Dumb Illinois Workers’ Compensation Settlement Strategy

By Mike Helfand on Posted in Benefits

This post could also be titled: “How long does it take until I get paid after the case is settled?”

A rather angry man called me and vented his frustration at his attorney.  He had signed settlement contracts more than two months ago, but not only has he not been paid yet, his attorney recently told him that the settlement was on hold because the insurance company wanted more information.

After talking to him for a while, I believe I pieced together what happened.  The case wasn’t really settled.  Instead, the attorney used the “strategy” of getting his client to sign a settlement contract, telling the injured worker that yes the case was settled and then sent that signed contract to the insurance adjuster with the hopes that they’d sign it too.

On the one hand, insurance companies do like to settle cases at the end of the year.  On the other hand, it’s insulting to an adjuster to send them a contract and imply that it’s take it or leave it, especially when you ask for more than the case is worth.

The biggest mistake of course was lying to the client and telling him the case was over.  He pissed off his client and the other side.  It would have been so much smarter and simpler to just pick up the phone and negotiate a settlement. If you don’t talk to the adjuster or defense attorney it’s hard to get a read on them and learn what leverage you may or may not have.

In fact, I can’t imagine trying to settle a case without talking to the other side.  There is so much you can learn and you’ll get MORE MONEY in almost every situation.  But to send a contract in the hopes they bite is silly and to lie to your client about it is dumb, especially when you are asking for the moon.

We believe that every case is a partnership.  We are direct and honest with you, you need to do the same with us.  When it comes time to settle your case, if that’s best for you, we discuss with you what we think we should ask for, what a reasonable amount would be and what the strategy is. Sometimes you get to know an adjuster or defense attorney as a straight shooter and ask for the value of the case. Other times you ask for more to give yourself room to negotiate.

In every case though you should do an actual negotiation that doesn’t waste anyone’s time and is part of a plan with your client.  The goal for the client is to get them a settlement when the time is right.  Not to play a game that ends up making the client wait too long.

P.S. How long does it take to get paid after a case is settled?  Typically the defense attorney prepares a settlement contract and signs it, sends it to your lawyer who signs it and then sends it to you to sign.  That process takes 2-4 weeks typically.  After that your lawyer submits the contract to an Arbitrator for approval which should take a week or so. After that the approved contracts are sent to the insurance company and you should be paid in 2-4 weeks.  So 5-9 weeks total, with around six being average.  I’ve seen it as fast as a few days though.

Terrible Chicago Workers’ Compensation Attorney

By Mike Helfand on Posted in Tips if Injured

A woman called me with a nightmare story.  She has a pretty good case.  So good in fact that she got offered $200,000.00 to settle.

Problem is that her case appears to be worth closer to $250,000.00 and her attorney hasn’t gotten back to her about a Medicare set aside which is a payment the insurance company has to make for your future medical needs.  It shouldn’t be negotiable.  This Chicago work comp attorney is also telling her to ignore around $10,000.00 in out of pocket expenses related to the case.  Of course she never would have had these expenses if her attorney did his job.

The woman told her lawyer that she didn’t want the settlement.  That of course is her right.  When that happens your lawyer should either make a counter offer to the insurance company or just get the case ready for trial.

In this case it appears that her lawyer just wants his fee without having to do any work. He shockingly told her that if she didn’t accept the settlement offer that he would sue her for his expenses related to the trial.  And he would do that right away.

I’ve never, ever heard of anything so low.  It really is awful.  As attorneys, we incur some expenses in pursuing your case.  This is usually subpoena fees for getting your medical records and doctor fees for depositions.  We advance those costs and get reimbursed when we win the case.  I’ve never asked a client to pay these expenses up front or during the course of the case.

This lawyer made his awful behavior worse by trying to scare the injured worker in telling her that if they went to trial they would lose.  While it’s possible that any trial could end up badly, there is no way the insurance company would offer so much money if they believed for a second that they could win the trial.  Insurance companies don’t give money away.

I will never, ever understand why an Illinois work comp attorney would not be willing to fight for their clients.  Even if they are offered the most a case could be worth, if they want to go to trial you should explain the risks and then go to trial if that’s what they really want.

