will touch your case.

Doctors That Are Shady

There are some medical providers that have really bad reputations. They over treat or even occasionally make fake diagnoses. It may not be your fault that you are with them, but we have heard of some medical providers recruiting people to have an injury. Other times we see people that won’t take any non invasive tests like a CT scan or have exaggerated pain that doesn’t match reality. In other words, if I see you get out of your car and you are walking fine, but in our office you are limping, that will not be a case any attorney we know would want to touch.

Workers’ Comp Claims Appear To Be Your Second Job

Some jobs are risky and can cause a lot of injuries. Other times it appears that the injured worker is so familiar with the system that they are running a scam. If we look your name up on the Illinois Workers’ Compensation Commission website and see that you have filed ten claims in the last ten years, it’s a red flag. If you just settled a case with another law firm, it can be a red flag, especially if you are coming to us about a similar injury. At the very least, we will vet these claims extra hard to make sure this is not fraud.

You Are Way Too Aggressive

I get that it can be beyond frustrating if your case is denied. That can lead to a lot of emotion. But if you yell at a secretary or talk about how you want to kill your boss or the insurance adjuster, that is not acceptable. You need to be able to control your emotions and know who is on your side. One recent caller to my office said, before I knew anything about his case, “You are the 4th lawyer I’ve called today. Are you fucking worthless like them or are you going to help me!” This was in the first 30 seconds. The call was over within a minute.

You Are Too Smart For Your Own Good

A final reason you might not be able to get or keep an attorney is when you start to lecture an experienced attorney about how they should handle the case. I don’t mind people who do research. I love people that educate themselves on the process. But every now and then we will get a call from someone who thinks they have it all figured out and tell us that if we represent them, they will be calling the shots about what will be filed, when and how. A good work comp attorney will consult with their clients, but you are hiring an attorney for their expertise. You wouldn’t tell the pilot how to fly the plane. You shouldn’t tell your attorney, especially when they lay out their reasoning, what they have to do. In my experience those types of people are a red flag and will never be happy.

Of course sometimes people can’t get an attorney because they are calling the wrong firms. We would be happy to talk to you about your case any time and see if we can help you find the best Illinois law firm to represent you. Contact us any time at 312-346-5578.

Rockford Workers’ Compensation Lawyers

By Mike Helfand on Posted in Tips if Injured

Since 1997 we have been helping injured workers in Illinois get the best result possible for their case. We have a state wide network of attorneys and would love to help you. Please call us for a free consult at 888-705-1766.

One unique thing about Illinois workers’ compensation law is that unlike almost every other area of law, each county does not have their own court system. For work comp, multiple cities/counties have their cases heard at the same spot.

In other words, if you live in Freeport and get a traffic ticket, there is a court location there. But if you are injured on the job in Freeport, Rockford, Galena, Machesney Park, Roscoe or about 70 other cities, your case will be heard in Rockford. That is the only hearing location for those areas. The actual address is the Zeke Giorgi Center at 200 S. Wyman.

Another unique thing is that there are not hearings every day. By that I mean unless it’s a holiday, regular Judges are in court every day. For Illinois work comp cases in Rockford, there are three Arbitrators total and they each have hearings or trials usually only seven days out of the month.

Unlike regular Judges, Illinois Workers’ Compensation Arbitrators rotate. The three that are currently assigned to hear cases in Rockford are all former defense attorneys. They are knowledgeable and fair, but I find it a little surprising that Governor Pritzker has not been more aggressive in appointing more Arbitrators who have a background in protecting workers instead of the insurance company. Of course they do rotate and have terms that expire so this could change at any point.

