Will They Mess With Me If I Get A Lawyer?

By Mike Helfand on Posted in Tips if Injured

One of the tough things Illinois workers’ compensation lawyers – and probably people in most industries – have to deal with are perceptions that people have that don’t match reality. People read the internet or talk to people who have had work injuries previously and get ideas in their head that just aren’t true. Or worse their employer lies to them and makes them think something is true that isn’t.

This thought came to me recently when I talked to someone who works with a large Illinois employer that has a lot of work injury cases. They have a ruthless insurance company who handles all of their cases and doesn’t always follow the rules. This worker has a major injury and told me that, “So far they’ve done everything right. I’ve thought about getting a lawyer, but I’m worried they will mess with me if I do.”

Now is it possible that an insurance company or employer will retaliate if you get a lawyer. I guess it’s possible. But what we do as lawyers is deal with predictors of success and what things are most likely. And the 100% truth is that a good lawyer is more likely to protect you and prevent problems than they are to make your situation worse. And this particular call was a great example of that.

While the caller thought everything was going well, it turns out that the insurance company has had a nurse case manager go to the medical appointments. That nurse has been talking to the doctor and trying to influence the treatment that is given. That is against Illinois workers’ compensation law. Beyond that, the insurance company made the worker think that they couldn’t choose their own doctor.

So the reality is that this worker is already “being messed with” and this is just what I know from a quick phone call. There are so many other ways that they can screw around with you. Some examples we’ve seen over the last 28 years include:

  • Not paying weekly TTD benefits at the right rate.
  • Sending you to an IME to try to have you cut off.
  • Conducting surveillance on you.
  • Taking a recorded statement where twist your words around.
  • Not calling back.
  • Delaying payment of benefits for no reason.
  • Telling you they are “investigating” when nothing is really happening.
  • Having private investigators reach out to you on social media disguised as someone else.

The bottom line is that you have to be careful and can’t for a minute think that they are in any way looking out for you. These big, billion dollar insurance companies care about making money and nothing else.

So while we can’t promise you a result without knowing the facts of your case, we can promise you that in almost every situation you will do better with a lawyer than without. And that’s true whether you find one through us or a good one through another resource.

I Just Cost Myself Millions Of Dollars

By Mike Helfand on Posted in Tips if Injured

Every Illinois work injury lawyer wants good cases. What’s a good case? That means a few things to me. First off, the client is a good person and easy to work with. Second is the case isn’t a mess. That means the client isn’t coming to us after a ton of mistakes have been made by them or another lawyer. We’ll look at those cases, but won’t get involved if they are too messy. And finally, any honest work comp attorney in Illinois will tell you that they are interested in cases involving big injuries.

The biggest of injuries usually involve surgeries done by orthopedic doctors. That doesn’t make the case worth millions, but it means that if an attorney has to spend a lot of time and effort on a case, the 20% fee they receive in the end will justify all of that. The best of those cases usually involve back injuries as they can be so debilitating. The more significant injury, the more a case is worth.

So while I and everyone I know wants those cases, it might surprise you that I just turned down an opportunity to be the “exclusive” referring lawyer for an orthopedic doctor in Chicago. He asked if I would be willing to take calls from him on behalf of patients injured on the job and if he could connect me with them for representation. Sounds too good to be true, right?

The catch was he wanted me to send him injured workers who need an orthopedic doctor. A lot of people come to us soon after they’ve been injured and often have only been to the ER or their primary care doctor. It’s not uncommon or me to recommend that they see an orthopedic doctor. But unless they don’t know any or are having trouble finding one, I never suggest who to go to. And even when I do, I give them names of a couple of reputable places. Those doctors never know I suggest them.

Why do I do it this way? First off, if a lawyer is telling you that you have to treat with a certain doctor because that doctor gives them business, that’s unethical and scummy to me. They aren’t making the recommendation for your health, but for their pocket. This is how orthopedic doctors who mostly treat knee injuries end up caring for someone with a torn rotator cuff. It’s good for the doctor, bad for everyone else.

