Illinois Work Comp Case Denied “For Lack Of Information”

By Mike Helfand on Posted in Benefits

There are a variety of reasons an insurance company might deny an Illinois workers’ compensation case. Some are legit and some are nonsense. They include:

  • You told the doctor you were hurt at home
  • You failed a drug test
  • A witness tells a different story than you
  • There was a significant delay in you getting medical care
  • They claim to be conducting an investigation
  • No reason, they just hope you will be frustrated and go away
  • Alleging your problems are pre-existing or from some other reason

A recent caller who works for a big box retailer experienced a new reason for denying a case and when I say it is total nonsense, it is so bogus that it makes me want to scream. This worker hurt their back while lifting a heavy box. They reported it to their supervisor right away and went to the company clinic. At the company clinic, they gave a clear and consistent history about how they were hurt. This worker was performing their normal job duties, but in this instance they were by themselves so there was no witness.

The insurance company talked to them, saw the medical records and then sent a letter telling the worker that the claim was denied “for lack of information.”

How To Prove An Injury Is Work Related In Illinois

Illinois workers’ compensation claims are not lawsuits. You do not have to prove fault/negligence. You just have to show that your injuries arose out of your work duties (meaning reasonable job activities) and in the course of your employment (while doing work for your employer).

How you prove this varies from case to case. But in general 98% of cases can get proven by one person. And that person is you!

Your statement as to how you got hurt at work is all the information an insurance company needs to process your claim. If you are the only witness, that is all that they need. If your statement is that you felt a strain in your back while lifting a box and that is what you told the doctor, there is no basis for any delay or in this case, denial of your Illinois work comp benefits.

Other things that can help prove your case include:

  • Witnesses
  • Video
  • Statements of support from your employer

But none of these things are needed for someone who has an accident. If it’s a repetitive trauma claim, you will probably need a supporting statement from a doctor, but even then, if you have been doing the same repetitive activity for years, your statements alone can be enough to get a case started.

Illinois work comp insurance companies make billions. And one way they do it is with ridiculous case denials like this one. It should not happen, but regrettably does. The good news is that it is easy for an experienced Illinois work comp attorney to push back on.

By formally filing a case with an attorney, that will put pressure on the insurance company to either pay benefits or show a legal reason for denying you. And if they don’t, they can get hit with massive penalties and fees by an Arbitrator at the Illinois Workers’ Compensation Commission.

We cover all of Illinois via our state wide network and would love to help you. Please contact us any time for a free case review with a lawyer. We promise to give you the same guidance we would to a family member or friend.

Why Every NFL Player Should File For Work Comp When They Retire

By Mike Helfand on Posted in Injuries

Another NFL season is upon us. Hopefully the Bears can build off last season’s success and actually make the Super Bowl for the first time in two decades. The reality though as that they and most teams are one injury away from a busted season. If Caleb gets hurt, it’s over. Look what happened to KC when Mahomes tore his ACL.

Football is a violent game. These guys get paid incredibly well and now with NIL, many are coming into the league already as millionaires. That does not change the fact that they are putting their bodies and health on the lines every day, even in practice.

This has been shown by a recent study that showed at least 25% of players studied who died in between 2016 and 2021 had CTE, chronic traumatic encephalopathy. This follows previous studies that showed CTE between 93-97%.

CTE is a brain injury that for now can only be diagnosed after death. It is believed to occur due to repeated hits to the head as when as the snapping of the neck that rattles the brain around. While it can not be diagnosed while alive, it is related to early onset dementia, sleep apnea, depression and chronic pain.

Beyond that, it is not uncommon to see a former NFL player need to retire due to their body not functioning as well as before or needed surgeries in the future. That could be a knee replacement, back surgery, shoulder surgery or something else.

This is not too dissimilar from someone who works construction for 40 years and sees their body just break down to the point that they can not do the work anymore.

Because of the toll football can take on your body, even if you have made a lot of money playing it, I recommend that almost every NFL player (not the kickers usually) file for workers’ compensation benefits when they are retiring.

Under Illinois law, if you played for the Bears or your last game or injury was in Chicago, you can file an Illinois workers’ compensation claim. We have the best benefits in the country. Even if symptoms of CTE have not shown up yet, it’s probable they will in the future.

As a result you’d have to file a case within three years of your retirement date. But in cases like undiagnosed CTE, it’s possible that the true nature of your injuries will not develop for many years.

