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.

Frozen Shoulder Illinois Workers Compensation

By Mike Helfand on Posted in Injuries

Adhesive capsulitis, commonly known as frozen shoulder, is a condition whose primary symptoms are stiffness and pain in the shoulder joint. This occurs when the capsule of connective tissue surrounding the shoulder joint becomes tight and thickened, restricting its movement. It feels like your shoulder is frozen stuck, hence the name.

The Three Stages of Frozen Shoulder

Frozen shoulder typically develops in three stages

  1. Freezing Stage: Lasting between 2 to 9 months, this initial stage is marked by limited shoulder movement and pain with any attempt at motion.
  2. Frozen Stage: This phase can last anywhere from 4 to 12 months. Although pain may decrease, the shoulder becomes increasingly stiff, making it difficult to use.
  3. Thawing Stage: Spanning 5 to 24 months, the thawing stage sees gradual improvement in shoulder mobility.
    Given the timelines for each stage, symptoms of adhesive capsulitis may persist for 1 to 3 years. For many people the pain is worse at night and can interrupt your sleep.

Given the timelines for each stage, symptoms of adhesive capsulitis may last for 1 to 3 years. For many, pain is often more pronounced at night, potentially disrupting sleep.

Causes Of Adhesive Capsulitis and Workers’ Compensation In Illinois

The primary cause of adhesive capsulitis is inflammation in the tissues surrounding the shoulder joint. This inflammation can result from a traumatic injury or from keeping the shoulder immobilized for an extended period, such as following surgery or a broken arm. In other words, it’s common that one injury leads to a second injury

If the condition arises from a work-related incident, you may be eligible for workers’ compensation. This is true whether the injury occurred from a specific accident at work or as a result of a prior injury, like a shoulder issue or broken arm, that occurred on the job.

Should your condition impact your ability to perform work duties, your employer may need to provide accommodations or pay you until you are all better.

Treatment Options For Frozen Shoulder

The primary treatment for adhesive capsulitis often includes range-of-motion exercises. Additionally, corticosteroid injections and numbing medications are commonly used to reduce pain and inflammation. In some cases, arthroscopic surgery may be necessary to loosen the joint capsule and restore mobility.

If you’re suffering from frozen shoulder and believe your condition resulted from work-related activities or an accident on the job, don’t hesitate to reach out to us. The good news it that if it does stem from a work related injury, 100% of your bills will be made, you will get compensated for your time off of work and we can help you get a significant settlement when you are all better too. We have an Illinois wide network of great attorneys and can connect you with a skilled workers’ compensation lawyer who has successfully represented clients with similar conditions.

IL Work Comp When Your Boss Won’t Turn Your Case In To Insurance

By Mike Helfand on Posted in Tips if Injured

I had a nice conversation with a really sweet nurse who was injured on the job. She’s worked over 20 years without ever filing a workers comp case. But now she hurt her wrist badly and had to file a claim. She told her boss how she hurt the wrist when a patient got violent. What the boss did next stunned her and led to her call.

He told her that it was unfortunate, but when she asked about workers comp, he told her she couldn’t do it and he wasn’t going to file a claim with their insurance. She called me wondering how to handle this.

First thing to know is this is insane and highly illegal. They can’t just choose not to file a claim.

Second thing to know is that you don’t need their permission to file a claim. You simply hire a lawyer (costs nothing) and we will file an Application For Adjustment Of Claim with the state of Illinois. That’s the official form you have to file to begin a case. We can even look up who your employer has for insurance and notify them of the case that way. Note, your employer is by law also supposed to post this information in a break room or other common area.

The third thing to know is that if your employer waits too long to report your accident, they might have their insurance coverage denied. That would affect you as there would be nobody to pay for your medical bills or time off of work. This nurse needs surgery and likely will be out for two months. The surgery is expensive and not one she should have to pay for herself. The owner could lose coverage permanently if they don’t report it. So you are protecting your interests and those of the company and others by filing a case.

Beyond all of this, it really is a huge red flag as to what type of employer you have if they try to pull this nonsense. Illinois workers compensation claims are not lawsuits. You are NOT suing the company. You are making a claim for benefits for being injured while doing a job that benefits your employer. It’s a right guaranteed by law and there is no acceptable reason for your employer to ever interfere with you exercising those rights.

The good news is that this type of thing doesn’t happen a lot. But it happens enough that it’s concerning and was worth writing about. Our goal with this blog is to educate Illinois workers so you can make good decisions as to what is best for you.

If you have any questions or want a free, confidential consultation with an attorney, please call us any time at 312-346-5578 for help anywhere in Illinois.

Why We Couldn’t Help An Injured Worker Who Needed Neck Surgery

By Mike Helfand on Posted in Benefits

We LOVE to help people. While Illinois work comp law is generally great, many workers get screwed or taken advantage of, even if they don’t realize it. There aren’t many better feelings at work than knowing you helped turn a bad situation into a good one. Our state wide network of experienced Illinois work injury lawyers has done this thousands of times.

