Currently Browsing: Workers’ Comp Blog
Jan 14, 2019 | Illinois Workers' Comp Info, Workers' Comp Blog
“Alexa, Do I need a lawyer? I was injured at work. Google workers’ comp in Illinois.” The year is 2019, and you might ask Alexa or Google every question you have, but if those are your questions, I suggest calling an attorney for a free... Jan 11, 2019 | Illinois Workers' Comp Info, Workers' Comp Blog
Workers’ Comp in Illinois: Five Quick Things to Know 1. Even if your case goes smoothly / is all paid for, there are many reasons to at least talk to a lawyer, the first one being that the insurance company will never offer you as much money as the case is... May 1, 2018 | Workers' Comp Blog
New in Illinois workers’ compensation news: Travelers Insurance Company is adding “Telemedicine” features to their workers’ comp insurance. (Travelers Insurance happens to be one of the big workers’ comp insurance companies that handles... Dec 26, 2017 | Illinois Workers' Comp Info
When Should You Hire an Attorney for a Workers’ Compensation Case? You should at least TALK TO AN ATTORNEY as soon as possible. The main reason? Basic guidance every step of the way, and no attorney fees until and unless we collect for you at the end of your... Mar 3, 2017 | Illinois Workers' Comp Info
One of the most important aspects of your workers’ comp case is your medical care. Your health is the first and most important thing we want to make sure has our full support. We want our clients to get the full medical care needed for their injuries, however... Mar 1, 2017 | Case Law News, Illinois Workers' Comp Info
If you’re injured while doing some type of recreational or voluntary activity at work, depending on the circumstances, you could have a workers’ compensation case! Here’s a look at a recent case involving a “voluntary” game of basketball:... Feb 24, 2017 | Case Law News, Illinois Workers' Comp Info
If the act of bending over to perform a task is a risk distinctly associated with your job duties, and doing so leads to an injury, you could have a winning workers’ comp case! Here’s a look at a recent hard-fought case with this issue: Mark Mytnik worked... Feb 23, 2017 | Case Law News, Illinois Workers' Comp Info
Here’s a very interesting case filed under Illinois’ Workers’ Occupational Diseases Act: June 2012: Kevin Clayton Jr. started working as an officer for Pontiac Correctional Center. July 2012: He had a negative skin test for tuberculosis (TB). His... Feb 22, 2017 | Case Law News, Illinois Workers' Comp Info
If you are injured at work while doing something that: A.) Your employer might reasonably expect you to do to fulfill job duties, and B.) Exposes you to a risk of injury greater than that of the general public, then you have a chance to win a workers’ comp... Feb 21, 2017 | Case Law News, Illinois Workers' Comp Info
If you are permanently and totally disabled due to a work injury, and your lawyer is able to demonstrate your inability to find employment, then you have some hope under the Illinois Workers’ Compensation Act. Let’s take a quick look at a recent case... Feb 20, 2017 | Case Law News, Illinois Workers' Comp Info
An interesting work injury problem is when it isn’t clear if a worker has a neck injury or a shoulder/arm injury. Injuries to these two body parts often result in very similar symptoms, and it can take time for doctors to sort things out. Here is a quick recap... Feb 17, 2017 | Case Law News, Illinois Workers' Comp Info
If you are injured while on your break at work, it is possible for you to have a winning workers’ comp case. Here’s a quick recap of a recent slip and fall Illinois case: Leszek Janiszewski worked as an employee for Idea Furniture. His normal workday... Dec 21, 2016 | Case Law News, Illinois Workers' Comp Info
A recent case demonstrates how the Illinois Workers’ Compensation Commission calculates permanent partial disability. In Mark Schrubbe v. Southern Wine & Spirits, Mr. Schrubbe worked as a driver who delivered wine and spirits. He would remove orders from... Dec 19, 2016 | Illinois Workers' Comp Info
If the insurance company sends you a letter and claims you are required to attend an exam with their doctor, do you have to go? In a word: Yes. Your employer will both select and pay for this doctor to examine you to give an opinion regarding the nature and extent of... Dec 14, 2016 | Illinois Workers' Comp Info
How long do you have to file a work injury claim in Illinois? The very first requirement, which is limited by time following your injury, is the giving of notice to your employer within 45 days. Sometimes, but not always, employers refuse to take an accident... Dec 8, 2016 | Illinois Workers' Comp Info