By filing a work comp case, you can either keep it open if needed or go to Arbitration and present testimony as to the violence of your job and an expert to testify that you have a likelihood to develop CTE in the future. You could also present testimony about how your knees, back, shoulder, etc feel and get compensation for that. And by going to arbitration, you give yourself the chance to have 100% of your medical bills in the future paid for instead of having to hope the NFL or government will take care of you.

When you go to arbitration at the Illinois Workers’ Compensation Commission, your medical rights for that injury stay open for life. So if problems develop down the road, those bills will be covered.

It is the smartest thing that an NFL player can do and it something that workers in heavy duty jobs like construction, plumbing, iron workers, mechanics, carpenters and others should consider as well when they retire and their body is a mess. Even if you don’t need that knee replacement now, you might down the road.

This is not the type of advice you will often hear, but it is smart to at least discuss. If you want to do that, call us for a free consultation any time at 312-346-5578. Go Bears!

Is Arthritis An Illinois Work Comp Case?

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

When people call me and hear my voice, they think they are talking to a young attorney. I have heard many times that I sound very young. In fact, I became a lawyer in 1997 and am in my 50’s. I don’t feel that old and writing it seems a little weird, but I digress.

If you are older like me or even much younger, you know that at some point you wake up and your neck hurts. Or maybe it is your back. Or your legs take longer to recover from a hard workout or long day on the job. That is common and natural.

For some people, this type of pain is known as arthritis. Arthritis is the experience of joint pain, stiffness or inflammation.

There is one type of arthritis that indicates that if you have it, it might be from your work activities. If it is, you likely have an workers’ compensation case if you work in Illinois.

Osteoarthritis and Illinois Workers’ Compensation Law

If you have arthritis, it is likely either rheumatoid arthritis, which is an auto-immune disorder, or osteoarthritis which is arthritis from wear and tear.

Workers tend to do the same sort of activities over and over. If you work in a warehouse, you likely do a lot of lifting. If you are a plumber or electrician, your job typically entails a ton of bending, squatting, overhead work, etc. If you type all day or work on assembly line, your hands and arms are in constant motion.

And in reality, almost every job causes some wear and tear. When those job duties contribute to you developing arthritis such as degenerative disc disease then it could be an Illinois work comp claim. That is a really big deal because if it is, you will get benefits including:

  • 100% of your medical bills paid for with nothing out of pocket. No need to have or use personal medical insurance.
  • Typically your own choice of doctor
  • Payment for any time off work due to your injuries
  • A settlement which in some cases could be in the six figures or more

How To Prove Your Arthritis Is Work Related

If someone comes to us with an arthritis related diagnosis, the first thing we want to know is what are their job duties. The second is how long have you been doing that type of work and how long with your current company.

Work comp cases are usually filed against your current employer. If you have only been with them for a month or two, it is harder to show that a wear and tear injury is work related. On the other hand, if you have been doing the same type of work at the same company for years, it is much more likely that your injuries are in fact work related.

Most people tell us something along the lines of, “I did not have an accident, so I have no idea why my back is in pain.” That is where our analysis comes in to play. What you need to prove is that your job contributed to your problem. That does not mean it was the only cause or even the biggest cause. Just that it was an aggravating factor.

When we explain this standard, workers usually understand that their job duties played some role in the pain they are experiencing. Of course the insurance company will try to point to other things like age, weight, older injuries like car accidents, etc. Do not let them deter you. You have to show your job caused, aggravated OR accelerated a problem.

Ultimately we count on doctors, usually orthopedic ones, to understand the proper Illinois work comp legal standard and to state that your job did in fact play a role. It is also a little common sense. If you have been working construction for 20 years and your back is starting to break down, of course your job duties played a role.

If you want a free case review to see if we can answer questions or help you with a case, we would love to talk to you any time. Contact us via form, phone or live chat and you will speak with an experienced Illinois work comp attorney. We will give you straight forward, honest advice. And we cover all of Illinois.

Illinois Work Comp For Self-Employed Contractors

By Mike Helfand on Posted in Benefits

We got a call from an electrician who was working on a ladder, fell off and shattered his heel. Ordinarily it would be a great case and one that we could help with. The problem in this instance is that he is a self employed contractor. The company is just him and he does not carry workers’ compensation insurance on himself.

And that is really the first question we have for any self employed contractor who gets hurt on the job. Did you purchase work comp insurance and did you add yourself to the coverage? Under Illinois law, owners can exclude themselves from coverage. It is a way to keep insurance rates down.

