Should You Be Worried About The IME?

By Mike Helfand on Posted in Tips if Injured

An injured worker with a bad shoulder injury while working in Illinois called us. He had an accepted case and had been receiving physical therapy and injections over a period of six months or so. His orthopedic doctor now wants to do surgery. That is a logical next step after conservative treatment has failed.

Of course the work comp insurance company is not concerned about logical next steps. They are wanting to avoid paying for an expensive surgery and more months of rehab and TTD benefits. I get it. That is how they make billions of dollars every year. It’s not by doing the right thing.

As a result, they have scheduled this injured worker for an IME. It is with a well known hired gun type doctor who does hundreds of exams like this every year. He problem makes over a million dollars a year of these exams alone. As you can imagine, he does not want to lose that gravy train so almost every time he sees an injured worker, he sides with what the insurance company wants him to say. As a result, this caller is nervous.

Do You Have To Worry About An IME In An Illinois Work Comp Case?

Generally speaking you should be cautious and pro-active about an IME. It’s not designed to help you get healthy. Even though you are seeing a doctor, it is not medical care. The goal of it is to help the insurance company fight your case. Sometimes that means saying you were not hurt at work or that you are all better even if your doctor disagrees. Other times they will say that surgery is not needed or that you can work even with your injury.

The way to be pro-active is to make sure that you officially have a case on file with the Illinois Workers’ Compensation Commission before the IME happens. That way if the doctor’s report goes against you, you will have an attorney lined up who can file a motion for a hearing with an Arbitrator faster. In other words, getting a lawyer before the IME speeds up you getting justice if something goes wrong.

The other thing a good lawyer can do is prepare you for the exam. This includes:

  • Telling you about the doctor.
  • Discussing what to wear.
  • Telling you what to say and what not to say.
  • Discussing things you might not think of. For example, the doctor might have a nurse whose job it is to watch you as you leave your car to see if your behavior matches what you show in the office.
  • Behavioral do’s and dont’s.
  • Bringing someone to the exam with you if you want.
  • Understanding the timeline of when the report will be available and what happens next.
  • Discussing whether to bring with you diagnostic tests like x-rays or MRI results.

So yes, it is smart and sensible to be concerned. More likely than not this exam is going to be used against you to try to delay or deny your benefits or give them leverage for a lower settlement.

The good news is that Arbitrators in Illinois work comp cases are not dumb. If a doctor makes a living by repeatedly writing bad reports, even when a credible doctor says otherwise, they are not looked upon favorably. So if you are prepared with a good attorney who cares about you and will fight for you, even a denial can be quickly pushed back on.

I’m sure the idea of an IME is frustrating, especially when you just want to get better and back to work. If you want to discuss your case, reach out to us any time for a free case review. We will connect you with an experienced lawyer in your area that can help if needed.

What A Failed FCE Means For Your Case

By Mike Helfand on Posted in Benefits

A Functional Capacity Evaluation or FCE is a test that is designed to measure your ability to perform certain work tasks. It comes up in Illinois work comp cases when it appears that you will need restrictions on how much you lift, carry, sit stand or perform other tasks. It is an objective test that measures your true abilities as compared to any subjective complaints that you might have.

The test can take hours. One way they measure your true ability is by having you lift items that weigh the same, but look very different. That could be based on size or how they are labeled or even what you are told. The idea is to test how valid your performance is. If the test provider notices that you are being inconsistent with your effort, they will state that you failed the FCE. That is a big deal.

The test provider is usually a physical or occupational therapist. Before we go on with what a failed FCE means for you, let’s talk about the exam itself. While an IME measures your medical condition, a FCE is a test of what you can physically do. During the FCE, you will be asked to do some tasks that you would do in your normal job such as:

  • Walking – to test your endurance.
  • Lifting different objects – this is a big one to assess how safely you can do your job.
  • Pushing and pulling – to determine upper body strength.
  • Sitting – to see how long you can do this without discomfort.
  • Standing – relevant for endurance and comfort.
  • Balance tests – to check coordination and stability.
  • Crawling and climbing – to see how you work in tight spaces and also check coordination.
  • Grabbing and use of hands – to test strength and dexterity.