Second, if you are ever on a witness stand and the defense attorney asks you how you chose your doctor, if you say your lawyer sent you there, it hurts the credibility of the case. The same is true if the doctor gives a deposition and has to answer how well they know your lawyer and how much business they give each other. That could tank your case when otherwise you’d win.

I’ve never agreed to these deals and never will. It’s cost me a lot of money and given that this recent doctor is a spine surgeon, it probably cost me millions in the long run. I don’t care as I don’t worship money and I like to be able to sleep at night knowing I’ve never intentionally harmed someone for my own benefit.

My $.02 is that if an attorney is insisting you see a doctor (one caller told me her lawyer said he’d drop her if she didn’t see the doctor he wanted her to) it’s a huge red flag and the type of firm and doctor you should avoid.

Is Getting An Illinois Work Comp Attorney Too Aggressive?

By Mike Helfand on Posted in Tips if Injured

I recently talked to a worker at a large delivery company with a terrible back injury. He hurt himself lifting boxes on the job and eventually got a MRI that showed he has a herniated disc. He has pain shooting down his legs, trouble sleeping and generally speaking feels miserable. I would be very surprised if his orthopedic doctor didn’t recommend surgery as he’s been in physical therapy for two months and had steroid injections. None of that has helped.

The reason he called is that he was getting very frustrated with the insurance company for his employer. They were delaying approval of medical care. He discovered his ER bill hasn’t been paid. His TTD checks are constantly late. One TTD check is just missing and they won’t replace it. He’s being sent for an IME and the adjuster keeps saying things like, “you really need to get back to work” even though no doctor has said that.

If any case was in need of an Illinois work comp attorney it’s this one. The caller was reluctant so I asked him what he was worried about. Usually people tell me they are worried about the cost and are relieved to learn that it costs nothing to hire a work comp lawyer and we only get paid if we get you a settlement eventually. That wasn’t his concern.

He told me, “I’ve thought about getting a lawyer, but I was worried that it would seem too aggressive.”

I had to pause for a second to gather my thoughts as I couldn’t believe it at first. Here’s a guy who busts his ass at work in a heavy duty job, has a very serious injury and is being treated like garbage by the insurance company. They are violating the Illinois Workers’ Compensation Act and really taking advantage of him.

There is no downside in getting a lawyer on just about any Illinois work comp case. And there definitely isn’t one when you are getting pushed around. Nobody who matters thinks it’s “too aggressive.”

No part of your decision making process should be based on what the insurance company, your employer (especially at a big union company like this one), your friends, co-workers or anyone else thinks. It’s a similar mindset to people who think that if they hire a criminal defense attorney when charged with a crime that it will look bad because they are innocent. Getting a lawyer is what smart people do.

The same day this happened, an insurance adjuster called me. She wasn’t calling about a case, she was calling because her brother had been hurt at work and she wanted my help in looking out for him. This is a call I get at least once a month. Insurance people know that getting a lawyer is what you should do.

What I told this caller is that he has a very serious injury and should be worried about his health which they are threatening with their actions. Any fears or perceptions should be out the window. And that is the same advice I’d give any injured worker. It’s not a sale or me looking out for myself. It’s just the plain truth.

If you have any questions about an Illinois workers compensation case, please call us for free any time at 312-346-5578.

February 6th Caused A Lot Of Slip And Fall Injuries

By Mike Helfand on Posted in Injuries

It’s been another lovely winter in Illinois. It was brutally cold earlier in the week and while it’s slightly warmer, there is still bad weather and probably some bad weather to come.

The worst day so far this winter was February 6th. There was a terrible ice storm that day. As a result I’ve been contacted by at least 10 people since then who fell and sustained injuries. And it happened not just in Chicago, but in the suburbs and collar counties as well. I can’t remember a day so bad for injuries to workers that were all similar.

Fortunately most people who called me had a case, but not all of them. A couple of the workers have jobs that require them to be outside. That’s essentially their office. So their slip and falls were similar to someone who works inside and fell on a wet floor. They all clearly have cases.

