Illinois Workers Compensation Law Blog

Is it a case? Depends on who you ask.

Mike Helfand — Wed, 16 May 2012 12:40:47 -0600

We received a call from a guy who wanted to know if I thought he had a case. Long story short is that he operates a forklift and has to keep his left foot pressing down on the break to make it lift. While he was doing that job, a vein in his leg burst.

The insurance company denied his case and their reasoning was that he was just sitting and standing while doing this job which is an activity the general public has to do. In other words, he could have just as easily burst his vein standing at home than he could at work. Being at work when hurt isn’t the same thing as being hurt because of work.

He accepted this decision until his wife encouraged him to seek a 2nd opinion. When talking to him we learned that he has to press down on the break and it requires some force by his leg. This isn’t something the general public does or he does in his normal every day life. In other words, his work activities, in my opinion, played a role in him getting hurt. If a doctor agrees that his pressing down on the break increased the chances of the vein bursting, he wins his case.

Of course if you ask the insurance company if you have a case, you can’t expect them to look out for you. They have a financial motivation to tell you that you have no case. Most insurance companies send a standard form letter when they deny a case instead of providing a real analysis as to why they think they owe you nothing. Sometimes they are right, but you would be foolish to take their word for it.

We are workers' compensation attorneys who help people with Illinois work injuries anywhere in IL via our statewide network of attorneys. Contact us and we will answer your questions or find the right lawyer for your situation.

5/16/12

Does Your Lawyer Care About The Doctor, Not You?

Mike Helfand — Mon, 14 May 2012 04:34:24 -0600

A reader tells us this story:

I've had a workman's comp. case going for about 2 years. My neck was injured from another employee running in to me and knocking me down. My lawyer really did nothing with it until a couple months ago. He called saying he couldn't do much with it, but the workman's comp. insurance would pay a little more than $6000 in settlement. Now I received a letter that he had been talking to the doctor that referred me to him.?? He says he has to pay the doctor $6000 of that in bills he wasn't paid 2 years ago? I questioned him on it, and the doctor never billed workman's comp., nor my insurance for whom he is a provider. I also have never received a bill. He originally said I was not responsible for workmans comp. bills. Now it sounds like he is splitting it with this doctor. This does not sound legal or ethical. What can I do?

We’ve written before that you need to look out for attorneys that get their cases referred to them by doctors. It’s not that this couldn’t be an honest relationship, but often it involves a tit for tat, e.g. you send me your clients, I’ll send you mine.

Usually a lawyer is going to represent you once and be done with you forever. If a doc is sending lots of cases, that’s an ongoing relationship that the attorney wants to protect. In other words, there is a danger that the lawyer will look out for the doctor more than they will look out for you.

This certainly seems to be happening in the e-mail we got from the reader. The answer is that yes all bills are supposed to be paid by work comp and if they aren’t then the lawyer should take the case to trial. This doctor failed to submit his bills which is a horror sign of how he runs his practice.

My advice to this reader is to not accept the settlement without the bills being paid. If the case is worth only $6,000 then the client should get his fair share. If only the doctor and lawyer are getting paid then what’s the whole point of even bringing a case?

To be fair, this is an unusual situation, but it happens as this e-mail clearly shows. Remember, you need to look out for you and if something doesn’t seem right you need to speak up. And if your lawyer only cares about the doctor and vice versa then dump them both.

5/14/12

You Don't Always Have A Specific Accident Date

Mike Helfand — Sat, 12 May 2012 04:34:36 -0600

The other morning I had a long consultation with a woman who was looking out for the best interests of her brother. He had worked in construction for his whole life and was having tremendous pain in his shoulder. He is a classic “tough guy” who has always treated aches and pains with Advil, but now he was having trouble sleeping because of the pain and could hardly lift his head above his head.

He didn’t think he had a case and his foreman told him the same thing because he couldn’t pinpoint a time and place when he got hurt. But not every Illinois work injury has to have a specific accident. Many injuries are the result of what is called repetitive trauma which is an injury caused by doing the same thing over and over.