This is not a test that you can game or cheat. You will often be tested on things you do not even know they are checking. It’s a rather scientific test. When the test is over, it is possible you will have a failed designation. That can mean one of two things.

The first thing it can mean is that you performed so poorly that you are not physically capable of returning to your job. This may mean that you need more medical care or that you will never return to that old line of work.

The second thing it can mean is that you failed due to inconsistent effort. As stated, the test is objective. If you are trying at some parts, but not at others, they are essentially saying that you are faking your problem at times. If they can’t fully measure what you can and can not do, they can not provide an accurate report.

The end result could be that you benefits get cut off or suspended. What happens after that depends on what the report says and what your explanation is. You do have a right to challenge the findings, especially if the FCE provider was chosen by the insurance company. There could be a simple explanation that as the day went on, you became more tired, although the test can measure for that too.

If you are going to a FCE, we highly recommend that you talk to your lawyer about it ahead of time. And if you do not yet have a lawyer you should get one ASAP. These tests only happen to people who have very serious work injuries. If your benefits get cut off because of it, it could cost you tens or hundreds of thousands of dollars in the end. An experienced Illinois work comp attorney can protect you.

If you would like a FREE consultation about your case, please contact us any time at 312-346-5578. We have a state wide network of top attorneys and will do whatever we can to protect you.

The Number One Reason Work Comp Cases Are Denied

By Mike Helfand on Posted in Benefits

If you have read our Illinois work injury blog, you know that we talk a lot about how insurance companies deny or delay benefits all of the time for no reason. It is part of a general business strategy and how they make billions. Not paying out on claims is the goal.

Sometimes though insurance companies can refuse payment on your case and they are doing so in a justifiable way. I am sure that thought just makes them salivate. Unfortunately, their best defense and the number one way they deny claims has to do with something that injured workers do to themselves. It’s not even a dirty trick.

Illinois workers comp cases have a lot to do with credibility. The more credible you are, the more likely you are to win. Same goes true for your doctor. If they are credible it can help your case or harm it if they are not.

It is assumed that when you see a doctor, you will tell them the truth. As a result, the first thing an insurance adjuster or their lawyer does when they review your case is see what you tell a doctor on your first visit. And while the original doctor is the most important one, they will check what you say to all medical providers.

When you see a doctor, you are often asked to fill out a questionnaire about why you are there. They will also take an oral history from you. What you say there is incredibly important.

Some people lie to their doctor about how they got hurt because their boss tells them to and they feel pressure. Other people do not pay attention to what the form says and check no on a box that asks if your injuries are work related. That isn’t always a problem for a repetitive injury, but is a huge problem if you claim a one time incident hurt you. In other words, if you felt a pop in your back lifting a box at work, but on the form say it didn’t happen at work, that will hurt your case.

What you say verbally and what the doctor writes down is even more important. If you swear you told them you were hurt at work, but they write down that you got injured at home, that will likely destroy your case. I am not saying that you look over their shoulder while they write stuff down. I do suggest that you make it clear you were hurt at work when giving your history. Don’t just say “I was lifting a box and hurt my back.” Do say, “I was at work. I lift boxes every day and at 10 a.m. I picked one up like I always do and felt a pop in my back. I reported it right away to my supervisor who told me to see a doctor so here I am.”

If you do knowingly lie, it kills your credibility. Unless we can call a witness that says they heard your boss tell you to lie and that they have done that before, your lie will be hard to overcome. And either way, the insurance company will deny benefits and be in the right to do so. The only way you will win is if you can convince an attorney to take your case to trial and survive for many months while that process plays out.

The only close second that insurance companies love is when you have a delay in your medical care. In other words, if you get hurt in December, but do not see a doctor until March or April, that gap implies that you were really injured doing something else. Timely treatment which includes follow up care is really important in these cases too.

