Illinois Lawyer Referrals and Legal Guidance

The Illinois Workers' Compensation Act, Sections 1-3 The Illinois Workers' Compensation Act, Section 4 The Illinois Workers' Compensation Act, Sections 5-7 The Illinois Workers' Compensation Act, Sections 8 The Illinois Workers' Compensation Act, Sections 9-13 The Illinois Workers' Compensation Act, Sections 14-16 The Illinois Workers' Compensation Act, Sections 17-19 The Illinois Workers' Compensation Act, Sections 20-25 The Illinois Workers' Compensation Act, Sections 26-30 Analysis of Important Workers' Compensation Decisions Application for Adjustment of Claim Carpal Tunnel Syndrome Chicago Claims Common Questions Common terms in Illinois workers' compensation Crime and Punishment in the Workers' Compensation Act Elbow Injuries in Illinois workers' compensation claims Frequently asked questions about Illinois workers' compensation Illegal Aliens and Illinois Workers' Compensation Benefits Illinois temporary total disability benefits (TTD) Illinois Workers' Compensation Commission Illinois Workers' Compensation Overview Illinois workers' compensation settlements Illinois Workers Compensation, PPD and TTD Rates Knee Injuries in Illinois workers' compensation claims Locations for Illinois work accident arbitrations Medical benefits in Illinois workers' compensation claims Medical Fee Schedule of February 1, 2006 New changes to the Illinois workers' compensation act Plantar Fasciitis and Illinois Work Injuries Recent Decisions at the Illinois Workers' Compensation Commission Reflex Sympathetic Dystrophy (RDS) or Complex Regional Pain Syndrome Shoulder Injuries in Illinois workers' compensation claims Spinal Injuries in workers' compensation claims Stages of an Illinois worker's compensation claims Statute of Limitations for Illinois Workers' Compensation Claims The Workers' Compensation Commission in Chicago Types of injuries in Illinois workers' compensation claims Wage Differential Law in Illinois Workers' Compensation Claims What makes a great Illinois workers' compensation lawyer? What is Hiring a Workers’ Compensation Lawyer Going to Cost? Can I Receive Workers’ Compensation If My Condition is Pre-existing? Where Should I Look For a Workers’ Compensation Lawyer? Random Illinois Workers’ Compensation Facts

Your employer may say you are an independent contractor, but if you are hurt on the job you may still be able to get Illinois workers’ compensation benefits.

Many companies in Illinois try to call their employees “independent contractors.” They usually do this to try and save money on taxes. The reality is that a lot of these so called “independent contractors” are actually employees under the law.

If you are hurt working for an employer in Chicago or anywhere else in Illinois and benefits are denied because you are an “independent contractor” you should call us at 312-346-5320 to see if you are entitled to benefits.

The general evaluation we use to see if we can help get you benefits is whether or not your employer had control over you. In other words, did they prevent you from working elsewhere, tell you how to do the job, require certain hours, provide equipment, give you a uniform, etc. The more that is true, the more likely it is you will prevail.

Recently a construction worker in Chicago won job injury benefits even though he was called an independent contractor and taxes weren’t taken out of his paycheck. The Illinois Workers’ Compensation Commission ruled that because the employer provided instructions and had control over him he was an employee.

Chicago cab drivers or taxi drivers in other cities may need their own workers’ compensation insurance.

Although taxi drivers lease equipment from a taxi company, they are not usually employees under Illinois law because the company doesn’t have a right of control over them. In other words, for the most part, these drivers can show up when they want, work when they want and as usually drive where they want or refuse to go somewhere. This isn’t always true, but if you are injured while driving a taxi, hopefully you have checked into whether or not you are covered under your employer’s policy or have your own policy. Especially with the bad winter weather, it’s a huge risk to go without coverage.

If you fall on your employer’s property and are hurt, you still have to show some risk factor or work factor contributed to your injury.