If you’re hurt at work, and instructed not to return to work by a doctor or hospital, when will you get a check from the insurance company? Under the statute, which is called the Illinois Workers’ Compensation Act, the insurance company would have 14 days... Dec 7, 2016 | Illinois Workers' Comp Info
How do you find out your employer’s workers’ compensation insurance company? There are several ways you may find out: Legally, your employer is required to post somewhere in the workplace where employees gather a poster indicating the name, address and... Dec 1, 2016 | Illinois Workers' Comp Info
Who will pay your medical expenses if you’re injured on the job? Your employer or its insurance carrier is obligated by the Illinois Workers’ Compensation Act to pay all medical expenses that are reasonably required to relieve and cure you from the effects... Nov 4, 2016 | Case Law News, Illinois Workers' Comp Info
If you have a pre-existing condition, can you get workers’ comp benefits? Yes, you can. In the recent Illinois case of Sandra Johnson-Clemons v. Rush University Medical Center, this issue was raised. As in many cases, the specific evidence offered was key to... Oct 26, 2016 | Case Law News, Illinois Workers' Comp Info
Can you get workers’ compensation for carpal tunnel syndrome (CTS)? Yes, you can. Such cases are known as repetitive trauma work injuries. You can get workers’ comp if you can: Properly document your job duties. Have a qualified doctor provide a... Oct 24, 2016 | Case Law News, Illinois Workers' Comp Info
If you slip and fall at work, can you get workers’ comp benefits? The short answer: Yes. The more complete answer: Yes, but it depends on certain key factors. One very important key is the ability to prove the facts that are claimed by the injured worker. The... Oct 14, 2016 | Case Law News, Illinois Workers' Comp Info
I was recently talking to a friend of mine who told me that he got into an argument with a landlord about the stairs leading to his porch. They were, in his words, “the most uneven stairs on this green earth.” He was sure someone was going to break their neck. But, he... Oct 13, 2016 | Case Law News, Illinois Workers' Comp Info
What happens if you’re attacked on the job? Can you get workers’ compensation benefits? The answer to this question depends on a number of different facts. The aggressor may be someone that the employee is exposed to by reason of the employment: Either... Oct 3, 2016 | Case Law News, Illinois Workers' Comp Info
You work in a cafeteria. Your job involves reaching out and up, and even standing on your toes, to place a very light plate of food onto a glass partition. One day, while doing this, you hear a pop in your shoulder, and feel pain. Obvious work injury case, right?... Jul 18, 2016 | Case Law News, Illinois Workers' Comp Info
An Illinois workers’ compensation case can be strongly affected by a positive drug test, and for obvious reasons. When a person is under the influence of any drug, performance can be affected in the areas of reaction time, judgment, coordination, vision, and... Jun 7, 2016 | Case Law News, Illinois Workers' Comp Info
If you are injured at work through repetitive trauma, or, in other words, the act of repeating some action or actions which lead to physical problems, you may be entitled to benefits under the Illinois Workers’ Compensation Act. “Repetition is... May 17, 2016 | Case Law News, Illinois Workers' Comp Info
If your workers’ compensation claim ends, sometimes, it really isn’t over yet. It depends on the exact circumstances of your situation. One way this happens is when a condition at least in part causally related to your work injury ends up causing you serious medical... May 16, 2016 | Case Law News, Work Comp Info
In the recent Illinois workers’ compensation case of Kenneth Wright v. FCN Publishing Co. and State of Illinois, as Ex-Officio Custodian of the Injured Workers’ Benefit Fund: Mr. Wright was a staff photographer at the Final Call Newspaper, which is owned by FCN... May 3, 2016 | Case Law News, Illinois Workers' Comp Info
In an Illinois work injury case, one of the more complicated things that can happen is for there to be, before a case resolves, a second accident (or intervening accident) that is not work related—such as a car accident completely outside of work—which may or may not... Apr 29, 2016 | Case Law News, Illinois Workers' Comp Info
One of the most difficult workers’ comp cases is the “mental-mental” case, in which an injured worker sustains psychological injuries as a result of non-physical work-related factors, as discussed in a prior post (“Mental-Mental Injuries”). A recently... Apr 28, 2016 | Case Law News, Illinois Workers' Comp Info