All of these points are about proving what the truth is. If you do not have accurate information in your medical records, it can really cause you harm.

If you have any questions about this or want to discuss a case, please call us for a free case review at 312-346-5578.

Can You Record The IME?

By Mike Helfand on Posted in Tips if Injured

A very pleasant woman contacted me about her very serious back injury at work. She had seen a doctor for an IME and during that exam, the doctor pushed on her in a way that caused her pain.

Flash forward to a year later and she has to see that same IME doctor again for a different reason. She is very nervous about the exam and that the doctor will do something that will make her injury worse. So she called me and asked:

Can I record the independent medical examination?

The answer is yes, but …

Just Because You Can Do Something Does Not Mean You Should

Back in August of 2023, an Illinois law was passed that says that during an IME, you have a right to have someone else present in the exam with you AND to video record the exam if you want to. The law seems to have been written with personal injury claims in mind, but we believe it applies toward work comp claims in IL too.

So the answer is yes, you can record an IME, but that doesn’t make it a good idea. There are a bunch of reasons I say that:

  1. 99% of people who go to an IME do not record it. In my opinion, if you do so, it will make you look crazy or cause the Arbitrator to look at you as not normal. That in turn might cause them to give more credibility to the IME doctor than they would normally. In the case of my caller, she was going to a well known “hired gun” IME doctor. The Arbitrators know about him and do not need to be given a reason to favor them.
  2. The video could be used against you. It’s possible for the defense attorney to subpoena the video. If it shows any inconsistencies in your behavior or makes you look bad in any way, that could torpedo your case.
  3. If you want a witness, you have the right to have someone in the room with you. The doctor can likely set ground rules that they can not speak on your behalf or instruct you how to answer, but they can testify as to how long the exam lasted, what the doctor did, etc. You probably don’t need that and I would usually only advise someone to bring someone with them for comfort or assistance in walking.

Think Of The “Seinfeld” Soup Nazi Episode

What I explained to the caller is that during the Soup Nazi episode on Seinfeld, the people who got soup were the ones who followed the rules and acted “normally.” If your case does have to go to trial, the result will come down to, in part, the credibility of your doctor vs the IME. Your doctor has seen you multiple times. The IME saw you once for 5-10 minutes. All things being equal, the treating doctor’s opinion usually has a lot of weight unless they have a bad rep.

In other words, if you act normal and have a good doctor (and good case facts) you should win. That isn’t a guarantee, but it’s your best chance. On the other hand, if you cause part of the IME report to focus on your behavior, you are giving the Arbitrator a reason to think twice about finding in your favor. Fair or not, Arbitrators can be biased to people who seem to be gaming the system or acting in an unusual way.

I’m sure it is frustrating to have to go to an IME. It’s probably worse if the first time they did something to cause you pain. The best advice I can give you is talk to your lawyer (or call us if you do not have one) before you do anything. Sometimes you can be too smart for your own good and do not find out that you made a mistake until it is too late.

The Timeline For Settling An Illinois Work Comp Case

By Mike Helfand on Posted in Benefits

I had a live chat with an injured worker recently. If you want to do that, hit the chat button and you will likely speak to an attorney for free. You can also call us or fill out our contact form.

The reason this person reached out was because he wanted to know the typical timeline for settling an Illinois workers’ compensation case.

My answer was that there is none. Every case is different. Some settle in months. Some take years. The number one factor in this is how bad is your injury and when did you recover and return to work without problem.

In other words, we want to wait until you are what is known as MMI or maximum medical improvement. This is as good as you will get physically. Hopefully it comes with a full duty release, but it might include some restrictions such as no lifting over a certain weight.

We would then want to see how successful your return to work is. If you have a desk job and broke your foot in a freakish accident, we wouldn’t be worried about you being able to do your job. On the other hand, if you had a back surgery and have a job that involves a lot of lifting, we would likely want to see you return to work for 2-3 months without problem.