But to lie so blatantly and then try to extort the client with a lawsuit threat is beyond unacceptable.

We don’t promise a result, but do promise to fight our hardest for you and do whatever we can for the best possible result.  If you’d like our help please contact us any time.

Six Common Illinois Workers’ Compensation Questions

By Mike Helfand on Posted in Tips if Injured

We get a lot of readers who are new to workers’ compensation coming to our site for info. This post is for them.  If you have questions or need help with a case, fill out our contact form to the right of this page or call the number at the top.  It’s always free and confidential.

What is Workers Compensation?
Workers comp is an insurance program that is state mandated. This insurance program provides compensation to employees who are injured on the job or because of the job they do. Workers compensation benefits are available to the employee regardless of who was at fault, unless intoxication existed at the time of injury. It is a felony for an employer not to carry work comp insurance in Illinois.

How long will it take for my claim to be settled?
This is a question only time and an attorney can answer. It depends on the severity of the injury, recovery time, on going medical needs, etc.  A case should never be settled or closed before your medical care has ended completely.

What all is covered under workers compensation?
Workers comp will pay for hospital and other medical expenses that will treat your on the job injury. It may also pay for rehabilitation and depending on the severity of the injury, it will also cover disability payments to you while you are unable to work or have work restrictions that can not be accommodated.

Are all injuries that occur on the job covered by workers comp?
Most are, yes. However there are circumstances such as self inflicted injuries, or injuries that may violate a company policy. If they employee was committing a series crime or drinking or using drugs at the time of the injury, it probably will not be covered. Mental stress cases are also usually not covered, but there are some exceptions.

What if I am unable to preform the same job as before the injury?
Sometimes doctors will release you back to work, but not at the same activity or activity level. If this happens, you may be eligible for TTD, Temporary total disability. If the injury will not allow you to do the same job, you might be eligible for vocational rehabilitation – retraining you to re-enter the work field in a new type of position.  If you have done all of this and still cannot find a job to accept the new limitations, you may have permanent disability available to you.

Is there a time limit from the time I was injured until I file a claim?
Yes, within 45 days, you must notify your employer either in person or in writing.

One reason to be happy you aren’t in Florida this winter

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

I was talking to a friend of mine who is from Illinois, but has established a really good workers’ compensation practice in Florida.  He misses Chicago, but enjoys the warmth.  Can’t blame him for that.

He was telling me about some of their cases.  In almost every case he takes on, due to Florida law, the injured worker can not get a settlement unless they are willing to resign their job.  Think about that for a minute. You are at work and a machine malfunctions causing you a serious injury that will impact you for the rest of your life.  You’ve put in 20 good years with this company and would like to keep working there.  In order to get a settlement at the end of your case you have to quit this job you love.  That is not right.

He also shared that there are a ton of employers in Florida who do not carry workers’ compensation insurance.  In Illinois that is a felony and aside from jail time, there are other major penalties that can go along with that including having your business shut down.  There is a protection for injured workers who are harmed by this as well.

In the Sunshine State, however, if a business gets caught without insurance they get a small fine, say they are sorry and go on with their lives.  In the meantime, the worker gets screwed.

It all sounds like an awful environment for workers’ rights.  These types of laws get proposed all of the time by people like Governor Rauner and if they had their way you’d lose your rights and more.  It’s not unique to Florida either.  Finding a work comp attorney in Indiana is almost impossible. In Kansas there is a cap on total payments including medical costs.  In many states you can’t choose your own doctor so you are stuck with a physician who is looking out for the insurance company (or else they lose business) instead of you.

So while I’d personally choose sun over snow if all things are equal, I’d much rather be in a State that respects and protects its workers.  Our laws are still very fair to businesses and there have been numerous reforms to lower insurance costs no matter what you read or hear.  If changes like this happened in Illinois it would be a death blow for worker’s rights.

Illinois Work Injuries On Christmas

By Mike Helfand on Posted in Benefits

If you call our office today (312-346-5578), you’ll get the phone answered by our answering service. They will immediately page us and we’ll call you right back.  If you fill out the form to the right, we’ll get it within minutes and then contact you ASAP.

