Chicago Transit Authority (CTA) Workers Compensation

By Mike Helfand on Posted in Tips if Injured

If you live in or near Chicago, you have probably used the Chicago Transit Authority (CTA) to get around. Their trains and buses take hundreds of thousands of people all over not just the City, but 35 suburbs as well.

We have helped hundreds of injured CTA workers over the last 27 years and as you can imagine, they have a wide variety of injuries. If you’ve ever been on the CTA, you’ve surely seen unruly or wasted passengers who can at times be violent. You’ve seen equipment malfunction. You’ve seen slip and falls. You may have even seen a crash.

There are over 9,000 CTA workers and many of those are behind the scenes. We’ve represented a lot of mechanics, janitors, construction workers, heavy equipment operators and even office workers. That’s of course on top of the bus drivers and train operators that we have helped.

CTA workers literally have had every injury imaginable over the years. Back injuries from lifting. Carpal tunnel from typing. Shoulder injuries from overhead work. Transit workers also have had a lot of PTSD claims over the years from some of the shocking things that they see on their often high risk jobs such as shootings and stabbings.

The challenge for CTA workers is that their employer, through the insurance company who administers their claims, often gives workers a hard time. They will try to force you to see a doctor of their choice instead of the one you want. They will simply not pay benefits even when they don’t have a good reason to do so. They will document you as sick instead of injured when you miss time. It’s all a bunch of nonsense.

The good news is that the law is on your side and Illinois Workers’ Compensation Commission Arbitrators aren’t stupid. They know what types of common injuries CTA workers have and that most of them are legitimate.

The insurance company in these cases has a reputation for denying benefits due to “pre-existing conditions” even when those involve injuries that you’ve long recovered from. This is not what the law says and their denials are usually bogus. We see this a lot especially with back injuries.

Another unique situation for CTA workers is that often their injuries are a result of negligence or intentional acts by a third party. The most common example is a bus getting rear ended or side swiped, but it can include attacks by passengers, falls on non-CTA property and other issues.

These aren’t tough cases for lawyers as long as they know how the CTA and their insurance company operate. You have to be aggressive in filing trial motions and pushing back on their nonsense. The lawyers we work with on these cases know how to win them and get the best recovery possible for your case.

If you’d like a FREE consultation with an attorney, call us any time at 312-346-5578. We promise to treat you like a family member or friend and do whatever we can to make sure your case is successful.

IL Work Comp – The Going And Coming Rule

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

Illinois workers’ compensation benefits are available to every injured worker from the moment they start on a job. Pretty much every employee is treated the same way on these cases. There are some exceptions such as firefighters and cops in Chicago having their own system. Another one has to do with traveling employees.

Traveling employees have the same work comp rights as other workers do. They also have some additional rules/rights that make winning a case for them easier. And in some situations what wouldn’t be a case for one worker becomes one for another because they are a traveling employee.

Under the “going and coming rule” you don’t get work comp benefits if you are injured on your way to work or going home from work. That applies to normal workers who are driving to a factory, office setting, school, etc. BUT THERE ARE SOME BIG EXCEPTIONS. Let’s list some of them.

  • If you travel between various job sites for your job. Think of a traveling nurse, home health aid, salesperson, anyone who doesn’t have the same job location every day. A car accident while going to work or coming from work would be covered under the Illinois Workers’ Compensation Act.
  • People on a business trip. Almost any injury that happens while traveling for work is considered work comp. If you are injured driving to O’Hare to catch a flight or while eating at a restaurant in the city you are working in, it’s likely a case.
  • Running errands. If on your way to or from work, you make a work related stop and have an accident, your employer is benefiting from your travel and would owe work comp if you are hurt.
  • Driving a company car with a company logo on it. It has been ruled in some cases that your employer benefits from you advertising their product when you drive which means you are working when you drive the car.
  • Going to or from a business luncheon. If you get hurt running out to grab lunch for yourself, that’s not a work comp case usually. But if you are hurt on your way to meet clients or on the way back, that’s a case. Same holds true if you were sent out to pick up food for the office.
  • Accidents on company owned property. This is really for everyone, not just traveling employees. If you are walking to your car and slip on ice on company owned property, that would most likely be a case too.