For you as an injured workers it’s important to know that the Arbitrators might have a slight leaning toward favoring the defense. They are fair, but will likely be more open to the defense side than you’d like. To level the playing field, we think it’s important that you have a lawyer in your corner that:

  1. Is experienced and is regularly before these Arbitrators. Above all us, Arbitrators generally are favorable to attorneys they know.
  2. Regularly takes cases to trial and is very thorough. A lot of work comp firms just want to sign the case up. Some firms that advertise a lot are signing up hundreds of cases a month, but won’t always do the hard work to get your case ready for trial and get you the best result. Before signing with an attorney, ask them how many cases they’ve taken to trial in the last year and what the results were.
  3. Has a good reputation. An attorney can be a fighter for their clients without being an asshole. And a great reason to be that way is you never know when the defense attorney will be a Judge some day. In other words, you don’t want to lose your trial because your lawyer treated the Arbitrator terribly a long time ago.

Insurance companies of course know that these Arbitrators are defense attorneys so they will fight cases even when they shouldn’t.

Illinois work comp laws apply to every employer big or small. We have helped a lot of injured workers from companies like Swedish American Hospital (UW Health), the Rockford School District, Bergstrom, Amazon, Ford Motor in Belvidere and UPS. But even at smaller employers like a daycare or mechanic have to provide the same work comp benefits that these billion dollar organizations do.

Benefit wise each case is different, but you generally get:

  • 100% of your medical care for the injury paid. You do not need your own insurance. No co-pays and no out of pocket expenses.
  • 2/3 of your wages, tax free for your time off work. This is known as temporary total disability benefits or TTD. There is no time limit on how long this can last.
  • A settlement. This is not required, but a good attorney can get you one.

There is no up front cost to hire an attorney. As work injury lawyers, we handle the case for free until a settlement is made. At that point our fee is 20% of what the settlement is. If you don’t get a settlement, you owe nothing.

We have helped hundreds of injured workers with claims that are heard in Rockford and we would love to help you find the best Rockford workers comp attorney for your case. We promise to give you the same advice we would provide a family member or friend. Please reach out any time.

Sometimes Work Comp Can Solve Your Illinois FMLA Problem

By Mike Helfand on Posted in Benefits

This is going to start very randomly, but stick with me as I promise there will eventually be a point.

Many years ago (I think 2005) I was a contestant on “Wheel Of Fortune.” It was a lot of fun as I went out to LA with two great friends. I won some money and a trip to Maui. We went out that night and celebrated. A woman from Georgia was the big winner which was actually great. She had told me and the other contestant that her car had broke down and she needed a new one. She ended up winning over $40,000 and a new car! It was honestly better than if I won.

Going into the last puzzle it was anyone’s game. It was my turn and I guessed the letter T. There were two of them and the first word had five letters. I then guessed H and it was the second letter of the first word. I just knew that the first word was think. It came time for the final spin and I guessed R for some reason and got buzzed. The puzzle eventually came around to me and I guessed I because I was sure it was the third letter. It wasn’t and I couldn’t solve it in time. The winner solved in on her next turn. The answer was “Thank you for not smoking.”

So What Does Any Of This Have To Do With Illinois Workers’ Compensation Law?

My problem on that last puzzle was that I was so tunnel visioned that I could not look around and see other options. I was 100% convinced the first word was Think that I didn’t consider anything else.

Well I will get callers to my office who want advice on FMLA and I will discover that they are off work due to something that is likely a work related injury. It’s typically a situation where someone has a back injury from years of lifting or some other work activity, but never had an actual accident.

This was the situation that came up recently when I spoke to a bus driver who was getting denied FMLA. He had driven a bus for over a decade. He constantly drove over pot holes and was jarred in his seat, bouncing up and down. It also took a lot of force and leaning to open the door. That was an activity he would do over 100 times per shift.

I explained to him that he could pursue FMLA, but that would not pay his medical bills or his time off work. In the alternative, we could talk to his doctor and ask if his diagnosis of back arthritis was caused in part by his job duties. I let him know that this would not only pay for his medical bills and time off work (something FMLA does not do) but also would be a quicker process. On top of that, while often you have to pay for a labor lawyer, there is never an upfront cost to hire a work comp attorney. And even better, if he did have a valid case, there is no limit to how long he can be on work comp – FMLA is 12 weeks – and eventually he could even get a significant settlement.