When you have 45 years of experience handling Illinois work injury and personal injury cases, you have heard about every kind of injury and mechanism of injury possible, and yet, there are always new ways I hear of injuries happening every day. A recent Illinois... Apr 27, 2016 | Case Law News, Illinois Workers' Comp Info
In Illinois workers’ compensation, two of the more difficult cases involve slip and fall injuries and/or traveling employee injuries: For a slip and fall case, one key is that you have to be able to prove that the injured worker was exposed to a risk greater than the... Apr 4, 2016 | Illinois Workers' Comp Info
In Illinois workers’ compensation, no two cases are exactly the same. However, when two cases have similar elements and different outcomes—one a winner for the injured worker, the other a loser—it is always interesting to study the differences between them. ... Apr 1, 2016 | Illinois Workers' Comp Info
While almost all city of Chicago workers are covered under the Illinois Worker’s Compensation Act, there are exceptions. City of Chicago employees who are not covered: Police officers Firefighters (Note: Disfigurement is covered, but everything else is not. I... Mar 18, 2016 | Illinois Workers' Comp Info, Workers' Compensation News
A construction worker fell 53 stories, struck a moving car, and died in downtown Los Angeles yesterday, as reported by CNN. It was only his second day on the job. Beyond how horrible and tragic such an event must be for the deceased worker’s family and friends, this... Mar 10, 2016 | Illinois Workers' Comp Info
Today, I had the opportunity to respond to a question of a prospective client regarding his amputated finger suffered in a work injury. He wondered if he would receive an offer of some kind, eventually. The answer is the workers’ compensation insurance company... Feb 17, 2016 | Illinois Workers' Comp Info
I have a suspicion about the most common mistake people make after they have Illinois work injuries: They don’t even get one single free consultation with an attorney. That’s right. The reason I cannot prove it is because I believe these people never call me. The... Jan 13, 2016 | Case Law News, Illinois Workers' Comp Info
An injured worker’s average weekly wage is one of the most important issues in a workers’ compensation claim. It dictates how much the injured worker will receive for temporary total disability payments (TTD), and what the permanent partial disability... Jan 5, 2016 | Illinois Workers' Comp Info
In the case of Tommy Oliver v. Illinois Workers’ Compensation Commission, Mr. Oliver was working as a pile driver for Rausch Construction on July 19, 2011 at a work site located at Belmont Harbor, which is on the shore of Lake Michigan in Chicago, Illinois. He stated... Dec 31, 2015 | Case Law News, Illinois Workers' Comp Info
The short answer is yes. In the recent decision of the Appellate Court, in the case of The City of Bridgeport v. Illinois Workers’ Compensation Commission, it was determined that the surviving spouse of an employee of the City was indeed entitled to... Dec 11, 2015 | Case Law News, Illinois Workers' Comp Info
In the case of Bolingbrook Police Department v. Illinois Workers’ Compensation Commission, a police officer named Michael Toles injured his back on February 17, 2009, while lifting his duty bag from a location at his personal residence into his personal vehicle, prior... Oct 19, 2015 | Illinois Workers' Comp Info
You can find a lot of information and advice on what TO do. This post will focus on what NOT to do, and some of the reasons why. 1.) DO NOT work through the pain instead of reporting it right away. If you do this, at least a few main problems are created down the... Oct 12, 2015 | Illinois Workers' Comp Info
On July 22, 2014, an arbitration decision on a case was filed with the Illinois Workers’ Compensation Commission in Chicago, Illinois, in the case of Elizabeth Ray, the employee, v. Apostolic Christian Skylines, the employer. The employer disputed the issue of... Oct 9, 2015 | Illinois Workers' Comp Info
On March 10, 2015, the Illinois Workers’ Compensation Commission decided the case of Betancourt, Petitioner, v. Oxy Dry Corporation, Respondent. This decision affirmed the decision of the arbitrator, in almost all aspects of the original decision. There was... Oct 5, 2015 | Illinois Workers' Comp Info
The Illinois Worker’s Compensation Act provides, under section 1(a)4, that employers may borrow or loan employees. Most of the companies that engage in this practice operate as staffing companies, or temp services. Some are labor companies, where employees are... Sep 21, 2015 | Illinois Workers' Comp Info