The point is that we are open 24/7, 365 days a year.  Even when we are not in the office, we’ll take phone calls or respond to e-mails from clients or potential clients.  This is why we have a state wide network of experienced attorneys who focus their practice on representing injured workers.

We preach customer service and that means being available even when the actual office is closed.

Getting hurt at work is stressful enough.  Getting hurt on Christmas is even worse because you are working on Christmas and not having anyone to reach out to as a resource has to be worse.

So we are open and always open.  Same holds true next week for New Years or MLK weekend or St. Patrick’s Day, or Easter or Passover or Memorial Day or any other holiday or traditional day off.

I promise that you aren’t bugging us.  We are always happy to help.

Why Is My Case Taking So Long?

By Mike Helfand on Posted in Tips if Injured

A woman we are not representing called us to vent about her current lawyer.  That happens a lot and we’re happy to take those calls.  Sometimes it just feels good to talk to someone or get a second opinion.

She was injured more than a decade ago and wanted to know what was causing her case to take so long.  In her case it happened to be because she had a major injury with multiple surgeries and was receiving medical care for those problems as recently as a few months ago.  It would be legal malpractice for an Illinois work comp attorney to settle her case before now because she needed someone to pay for all of her medical care. And her lawyer is doing the right thing by making sure she’s fully recovered before settling or going to trial.

That’s often why some of these cases last for years.  It’s unusual for sure.  Most cases get resolved within six months to two years.  There are plenty of reasons why a case could go longer than that.  In no particular order:

  1. The insurance company who was paying out the case has gone bankrupt. This is rare, but it will put a temporary stop to most cases when this happens until the Illinois Insurance Guarantee Fund takes over.  That can be a big problem and a big delay. You won’t lose your rights, you just won’t be able to do anything about them for a while.
  2. Your attorney is lazy.  There is a safety net for this called the black line. That means that once it’s been three years since a case was filed, your attorney has to give the Arbitrator the reason it’s not over at the status hearings which occur every ninety days.  The excuse can be as simple as “my client is still treating” or as vague as “we’re working on getting it settled.”  If Arbitrators aren’t aggressive enough, these excuses can work for years even if a case is ready to be done. In those cases your best ally is an aggressive defense attorney who forces your lawyer to do their job.  One attorney in particular has been infamous for this problem for over 20 years.  He somehow still gets clients even though many of his cases drag on for years longer than they should.
  3. Your case is complex.  Most cases are not, but if you have multiple or unique injuries, it might take a while for us to take the depositions of your treating doctors and any IME doctors.  Some physicians also aren’t willing to give depositions often.  I’ve seen some where the wait list is around six months.  If that’s the case then your case will sit until they are available.
  4. Your trial is complex. Again, this does not apply to most cases so don’t accept delays without an explanation. But if you were hurt traveling out of the country and we need a witness from Australia, that can take time to arrange.  If multiple witnesses need to testify (that is very unusual) it can take time to arrange.  If you need an interpreter for a unique language, that can take time.  All of these are issues which we have seen.

Bottom line is delays in settling your case or going to trial typically shouldn’t happen, but if they do there are reasons, some valid, some not so valid.

Any questions?  Any concerns?  Call us any time for free at (312) 346-5578 or fill out the contact form to the right.

Work Comp Benefits For Catastrophic Injuries

By Mike Helfand on Posted in Injuries

I’ve had the pleasure of representing a great guy who had a terrible injuries.  Due to a fall he became paralyzed from the waist down at a really young age.  He’s a role model for how to deal with such a serious injury and I’m not sure that I could come close to living the life that he’s lead since then. From my interactions with him he hasn’t let this problem stop him from living a good life with his wife and kids.

One of the reasons he’s been able to live a good life since this happened to him is the Illinois Workers’ Compensation Act.  Because of that he’s been able to get a van that has been modified to accommodate his disability and let him drive.  When it broke, the insurance company had to fix it and eventually buy him a new one.

With his house, the insurance company had to make changes to it to accommodate his wheelchair.  There was a huge construction project that was not cheap. Speaking of the wheelchair, he got that as part of his case as well.