One person fell inside due to someone dragging water in on their boots. The ice was outside, but for them, the danger was inside. That’s also a case because it happened in an area where they have to walk and was inside their place of business. It sucks they were hurt, but if they were just a customer at the store they wouldn’t have had a case. So fortunately they will get paid for their time off, get all of their bills paid and get a settlement.

Another guy who reached out to me got hurt while taking a box out to the dumpster. That is clearly a case as is the one who was hurt going to their car to grab their phone charger.

Two of the callers fell in the parking lot where they work. One had a case and one doesn’t. The good one was a worker whose company required him to park in a certain spot. That area is only open to workers and the company owns the property. Any of those things alone would make it a work comp case and he had all three.

The bad one worked for a big department store in a well known mall. The mall isn’t owned by her employer and she can park wherever she wants. She parked in an area open to the public and fell when exiting her vehicle. This was before the work day started. While theoretically she could sue the property owner or landlord, especially if they were required to salt and shovel, in this case there’s no liability for work comp unfortunately.

The injuries ran the gambit. Wrist sprain, fractured wrist, torn ACL, back injuries, shoulder sprain, likely torn rotator cuff and a groin injury from doing the splits. While we know it’s not going to be summer weather soon, hopefully we don’t have another nightmare storm like this. In 28 years of being an attorney I don’t recall one specific weather event injuring so many people.

Having Diabetes And Illinois Work Comp

By Mike Helfand on Posted in Injuries

There is an old Illinois workers’ compensation saying that is just as true today. It goes, “An employer takes you as they find you.”

In plain English that means that your employer or insurance company can’t argue that something wouldn’t have happened to you if you didn’t already have a problem. If you can’t have surgery after a work injury because of a heart problem, they don’t get off the hook. If your old back problem gets worse from lifting on the job, that’s just the way it is. You get work comp benefits.

The same holds true for workers who have diabetes. Diabetics often take longer to heal and can have problems become much worse due to their non work related condition. That’s not a get out of jail free card for employers to avoid work comp responsibility in Illinois. They “take you as they find you” and if this means your work injury costs more than they think it should too bad.

A good example of this is a local route truck driver who called us after cutting his foot with glass. This was no ordinary glass as it pierced the bottom of his shoe and caused a bad gash. Being diabetic made it harder to heal and it got badly infected resulting in a surgery. There’s a possibility his foot might have to get amputated, but that is to be determined.

The insurance company denied his case and stated that he was really hurt and needed surgery because he has a diabetic ulcer on his foot. They are saying if it wasn’t for the diabetes, none of this would have happened.

This is a bullshit argument and one that likely can be easily overcome. To me it was just a Hail Mary attempt by the insurance company in hopes that the truck driver wouldn’t know any better and go away.

The reality is that none of this would have happened had he not injured himself while working for his employer. When that happens, the employer is on the hook for all reasonable and related medical care. Him being diabetic isn’t why he got injured. The fact that it made the recovery worse is not something he gets punished for.

Over 38 million people in the US are diabetic. They don’t get punished because of their condition when they get hurt on the job.

As a result we’ve seen cases where an injured Illinois worker had a case that would be worth a few thousand without diabetes become worth in the high six figures because the downward spiral causes them to either not be able to work or suffer a significant wage loss.

The only time diabetes really hurts injured workers case if it can be proven to be the actual cause of an injury. The most common example is carpal tunnel. Diabetics are 15 times more likely to have carpal tunnel than the general public. So that often creates a good defense to a claim.

If you have any questions about any of this or want a free consult, please reach out any time.

A Huge Work Comp Settlement Mistake We Are Seeing

By Mike Helfand on Posted in Benefits

The number one Illinois work comp question we get is some form of, “How much is my case worth?” Our goal, like yours, is to make sure that you get the biggest possible settlement.