Despite all of this information, this caller only wanted to talk FMLA. He would not consider anything else. It reminded me of myself on The Wheel.

What I tell people is that you should be goal focused. Don’t worry about what the law is called or how you achieve success, just worry about getting success.

Ironically, his biggest concern was losing his job. Work comp actually would give him a better chance of protecting it. That’s because if they did not take him back it would likely greatly increase what the case is worth.

This was not a one off situation. I have calls like this all of the time. Ultimately it is your life and up to you to decide what to do. But I really do recommend that you focus on goals above all else. Tunnel vision will not make you a winner!

Investigations And Illinois Workers’ Compensation Claims

By Mike Helfand on Posted in Tips if Injured

If there is one thing true about Illinois work comp cases, it is that the insurance company will do whatever they can to deny, delay or reduce your claim. These are billion dollar companies that do not make money by doing the right thing. They do it by limiting what they pay out in cases and in some cases trying to get away with paying nothing at all.

First off, we have helped tens of thousands of people whose cases have been wrongly denied or delayed. Sometimes it’s the whole case. Other times it’s missing TTD checks or a failure to approve medical treatment like a MRI or physical therapy. If you want to talk to an experienced work injury lawyer for free, please call us at 312-346-5578 for help anywhere in Illinois via our state wide network.

While often the insurance company will actively harm you without reason, other times they are doing behind the scenes investigations to come up with reason to deny your case that will hold up in court. It is these type of investigations you need to be aware of and look out for so you don’t lose your work comp rights.

What Do Insurance Companies Do To Fight Illinois Workers’ Compensation Claims?

The biggest your injury, the more likely they are to take steps to fight you. But with most people being online, note that their investigation of you will likely start on day one. This includes:

  • A simple Google search to see what they can find out about you. Some of their investigators are really good at this even if you have a generic name. Most if not all of what they come up will be irrelevant.
  • Searching your social media. This is where you need to be careful. NEVER post about your accident or case. I mean never. Make sure all of your accounts are private. Do not accept friend requests or follows from someone you do not know. The safest course of action is to not post at all about anything. Even a picture of you holding your kid could be used against you.
  • Background checks to see if you are working any other jobs while getting work comp. Don’t do this without talking to a lawyer first as it could be a felony.
  • Conducting surveillance on you. They are hoping to catch you doing something that violates your doctor given restrictions. Often it gets misinterpreted. That could be you feeling good one day and testing your body or it could be them thinking you are doing something you shouldn’t when it’s actually OK. Either way, especially with a big injury, you should assume you are being followed and filmed.
  • Talking to co-workers, friends and neighbors. Some surveillance can go as far as them trying to invade your personal life. A “friend” might turn on you, especially if you are talking too much about your case or what you are going to get. NEVER talk about a possible settlement with anyone. It doesn’t help your case and can only hurt you.

What they can’t do is track your phone or car, hack into your accounts or do something like pretend they are a cop as a means for talking to you. They also can not directly talk to your doctor other than to request copies of bills or records, but they do that quite often any way. They can’t come into your house or break into your car. They have to follow the law.

A good lawyer will protect you from these shenanigans and make sure you are aware of things to look out for. That won’t stop them for trying to screw you over, but it will give you a better chance at getting a good result.

Bonus tip!

You should follow these rules even after you’ve agreed to a settlement. In extreme cases they will try to catch you off guard at those times. Until the contracts have been signed and approved, you are at risk.

What Are Your Odds Of Winning Your Workers’ Compensation Case?

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

An employee of a big Fortune 500 called me after getting injured on the job. They were very nervous and stressed because “the company is so big and worth billions and has a team of lawyers.” They went on to ask me if they even had a chance. When I assured them that they did, they asked me:

What are the odds that I will win my workers’ compensation case?