On November 19, 2013, an arbitrator filed his decision with the Illinois Workers’ Compensation Commission in the case of Susan Bidstrup, the injured worker, versus her employer, Northern Illinois University. The arbitrator ruled that on September 4, 2012, the... Aug 17, 2015 | Illinois Workers' Comp Info
In the state of Illinois, normally, an injured worker has three (3) years from the date of injury to file a workers’ compensation claim at the Illinois Workers’ Compensation Commission, or two (2) years from last date of payment of benefits, whichever is later. ... Jul 27, 2015 | Case Law News, Illinois Workers' Comp Info
When an injured employee’s work-related accident results in a permanent disability, the Illinois Workers’ Compensation Act allows various options in terms of the benefits available. Depending on the severity of the injury and the consequences thereof, both physical... Jul 20, 2015 | Case Law News, Illinois Workers' Comp Info
The Illinois Workers’ Compensation Act was enacted to provide a flow of benefits to compensate injured workers for lost wages and the loss of earning capacity in exchange for a bar on certain liabilities of employers. Included in this remedial legislation is a... Jul 14, 2015 | Case Law News, Work Comp Info
This interesting question was raised in the recent case of Jerry DiBenedetto v. City of Chicago, decided by the Appellate Court. After a trial before an arbitrator, Mr. DiBenedetto was awarded a wage differential of $982.67. The Illinois Workers’ Compensation... Jul 10, 2015 | Case Law News, Illinois Workers' Comp Info
Employers beware. Underreporting the number of workers employed allowed an insurance company for an Illinois employer to rescind the workers’ compensation policy of a construction company. On July 7, 2015, the Illinois Appellate Court Fourth District handed down a... Jun 30, 2015 | Case Law News, Work Comp Info
The protections of the Illinois Workers’ Compensation Act are not limited to those injured workers who sustain acute traumatic injuries. The Act also provides compensation to employees if the performance of that person’s job over the course of an extended period... Jun 26, 2015 | Case Law News, Work Comp Info
The Illinois Workers’ Compensation Act provides some flexibility in terms of the benefits available to compensate an employee for her/his permanent disability. One of these options is referred to as wage differential benefits. An injured worker qualifies for these... Jun 24, 2015 | Case Law News, Work Comp Info
Injured workers can establish entitlement to Permanent Total Disability benefits under the Illinois Workers’ Compensation Act in one of three ways: (1) medical evidence showing an inability to work; (2) a diligent but unsuccessful job search; or (3) demonstrating... Jun 16, 2015 | Work Comp Info
Pursuant to the law under the Illinois Workers’ Compensation Act, a workers’ compensation insurance company has the right to request that an injured worker sees a doctor of their choice for an “Independent Medical Exam,” which the injured worker is required to... Jun 15, 2015 | Work Comp Info
When you’re hurt at work, and start your worker’s compensation claim, it’s just the beginning of a long and difficult process. You might think that things are very straightforward: you can’t work, therefore, you shouldn’t. But you might not have taken into account how... Jun 12, 2015 | Case Law News, Work Comp Info
The Illinois Workers’ Compensation Act requires the employer to provide vocational rehabilitation services when an injured worker is unable to return to his/her pre-injury employment and s/he meets certain requirements. Vocational rehabilitation services can include... Jun 11, 2015 | Work Comp Info
In many fields of work, if you are injured on the job, your employer will send you to their occupational clinic. Often times, the occupational clinic does not have your best interests in mind. For example, here is a scenario: You work in construction, mostly at job... Jun 11, 2015 | Case Law News, Work Comp Info
Under certain circumstances, an injured worker can obtain Illinois workers’ compensation benefits for purely psychological injuries. These “mental-mental” cases occur when an injured worker sustains psychological injuries as a result of non-physical work-related... Jun 10, 2015 | Case Law News, Work Comp Info
The protection provided by the Illinois Workers’ Compensation Act is not limited to those injured workers who were hurt in Illinois. The Act also states that if an employee’s job is based outside the State of Illinois, s/he may still be eligible for Illinois workers’... Jun 5, 2015 | Workers' Compensation News