In this case, the worker on a regular basis is lifting heavy materials and working with his hands over his head. His sister told me that he does that on average of an hour a day and has pretty much worked five days a week at least for over 20 years.

He told his foreman that he needed to see his doctor and now he’s been taken off the schedule which of course has him freaking out because he has a family to take care of. The silver lining is that if his doctor will state that he needs any restrictions and that his injuries are work related (I can’t imagine the doctor won’t say this) then the insurance company will have to continue to pay him until there is a job available within his restrictions.

This is a story we see all of the time and realistically speaking, this guy probably has a torn rotator cuff and is headed for surgery. All of his medical bills and time off work should be covered by workers’ compensation. It wouldn’t surprise me if he is never able to return to his regular job and while that would not be a good thing, again the silver lining is that they’d have to pay him until a new job within his restrictions is found.

The moral of the story which I tell people all of the time is that while no one wants to be hurt on the job, the law is there to protect workers. And this is true even if your injury is a result of doing the same types of activities over and over and over.

5/12/12

Seven Simple Tips On Illinois Work Comp

Mike Helfand — Thu, 10 May 2012 04:34:34 -0600

What should I do first?

If you are injured at work, there are a few things you should right away. You should get medical attention, notify your employer, and file a claim with the Illinois Workers’ Compensation Commission. Medical attention is the most important, obviously. In Illinois you are allowed to choose your doctor (there are limits, but that’s the general rule). Notifying your employer is important because there is a rule that you have to tell them within 45 days or your claim could be denied. Filing a claim (called an Application for Adjustment of Claim) is necessary if you want medical coverage and compensation for lost wages.

Can I sue my employer if my claim is denied?

No, but you can request a hearing in front of an arbitrator if your claim has been denied or if you aren’t receiving the benefits you are owed. If someone other than your employer was responsible for your injury, then you have the right to file a lawsuit against them. These are called third-party lawsuits.

What if my condition was pre-existing?

You should be entitled to benefits for a work injury even if you already had a medical condition or previous injury. You may be required to show that the work injury worsened your condition.

Do I need an attorney?

For straightforward claims on minor injuries where you expect to fully recover, you might not need an attorney. However, if your claim is denied, if your benefits are less than what they should be, or if your injury is serious and/or permanent, talking with an experienced work injury attorney can be important. Be careful when dealing with the insurance company on your own, because they might not be completely honest with you.

What is a status call?

Every three months, your case will be on the arbitrator’s schedule for a status call. At the call, you can request a trial, or present a settlement agreement. If nothing happens, the case is reset for another three months. If this goes on for too long, the arbitrator will want to know why the case isn’t progressing. They have the power to dismiss the case after three years if there is no good reason to continue.

What is arbitration?

In worker’s compensation claims, there are not judges and juries, but there are arbitrators. Their job is much like a judge’s – to help resolve disputes between injured workers and insurance companies. The process is called arbitration. There are arbitration locations throughout the state. Your case will be assigned to the location closest to where you were injured. If you were injured out of state, your case should be assigned to the location closest to where you live.

Can my employer fire me for filing a workers’ compensation claim?

No. It’s against the law for your employer to retaliate against you for filing a claim after a work injury.

5/10/12

You Are The Only Person That Has To Be Happy With A Settlement

Mike Helfand — Tue, 08 May 2012 04:34:02 -0600

The other day I had a pleasant conversation with a woman for an opinion on the settlement she was offered on her case. She had two knee surgeries and was cleared to return to work as a teacher. The problem is that no job was available for her to return to. She had been offered a good settlement (around $60,000), but all she really wanted was here job back. In fact, she told her lawyer that she’d take half the settlement offer if he could get her job back.

The lawyer was dismissive of her request because of course it would mean less money for him. It’s not typical that a settlement is based on getting re-employed and in this case the woman would be better off going through her union rep to try and get re-hired. But I found it sad that her attorney wouldn’t even make the request of the other side for this to happen. In life, you never know what you can get if you don’t ask for it.