There are other issues that can affect the timeline. If you might need future medical care, that issue has to be addressed as it is part of your settlement. If you can not return to your old job, you may need vocational rehabilitation to prove what you can now earn. Skipping either of those steps could cost you hundreds of thousands of dollars.

And of course any potential defenses to your case might affect the timeline. If you have a strong case then we won’t worry about going to trial. If there is a chance you could lose trial, we might be more patient.

Once a settlement demand is made, it would be reasonable to expect a response within 30 days. If that does not happen, a good work comp lawyer will typically call the other attorney or talk to them about it if they see them in court. That isn’t as common as it used to be as a lot of court is online now. If there is no defense lawyer then the call would go to the insurance adjuster.

If no offer is made or it’s a really bad one, you have a couple of options. If it’s a bad offer, you can counter it. Or for either scenario, your lawyer can file a motion for trial. That does not mean your case will go to trial, but that gives you the option.

What typically happens then is you get assigned a trial date and we will ask the other attorney if they will agree to a pre-trial. That is an informal conference with the Arbitrator where each side gives their version of the facts and tells the Arbitrator what they think the case is worth. The Arbitrator will make non-binding opinion. The fewer the case issues, the more likely the pre-trial is to move things along.

If you can not agree after that, your lawyer should get the case ready for trial. That would add three months to the case before you can next get a hearing.

In the live chat I had, the injured worker had been back to work for over a year. His lawyer had filed four trial motions (good) but there has been no offer (bad) or pre-trial (worse). Basically he is letting the defense attorney and insurance company dictate how this case goes.

The solution is to get a new attorney or get a commitment from the old one to do their job. It really comes down to how much faith you have in them to really be ready for trial. This lawyer has a lot of red flags unfortunately.

The bottom line is the more serious the injury, the likelier it is that your case will take longer to be done with. We highly recommend that you do not settle too soon because once you do, the case and the benefits are over. Every week I get a call from an injured worker who is in pain, but can not do anything because they settled their case already.

One Employer, Two Injuries, Two Insurance Companies

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

Here is an Illinois workers’ compensation situation that comes up a handful of times a year. We don’t like to see anyone have their benefits denied, but we like this situation because the law is incredibly crystal clear and it is an easy problem to solve. Here is what happens.

A worker at ABC Company hurts their back on February 1st. There is no dispute that it is a work-related injury. They receive three months of physical therapy and an epidural steroid injection to their lumbar spine. They miss six weeks of work. Everything is paid for. Come May, they are feeling really good, and their orthopedic doctor says that they can work full duty and do not need any more care. That case was handled by the X insurance company (it could be Travelers, ESIS, Hartford, or anyone else).

They return to the ABC Company and in June they hurt their back again while lifting a box. They go to the orthopedic doctor again and he wants the worker to have a MRI. This case is being handled by the Y insurance company.

What typically happens next is the Y insurance company refuses to pay for the MRI. They say that the back injury is really from the first accident that is the responsibility of the X insurance company. They are not disputing a new situation occurred or the need for the MRI, but it is their opinion that it all traces back to the February injury.

So who pays for the MRI and continuing treatment?

The answer is we do not care. Your case is not filed as you vs. the insurance company. It’s filed you vs. the employer. Whether the February or June accident is the reason you need to see a doctor now, it all falls under the responsibility of the ABC company.

As a result, their is no defense to not paying. The two of them can argue it out, but someone has to pay. And if they do not pay then a motion for penalties and fees will be granted that will punish them both for their unreasonable denial.

Typically in this situation an Arbitrator will recommend that they each pay half until they can get opinions as to which accident is responsible. It may end up meaning that eventually the case is forced to trial when it is time to settle so an Arbitrator can determine if the June situation was a new injury or a temporary aggravation of the old one. It’s likely that the MRI will help paint the picture, especially if there is an earlier one to compare it to you.

But the bottom line is that you as the injured worker should not have benefits delayed in any way while this gets sorted out. It is one employer. The case might be different if you switched jobs. In this case there is no dispute that the ABC Company is responsible. So their insurance has to pay or they do.