In all of these scenarios, the key point is that your employer benefits from your actions. That’s a big component of why you’d likely have a case. And of course this is on top of possibly having a personal injury case against whoever was at fault for the accident happening in the first place.

Our goal is to get work comp benefits for people who deserve them. Beware insurance companies telling you that you don’t have a case, when in reality you do. Feel free to call us any time for a no cost consultation about your rights.

Illinois Work Comp – Should I Expect A Settlement?

By Mike Helfand on Posted in Benefits

I’ve been an Illinois workers’ compensation attorney since 1997. In that time I’ve talked to tens of thousands of injured workers. One of my biggest challenges as a lawyer and a person is remembering that things that I think are obvious may not be so to others.

I’ve worked hard at this, but I get so many great questions that remind me that I’m better off offending someone by telling them something they know than assuming they don’t need to hear it.

A great example of this happened on a recent call. Here’s what a caller said to me:

I’ve had a workers comp case for the past 5 months. I’ve had all medical bills covered and have been paid lost wages every week. I don’t think I should expect a settlement now that the case is over but I wanted to make sure. I have no permanent disability.

This is a person who tore a muscle in her leg and had surgery. I’m not sure where she got the statement that she has no permanent disability, but that’s a myth and was probably said to her by a company doctor or the insurance adjuster.

Illinois work comp settlements are called permanent partial disability. Illinois work comp law doesn’t require you to be suffering massively to get a settlement. Pretty much every injured worker who has more than nominal treatment is entitled to something.

Now that doesn’t mean you should expect a settlement. In most cases the insurance company does as they’ve done here and offers nothing. They hope you will wait long enough and blow the statute of limitations for filing a case. In the cases where they do offer something, it’s almost always well below what a case is worth. You’d get more even if you take into account the 20% lawyer fee.

So how do you get a settlement? It’s pretty simple. We file what is called an application for adjustment of claim with the Illinois Workers’ Compensation Commission. That protects you from any statute of limitations violation and gets your case assigned to an Arbitrator. The insurance company becomes motivated to settle your case because if they don’t they’ll have to spend money to fight it and eventually the Arbitrator will force them to pay you what you are entitled to.

So yes, you should expect a settlement, but not if you sit back and don’t assert your rights. I’m glad this caller reached out to me with her question. She is likely entitled to something in the mid five figures which be close to almost a year of regular compensation for her. It’s a big deal.

Remember, insurance companies don’t give money away and neither do multi billion dollar corporations. And when they do, they try to limit it to as little as possible. That’s why it’s important to get a qualified attorney whether it’s through us or some other resource. If you’d like a free consult for help anywhere in Illinois, call us at 312-346-5578. It’s confidential, no commitment and we’ll treat you like a family member or friend.

Why You Shouldn’t Worry If You Will Fail A Drug Test If Hurt At Work In Illinois

By Mike Helfand on Posted in Tips if Injured

Marijuana is legal in Illinois, but that doesn’t mean your employer can’t drug test you and fire you for testing positive for marijuana or other drugs. Since it was made legal in Illinois, the number of recreational users has of course gone up. One side effect from that is about once a month someone calls me worried they will get fired if they report a work injury.

Basically they are legitimately hurt at work, but know or think that their employer will drug test them if they report a work accident. That can happen and is usually driven by the insurance carrier for the employer. Whether or not you get fired if you fail is up to your employer.

So why shouldn’t this worry you? It should a little, but not as much as what will happen to you if you don’t report the injury or get timely medical care. If that happens, you could lose your right to ever bring an Illinois workers’ compensation case. That’s not a big deal if you have a minor strain, but when you have something that is going to be longer term, there’s a scenario worse than losing your job.

The bigger risk is that you can’t work due to the injury, but can’t pursue Illinois work comp benefits because you waited too long. When that happens, you have no money coming in, no way to pay your medical bills, are at risk of not being able to get the medical care you need and of course can’t get a settlement in the end.

In other words, you will lose out on compensation, payment of bills, and also have no job. So it’s a much worse situation. I’ve sadly seen this happen to over 100 workers in the last five years. They call me when it’s too late and they have regret that they never did anything. It sucks, but I can’t help someone when they are past the statute of limitations.