This bill has been recently amended. In essence, the amendments seek to hold the insurance industry’s feet to the fire with regard to excess profits not being passed on to policyholders. A synopsis of this bill’s latest amendment follows: Amends the Illinois... May 27, 2015 | Workers' Compensation News
Illinois Governor Bruce Rauner has introduced sweeping workers’ compensation reform bills in both the House and the Senate. House Bill 4223, filed by Republican Representative Jim Durkin, would require an injured worker to prove that an accidental injury arising out... May 21, 2015 | Workers' Compensation News
Late yesterday afternoon, an organization which is near and dear to my heart, the Workers’ Compensation Lawyers Association, sent an email to all of its members, alerting us to contact our State Representatives and to tell them that we oppose further changes to the... May 15, 2015 | Work Comp Info
The length of time that it can take for an Illinois workers’ compensation claim to be resolved can vary greatly, and depends on many factors. In many cases, patience and time is required in order for the injured worker to obtain the maximum value for his or her... May 14, 2015 | Work Comp Info
A workers’ compensation insurance company, third-party administrator or any other adjusting company in reality has a conflict of interest. Conflict exists because the company has received the premium from an insured employer or paid for a contract from a... May 11, 2015 | Workers' Compensation News
On May 5, 2015, the Illinois House of Representatives convened a hearing that went for some eight hours. Much of the eight hours included testimony and questions of injured workers who had been affected by this Compensation Act, some from the state of Indiana. Except... May 6, 2015 | Case Law News, Work Comp Info
Last week, the First District Appellate Court granted our Motion to Publish and issued its decision in Loyola University Medical Center v. The Illinois Workers’ Compensation Commission, 2015 IL (1st) 130984WC, as an opinion. The significance of this decision, and the... May 5, 2015 | Case Law News, Work Comp Info
On May 1, 2015, the Appellate Court of the Illinois Workers’ Compensation Commission Division had occasion to answer this question. The injured worker filed an application under the Workers’ Compensation Act, seeking benefits for injuries sustained while she was... Apr 29, 2015 | Occupational Safety and Health
In a recent post, Dr. David Michaels, the Assistant Secretary of Labor for Occupational Safety and Health, and Joseph A. Main, the Assistant Secretary of Labor for Mine Safety and Health, commented on their commitment to worker safety. About a year ago, a tower... Apr 24, 2015 | Wage Rights
On April 17, 2015, Dr. David Weil, the administrator of the Wage and Hour Division for the U.S. Department of Labor, commented how workers across America are denied wages that they earned and are legally entitled to. He used the example of Irma and José, and their 63... Apr 22, 2015 | Case Law News
The Illinois State Supreme Court filed a decision April 16, 2015 in the matter of Illinois State Treasurer versus the Illinois Workers’ Compensation Commission. In this case, the State Treasurer was acting as the custodian for the Injured Workers Benefit Fund, and was... Apr 20, 2015 | Work Comp Info
Twenty-seven years ago, in 1988, Illinois Governor James Thompson commissioned a study of the workers’ compensation system. Most significantly, the study concluded that an injured worker would be greatly handicapped by attempting to deal with the system without an... Apr 15, 2015 | Work Comp Info
Today, I would like to point out a few things that an injured worker should never do: 1.) You should never allow the workers’ compensation insurance carrier to record a statement over the phone. Statements are taken for the insurance company in order to try to obtain... Apr 13, 2015 | Work Comp Info
The Illinois Worker’s Compensation Commission website is at IWCC.IL.gov. On the website, you will find in a menu, down the left side, that there is a handbook on Workers’ Compensation and Occupational Diseases. It’s in three different languages: English, Spanish and... Dec 15, 2014 | Litigation News
The following letter to the editor by ITLA President John D. Cooney was published in The Madison County Record on December 12, 2014, in response to this letter. December 12, 2014 Dear Editor: Asbestos is the quintessential example of corporations knowing that they... Apr 25, 2014 | Workers' Compensation News
A letter by the President of the United States of America regrading Workers Memorial Day, 2014 BY THE PRESIDENT OF THE UNITED STATES OF AMERICA A PROCLAMATION America is built on the promise of opportunity. We believe that everyone should have a chance to succeed,...