In one case that came to us, a worker waited over a year for this to get solved. That is beyond unacceptable. If a client came to us, we would immediately file a petition for immediate hearing and penalties and fees. Unless there is a defense that you were not hurt at work or do not need the treatment (highly unlikely), I do not believe that there is an Arbitrator in Illinois that would find against you. Even the most employer friendly Arbitrators would rule in your favor.

So if this happens to you, know that you are in a great position and your case is very winnable. Call us any time for immediate help anywhere in Illinois and a free case review.

Can The Work Comp Insurance Company Make You Volunteer?

By Mike Helfand on Posted in Benefits

There are so many clear examples of the cruelty and pettiness of workers’ compensation insurance companies on Illinois work comp claims. They are constantly trying to come up with new ways to mess with injured workers or bend the law.

A tactic that has become really popular over the last couple of years is telling injured workers that instead of collecting TTD benefits while they recover from their injury, they have to report somewhere for volunteer work. A common example is they will tell you to show up at some charity thrift store to help sort through donations. You still get paid your wages or TTD, but are not at your normal place of employment.

The question is, can they get away with this? Can a work comp insurance company make you volunteer somewhere while you recover from your injury?

The answer is it depends. Let’s get into it a bit.

First off, if you are taken completely off work by your doctor for a work related injury, they can’t make you do anything. So if you hurt your back and are completely off work because it’s so severe, you can’t be made to do any job. This is one reason we never give permission for the insurance company to talk to your doctor. They will try and get them to agree you can do volunteer work even if it’s not best for your recovery.

When they might be able to get away with it is when you are off work with restrictions. If the volunteer work is within your restrictions AND your regular employer remains your employer (meaning you have a job to return to eventually) then they can ask for you to do this.

The problem we are seeing, a lot, is people are being asked to do volunteer work that can make their physical condition worse. That is when you should push back.

For example, if you have an arm or hand injury and they are asking you to do a job that involves a lot of repetitive work with your arms/hands (e.g. stuffing envelopes), it could risk making your injury worse. If you have a back injury and you are being asked to do a lot of lifting, you could make your injury worse. So before you accept a volunteer position, we need to clarify what it is you will be doing.

If you do show up and are asked to do things beyond your restrictions or can’t work at the pace they want, I typically suggest that you decline to do what is asked of you. In other words, if you have a 20 pound lifting restriction and are asked to move a box, just say no.

While these organizations like having volunteers, not every place wants injured workers coming by. So we have seen examples of insurance companies asking you to drive a ways to get to the volunteer shift. If your normal work commute is 20 minutes and you are being asked to drive an hour each way, I believe most Illinois Workers’ Compensation Commission Arbitrators would say that is not a legit offering.

We also believe that if they are asking you to do something that is substantially different than your normal job, the insurance company might run into hurdles.

So the answer is that every case is different. I would not just roll over and agree to this, if I were you. There is also the matter of your medical appointments, including physical therapy. Any volunteer work should not interfere with that in any way.

If you are being asked to do this type of work and are not sure what to do, we are happy to consult with you for free on it. Call us any time at 312-346-5578. We help everywhere in Illinois.

When The Insurance Company Wants To Go To Your Appointments

By Mike Helfand on Posted in Tips if Injured

I recently had a consultation with an injured suburban Chicago worker. Really nice, older guy who has been off work for six months with a back and neck injury.

There is no dispute that he was hurt at work. He’s being paid for his time off work. He’s treating with one of the most reputable orthopedic doctors out there. That doctor has ordered more physical therapy. He has already had more than four months worth. He is getting better, but his doctor does not think he will ever work beyond light duty again.

Every time he has received a physical therapy order, he has sent it over to the insurance company. He has, rightfully so, viewed this as a formality. But he is a rule follower so he has gone along with what they have asked of him.