We were recently called by someone looking for a workers’ compensation attorney in Chicago, Evanston or Skokie, near their home and office. They had tripped over their untied shoelace and broken a wrist bone. Unfortunately because this person essentially tripped over his own two feet we could not help him.

On the other hand, we got a call for a Schaumburg workers’ compensation lawyer recently where the woman who called tore her rotator cuff while bracing herself after stumbling while carrying files to a meeting. Because the fall occurred while she was carrying work documents, the injury arose out of her employment and we were able to help her get benefits.

Does this sound confusing? If so or if you want a workers compensation referral for Chicago or any other part of IL, please call us at (312) 346-5320.

1. Report your injury to your employer and fill out an accident form in writing.
2. Get medical treatment and tell your doctor how you hurt yourself.
3. ReportIf you aren’t feeling well, get medical treatment. If there is a significant gap in your medical treatment then you could have problems with your case. Of course, if you feel fine then don’t get unnecessary treatment.
4. Don’t embellish. If you tell a doctor that your pain is so bad that you can’t lift your grandson and then are seen doing yard work, not only are you hurting your case, but you could be charged with insurance fraud. Tell the truth and things will work out for the best.
5. Communicate. Whether it be with your doctor, lawyer or employer, let people know if anything changes with your condition.

You can’t sue your employer for negligence, but you can sue their parent company.

It’s well settled law in Illinois that if you are hurt on the job you can’t sue your employer for negligence. So if you slip on a wet floor after you spilled water or if you slip on a waxed floor that wasn’t labeled a danger, you have only one option, pursue workers’ compensation benefits. You can’t file a lawsuit unless your employer intentionally hurts you. This is known as the exclusive remedy provision.

But based on a Supreme Court ruling, if decisions by your employer are made by a parent company that effect your safety, you might be able to sue the parent company for negligence. For example, let’s say you work for a restaurant chain and they have a parent company that forces them to eliminate all safety training classes. If your employer brings in a new machine that it dangerous and doesn’t provide training because of the budget cuts, if you got hurt you might be able to sue the parent company with the theory that it was reasonably foreseeable that their actions could lead to an injury.

Does this sound confusing? It can be. If you would like our help or an attorney referral, please call us at (312) 346-5320.

You can't sue your employer for negligence, but if there is a parent company you might be able to sue them.

In a recent Illinois wrongful death lawsuit, the Illinois Supreme Court ruled that the parent company of the employer could be sued for their negligence. Under the exclusivity provision of the Illinois Workers' Compensation Act, an employer can not be sued for negligence. This exists because workers compensation laws in Illinois are "no fault" laws. In other words, a worker can be hurt on the job due to their own error, but they can still recover work comp benefits. In exchange for this, employers are granted immunity from civil lawsuits by their employees for on the job injury.

In the recent Supreme Court case, it was argued that the parent company of the employer was directing all of the business decisions including minimizing costs for training and safety. The plaintiffs alleged that this caused unqualified workers to perform dangerous jobs, ultimately resulting in two deaths. The court agreed and reinstated the case to be heard at the Circuit Court level. The Court made clear that the parent company can't just be sued for mismanaging the budget. Rather it must be shown that they directed or authorized the way activities should be performed, disregarding the interests and discretion of the direct employer.

Does this sound confusing? If you have any questions or need a workers compensation attorney in IL, please call us at (312) 346-5320.

New maximum permanent partial disability rates announced.

The Illinois Workers' Compensation Commission announced that the new maximum permanent partial disability (PPD) rate for injuries sustained between July 1, 2006 and June 30, 2007 would be $619.97. The PPD rate is the dollar amount used to help calculate what a work injury settlement or arbitration award. We reach this figure by taking 60% of your average weekly wage. For example, if you made $1,000.00 a week, your permanency rate would be $600.00. The amount your case would be worth would be dependent on the severity of your injury. If you made $2,000.00 a week, even though 60% of that is $1,200.00, your PPD rate would be $619.97 because that is the maximum rate for work injuries in the last year. Please note that the PPD rate maximum is based on the date of your injury, not when you file your claim.