All of these things he’s been given are medical benefits under Illinois law.  I can’t imagine where he’d be without them although it’s probably the tax payers of Illinois who would have had to pay for all of this otherwise.

A caller the other day had a similar injury and wanted to know what it takes to get a replacement van.  The honest answer is that there is not a clear cut law other than the injured worker is entitled to something reasonable.  So just as you can’t be made to get surgery at some fly by night surgical center, you aren’t going to be stuck with a van that breaks down every couple of weeks.  You also probably won’t get the highest end model on the block.

What we can get for you and what you should expect is something that is reasonable and necessary. Fixes to your house or even a new house are reasonable.  A big screen TV is not.  A new, custom van that can transport you is reasonable.  One that has gold plated rims is not.

I certainly hope that you are never in a position where you need these types of benefits, but if you are we are happy to answer any questions and help if there are problems.  Fill out our contact form to the right or call us at (312) 346-5578 if you’d like a free, confidential consultation.

When Is A Basketball Game Like A School Dance?

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

We are experienced workers’ compensation lawyers.  Based in Chicago, we have a state wide network of like minded attorneys who care about their clients and fight for them.  If you would like our help or just have questions, fill out the form to the right or call us at (312) 346-5578.  We help everywhere in Illinois.

There is a general rule in the Illinois Workers’ Compensation Act that says you can’t get compensated if you are injured during an activity that is voluntary.  For example, if your employer has a gym that you are allowed to use and they do it to promote good health for the workers, if you tear your ACL while running on the treadmill you’d not win that case.  Nobody made you do that and it’s not part of your job duties.

On the other hand, if it’s mandatory that you go to the company picnic and you get hurt in a softball game, you’d be able to win a claim for work comp benefits.

Sometimes it’s not clear what is mandatory and what is not. That happened in a recent case where a teacher won benefits after badly breaking his arm while playing basketball with students after school.  The Arbitrator and eventually the Appellate Court ruled that it was not a voluntary activity.

In this case, the teacher testified that they were required to participate in certain activities outside of school hours with no extra pay such as chaperoning a school dance or parent-teacher conferences.  There was an after school program for good students who were rewarded by competing against the teachers.  The principal asked him to play on multiple occasions and he declined out of a fear of being injured.  The teacher got nervous because his contract was up and he kept on getting asked to play.  He was worried about not getting re-hired or a poor performance review.

The Arbitrator ruled that had the principal not pressured him to participate, he would not have done so.  During the game a student ran between his legs and he fell, fracturing his forearm.

On appeal, the Court agreed with the Arbitrator who compared the game to a school dance.  He noted that only the teachers who were playing were there to supervise the students.  The Court also noted that while basketball can be a recreational activity, the teacher here wasn’t doing this for his own recreation.

Bottom line is that a lot of cases fall in to a gray area where it’s not immediately clear cut if you have a case or not.  Talking to someone who knows the Illinois Workers’ Compensation Act and doesn’t just dabble in it is really important.  I bet there are a lot of attorneys who would have told this guy he has no case.  They all were wrong.

“How Do I Know What My Case Is Worth?”

By Mike Helfand on Posted in Benefits

I get the question, “How do I know what my case is worth?” from callers about once a week and it’s a fair and reasonable question.  Some are injured Illinois workers who have a settlement offer, but don’t trust their lawyer and want to know if the settlement their attorney is recommending is a good one.  There is one Chicago workers’ compensation law firm that does a terrible job explaining how these cases work to their clients and we end up with a lot of them calling us.

Others who contact us are recently injured and just trying to figure everything out.  It sucks to tear your rotator cuff or get carpal tunnel or any other injury, but knowing that there is a settlement for all the pain and nonsense you have to go through can ease the burden of it all a bit.

When people call or e-mail us, we are very direct, blunt and honest with our legal advice.  Most people appreciate that, some just want to be told what they want to hear.  The honest answer is that you can’t just tell a lawyer what your injury is and know what your case is worth.