This time they told him something different. They said that if you want to have more physical therapy, it can only happen if we send a representative (a nurse case manager) to your appointments. He wanted to know if this was allowed because they are permitted access to his work related medical info. He thought it was not allowed and told me, “I think this is a HIPAA violation.”

He is right that it is not allowed, but not because of HIPAA laws. Under Illinois workers’ compensation laws, the insurance company has no right to talk to your doctor or any other medical provider other than to ask for copies of records and bills.

What will happen, if you let them, is they will send these representatives to your appointments. Their goal, beyond gathering info about your case, is to try to steer your medical care in a less costly and often much less effective way.

In other words, someone who is not concerned about your health and is just trying to justify their job is going to try and bother your doctor so much that they do things that will not be in your best interests. It could be ending physical therapy even if it’s helpful. It could be doing a surgery that likely won’t be as effective but is cheaper. It could be returning you to work when you are not ready which ultimately makes your injury worse and sets back your recovery.

The good news is that it is a solvable problem and usually pretty quickly. When you do not have an attorney, the insurance company will try to take advantage of you in any way they can. They are motivated by saving money, not what is best for your health and recovery.

If this is happening to you, we would love to help. Contact us at 312-346-5578 and we will connect you with an experienced lawyer in your area that can help.

Lisfranc Injuries And Illinois Workers’ Compensation

By Mike Helfand on Posted in Injuries

A Lisfranc injury might not be a common term, but for workers in industries that require heavy lifting, climbing, or operating on uneven surfaces, it’s a serious and potentially career-altering injury. If you’ve suffered a Lisfranc injury on the job in Illinois, it’s crucial to understand what you’re dealing with medically and legally.

The Lisfranc joint is located in the middle of the foot and involves the bones and ligaments that connect the front part of the foot to the arch. A Lisfranc injury can range from a simple sprain to a complete fracture-dislocation where the bones in the middle of the foot are displaced.

These injuries are often caused by direct trauma (such as something heavy falling on the foot) or from indirect forces (like twisting the foot awkwardly while it is planted). Symptoms can include swelling, bruising on the bottom of the foot, inability to bear weight, and significant pain.

Because the injury can look like a standard sprain at first, it’s not uncommon for Lisfranc injuries to be misdiagnosed or ignored. Without proper treatment, that can cause long-term complications.

Jobs That Often Lead to Lisfranc Injuries

In Illinois, we often see Lisfranc injuries in workers who:

  • Operate heavy machinery
  • Work on construction sites or in demolition
  • Carry or lift heavy objects
  • Climb ladders or work on scaffolding
  • Perform delivery or warehouse duties on hard surfaces
  • Are involved in high-impact work like firefighting or law enforcement

These roles often involve the kind of stress, awkward foot placement, or trauma that can result in serious foot injuries. But of course this injury can happen on any job out there.

Treatment and Recovery

Lisfranc injuries can take months to recover from and often require:

  • Imaging and Diagnosis: X-rays, MRIs, or CT scans are needed to confirm the extent of the injury.
  • Immobilization: Mild injuries might be treated with a cast or walking boot.
  • Surgery: More severe cases require internal fixation (screws, plates) or even fusion of the bones in the middle of the foot.
  • Physical Therapy: Long-term rehab is often needed to regain strength and mobility.
  • Time Off of Work: Recovery can take weeks or months, especially if the job is physically demanding.

For some, the injury results in permanent limitations, chronic pain, or arthritis in the joint. It may impact the kind of work they can do going forward or their ability to return to work at all. The good news it that Illinois workers’ compensation laws protect you in this scenario as long as you know your rights. Which leads to our next point.

Finding an Experienced Illinois Workers Comp Attorney

Injured workers are entitled to significant benefits under Illinois workers’ compensation laws. These benefits include medical care, wage loss (temporary total disability), vocational rehabilitation, and a settlement for long-term damage. Almost every case is worth something and major Lisfranc injuries can be worth hundreds of thousands of dollars.