Just because an employee is called an independent contractor does not mean that they are one in the eyes of the Illinois Workers' Compensation Commission.

In a case recently decided in Cook County by the workers compensation Commissioners in Chicago, an injured worker was awarded workman's compensation benefits even though they had signed a document that stated they are an independent contractor and no taxes were taken out of their pay check.

The reason this worker prevailed was because under Illinois workers' compensation laws, the test to determine if someone is an employee or not is not based on just one thing. Other factors include the right to control where an employee works, when they do the job, are they limited from working elsewhere, are they provided tools/equipment, is there a uniform, etc.

In the Chicago case, the worker was forbidden from working for a competitor and had set hours where he had to be on the employer's premises. The employer also gave daily instructions and provided the tools for the job. In sum, the employer exercised a "right of control" over the employee and as a result he was not an independent contractor.

Chicago Workers Compensation Commission awards permanent disability benefits to injured worker who didn't search for a job and did not cooperate in vocational rehabilitation.

In a unique ruling, a former laborer for in Chicago was awarded permanent disability benefits because he had two knee replacements, severe restrictions and only a 6th grade education. The Arbitrator found him obviously permanently disabled and awarded benefits even though the injured worker did not conduct a job search or cooperate with his employer's efforts to find him a job.

Please note that this is an odd and unique ruling and we always recommend that if vocational rehabilitation is offered as part of a work comp claim that an injured worker cooperate.

In calculating an average weekly wage in an Illinois work comp claim, the Arbitrator can't rely on just one pay stub.

In a recent hearing at the Illinois Workers' Compensation Commission, an Arbitrator awarded benefits based on a 48 hour work week instead of the usual 40 hour work week. To support his decision, the Arbitrator cited the one pay stub that was admitted into evidence. In over-turning the decision, the Commission found that one pay stub was not sufficient evidence to support an average work week of 48 hours.

Whether you are an injured worker or an employer, the bottom line is that you have to get your evidence in order. An Arbitrator and the Commission can only rule based on the evidence that is before them. Work with your attorney to get all of the evidence you need properly presented to the Arbitrator or be prepared to live with the results.

There are more Chicago workers compensation lawyers than in any part of the state of Illinois.

Unlike many other areas of law, workers' compensation is what we call a "volume practice." By that we mean the attorneys that handle these cases typically have a lot of clients (100 on average) where as a medical malpractice attorney may only have 5-10 at one time.

When looking for a work injury law firm in Chicago or anywhere else, we always recommend that people hire an attorney who day in and day out does nothing but represent injured workers. You typically find lawyers that fit that description in Chicago because there are more cases at the Illinois Workers' Compensation Commission in Chicago than the rest of the state combined. In addition, these lawyers not only handle most of the cases that are heard in Chicago, but if you were to go to work injury hearings in Waukegan, Joliet, Wheaton, Geneva, Woodstock, Ottawa, Rockford and Kankakee, you would find that the great majority of attorneys representing both injured workers as well as the employers are based out of Chicago.

Even as you get away from Chicago, many of the workers compensation attorneys in Peoria, Springfield, Decatur and even far south in Mt. Vernon and Quincy are actually based out of Chicago workers compensation law firms. Because it is a volume practice, it makes sense for their clients to go everywhere. If you need help with a claim, whether you are an employer or worker, you would be wise to get one of these lawyers that only handles Illinois workers' compensation hearings.

Have I formally filed a claim for the work accident I recently had in Chicago?

This was a question we recently received from a caller who was hurt on the job and felt that everything was going ok with their accident. The answer to their question is that until you have filed an "application for adjustment of claim", your claim is not officially filed with anyone. An application for adjustment of claim is the document that is filed with the Workers' Compensation Commission in Chicago. This gets you a state assigned case number and also an assignment to an Arbitrator in case any disputes occur in your claim. Please note that you have the later of three years from the date of your accident or two years from the last payment of compensation in order to file an application for adjustment of claim or your case will be forever barred.