The most recent caller to my office about this issue had a repetitive trauma claim so it’s doubtful his employer would have drug tested him anyways. He didn’t tell them about going to his doctor for shoulder pain for more than three months after his first visit to his doctor where he clearly stated “I think I have a work related injury.” Now he’s got a torn up shoulder that needs surgery, no job and since he lost his health insurance, no way to get more medical care.

Bottom line is you have to think long term in these situations. There’s always a risk you could lose your job, but if it’s a serious injury, you will lose your job and so much more and it could affect you the rest of your life. At the very least you should talk to someone about it. We are always happy to provide a free and confidential consultation.

Catastrophic Illinois Work Comp Injuries

By Mike Helfand on Posted in Injuries

I recently talked to a woman with amazing emotional strength. I wish it was under better circumstances as she called after her husband had been crushed by a machine at work and has already been through a back fusion. Even worse is she just lost her parents.

We had a nice conversation and discussed a whole set of things. This type of consultation, when you are dealing with a lifelong, catastrophic injury is different than if a caller has something like carpal tunnel or even a torn rotator cuff. Those are serious injuries too, but ones that most workers recover from. When you are in need of a lumbar fusion within weeks of an accident or have something like a traumatic brain injury (TBI) it’s a different situation. You will have those injuries forever.

Because the conversations are different due to the life long nature of the injuries, you’d think we’d tell these callers to think long term. It’s actually the opposite. We usually advise people to think short term. Your life has just dramatically changed. In this case the caller has possible cauda equina on top of the spine injury. That is a nerve injury that can cause such serious problems as loss of bowel control, incontinence and potentially even paralysis. Worrying about life 20 years from now isn’t necessary or helpful.

Instead I encourage people to think about getting through the day, week and month and doing what they can to get the best outcome possible. That means focusing on your health which sounds like a generic statement, but it’s really important. In this case, the company was trying to make him treat with the company doctor only. That isn’t what Illinois workers comp law says and isn’t in his best interests. He needs (and got) a high level Chicago surgeon to take over his medical care.

So for now, the pain and problems are likely (and hopefully) as bad as they will ever be. It won’t be a straight line to healing. Some days will be worse than others. So focus on having as many good days in a week as you can. Focus on how you feel over a 30 day period. Focus on how you feel today. But worrying about the long term future isn’t helpful for most people.

This is true even if you have financial concerns. If you were injured on the job, you will get compensation. In the short term you will get weekly benefits. In the long term, with a major injury, you are likely going to get a six figure settlement or a continuation of weekly payments. It’s not a financial windfall, but you will have tax free money coming in.

The best thing you can is make sure that you are with a great doctor. That’s not someone your lawyer insists you see because it’s their buddy. It’s someone with a big track record of treating the type of injuries you have. Someone affiliated with a big hospital. In Chicago that usually means Northwestern, Rush, University of Chicago or Advocate. Downstate that often means Barnes in Saint Louis. In central Illinois that’s Springfield Memorial, Carle or OSF although sometimes getting your care in Chicago makes sense. Your attorney shouldn’t tell you who you have to see, but should offer an opinion if asked.

As the partner/parent/spouse/child of a worker with a major injury, the best thing you can do is help them sort out other details of their life so they can focus on their health. Be a positive support person. Do whatever you can to point out when things have improved slightly. Pick up whatever slack you can.

Legally, the concern with one of these cases when you file an Illinois workers’ compensation claim is that at some point a hack IME doctor is going to say you are fine or your problems aren’t from a work accident. That sounds insane to say, but it happens all of the time. So you need a lawyer who can show a track record of handling these bigger cases with success.

We have a state wide network of great Illinois work comp lawyers who have handled many of these cases and gotten some of the biggest and best results ever for injured workers. If you’d like a free, no commitment consult, please call us any time at 312-346-5578.

Is The Stabbing At Soldier Field A Work Comp Case?

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

It appears that the Chicago Bears have finally found a quarterback and the team may actually be good. Check back in a month on that prediction of course.