Excluding yourself from coverage makes sense for sedentary jobs like being an attorney. I do not have coverage on myself. I do know many lawyers who own their own firm who do. In one sort of famous case, a Chicago workers’ compensation lawyer fell while getting his briefcase out of his car in Rockford. It was a big knee injury and his case, which he handled himself, was treated like any other injured worker.

If you are a contractor who works in a labor job, it is a huge risk not to carry Illinois work comp coverage on yourself. If you have a major injury and can no longer work, without work comp, you will have no money coming in, not to mention a huge amount of bills.

The exception to this is if you are injured due to the negligence of a third party. For example, if someone else sets up a scaffold and it collapses or you are working at a home and you fall down a stairs that does not have a hand railing when building codes say it is required.

If you do carry coverage on yourself, you are treated like any other injured worker, at least in theory. When a worker gets hurt on the job, typically an insurance company will call the company and ask the boss what happened. The boss is you! So in most cases they have to take your word for it. In some instances, they will try to delay benefits while they do “an investigation.”

If your accident is fairly straight forward, the work comp insurance company has no right to delay any payments or approval of medical care. This is a risk they take on when they give you coverage and why you pay as much as you do.

Other variables come from how you are paid. If you do not pay yourself a salary, there is an analysis that must be done to prove your true average weekly wage and what you are entitled to for TTD benefits for the time you can not work. This can be complex and it is extremely important that it be done right. It is one way that an experienced Illinois work comp attorney can really make a difference for you. It also comes into play when it’s time to settle your case.

Another issue that comes into play is when you can start getting back to doing jobs. It is possible that you will be only able to come back on a part time basis or have trouble securing as many jobs as you need when you are first getting back into it. This is another issue an attorney can address that is different from most work related injuries. There can be compensation to make up the gap, especially if the gap is due to your injury and recovery.

If you were hurt and would like a free case review, please contact us any time. It is always no cost and confidential.

How We Saved An Injured Worker From A Terrible Lawyer

By Mike Helfand on Posted in Benefits

While there is so much important advice we can give to an injured Illinois worker, right at the top is do not settle your case too soon. When you settle, it cuts off your benefits and ends the case for good.

About five years ago, we got called by a person whose Illinois attorney was telling them to settle for around $150,000. They had been off work for over three years and not only were they still getting weekly checks that totaled to over $60,000 a year, they also were still receiving active medical treatment.

They came to us because they did not want to settle, but were getting a lot of pressure.

Normally when there is a settlement offer that big, getting a new attorney is impossible. That is because a new lawyer would only get paid if they got this worker more money. But every case is different. And this case shows why we will talk to anyone about their case.

It became clear that not only should this worker not settle, but full settlement value was at least triple what they were getting offered. They had hired a law firm I had never heard of. I looked that firm up and they appear to only dabble in Illinois work comp cases.

Long story short is we connected the worker to the best Illinois workers compensation attorney we know in central Illinois and he took the case over. He kept benefits going and eventually took the case to trial. He won the trial and this worker was declared to be permanently and totally disabled due to how bad the injury was.

As a result, for the rest of their life this worker will have all of their related medical bills paid for and they will receive around $62,000 a year tax free for life. And that amount will increase over time due to cost of living increases that the Illinois Workers’ Compensation Commission provides.

All told, even if the benefits were to stop today, this person has already netted more than double what the old attorney was telling them to take.

The level of bad lawyer work in this case is almost criminal. It makes me shudder to think how many other clients they have given terrible advice to. The client told us we were incredible, but it does not take a genius to tell an injured worker not to settle while they are still under a doctor’s care and getting weekly benefits.

Five years from now this worker will have accumulated more than $300,000 in additional work comp benefits alone, plus tens of thousands of dollars of medical bills that will be paid.

This is a case that made me feel so good when I learned the result and so angry about how it went down originally. It is a case we never should have been involved in because the first firm should have just done their job. This does not happen in every case of course, but it happens way too much.

I am just thankful that this worker did not trust their attorney’s advice when something seemed off, but instead sought a second opinion. And if you would like to do that, please contact us any time for a free, confidential case review.

Tyson Foods Closing And Illinois Workers Compensation Cases

By Mike Helfand on Posted in Tips if Injured

Over the weekend it was reported that the Tyson Foods plant in Joslin, Illinois would be closing. With it comes the loss of around 2,500 jobs at the plant which has been operational for over 40 years. Allegedly they are doing it due to cattle shortages across the country.