If you have any questions or would like a referral to a Chicago workers compensation law firm, please call us at (312) 346-5320.

If your boss makes you work a job he hasn't trained you on you can't sue if you get hurt, but if he punches you in the face you can.

Two recent calls presented unique scenarios that we thought our readers would be interested in. One caller was hurt while working at his job in Chicago and received workers' compensation benefits. He wanted to know if he could sue his employer because the boss made him work a job that he had no training on and that is what he believes caused his injury. That person does not have a lawsuit against his boss or his company because you can not sue your employer for negligence in Illinois as relates to a work injury. This also means you can't sue co-workers that were negligent.

A second caller got into a disagreement with his boss and was punched in the face, resulting in a broken nose. Because the argument dealt with a work issue, the caller was able to receive workers compensation benefits through the Chicago Workers' Compensation Commission. He also has a potential lawsuit against his boss who punched him because the punch was an intentional act, not an act of negligence.

Chicago firefighters aren't entitled to workers' compensation benefits under Illinois workers' compensation law.

There is a rule in the Illinois Workers' Compensation Act that says if you are a fire fighter in a city with more than 200,000 people in it and are injured on the job, you are not entitled to workers' compensation benefits. In other words, a Chicago firefighter could have the same accident as an Evanston firefighter while helping each other out in the same big fire; yet the Evanston firefighter would be the only one who could pursue Illinois workers' compensation benefits.

The good news for Chicago firefighters is that their union contract entitles them to benefits that are comparable to what other workers get and offers them long term protection and help for job related injuries.

Overtime is not mandatory when calculating your average weekly wage in a workers' compensation claim in Illinois.

If you are injured on the job in Illinois, you are entitled to 2/3 of your average weekly wage for the time that you are temporarily totally disabled, e.g. authorized off work by your doctor or you have restrictions that your employer can not accommodate. In figuring out this dollar amount, your Chicago workers compensation lawyer will look at your average weekly wage for the last 52 weeks, excluding weeks where you didn't work.

If you worked overtime, it could be included, albeit at a straight time rate. However, just because you worked overtime doesn't mean that it is part of your average weekly wage. Although there are a variety of requirements, most of all you must show that your working overtime was mandatory. You also may be required to show that your overtime hours were a part of your regular employment and consistent every week. Otherwise your wages will be based on a 40 hour work week.

Taking a short cut doesn't bar benefits.

In a recent case decided by the workers' compensation Commission in Chicago, an employee who cut across a grassy area to a parking lot rather than take a designated pathway was able to receive benefits. This happened even though a supervisor testified the worker was told not to take the short cut. The injured worker prevailed in part because many other employees took the same path as well as the Arbitrator finding that the designated pathway was somewhat obstructed.

If you have questions about this case or are looking for a Chicago workers compensation law firm, please call us at (312) 346-5320.

Jumping over a bar is reckless conduct, not a compensable injury.

A bartender jumped over her bar at work in an effort to get to a jukebox faster and serve patrons in a timely manner. While jumping over the bar, the bartender injured her knee. Because the owner of the bar specifically forbade employees from jumping on the bar, the injury was the result of reckless conduct and not a compensable injury. A lot of people think that if they sustain an injury while working in Illinois that they will receive benefits. That is not true as you also have to show that you weren't violating a company rule and that your injury arose out of and in the course of your employment. If you would like a referral to a Chicago workers compensation law firm or have any questions, please call us at (312) 346-5320.

When is the right time to file my workers' compensation claim?

We are often called by workers who have been injured in Chicago, Cook County or elsewhere in Illinois. A common question is, when is the right time to retain a lawyer? Every case is different, but in most matters we feel that the sooner you hire a lawyer, the better. We feel this way for a few reasons.