When it comes to settling your case, a lawyer can lay out your best, worst and most likely options if you go to trial as well as the high and low range of settlement. In the end, while we can make recommendations, you have to be the one that lives with the result. If your expectations are unrealistic (e.g. you want to get a million dollars) then the lawyer shouldn’t waste their time with demands to the insurance company that would hurt your case. But if you are worried about future medical care or want to make a request for your job, your lawyer owes it to you to at least try and get the result that will satisfy you.

For an attorney, we want to help people, but of course we are also in business and want to make money for ourselves. In most cases that means fighting for the highest settlement possible. But lawyers can never lose sight of the fact that we represent people and we need to look out for what people want to make themselves happy. If we don’t do that then we are just sellouts and not worthy of this job.

5/8/12

Here Is One Way To Mess Up Your Case

Mike Helfand — Sun, 06 May 2012 04:34:44 -0600

So on Friday there was a crazy situation at the Illinois Workers’ Compensation Commission in Chicago. I wasn’t there and am not one to gossip, but when you hear the same story from multiple sources and it can provide a lesson to readers I have to share. And it’s really not even a lesson, but rather just crazy and funny because if you didn’t know not to do this then there is no helping you.

Apparently some injured worker was in the courtroom of Arbitrator Zanotti who is a new Arbitrator. From what I was told, the lawyer for this worker was asking to withdraw from the case and the lack of merit that the case had was being discussed. The worker did not like it and allegedly was becoming threatening and had to be forcibly restrained by the Illinois State Police that are in the building for security. A friend of mine was in the courtroom next door and said there was a lot of screaming and banging on the walls. It’s big news because while there have been incidents over there throughout the years, they are few and far between.

I can’t imagine that anyone I’d represent or that I’d refer to a colleague to represent would do something like this. But it’s surely the best way to mess up your case if you even had one to begin with. Showing the Arbitrator that you are a tad crazy is not going to endear you to them and even if this was just a momentary loss of reason, this case is likely over.

Fortunately nobody got hurt and life as we know it was able to move on. I feel sorry for whatever claimant had to go in that room after this all happened. I don’t know Arbitrator Zanotti, but have heard he’s very competent and objective which is all you can ask for. But it would be human nature to be on the edge for whoever was in there next. Which goes to show you that when you go to trial, it’s not always just the facts that matter. Sometimes the mood of a Judge can play a huge role.

5/6/12

Where Do You File Your Claim When You Are Hurt In The Sky?

Mike Helfand — Fri, 04 May 2012 04:34:09 -0600

Illinois law basically says that you can file a workers’ compensation claim in Illinois if one of three things can be proven: 1. You were hurt in Illinois; or 2. Your employment is principally based out of Illinois; or 3. Your contract for hire was completed in Illinois. But where do you file your case if you were hurt in the air?

Typically these types of injuries occur to flight attendants. For them, bringing a case depends on whether or not their home terminal is Illinois or if they were hired her. We recently took on the case of an Ohio flight attendant who technically is based out of Chicago, but isn’t often here. United workers, no matter where they are, can typically bring a case in Illinois based on a provision in their union contracts. So if they get hurt flying from LA to Australia, it won’t change their ability to bring a case in Illinois.

On the other hand, a few months back I received a call from a nice guy who was flying from Texas to Detroit and hurt his knee as a passenger in mid-air. He believes that the plane was flying over southern Illinois when the accident happened and wanted to know if that was enough to bring the case in Illinois. It’s a novel idea, but I don’t believe that he’d be able to make the case here without any other connections to Illinois. Air space really belongs to no one so he couldn’t really say he was hurt in Illinois. Had he been hurt at O’Hare airport or any other place on the ground in IL, that would have been enough to make a case here, even if that was the only time in his life he had been in our state. But without that he’s got nothing.

5/4/12

Illinois Work Comp - Risks Can Make or Break a Case

Mike Helfand — Wed, 02 May 2012 04:34:46 -0600

We reviewed a case recently of a worker that years ago had a seizure disorder. He took medication for it which got the problem under control. Unfortunately the meds made him feel bad so he stopped taking them.