After the convincing 36-10 win over the Carolina Panthers on Sunday, most people were in a celebratory mood. We’ve waited a while to have a good team. That good mood apparently didn’t extend to two workers at the stadium.

According to an article in the Chicago Tribune, two food and beverage workers with ASM Global got into an altercation of some sort. The two of them worked in some capacity in food and beverage service. During the altercation, one of them stabbed the other with a knife, cutting them in the shoulder and face.

My wife saw the article and joked, “There’s a work comp case.” It might be, but there’s no way to tell from the article, although there are some clues.

The game ended around 3:30 p.m. and the fight took place at approximately 6:10 p.m. If you’ve been to a Bears game, you know that food and beverage service stops before the game ends, so it’s likely that work had already been completed. It wouldn’t surprise me if these two were off the clock when this happened.

What the article doesn’t tell us is what they were arguing about. Even if they were on the clock, it would only be a work comp case in Illinois if they were arguing about something work related. For example, if one of them was smoking a joint and not doing his job and the other one got mad about that and stabbed him, that could be a case. If the stabber did it because they were arguing over who messed something up, that would be a case.

But if the argument was over a girl or a bet on the game or the election or anything else that’s not a part of the job, it would not be a work comp case. Instead the only legal action the victim could take would be to sue the attacker. Similarly, if the victim was the aggressor in this case, even if they were arguing about work, it would not be a workers comp claim. In other words, if the victim got in the other guy’s face and acted like he was going to punch him for not doing his job, if he got stabbed as a result, it would still likely be a criminal case, but not work comp.

The whole situation sounds ridiculous and it’s very likely that one of them is going to jail for a bit for a very dumb reason. I hope it’s work comp because if it’s not, it’s doubtful that a lawsuit against the attacker would amount to anything. There’s a small chance that this worker has anything you’d be able to get in a lawsuit.

On the other hand, if it is work comp, the victim would at least have all of his medical bills paid, compensation for all of his time off work and would be eligible for a settlement some day. It doesn’t make getting attacked and slashed worth it, but hopefully it eases some of the burden.

And this is the legal analysis experienced Illinois work comp lawyers do any time someone says they were attacked at work. We need facts and context in order to help determine what your options are.

Illinois Work Comp and Compensation For Pain and Suffering

By Mike Helfand on Posted in Benefits

A caller to my office wanted to switch lawyers because her attorney yelled at her and called her dumb. That was in response to her asking about getting pain and suffering for her work related injury. She shattered her arm, had a very invasive surgery and has gone through a lot of pain for sure.

The attorney she had did a terrible job of explaining Illinois work comp law. He dismissively told her there is no money for pain and suffering and that she should stop asking about it. When she said that she didn’t understand why, he said to her, “What, are you just dumb?” Total jerk.

He’s not wrong that you don’t get “pain and suffering” pay under Illinois workers’ compensation law. At least it’s not called that. But when your case is over you can get a settlement and that settlement does compensate you for the pain and suffering you’ve gone through. It’s just called permanent partial disability or PPD.

PPD is calculated in part based on what you went through, the medical treatment you had, your time off work and how the injury currently affects you. That is essentially what pain and suffering is. You shouldn’t get hung up on the fact that it’s called PPD or anything else. You will get money and in her case, as she has permanent work restrictions, she’s looking at a settlement around $100,000. That’s a great result for someone who was able to return to work.

It’s not much different than not being able to file for punitive damages when the insurance company or employer does something egregious to deny your benefits. In the Illinois work comp world we call it a petition for penalties and fees. Different name, same idea.

When you go to law school you learn a lot. What you don’t learn is how to run a business or how to communicate. You have to learn that, have it in you or be taught it by a mentor. It’s how some amazing law students end up with terrible careers and how some people who were bottom of their class end up super successful.

Customer service is a huge part of this job. Being able to communicate is really important whether it’s with a client or before a Judge. A person with a work ethic and great personality who cares about others will likely have an amazing career and be a great attorney for you.

In this case, the lawyer had the right answer, but delivered it like an asshole and he lost a client and a good attorney fee. The good news is that this worker didn’t let herself get bullied and found a better choice.