The reason I say that is that there is so much more information that goes in to determining case value.  First off your average weekly wage matters.  We take 60% of that to determine what is called your permanency rate.  If you earn $1,200.00 a week and your friend earns $600.00 a week, if you have the exact same injury, your case will be worth more.

Second, the type of medical care you have matters.  A thorough attorney won’t tell you what your case is worth without seeing your medical records.  If your injury required 30 physical therapy sessions and two epidural steroid injections, it’s more significant than someone who had 10 PT appointments and one epidural. If you have surgery that usually makes the case worth even more as it’s a sign of how serious your problem is.  But ultimately what we are looking for is what your doctor says about how you are doing when he/she discharges you from their care.  Your statements about what you notice about yourself as compared to before the injury matter too.

Third we look at what type of work you are doing now versus what you could do before.  Permanent restrictions make a case worth more.  A career change due to those restrictions makes a case worth more.  A substantial wage loss makes a case worth more and may lead to us pursuing a wage differential claim for you instead of a standard settlement.

Fourth, settlements are typically based off the body part that was injured.  If you injure your finger for example, but the impact of that problem affects your hand, the settlement might go to the hand and if it does it’s worth more.  If you hurt your leg and compensating for it leads to a back injury, we want to make sure you are paid for both a leg and back injury.

Finally, the insurance company will try to convince you that an AMA rating by a doctor is what determines the value of your case.  This is simply not true.  It’s a factor that can be considered, but it’s not the be all end all.  Sadly insurance companies have used this lie to allow themselves to pay injured and uninformed injured workers way less than their case is worth.

Bonus tip, anyone who tells you what the case is worth soon after you’ve been injured is really full of it.  No way to tell until you are all better.

So if you want a guesstimate of what your case might be worth, we can usually give that to you.  But if you want to know for sure and get the highest settlement possible, we need to see your medical records and learn more about you.

IL Work Comp – Going To Trial Just Got Harder For Lazy Lawyers

By Mike Helfand on Posted in Benefits

I started off my career as a defense attorney which is really the best training for someone who wants to represent injured workers.  If you don’t know how insurance companies think or how to look at all sides of a case, you are not doing the best job you can.  Most of the people who I would consider among the top workers’ compensation lawyers in Illinois have similar experience.

I remember being a young lawyer and prepping for one of my cases for days in advance.  I was so excited to go to trial and fight for my client.  I knew the case backwards and forwards.  I had all of the medical records neatly organized.  I was young, but aggressive and ready.

Then I got to trial and reality slapped me in the face.  My opponent was disheveled.  He didn’t know basic facts about the case. He had no questions prepared for his client and just “winged it.” I felt terrible for the injured worker because it was clear that they did not have an advocate in their corner.  I can’t imagine how nervous they were on a witness stand with literally no preparation.  They hired this person to fight for them and he was useless.

When the testimony of witnesses ends in an Illinois workers’ compensation trial, the last thing to do is submit your exhibits.  This is typically copies of medical bills and records.  I remember this lawyer was stacking papers together at the last second and didn’t have copies for me (which is customary) or himself which he’d need to finish off the case.  It was the cherry on top of the terrible customer service sundae that he served his client.

And yes, I won the case.

For terrible, lazy lawyers like this, their world just got a little harder.  A new case decided at the Illinois Workers’ Compensation Commission called the Love case (that’s the name of the injured worker) has changed the rules for trial. Now you must deliver to the other attorney copies of the treating medical records that you want submitted in to evidence more than 48 hours prior to the trial taking place.

So if your lawyer tells you that your case is going to trial, ask if they have your medical records.  If the answer is no, then you aren’t going to trial because they aren’t ready.  If they haven’t sent them to the other attorney and you are supposed to go to trial tomorrow, you aren’t going to trial.

It’s a good ruling because there shouldn’t be surprises or disorganized attorneys.  I’m in favor of anything that makes a lawyer get their shit together.

The only bad part of this is that there are going to be more lazy attorneys who won’t get their cases ready for trial.  Remember, if they won’t do their job, you can get rid of them at no cost to you.

If you have questions about a trial or anything else related to your case, fill out our contact form to the right or call us at (312) 346-5578.  We help everywhere in Illinois.  All calls are free and confidential.

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