Now nobody can honestly tell you what that amount is soon after you get hurt or even before we have an idea what your ultimate recovery is going to be. In other words, if you hurt your back today at work and are in terrible pain, any lawyer who tells you how much they can get you is lying.

We also encourage people to not worry about the settlement until it’s time and make sure that they focus on their health and making sure they aren’t being taken advantage of by the insurance company. For example, they might try to talk to your doctor to influence your medical care. That’s not allowed. They also might pay you less than they should for your time off of work. That of course shouldn’t happen either, but fortunately is fixable if we catch them.

Those are mistakes that some injured workers have happen to them during the case which would be prevented by having an attorney in their corner who knows what they are doing and is a fighter. But we’ve also seen a huge mistake when it comes to settlements and this one could cost you tens or hundreds of thousands of dollars.

When you settle a workers’ compensation case in Illinois, you are supposed to, by law, take into consideration possible interests that Medicare might have. This applies to you even if you are not on Medicare as we all will be Medicare eligible some day. Essentially, if you are likely going to need future medical treatment due to your work related injury, the insurance company should fund an account that is separate from your settlement. This is called a Medicare Set Aside or MSA.

There’s a lot to it, but basically there are companies who will look at the care you’ve received and anticipate what you might need in the future. If you have a spinal fusion or total knee replacement, it’s really likely that there will need to be revisions to that in the future. Or you may not have had a surgery yet, but it’s clear that some day you will need one. A MSA figures out what that will cost. That money is supposed to go into an account. So if some day when you are older and need those procedures paid for, Medicare won’t do it until you can prove you took their interests into account and paid for treatment out of the MSA.

This is where the mistake comes in. There are actually two of them. First off, some people are settling work comp claims without a MSA. This exposes you to potential huge problems in the future. If you need a $50,000 surgery in ten years and didn’t do a MSA, if you ask Medicare to pay for it they will say no. Basically they’d make you pay $50,000 out of pocket before they pay for anything related to your injury. So in your rush to get a quick settlement now, you’ll massively screw up your life later.

The second part of the mistake that happens is when you don’t take control of the funds that are provided. The MSA is your money. It should go to you in an account that you control and manage. But some of these insurance companies try to make you believe that they should hold the funds and that you can access them when you medically need to. This is not how the law works.

The money should be in your bank account. It should be up to you to decide if you want to keep it separate for when you need it, invest it or have a huge party with the money and worry about the consequences later. While I don’t recommend the huge party, it’s an option. And if you have the money and you pass away, your family doesn’t have to give this money back. It’s your money!

One woman I talked to cost herself over $80,000 by not having a MSA done. It’s a huge, huge mistake.

If you would like to speak to an attorney for free, call us any time at 312-346-5578.

A Dangerous Illinois Workers Comp Trend

By Mike Helfand on Posted in Tips if Injured

Illinois workers’ compensation law is constantly changing. That’s because new cases come out all the time that change how the law is interpreted and applied. And while I wouldn’t say being an Illinois work comp attorney is like being a brain surgeon, it really does take years to learn how to properly handle these cases and know at least 95% of what you need to know. I would never recommend someone with less than five years of experience and usually look for attorneys that have 10-30 years of a track record.

There is no substitute for experience. You can’t just come out of law school and know how to handle a case or conduct a trial. You certainly can’t do it as well as you should be able to do on your 100th time. Most lawyers in Illinois learn by handling cases over the years and being taught by more experienced attorneys. And this leads me to the dangerous trend which you need to be aware of.

A lot of Illinois work comp law firms are working remotely. That in of itself isn’t a big deal, except for the ones that are completely giving up their offices in my opinion. But some of these remote only firms are hiring young attorneys and having them work completely remote as well.

In fact I saw an ad from a Chicago area law firm who was trying to hire a new work comp lawyer for their firm. The position was offered as 100% remote.