Bottom line is be goal focused. Don’t worry about words you’ve heard on TV or from your family member or friends. Your goal is to get the treatment you need, pay for time off work and compensation for how this injury has impacted your life. Those things are available under Illinois workers’ compensation law and a good attorney can get them for you. And a great one can help you understand what is actually happening while treating you like a family member or friend.

Now Is The Best Time To Settle Your Illinois Workers Comp Case

By Mike Helfand on Posted in Tips if Injured

This is a version of a blog post I write every year around this time. I do it because it’s really important. I’m a big believer that Illinois workers should maximize the benefits they get out of a workers compensation claim. This includes getting the biggest possible settlement for your case.

One big caveat. This post applies to people who are done treating for their work related injury. Getting a settlement is great, but you should never do that before you are done with your medical care. If you do it could cost you tens or hundreds of thousands of dollars and put your health at risk.

Now back to the original point. This is the best time of year to settle an Illinois workers’ compensation case? Why? Because you will never find the insurance adjuster more motivated to do so.

Insurance adjusters and their bosses get bonuses based on how many cases they close. They are given goals for how many they have to close each year. They are thinking about their personal bottom line and not what’s best for the company right now. Many of them are feeling pressure to hit a certain number of closed cases.

Insurance companies like closed cases and will offer settlements so they can know that they are done with your claim. The adjuster and/or their boss wants to have as many cases closed as possible. So they are willing to pay top dollar to resolve your case right now because it will get them one step closer to more money in their own pocket.

In other words, let’s say your case has a settlement value of somewhere between $70,000-$100,000 and that the insurance adjuster has been authorized to pay up to $95,000 to resolve your case. If this was March, they’d likely tell your lawyer that the most they can offer is $75,000 and hope that they’d tell you to take it. If your lawyer didn’t budge, they’d continue to nickle and dime you and wouldn’t be in a rush to end your claim.

But now they are less likely to play games and more likely to roll over and offer the most they can offer. That’s because from the moment a settlement is reached until the case is closed can take 30-60 days. While it’s sometimes longer and possible it can happen faster, for them, time is of the essence. They need an approved settlement contract in their hands before the end of the year so your case can be closed in a way that helps them and/or their boss.

That doesn’t mean they’ll offer the most they can right away, but many, many times we’ve seen insurance adjusters do this very quickly. It’s why we joke that It’s The Most Wonderful Time Of The Year is a work comp song.

So if you have a good lawyer and your case is ready to settle, they should be aggressive and make it happen. If you don’t have an attorney or don’t think yours is aggressive, give us a call as we’d be happy to help you. There is a great chance you can have your settlement check in hand before the year is over. Call us any time for a free consultation, 312-346-5578. We cover all of Illinois.

When You Can’t Decide To Switch Lawyers Or Not

By Mike Helfand on Posted in Tips if Injured

While I always encourage people to stay with their Illinois work comp attorney when it makes sense to, sometimes I talk to an injured worker who clearly has a terrible lawyer and they waffle about switching. It’s like Stockholm Syndrome where the kidnap victim becomes sympathetic to their prisoner.

These are things I’ve heard from injured workers who have attorneys who haven’t called back in weeks, yelled at them, didn’t show up to court, forgot basic details about their case or didn’t file motions that they promised to file.

  • I don’t want to make him mad.
  • I’m sure they are busy.
  • This is probably normal, right?
  • It probably won’t be better with anyone else.
  • I shouldn’t have bothered him.

This is just a sampling from what I’ve heard over the years. And I’m talking about attorneys who are clearly doing a terrible job. You should respect your attorney and they should respect you. But respect is earned and when they are acting this awful, you need to look out for you and get a new law firm before it’s too late.

And it can get too late. I was called last year by an injured worker with a major back injury who had a lawyer that for whatever reason wasn’t up to the task. It is a strong case that was denied by a hack IME and the lawyer has done nothing to solve the problem. He’s also ignored phone calls. I’ve heard the attorney is having some personal problems, but that is not the fault of the injured worker. A worker shouldn’t get screwed over because the attorney is dealing with something.

I recommended a new lawyer and this worker gave some of the excuses I listed above. They had a consult with the new attorney who wanted to take over the case and laid out a clear plan as to how to fix the problems. The worker thought about it, but decided to let his lawyer have one more chance. Fast forward six months later and nothing has changed other than the insurance company making a low ball offer to resolve the case. This offer doesn’t include the surgery this worker needs.