Insurance companies often downplay injuries, especially those that are commonly misdiagnosed like Lisfranc injuries. We’ve heard from workers who were told it was “just a sprain” and sent back to work too early, only to have long-term damage worsen over time. Some employers try to shift blame, argue the injury was not work-related, or push back on surgery and extended recovery time.

Having a workers compensation attorney who understands Lisfranc injuries and how they affect workers in physical jobs is critical. A good attorney will fight for all necessary medical treatment, including surgery if needed. They will push back against attempts for the insurance company/employer to limit or deny your benefits. And it costs nothing up front to get an attorney.

Not all lawyers are equal when it comes to complex foot and joint injuries. We have a state wide network of workers comp attorneys across Illinois who have handled cases involving Lisfranc injuries and know how to deal with reluctant insurance carriers and complicated medical evidence. That does not guarantee a result, but gives you the best chance of success.

Contact us at 312-346-5578 for a free, confidential consultation and case review with a lawyer.

Older Workers And Illinois Workers’ Compensation Settlements

By Mike Helfand on Posted in Benefits

Every now and then there is an article somewhere about a 90-year-old who has worked at McDonald’s, Walmart or some other place for 50 years. They are celebrated. I respect anyone with a work ethic, but certainly wish jobs would pay enough so you don’t have to flip burgers or stock shelves in your golden years.

It may be the bad economy, but I have noticed a really big uptick in older workers contacting us lately after getting injured on the job. Almost 100% have been real salt of the earth type people. They mostly want to keep working and like what they do.

A couple have been part time workers who also receive social security retirement payments. They are worried that getting a work comp settlement will cause those payments to go down. While that is a valid concern for workers who are on SSDI (although a good attorney can minimize any harm) it is not a concern for those on regular retirement age social security.

I also had a worker who fell and broke her hip wanting to know what her case was worth. She is 74 years old and struggling to still do her job.

How Settlements For Older Workers Are Calculated

One of the factors in determining any Illinois workers’ compensation settlement is your work life expectency. In other words, how long will you keep working? Another factor is, how will this injury affect your ability to do your job.

With older workers, the calculation is a little different. We can’t compare a settlement for someone in their 20’s or 30’s with a similar injury because their age can make the case worth much more.

That said, a serious injury for an older worker can actually be worth more money than it would be for someone younger. If you are forced to stop working that job, but can do a different, lower paying job, you would be entitled to five years of wage differential benefits. For most workers, this means you would likely get something in the low six figures, tax free.

For other workers, a serious injury is likely career ending. If there is no stable labor market for you based on your age and injury, you may be entitled to permanent disability benefits. That could potentially be $50,000 or more a year, tax free, for the rest of your life. In other words, a serious injury that would not end the ability of a 25 year old to ever work again would be worth much less than the same injury to a 75 year old that can not work again.

And for some workers, you get hurt and are able to return to the job. Those cases have settlement value too. How much your case is worth depends on how serious the injury is, the treatment you’ve received, your recovery and your future medical needs.

Medicare And Older Worker Injuries

One way a good Illinois workers’ compensation attorney can protect you is by making sure you do not lose any Medicare rights. 100% of your medical bills for your work injury should be paid for by workers comp. If you settle the case and it’s anticipated that you will need future medical care at some point for the injury, any settlement must take this into consideration.

What will often happen is an additional settlement payment called a Medicare set aside. This is money that should go directly to you to pay for any medical needs you have in the future related to your injury. And if you don’t get that treatment, you get to keep this additional money.

On the other hand, if this is not done, Medicare might deny future services if they pay for things they should not. So it is really important to have an experienced attorney address this issue. You absolutely can not count on the insurance company or your employer to handle it for you. They likely will not as this will cost them more money.

As you can see, there is a lot of information to consider. If your attorney is not experienced, it can cost you a lot of money. We have been helping injured workers since 1997 and would love to help you via our state wide network of experienced attorneys. We promise to treat you the same way we would if a family member or friend asked for help. Contact us at 888-705-1766 any time for a free consultation.

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