These jobs were, at times, dangerous and led to a lot of work related injuries. We have helped dozens of injured workers at this facility over the last 25+ years. These workers see just about every injury you can imagine with back injuries being the most common along with a lot of repetitive trauma injuries to the arms, shoulders, and wrists.

What Happens To The Workers’ Compensation Claims Of Injured Tyson Workers?

Since the plant closure announcement, we have already received calls from concerned injured workers who are wondering what will happen to their case and how the closure affects things. Here is what you need to know and this applies to not just Tyson, but any plant that closes down.

  1. Your case is still active. You can and should continue to receive medical care at their expense.
  2. You also should continue to receive TTD benefits if your injury has you off of work.
  3. If you have restrictions from a work injury that they were accommodating, the day that they close down, they should put you back on TTD benefits until you have no restrictions.
  4. If your restrictions end up being permanent, that could greatly increase the value of your case. Them not having a job for you any more will make your case worth much more money.
  5. No matter the case, you are entitled to a settlement when you are all better.

Another thing to know is that when these shut downs happen, the company and their third party company that they use to process these cases, want to close all claims ASAP. You need not feel pressured to do so and should never settle before you are ready. And when it does come time to settle, a good lawyer can usually get you maximum dollars because of the extra incentive they have to be done with these cases. Let their greed work to your benefit.

You also do not get punished because there are not as many high wage jobs in the area. So if you have restrictions and suddenly have a $15 an hour wage loss compared to what you’d currently make at Tyson, a case that would have been worth $50,000 could suddenly be worth $300,0000 or some other large number depending on your age and other case factors.

So while it is certainly stressful and a bit gross that they are closing, I do want any injured worker from Tyson to know that their case will not be harmed.

Bonus tip. If you have hesitated to bring a work comp case in the past even though you are injured, you absolutely must do it now if you ever want to go that route. Trying to bring a case months after the closure or your last day worked will be very difficult and could cause a winning case to be a loser.

We are here to help if you want that help. Call us any time at 312-346-5578 for a free consultation with an attorney who knows how to handle Tyson claims.

Shoulder Replacement Surgery and Illinois Workers’ Compensation

By Mike Helfand on Posted in Injuries

When most people think of workers’ compensation claims, they picture a sprained back or a broken bone or some other injury that heals with rest and physical therapy. Shoulder replacement surgery is something else entirely. It is a major, life-changing procedure that signals a severe and permanent injury. If your job has left you needing a shoulder replacement, you deserve serious legal representation to match the seriousness of your condition.

Jobs Where Shoulder Injuries Are Common

Shoulder injuries happen at work because of the physical demands certain jobs place on the body day after day. Workers most at risk include:

  • Construction workers — lifting heavy materials, working overhead, operating heavy equipment
  • Factory and assembly line workers — repetitive arm motions and awkward positions over years
  • Warehouse and logistics workers — loading, unloading, and carrying heavy loads repeatedly
  • Nurses, CNAs, and healthcare workers — lifting and repositioning patients puts enormous strain on the shoulder joint
  • Painters and drywall workers — constant overhead work degrades the shoulder over time
  • Mechanics and auto body workers — reaching, pulling, and working in tight spaces
  • Firefighters and first responders — physical exertion under high-intensity conditions

The reality is that almost any job could lead to a major shoulder injury, even something low risk like lawyer, secretary or teacher. If your job involves any of these types of activities (even if your role or your title is different) and your shoulder has given out, your injury may very well be work-related.

Symptoms of a Serious Shoulder Injury

Shoulder problems often start small and get worse over time. Warning signs that something serious is happening include:

  • Persistent pain that doesn’t improve with rest or medication
  • Deep aching or throbbing in the shoulder, especially at night
  • Severe limited range of motion, difficulty raising your arm or reaching behind your back
  • Grinding, clicking, or popping sensations in the joint
  • Weakness in the arm that makes daily tasks difficult
  • Swelling or tenderness around the shoulder joint

Many workers push through these symptoms for months or years before getting a proper diagnosis. By that point, the damage can be severe enough to require surgery.

Why Shoulder Replacement Is a Much More Serious Surgery

Most shoulder injuries are treated conservatively with rest, injections, physical therapy, or rotator cuff repair. Most of those surgeries are short and recovery only takes a couple of months.

A shoulder replacement (also called shoulder arthroplasty) is recommended only when the joint has been destroyed to a point where those options no longer work. This happens with severe rotator cuff tears, advanced arthritis caused by workplace trauma, or fractures that have compromised the entire joint.