The worker called me again and said he finally wanted to switch because the lawyer promised a phone call to discuss how to get the surgery and never called. It regrettably is too late because the settlement offer limits the fee a new attorney could get on the case. The downstate attorney I recommended declined to touch it as a result. I doubt anyone else who does a good job will be interested now either.

So this worker is unfortunately stuck with a bad lawyer who won’t fight for him. He’s getting screwed over, but didn’t make the change when he new he had the wrong firm. It’s like being at a restaurant and seeing a bunch of hairs in your food and not sending it back until you’ve eaten most of the plate. At some point it becomes too late.

My advice when things with your lawyer aren’t making you happy is to talk to someone about it. I will often discover that when the client thinks their attorney isn’t doing anything that trial motions have been filed and the attorney is doing everything they can. In other words no new attorney could speed up the process. In other instances we’ll discover that nothing is being done. If you want a free and CONFIDENTIAL consultation about your case, please call us any time at 312-346-5578.

Why Would This Chicago Work Comp Attorney Not File A Trial Motion For Two Years?

By Mike Helfand on Posted in Tips if Injured

Here’s a really common fact pattern under Illinois workers’ compensation law. The names of the workers and the employer might change and the injuries might be different, but the way it plays out happens all the time.

A worker gets hurt on the job. They report it to their employer and go to the doctor. The doctor diagnoses a problem and sends them to physical therapy. The insurance company begins to pay the bills and for the time off of work. Eventually an orthopedic doctor says that physical therapy has failed and the worker needs surgery.

Even though the insurance company has been paying benefits on this case for many months, they send the worker to an IME doctor to “evaluate” if surgery is really needed. This hired gun doctor says no surgery is needed or if it is, it’s not due to a job accident. So now the worker has their benefits cut off as their case is denied.

At this point hopefully you have an attorney because it’s time for them to go to work. And if you don’t, you better get one ASAP. The next step, assuming the orthopedic doctor is in your corner, is to take their deposition and that of the IME doctor and then go to Arbitration. If your lawyer is aggressive you could have your day in court in as little as three months (although it’s usually longer). This doesn’t solve your problem in the short term, but it’s the long term solution.

This was essentially the fact pattern of a woman who called me who was hurt in 2021, hired an attorney and had her benefits cut off in 2022. Well it wasn’t the whole fact pattern, as here it is 2024 and no trial motions have been filed, no depositions have been taken and of course there’s been no resolution.

This lawyer has basically given her lies. “There’s a huge backup at the Illinois Work Comp Commission due to Covid.” “It takes years to get to trial.” “I can’t make the IME doctor pick a deposition date.” “My dog ate the motion.”

OK, the last one wasn’t said, but it’s basically what the attorney is saying to his client. Illinois workers’ compensation law is unique, requires a lawyer who stays up on case law and can’t just be learned in a matter of days or weeks. But it’s also not brain surgery. If two doctors disagree or your case is cut off for some reason, the way to resolve that dispute is Arbitration. It doesn’t take much to get a case ready for that to happen. After that, you just hope the Arbitrator will put you on their schedule.

So why hasn’t this Chicago workers compensation lawyer done anything on this case for two years?

It’s because they aren’t an attorney who tries cases. There are a whole bunch of lawyers whose only goal is a compromised settlement. That way they can handle a huge volume of cases. We see this a lot with car accident lawyers, especially some that do heavy billboard and TV advertising. They’ll sign a case up with the goal of getting rid of it in a year no matter if it’s in the best interest of the client or not. If they can’t get it settled, they’ll just drop the case. It’s disgusting and hugely unethical.

It’s not good news, but at least the woman who called me can still have her day in court. The insurance company knows the reputation of her lawyer, so they’ve made no offers to settle. That means getting a new lawyer won’t be hard for her.

You should always ask your attorney how many cases they’ve taken to trial in the last two years. If it’s not in the double digits it’s a red flag. It’s something to ask before you hire them, even if you don’t anticipate the case will go to trial. Always prepare for the worst.

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