Sometimes someone comes for you to help and you can’t help them. That sucks, but it’s often out of our hands. Generally speaking, we make more money on very serious injury cases than we do with moderate injury cases. So when a worker with a neck fusion who needed another surgery came calling, we were disappointed to have to turn him down. Understanding why could help other workers.

First off, his case was very old. He was hurt in 2016. A lot has happened since then, but the age of the case makes it really messy. But the bigger factor is that we’d be his fourth law firm in that time. The first was only on the case a month, but even if you disregard them, having two other firms withdraw from the case indicates that there are problems with the case. The worker told me he had no idea why the lawyers quit which in my experience is him not being honest. It’s ok to tell a lawyer what the problems are. But given that the case has been around for almost eight years and those lawyers did most of the work, they’d get most if not all of the 20% fee.

This caller wants to get an additional surgery which means taking the case to trial. We don’t shy away from that when cases are clean, but as stated this one is a mess. His original surgeon said he didn’t need another surgery, but a new doctor he found disagrees. It’s hard to win a case at the Illinois Workers’ Compensation Commission when you are doctor shopping and a credible doctor has found against you.

Beyond all of that, there is a mid six figure settlement offer on the case. The previous attorneys would be entitled to all of the fee from that offer. In other words, if we took the case to trial, won and then settled, we’d have done all of the work and get paid nothing.

The lesson is that if you pick the wrong attorney or see red flags, if you wait too long to switch lawyers, you’ll probably be stuck. You certainly won’t be able to find a new, good one to take over. I’m afraid that this worker could be without representation and might lose out on some of his rights.

So what some of the big red flags to look out for? A lawyer not communicating or treating you rudely is one. Another big one that happened here is when your benefits get cut off and they don’t have a plan of attack they will share with you. On one case we reviewed, in more than 14 months after benefits ended, the lawyer hadn’t done anything to get the case ready for trial and the worker lost his home. It can take a few months to get ready for trial, but if your lawyer isn’t doing anything or doesn’t tell you the plan, you might want to look elsewhere.

Had this worker come to us any time between 2016-2020 and there wasn’t a settlement offer, we probably could have helped. But this far down the road, with that many other lawyers on the case and the big offer, there’s simply nothing we can do. And I promise you that doesn’t make us happy at all.

Cauda Equina And Illinois Work Injuries

By Mike Helfand on Posted in Injuries

Most Illinois workers’ compensation injuries aren’t catastrophic. You may have a severe injury that requires surgery like carpal tunnel, a rotator cuff tear, etc., but eventually you should make a full recovery.

Some injuries are unique or have severe complications. And if those complications aren’t addressed right away it can have life long, tragic results. One such problem is cauda equina. And some lawyers and employers could be making the situation worse.

Cauda equina is an injury that occurs when nerves in the spinal cord get damaged. So you might lift something at work (e.g. a nurse lifting a patient, laborer lifting something heavy, etc.) or do another activity and get a back injury. That is probably the most common injury we see. With some of these injuries though, the pain and symptoms are unusual. We’re talking tremendous back pain, loss of feeling in your legs, significant numbness, urinary incontinence and other problems.

With normal back injuries, a delay of a couple of days to get treatment is no big deal. With the nerve injuries in cauda equina, if you don’t treat it with surgery within around 48 hours of the problems they can become permanent or get worse. For most people this means having a fusion right away.

The way cauda equina syndrome is diagnosed is your subjective complaints which leads to the doctor ordering a MRI. The MRI should take place without delay. The problem we’ve seen is that many employers insist that their workers go to company medical clinics after they are hurt and make them feel like they don’t have a choice to go to an ER or doctor of their own choosing (they do).

These clinics make a lot of money off of referrals from employers. So it’s been my experience that they are extremely conservative in their initial treatment of some injured workers. If you have a torn rotator cuff, it’s important to see an orthopedic doctor ASAP, but if the company clinic delays that by a week or two, it probably won’t change much ultimately. But if they delay you getting a MRI because it’s “too costly” it could result in you having irreversible damage.

When this happens, you may have a medical malpractice lawsuit. And it wouldn’t just be against a company clinic, it would be against any medical provider that delayed a diagnosis of it. You have two years from when that happens, so time is really of the essence.

And that leads to the second problem we see. Some of these lawsuits are against orthopedic doctors or other medical providers that your work comp attorney has a relationship with. They may get referrals from these doctors or use them for testimony in other cases, so they don’t want to piss the doctor off. In the work comp attorney’s mind, they are only representing you on the work comp case. So they don’t tell you to go look for a medical malpractice attorney because it’s not in their best interests.

The truth is that if your lawyer recognizes a legal issue, they should point it out to you, even if it’s not one they can help with. If they don’t it’s possible legal malpractice and either way it’s terrible representation.

We have helped a lot of workers with cauda equina and work with multiple Illinois medical malpractice law firms when there’s negligence that could have prevented things from getting so bad the problem is permanent. If you’d like a free consultation, please call us any time at 312-346-5578. We help everywhere in Illinois.

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