This is major surgery. The damaged parts of the shoulder joint are removed and replaced with artificial components. Recovery takes many months. Physical therapy is intensive and lengthy. Many patients never fully return to the type of physical work they did before. Some cannot return at all. The long-term impact on your career, your income, and your quality of life is enormous, and your workers’ comp claim needs to reflect that reality.

Why You Need an Experienced Workers’ Comp Attorney

A shoulder replacement claim is not a simple case. The higher the stakes, the harder insurance companies fight to minimize what they pay out. Here is why having an experienced lawyer in your corner matters:

The value of your case is significant. Between surgery costs, months of lost wages, long-term therapy, and potential permanent disability, a shoulder replacement case can be worth a substantial amount. An experienced attorney knows how to calculate the full value of your claim.

Insurance companies will look for any reason to deny or reduce your claim. They may argue your injury is pre-existing, not work-related, or not as severe as your doctors say. A skilled attorney anticipates these tactics and builds a case that counters them.

You may never return to your previous job. If your shoulder replacement limits the kind of work you can do, you may be entitled to vocational rehabilitation or additional compensation for loss of earning capacity. Most injured workers don’t know to ask for this, but an attorney will.

Workers’ comp attorneys work on a contingency fee basis. This means you pay nothing out of pocket. Your attorney only gets paid when you win or settle your case.

Contact us today for a free consultation. We have a state wide network of attorneys who have had success in representing workers with severe shoulder injuries. They literally can make your case worth tens or hundreds of thousands of dollars more. Fill out our contact form, start a chat, or call us at 312-346-5578. We will treat you like a family member.

Social Security and Illinois Workers’ Compensation

By Mike Helfand on Posted in Benefits

I recently had a phone call from an injured worker. He had actually already settled his workers’ compensation case, but wanted to sue Gallagher Bassett. He is also on social security and said that the insurance company did something in the contract that caused him to lose six years of benefits.

I had some thoughts right away:

  1. The first was that you can not sue the insurance company. It is not their job or that of their lawyer to look out for you.
  2. The person who should look out for you, other than you looking out for yourself, is your lawyer.
  3. Based on what this person described, I assumed he would need a legal malpractice attorney.

But then I looked his case up and discovered that he represented himself on what was a very serious injury. And that explained a lot.

Spread Language and Illinois Work Comp Settlements

When you settle a workers’ compensation case and either are on social security disability or you anticipate you might be, the social security administration looks at your settlement as income. As a result, it can greatly reduce your social security benefits. That is what happened to the person who called me.

The way an experienced Illinois workers’ compensation attorney protects their clients is by adding something called spread language to the settlement contract.

What spread language does is take your life expectancy and have the contract reflect that the payment is being spread out over your life expectancy. You still get the settlement in a lump sum, it just greatly reduces how the Government views it and in most cases will only cause your social security to go down by a very low amount.

If this person had hired an attorney and they did not do this, it would likely be an Illinois legal malpractice lawsuit. I have seen that happen on other cases, but it did not happen here. As a result, not having a lawyer cost him a lot of money.

To make matters worse, my quick assessment of his case was that it was probably worth more than $200,000 than he got. In other words, even with a 20% lawyer fee, which would have actually been less as the fee would be capped, he would have netted way more money.

It is a sad case all around and one that could have been avoided. The only hope now is that the insurance company would be willing to re-write the settlement contracts. That is not likely.

If you have a large money settlement or might be or are on social security, make sure that spread language is part of the contract. The insurance company will never fight it and it will protect you and save you money.

Attendant Care and Illinois Workers’ Compensation

By Mike Helfand on Posted in Injuries

One of the great things about Illinois workers’ compensation law for workers is that it covers 100% of all reasonable and related medical care. Most people think of this as meaning that there will be no co-pays and no out of pocket expenses. And that is correct.

What a lot of people do not consider is what medical care actually is. Medical care under the Illinois Workers’ Compensation Act could be a gym membership. It could be a modification to your home or the insurance company having to buy you a vehicle. One man I represented for almost 20 years was paralyzed and got multiple vans.

It can also mean that if needed, you can get attendant care.

What Is Attendant Care?