Fast forward to a few months ago. He has a seizure at work and hits his head on the ground resulting in a broken nose and a concussion. It happened while he was working so he wanted to know if he had a workers’ compensation claim.

We didn’t take the case on. First, it’s arguable that he put himself at risk by not taking his meds. Reckless behavior can get your work comp case denied. But to me, there was nothing about the job that contributed to the ultimate injury. It just happened to be that he was at work when it happened.

My opinion would have been different if he had some risk with his job such as working on a ladder or scaffold. If he was up on the ladder when his seizure happened, his fall to the ground would have been much farther. There would be an increased risk of injury from something related to the job that is unique. In other words, whether at work or home or the store, you are often standing. But being on a ladder is more unique to the job. It’s not that you can’t ever be on a ladder (or scaffold or driving a forklift, etc.) outside of work, but doing that activity at work creates an increased risk of injury.

This is true for many types of cases. We once helped out a truck driver that had a stroke while driving. There was nothing about the job that caused the stroke, but being in a truck led to a crash that caused injuries and being in the middle of nowhere made it so he had to wait much longer for medical care.

Moral of the story is that if you have something physically wrong with you that leads to an accident, ask yourself if something about your job duties made things worse. If you can’t think of anything then there probably isn’t a case.

5/2/12

Is Your Lawyer Burned Out?

Mike Helfand — Mon, 30 Apr 2012 04:34:44 -0600

One of the reasons we created a state wide network of like-minded workers’ compensation attorneys is to make sure that the people that contacted us got connected with the right lawyer for their case. It’s an evolving list and if we don’t feel that a lawyer is delivering the type of good service and work that we and you expect, we stop recommending them.

There are a lot of unhappy attorneys out there. I LOVE what I do, but even I feel burned out some days. When I do I go hang out with my kids, work out, watch a ball game or take a vacation to charge the batteries. Fortunately, the days I feel run down are few and far between. Unfortunately, many lawyers (none that we recommend or work with) are really burned out and their clients are the ones that suffer. Usually you don’t realize that they don’t care until it’s too late. But there are some warning signs. If you see too much of the following, your attorney might not be in to their job anymore.

- Phone calls aren’t returned or are done only after many days.

- You can usually only talk to their assistant.

- They tell you that they are doing something on your case like write a letter or file a motion and it never happens.

- They yell at you or otherwise belittle you in some way.

- Your benefits get cut off and even though your doctor is in your corner, your attorney never files for a trial hearing.

- You show up to meet them and they look all disheveled. Not saying an attorney needs to be in a suit, I almost never wear one outside of court, weddings and funerals. But if they are unshaven and wearing a baseball hat when you see them, they might have just given up.

- There is a lot of turnover on their staff. Sometimes it means it’s just a bad place to work. Other times it means that the employees see the warning signs and are jumping ship.

These are just a few examples. We tell callers to stick with their attorney if they can, but you are allowed to switch if you realize that it’s best for you. It doesn’t cost you any more in attorney fees and if it’s the best thing for your life then you should at least consider it and/or confront your current lawyer about your unhappiness with them.

4/30/12

A Great Way To Help Your Case

Mike Helfand — Sat, 28 Apr 2012 04:34:35 -0600

Nobody I have ever met wants to get injured. I tell clients all the time about the guy I represented who received what I’ve been told is a record settlement for his back injury. He basically became stuck in his home because moving around was so painful and then he died of a massive heart attack. I don’t know anyone that would want to switch places with him dead or alive.

But if you do get injured, even if you are hiring an attorney, you must be invested in seeing that your case goes well. This mainly includes being honest and listening to what your doctor tells you. It also includes communicating with your attorney any developments. Beyond that though there is a great way you can help your case.

I advise many callers and clients that they should keep a journal of everything that is going on with them. For some it’s therapeutic, but from a legal standpoint you can aid your case. Hopefully you never have to go to trial, but if you do it’s a great re-fresher for you. Your injury might occur in April of 2012, but you might not be on a witness stand for years depending on the issues in the case. While a witness might struggle to recall years old events, you can look very credible and feel sure about yourself by having jotted important details down.