The danger in those situations is how does that young lawyer actually learn how to handle a case. When I was a young lawyer I had two mentors whose offices I was in every day. I shadowed them. I got to sit down and have my work reviewed. I could always pop in and ask questions and they would come in and check my work. If I was talking to a client, they would listen in and offer feedback and if needed offer their opinion if I said something wrong. They had resources in their office I could review whenever needed. I could look at their files and use what I saw to make myself a better lawyer. I could look at their old files for research on similar issues.

Now can some of these things happen when everyone is working remotely? Sure. In reality though, when people are working remotely it doesn’t happen to the same efficiency. Are you willing to call your boss ten times in a day with questions. Are you going to overhear them talking to someone else about a case and have them pull you into the conversation because they realize it would help you too? Can you pop in whenever you want or shadow their work?

There’s no way young lawyers who work remotely are getting the training that in office attorneys are unless that firm has an incredible game plan for educating the young attorney. What I think happens in reality is that these young lawyers are learning how to handle a case on the backs of their clients. That means the client is suffering while the attorney learns the ropes.

That doesn’t doom every case, but it certainly increases the chance that your case won’t go well. And you only get one shot at a case so they can say “oops” but it doesn’t help you out.

So my strong advice is to not have your primary attorney on a case be a young lawyer even if an older attorney says they will be supervising. Why should your case be the one that they train on? And if they work only remotely, to me that is a red flag and one you should likely avoid.

How Long Until Illinois Work Comp Benefits Are Approved

By Mike Helfand on Posted in Benefits

A recent caller had a scenario that we hear a lot. He is alleging that he has carpal tunnel and possibly cubital tunnel (elbow) injuries from typing all day for over five years at his current job. His doctor thinks that’s what it is and has ordered a nerve conduction study called an EMG. That test is the gold standard for diagnosing carpal tunnel. Here’s where the problem comes in.

He wants the EMG, but the provider the insurance company wants him to go to for that can’t see him for over three months. So in their world, the case is not approved because the EMG hasn’t taken place yet. And when it does, they then want him to see a doctor of their own choosing for an IME.

So he asked my opinion as to how long it should take until benefits are approved.

The answer is that they should be approved until there is evidence that they shouldn’t be. If his doctor says he has these injuries and they are work related, that should be enough. They have a right to an IME, but they don’t have right to delay this case until they get one.

And even with the EMG, there is no way that test should take over three months to happen. He should see a provider of his own choosing to make it happen. That can usually happen in a week or two.

The problem is that he hasn’t formally filed his case by hiring an attorney and filing an Application For Adjustment of Claim with the Illinois Workers’ Compensation Commission. Because that hasn’t happened yet, he lacks the ability to push back on their unreasonable delay.

The good news is that most work comp lawyers would know a reputable EMG facility he could go to and quick. Beyond that, if the IME was in a week or two that would be one thing, but expecting him to wait many months is unreasonable. And that is generally the standard for what they can or can not get away with. Are their actions reasonable? Here they clearly are not.

My advice to any injured Illinois worker is that you don’t let the insurance company dictate how long things should take or who your doctor should be. You have to look out for your own best interests. I guarantee you that the insurance company is not thinking about what is best for you.

The good news is that it costs nothing to hire a lawyer and file a case. And usually in these nonsense situations, a phone call and/or a trial motion can solve most problems.

In general though, once the insurance company is given medical evidence as well as can confirm how the accident took place, anything longer than two weeks to approve benefits to me is an unreasonable delay. The only exception is when they have a legitimate reason to dispute your claim such as conflicting witnesses, medical records that say you weren’t hurt at work, etc.

If you’d like help with a case or just have questions, please call us any time at 312-346-5578. We cover all of Illinois

Beware Work Comp Lawyers Not In Illinois

By Mike Helfand on Posted in Tips if Injured

Workers’ compensation law is odd. It’s not like any other area of law because it has so many unique features compared to other practice categories. These aren’t lawsuits. We use Arbitrators not Judges. The burden of proof is unique. The law is constantly changing.

Not only that, unlike divorce, traffic or car accidents, the law in one state is likely much different than in other states. In other words, just because you know work comp law in Florida or Pennsylvania, that has almost no relevance to handling a case in Illinois.