Attendant care is a person who comes into your home at the order of your doctor to help take care of you. They are called a “non-skilled” worker, but that is nonsense. They provide a lot of services to help someone who is significantly injured and can not fully take care of themselves. This includes:

  • Helping with baths or showers
  • Preparing meals
  • Getting you dressed
  • Assisting with taking medication
  • Housekeeping and laundry
  • General grooming
  • Transportation
  • Companionship and supervision
  • Anything else needed in your acts of daily living

If your doctor orders it and it is medically necessary, then the workers’ compensation provider must pay for it.

Illinois Work Comp Cases

Attendant care does not come up in most Illinois workers’ compensation cases. It is reserved for those who are significantly injured. As a result, not every Illinois work comp attorney has experience in making sure that if it is ordered that you can actually get it.

It is possible that attendant care will be provided for life and in other cases it may be temporary. For example, if you had a spinal fusion due to a work related injury and you live alone, it is likely that you will need someone to come into your home to help you with your acts of daily living.

If you are paralyzed or permanently disabled from working, it is possible that you will need attendant care for life.

And even if you live with someone, if they have to take care of you and your doctor has ordered attendant care, it is possible your spouse, friend or other family member could be paid for helping you out.

It is something an attorney should suggest for most people who have major injuries. And it is certainly something you should bring up to your doctor if you feel you need it.

The Role Of Your Doctor and Tips For The Provider

It is important that your physician be detailed about why you need attendant care and what that should involve. His prescription and official records should indicate things like:

  • Times when care should be provided
  • What needs to be done
  • How long care should last

As for the attendant, especially if it is a friend or relative, make sure they know to keep detailed logs of what they are doing including tasks completed and how long it took. They also should report this to the doctor as well as any other progress that occurs or relevant observations.

Free Case Review

The key points in all of this are that attendant care is available, but you might have to ask for it and there are very few attorneys with a track record of handling cases that need attendant care. If your injury is that serious, the right law firm can make your life much better.

We have a state wide network of experienced, successful work comp attorneys who care about their clients. If you would like a free case review, please call us any time at 312-346-5578. All calls are confidential and no commitment.

This Chicago Work Comp Lawyer Made His Client Feel Terrible

By Mike Helfand on Posted in Tips if Injured

Illinois workers’ compensation attorneys do not see each other much anymore because most hearings and court appearances are on Webex which is comparable to Zoom. As a result, you do not get the small interactions very often that help foster relationships which can make cases operate more smoothly.

I have vivid, not necessarily fond, memories of going to the Illinois Workers’ Compensation Commission at the Thompson Center before Covid when hearings took place there. You would see gross things like older, married male attorneys hitting on young female lawyers. You would get a sense about how various firms practiced. One firm in particular would make almost all of their clients show up even though they knew the cases were not actually going to trial that today.

You would also see some great attorneys in action and see some acting like total assholes.

It has been a decade or more since I have seen in person one particular Chicago work comp lawyer who had a major anger problem. It was never directed at me, but I saw him act out toward defense attorneys and his own clients.

Well he appears to still be at it because one of his clients, who has a great case worth a lot of money, called me crying. She had a question about her case and said when she called her attorney he screamed at her, called her stupid and made her scared. She told me that she felt like a kid who had been sent to the principal’s office.

There is absolutely no excuse for a lawyer to treat a client that way, ever. You can not say you are having a bad day. That does not mean an attorney should be perfect or can’t get argumentative. That can happen and sometimes it is appropriate.

But to call your client stupid and make them afraid to call you is just gross. She told me that whenever she calls she gets ridiculed and this was not a one off event.

So sadly nothing has changed for this lawyer and given that he’s been doing this for over 30 years, it sadly means he will probably escape accountability.

Your work comp attorney does not need to be your best friend or even your friend at all, but it would be nice if they are patient and compassionate with you. If they have a problem with anything you do, they should be able to say it calmly. For example, if a client is calling 10 times in a day and yelling at staff, the attorney should call that out.

But if you are calling occasionally when you have questions and you are courteous, they should try to help you.

What makes this case worse in my opinion is that when benefits got cut off, he made no attempt to solve the situation and did not provide any real legal advice from what she shared.

The good news for this person and anyone else is that you can switch firms and it will cost nothing to do so. The only hindrance to that would be if there was a settlement offer. Often at that point you are stuck unless the offer was woefully low.

On the same day this worker called me, another injured worker who hired a different terrible firm reached out as well. He too had been screamed at by his lawyer, but his case went to trial and they lost so there was no way to help him unfortunately.

Again, the lesson is you do not have to take it and if you are thinking about switching, do it before it is too late.

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