For example, one of the defenses to an accident is that the employee failed to notify the employer about the accident within 45 days. We’ve seen plenty of employers lie through their teeth about this issue. It becomes a he said – she said situation. If you are able to tell the Arbitrator that you are sure of the precise details because you wrote them all down right away it will make you look good and help him/her realize that you are telling the truth which of course is what this all about.

In some cases we’ve heard of these journals/timelines being admitted in to evidence as they support testimony. Either way, keeping a journal can help you and it can also help your lawyer have a road map to your case.

4/28/12

Sharing Evidence In Illinois Workers' Compensation Cases

Mike Helfand — Thu, 26 Apr 2012 04:34:57 -0600

A reader asks:

My work comp benefits were just cut off. The insurance company says they have surveillance video of me playing football. It’s not true! Don’t they have to turn that over to us so we can see the video??

The answer is that they do not as there is no discovery in workers’ compensation cases. In plain English that means that you don’t have to share information with them (other than the names of your doctors) and they don’t have to share information with you. While it is customary to show the other attorney surveillance video if you are using it as justification for terminating benefits, it’s not mandatory.

There are some Arbitrators that want video information shared before trial so the workers’ lawyer will have time to prepare for a cross examination, but again, that is not the law. If we know who the surveillance company is, we can try to subpoena those records, but this isn’t usually possible because we almost never know unless we know that an insurance company or law firm uses the same surveillance company over and over.

In these situations we can get the information by simply going to trial. If there’s a reasonable basis for your benefits getting terminated (which means you were being dishonest) we’d lose. Otherwise we’ll win and will likely hammer the insurance company for penalties that punishes their unreasonable behavior.

The reader that contacted me was stressed because his lawyer wasn’t doing anything. His case, like most contested cases in Illinois work comp is actually simple. If you have an attorney that is willing to get a case ready for trial, your problems can be solved. If not, you will suffer even when you did nothing wrong or in this case when it’s a case of mistaken identity.

4/26/12

Hurt on the job? Don't quit, even if you hate your job.

Mike Helfand — Tue, 24 Apr 2012 04:34:14 -0600

I was recently contacted by a nice guy who broke his ankle on the job. It lead to a surgery and when we talked he was in the middle of physical therapy. His job requires him to stand all day so he couldn’t return at that time. But he was very honest that he never wanted to return because he was worried about having to stand even when the doctor cleared him to do so and because his boss is a pain in the butt which caused him to not want to go back ever again. So he asked me, “Can I quit my job right now?”

My advice was to not quit. Right now he’s getting 2/3 of his wages tax free and will continue to do so until his doctor gives him a full duty release or the employer comes up with a light duty job for him. If he quits, he will stop getting paid if the employer says that there is magically now a light duty job open and he could have had it if he hadn’t quit. Many insurance companies will tell the employer to create a job when they know that will give them the green light to cut off benefits. He’d still get his medical care paid for, but would be without money.

Now if he had a good paying job lined up that would accommodate his restrictions, quitting might be ok as long as he is sure that the job will be long term and there’s no real risk of aggravating the injury on the new job. Otherwise, the time to quit is when you have a full duty release and your employer wants you back.

Either way, never quit a job after a work injury without at least getting a consultation with an experienced workers’ compensation attorney. Once you quit and lose some of your rights under the law, you typically can’t get them back.

4/24/12

Illinois work comp - smoke break injuries

Mike Helfand — Sun, 22 Apr 2012 04:34:09 -0600

It’s pretty much common sense that if you hurt yourself while working, you should receive Illinois workers’ compensation benefits. You lift a box and feel a pain in your back, that’s clearly a work related injury. What’s not necessarily common sense is that if you injure yourself while on a break you can also receive benefits.

Under the personal comfort doctrine, Illinois courts have found that an employer benefits when employees get rest time like smoke breaks, lunch, etc. So if you have an injury on one of those breaks, you might have a case if something about the job increases your risk for injury.