That was a question I have heard before, but not in a while. People love to gamble, so I guess it is not a surprise to be asked that way.

The honest answer is that your odds of winning a work comp case in Illinois are based on many things. We are a very worker friendly state, but to win a case it depends on:

  • How did you get injured? Were you performing your job duties at the time?
  • Where did the accident take place? If you were on a personal errand that decreases your chance of success. If you are on company property it increases the chances of success.
  • What defense does the insurance company have? We might not know this right away, but if they have witnesses who say you hurt yourself working out or that you were drunk at the time, that could hurt you.
  • How many prior claims have you had? This can affect your credibility and ultimately the outcome of your case. If you’ve worked for 30 years without a claim that makes you look good. If you have filed ten claims in the last five years that can make you look bad.
  • How credible are you over all? This can be subjective, but how you will present yourself to an Arbitrator matters. If you are a felon, that won’t look good. If you follow what your doctor says to do, it usually helps.
  • How soon after the accident did you report it? The sooner the better.
  • How soon after the accident did you get medical care? Again, the sooner the better.
  • What did you tell the first medical provider? If you lied and said you were hurt at home, that kills your odds. If you went straight from work to the ER and say that you hurt yourself lifting a box, that helps your odds.
  • What does your doctor say and how credible are they? This can be out of your control, but beware of any doctor your lawyer insists that you see. An orthopedic doctor at a well known hospital or big practice group is usually credible. Someone who practices alternative medicine is usually not.
  • Who is your Arbitrator? Some favor workers more. Some favor the insurance company more. This doesn’t always matter, but can.

There are two key points in understanding your odds that nobody ever thinks of.

The first is that your odds can change over time. Your case might look great and then you get caught on surveillance doing things beyond your restrictions. The insurance company could send you to an IME that disputes that you need surgery or were hurt at work. Or on the plus side, we might subpoena a video that confirms your version of the events or the IME could find in your favor.

The second point is the big one though. Not every Illinois workers’ compensation case is a win or a loss. In many of the cases we get involved with, the injured worker gets everything they want and are entitled to under law. In some cases, because there are legitimate possible defenses, instead of going to trial, the parties reach a compromised settlement.

That does not mean that you get half of what you’d get if you won the case. It might mean that if you were owed in our opinion three months of TTD benefits that the settlement might include two months of TTD plus the full value of your injury. It might mean that some medical bills get put through your group insurance with the work comp insurance agreeing to protect you if your group insurance ever seeks reimbursement. It could mean taking $60,000 for a settlement when full value would be $80,000.

None of those situations are 100% wins. And none of them are losses. A good Illinois work comp attorney does a couple of things. First they try to get the best possible result for their client. That means not getting less than the client is entitled to whenever possible. The second thing a good attorney does is make sure the client understands the risks and rewards of going to trial versus taking a guaranteed settlement. Those risks change from case to case. In a lot of cases there are no defenses or disputes. The bills are paid. The lost time is paid. We are arguing over how much the case is worth. In other claims there are legit disputes where there is a possible chance that if you go to trial you will get nothing. A good lawyer makes their client aware of that so they can make an educated decision.

Bonus tip

One of my biggest pet peeves is a lazy Illinois work comp attorney. The best ones will take a case to trial. One attorney we work with on cases tried three cases in a week last year. A lazy attorney will lie to their client and tell them that if they go to trial they could end up with nothing, even when that is not true. If there are no real disputes in your case, the only risk of a trial is that you will get less than what the insurance company is currently offering. That is not as scary as walking away with nothing.

Second bonus tip

In some cases the odds should encourage you to go to trial. If you are experiencing a wage loss, but the insurance company offer does not reflect that, a trial win could be the difference of hundreds of thousands of dollars. Do not be afraid to go to trial in an Illinois work comp case if the facts are on your side.

If you have a case you want to discuss, we are happy to do so any time for free. Contact us at 312-346-5578 to speak with a lawyer. All calls are confidential.

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