For years we’ve received calls from Illinois attorneys who dabble in work comp and had questions on how to handle a case. They are allowed to handle Illinois work comp cases because they are licensed here. It’s not a good idea to hire an attorney who only dabbles in work comp because if something goes wrong on your case and it needs to go to trial, a less experienced attorney means you are more likely to get a bad result.

Recently though we’ve been getting calls from out of state attorneys looking for advice on how to handle a work comp case in Illinois. That is shocking to me. I’d never try to handle a case in another state. There’s one great reason for this. It’s not in the best interests of the client. That should be the guiding principle in what every lawyer does.

While I will give advice to Illinois attorneys who reach out, I have made it very clear to these out of state attorneys that what they are doing is gross and I will not help them. If they want to help the client, they should simply refer the case to an Illinois lawyer. Even a meh firm would be a better choice.

The first attorney that contacted me was from a big Florida firm that also handles many other areas of law there too. He told me that they are starting to make inroads in Illinois and was hoping that “attorney to attorney” I could look out for them and give them some answers to questions they had about the Illinois IME process. Hard pass.

Their questions were so basic to anyone that has been handling Illinois work comp law for a while that I can’t imagine what they’d do if a challenging situation came up. Or what they don’t know that is harming their clients. In fact, I know many injured workers who know more about Illinois law than this attorney does.

Many of the billboards you will see in the Chicago area and sprinkled throughout the State are actually out of state law firms who are just marketing themselves here. Those are mostly for PI cases, but as the calls I’ve received have shown, they aren’t limiting themselves to just car accidents any more. I don’t care if you hire a lawyer through us or some other resource that you find to be a better fit. But I promise you, getting an out of state attorney on an Illinois work comp case is a terrible idea.

Don’t Apply For Short Term Disability If Hurt At Work

By Mike Helfand on Posted in Benefits

If you’ve read this blog for a while, you know that we discuss how a lot of odd circumstances seem to happen in bunches. Sometimes it’s just coincidence. Other times it’s insurance companies or employers trying new strategies in order to screw legitimately injured workers in Illinois out of their rights.

An example of this recently is we’ve seen a huge uptick in people who are hurt on the job and get told to apply for short term disability in order to compensate them for their time off work. They usually end up calling us for one of two reasons. One is that STD benefits are not enough to live on. The second is that those benefits are denied.

We can usually help, but applying for short term disability can make your case more difficult. And that’s why we tell anyone we talk to, don’t apply for short term disability benefits (or long term) if you are hurt on the job. There’s one crystal clear reason for that.

When you apply for these benefits, you have to fill out a form. Every one of these forms has a box to check as to whether or not your reason for being off work is due to a work related injury. If you check yes, you won’t get approved. If you lie and check no, you are now creating a defense that can be used against you in your work comp case.

We’ve seen multiple cross examinations at trial where defense attorneys bring out these forms. It’s their Matlock moment where they can try to spring a gotcha moment on an unsuspecting worker. For most cases the answer is that when you filled out the form you didn’t know your injuries were work related. That makes sense if you have a repetitive trauma problem like carpal tunnel. It’s harder to refute that if you were hit by a forklift or had a wall collapse on you.The most common retort in those cases, when true, is that “my boss made me.” That happens a lot.

The silver lining is that for most people we can get them their work comp benefits. Those benefits pay more than most disability policies and of course pay for your medical care and eventually result in you getting a settlement of some sort. Illinois work comp benefits also don’t expire or have a cap like some disability policies do.

I ask people why they filed for STD and I’d say for 35% of the people lately, they just didn’t know any better. The rest are because the employer or even in some cases the work comp insurance encouraged them to do so. Usually when that happens it’s not a well meaning mistake, but someone who is actively trying to hurt you.

So don’t apply for STD if you’ve been hurt on the job. And if you did, get with an experienced work comp lawyer right away to try and straighten things out. You can call us any time at 312-346-5578 to speak with a lawyer for free.

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