I just re-read what I wrote and it sounds confusing to even me so let me give you an example. Let’s say you are given 15 minutes a day to smoke, drink coffee, surf the internet, etc. You go outside of your building to smoke and while walking back in you slip on some ice and twist your knee. Even though you weren’t doing your job when you got hurt, you were at an increased risk of injury because of the ice. If that happened to you, you’d be eligible for benefits.

On the other hand, if you were smoking and dropped your cigarette, if your back just went out from bending over to pick it up, that would not be a case because you are not at an increased risk from anything related to your employer.

Bottom line is that you should never assume you don’t have a case. Call us or some other qualified law firm to review your situation and see what options you have.

4/22/12

"Who is the best workers' compensation lawyer in Illinois?"

Mike Helfand — Fri, 20 Apr 2012 04:34:36 -0600

This is a question that is asked of us a lot and in fact I heard it the other day. The answer is simple. There is no such thing as the "best."

What you really want to know is, who is the best work comp lawyer for you in Illinois. The answer for you is probably different than it would be for your cousin or someone that is two hours away in an Illinois town you’ve never been to. This is true because every case is unique.

So if you call us and are looking for the right law firm for your case, how do we determine which lawyer in our network is the right fit? There really is no one answer, but we consider the following:

-What type of injury do you have?

-Where do you live and which lawyers do a lot of work in that area and are have a good relationship with the Arbitrators?

-Does it seem that your case will settle or will a trial be needed?

-Is time of the essence for you? If your benefits have been cut off, you need a law firm that can act fast.

-Is there something that would make you as a client more comfortable such as having a lawyer that speaks a foreign language that you prefer to use?

-Who is your doctor and does the lawyer have a good relationship with him/her? This isn’t always a consideration, but it can be helpful with many orthopedic injuries.

Above all else, we don’t ever recommend an attorney whose primary practice focus is something other than work comp. If your attorney isn’t handling work injury cases every day of the week and keeping up with our changing laws, you are not in good hands. Beyond that, we make sure that every lawyer we recommend is willing to fight for their client and that they have great experience with your type of injury.

So there is no one thing that makes a lawyer the best. Always remember that you need to find the lawyer that is best for YOU.

4/20/12

Injured At Work In Illinois? You Are Covered

Mike Helfand — Wed, 18 Apr 2012 04:34:25 -0600

I had a call from a nice guy who was a manager at a Chicago area company. He got hurt when he slipped on a wet floor and tried to file for workers’ compensation benefits. He was told, allegedly by the insurance company that he was not covered because he had been promoted to manager.

Another recent caller had the misfortune of getting hurt on her first day on the job. Like the other caller, she was told that she was not covered because she hadn’t worked there long enough.

Finally, a few months back I received a call from a teenager who was hurt while working. His boss said that because he was a part time employee, workers’ compensation laws in Illinois did not apply to him.

Of course all of these people are eligible for Illinois workers’ compensation claims. It doesn’t matter if it’s your first day on the job, if you work part time or even if you are the CEO of a company. You are all covered and you can’t waive your rights to workers’ compensation benefits. The only exception to that is if you are an owner of a company.

So don’t listen to anyone that tells you otherwise. Always explore your options, especially when the person telling you “no” has a motivation for you not to receive what you are entitled to.

4/18/12

Are My Injuries Work Related?

Mike Helfand — Mon, 16 Apr 2012 04:34:52 -0600

If you are lifting a box at work and feel a pop in your back, you know for sure how you hurt yourself. Same thing is true if you slip on a wet floor or fall off of a ladder. But sometimes you have physical injuries that you believe are from work, but you don’t have an actual accident.

These are called repetitive trauma claims and they are quite common under Illinois workers’ compensation law. The most common repetitive use injury is carpal tunnel, but we have helped people with injuries to almost any body part including the back, knees, shoulders, feet and neck.

I recently received a call from a woman who was seeking the opinion of a Chicago workers’ compensation law firm. She is an auto technician who rotates tires and performs oil changes all day. She’s been on the job for two years and has had on again off again problems with her elbows and wrists. She mostly has taken care of it with Advil and trying to rest when she can, but the problems have gotten worse as of late. She called her doctor’s office and they asked if the injury was work related and she answered honestly that she didn’t know and was hoping the doctor could tell her.

Her honesty (which we always advise) actually caused a problem because the doctor wouldn’t give an appointment without knowing who would pay. She asked my advice and while I’m no doctor, it seems clear that her problems were caused or worsened by her job activities. So I told her to tell the doctor that the problem is work related. If she does this, as long as the doctor doesn’t disagree with her she will be fine. I don’t know how anyone can say that all the turning and twisting of her arms and wrists hasn’t played a role in this happening.

I haven’t heard back, but I’d be really stunned if things don’t work out for her. For you as a worker, the best advice you can get is to tell your doctor everything that you do on the job and the pain that you notice while working or right after. Be very descriptive as to the actual activities you are performing and how often you do them. Once you know or should know that these activities are work related, that is your accident date and you have to report this to your employer. After that happens, the normal Illinois work comp process plays itself out.

The moral of the story is that you shouldn’t freak out if you can’t determine the injury date or if there is no injury date. You just need some good guidance and medical care and everything else should take care of itself.

4/16/12

Illinois Workers For Injuries That Cause Scars

Mike Helfand — Sat, 14 Apr 2012 04:34:31 -0600

We received a call from a nice woman who unfortunately received many stitches from a cut on the job. Her question was whether or not she would be entitled to any compensation. The laceration happened two weeks before she called us.

The answer to that question is it depends. We need her to wait six months to see if there is a scar there at that time. If it is, she would be entitled to some sort of compensation depending on how bad the scar is. It’s completely subjective and the value would be based on how big it is, where it’s located (scars on the face are worth more), whether or not it’s raised, the color and anything else about the appearance.

When we can’t agree with an insurance company what a scar is worth, we typically just bring the client before the Arbitrator and get their opinion because they don’t need any other evidence other than to look at the client. And if the Arbitrator offers you an opinion it would usually be dumb not to take it when it comes to a scar case. That said, we do, when appropriate, present the Arbitrator with past decisions that we think should influence his/her findings.

The only time a scar doesn’t have any value is when it’s above the knee or below the breast line. The theory is that these areas are usually covered so the scar shouldn’t cause any harm. I totally disagree with that line of thinking, but that is what the law says. However, if you have a scar in those areas, most of the time we can get some compensation for you under a permanency theory.

Finally, I once had a caller ask if they could get plastic surgery to reduce the appearance of an ugly face scar. My opinion is that if a doctor deems it medically necessary and it stems from a work accident, then you should be able to make the insurance company pay for it.

4/14/12

Why We Don't Tell You What Doctor To Go To For Treatment

Mike Helfand — Thu, 12 Apr 2012 04:34:45 -0600

About once a week I get a call or a letter from a doctor or chiropractor that goes something like this. I’m writing what they mean, not what they directly say:

Dear Mr. Helfand:

I am a board certified pain specialist. I just opened up a new clinic and I need patients. I know nothing about you, but I’d be happy to refer my patients to you so you can be their lawyer if you are willing to refer your clients to me so I can be their doctor. I realize that might not be in our clients best interests, but you and I both know that it’s going to make us a lot of money. So what do you say? Let’s do it!!!

Sincerely,

Doc that needs clients.

I know that this what they mean because when they do call, it’s very obvious. When I ask why they would recommend me when they don’t know me, they tell me that it’s because we can help each other.

I politely decline all of these invitations and always will. To do otherwise would make me feel like a scummy real estate agent that tells you to buy a house so they can get a commission when they know that there are 20 things wrong with it. I like to go to bed at night with a clear conscience and I always will because I’ll never tell you who you have to see for your medical care.

Plenty of Illinois workers’ compensation attorneys sleep fine at night while still telling their clients to see a doctor who helps the attorney and not the client. If you ask me an opinion of a doctor, I’ll offer it, but I’ll never tell you that you have to see Dr. so and so. It’s just wrong.

Aside from being morally wrong, going to the doctor your lawyer picks could blow up your case. If you are ever on trial and the insurance company attorney asks you how you chose your doctor and you answer honestly that “my lawyer told me to go there” then you both look bad as does the doctor. If an Arbitrator has any reason not to find that the doctor is credible, he can toss out the case. To me, knowing that the doctor who is testifying on your behalf has a motivation to help you and me would cause most Arbitrators to wonder how honest he is.

Fortunately, for most of Illinois there are plenty of great and honest physicians and thanks to the internet you can usually find them on your own. But if you are with a work comp lawyer that insists that your medical care be with a certain group, it’s a huge red flag and you should probably avoid it.

4/12/12

The Importance Of Hiring A Lawyer That Only Handles Illinois Work Comp Claims

Mike Helfand — Tue, 10 Apr 2012 09:58:57 -0600

Attorneys in Illinois can’t call themselves specialists or experts. And if a client walks through the door and asks for help, the lawyer doesn’t have to tell them that they’ve never handled that type of case before or have really limited experience. Most attorneys see dollar signs when a good case is mentioned. So instead of referring a case to another law firm, they try to handle it themselves even when they know it might not be best for the client.

It’s likely obvious to you why you’d want to hire a lawyer that handles Illinois work injuries 100% of their time working as compared to a lawyer that dabbles in it, but also handles divorce, bankruptcy, car accidents and DUI. But there are other not as obvious reasons to hire a firm that’s really focused on work injuries.

The law is constantly changing as a result of Illinois Appellate Court decisions. If you aren’t following these changes closely it could be a disaster for your client. For example, the work comp system has always said that a shoulder injury was classified as an arm injury. When you settle a case, you are given a certain percentage for loss of use of the arm, e.g. 30% loss of the arm. Under Illinois law, if you hurt that arm again, your employer is entitled to a credit for what they’ve already paid you percentage wise. So if the new injury is worth 40% of an arm, they’d only have to pay you 10% in new money. If it was a minor injury, because of the credit they might not owe anything for a settlement.

This all changed in February when the Appellate Court ruled that shoulder injuries should be considered “man as a whole” claims like the back or neck. This is important because insurance companies get no credit for these payments. So if you hurt your shoulder and get a settlement now, if you break your elbow (which is an arm injury), you’ll get the full value of that case when it settles too.

I know that this is probably the most legally mumbo jumbo I’ve been on this blog and if you are confused by what I mean just ask. But the big picture is that when you get a jack of all trades attorney they certainly could do a good job for you, they certainly don’t give you the best shot. And when the law changes, their ignorance could cost you tens of thousands of dollars.

4/10/12

New Strategy Against United Airlines Injured Workers???

Mike Helfand — Sun, 08 Apr 2012 04:34:59 -0600

I received a phone call from a woman the other day who injured her leg as a flight attendant while working for United. Her call was prompted by a lack of return phone calls from the insurance carrier, Gallagher Bassett. While I was on the phone with her I got an e-mail from a United pilot. Wouldn’t you know it, that pilot was contacting me because the insurance adjuster didn’t call him back. And an hour after that I received another call from a United Airlines injured worker who was not able to get an insurance adjuster to speak with them.

We do get a lot of United phone calls and any United Airlines employee in the US can bring their claim out of Illinois. But to get three in an hour is very unusual. It is beyond interesting that they may be changing their strategy of how they deal with workers, especially since it seems to be backfiring on them. But a lot of insurance companies are trying to “act tough” with workers these days. I guess they assume that if they ignore you, you’ll go away. That’s just dumb, but they aren’t looking out for you, they’re looking out for their own bottom line.

We’ll see if this was a one time occurrence or a new trend. United does have a lot of injured workers as many of their jobs are high risk. We’ve helped a lot of these callers over the years and of course would be happy to help you.

4/8/12