First, a lawyer works for a percentage of what they recover when the case is over. You are going to pay them the same amount no matter when you hire them. You might as well have them as a security blanket in case anything goes wrong and as a resource to ask questions.

Second, hiring an experienced work injury attorney levels the playing field. The insurance company is represented by experienced, trained adjusters. While they are often nice, they also are working to save their company money. Many times they will do things that violate the Illinois workers comp laws like talking directly to your doctor. Getting a lawyer to help you isn't a lawsuit and it doesn't mean their will be a fight. But it does mean that the playing field will be even, you will be protected and you can focus on getting better.

Finally, if something does go wrong with your claim and a case hasn't been formally filed and you don't have a lawyer up to speed on your situation, that could delay by many months the time before which you can get before an arbitrator which means you could be without medical treatment and/or payment for your time off work.

In general, we suggest being pro-active instead of being reactive. If you would like a recommendation to a Chicago workers' compensation lawyer or an attorney anywhere else in Illinois please call us at (312) 346-5320.

Estate of janitor shot on the job fails to win death benefits even though he was working in a high crime area

Typically in Chicago workers' compensation claims, when a worker is hurt on the job as a result of a crime and they can show that they work in a high crime area, they will receive workers comp benefits. They still have to show that their injury arose out of their employment. In a recent case, a man was shot and killed on the job, working in a high crime neighborhood as a custodian. While a police officer testified that it was an above-average crime area, evidence was also presented that the decedent was in a gang. Because evidence was presented that showed he was the intended target of the attack, the arbitrator and the Commission on review felt that the petitioner did not prove that the shooting arose out of the decedent's employment.

Remember, in Illinois work injury claims, the burden is on the worker to prove by a preponderance of the evidence that their injury arose out of and in the course of their employment. Otherwise, someone who wanted to commit workers compensation fraud could scheme with a friend to attack them on the job and then receive benefits they don't deserve.

Arbitrator's Cronin and Gomora to switch positions

Starting with the December 28th status call, Arbitrator Gomora will now be hearing Arbitrator Cronin's cases and Arbitrator Cronin will be hearing all pro se contract approvals heard at the Chicago Workers' Compensation Commission.

Worker failed to prove that employment conditions caused his skin rash.

A repairman developed a rash while working in the biomedical department of a hospital. He claimed that his work uniform caused the rash. The result of a medical test showed that either a drug reaction or scabies, not the uniform, caused the rash. The arbitrator denied Illinois workers compensation benefits because the worker could not prove that the uniform caused his rash.

Can workers recover from injuries that result from their own negligence?

Security guard recovers for injury despite her own negligence.

A security guard at a shopping mall was asked by one of the restaurant managers in the mall to take an unruly patron out of the restaurant and into the parking lot. The security guard took the patron out to the lot, but then negligently continued to argue with the patron as she was getting into her vehicle. Ultimately, the patron hit and dragged the security guard with her car. The Commission held that although the injury resulted from the security guard’s own negligence, that negligence did not take her out of the sphere of her employment, because she was not undertaking any actions for her own personal benefit. Thus, when an employee acts negligently while undertaking an action for his or her employer, any injuries that result are compensable.

Is walking down a flight of stairs an increased risk of employment for workers’ comp benefits?
Janitor receives medical benefits for injuries sustained while walking down dangerous stairwell.

When a janitor descended a flight of stairs to check for leaking pipes in his employer’s basement, he slipped and injured himself. The stairs were worn down and the handrail was missing. Although the employer’s insurance company tried to argue that walking down a flight of stairs is not an increased risk due to employment, the Commission awarded the janitor $4,354.50 for his medical expenses. Although walking down a flight of stairs may not seem like an increased risk of employment, the condition of the stairs, particularly the missing railing, is what caused the Commission to find that it was an increased risk of employment.

Can workers recover for work accidents that aggravate preexisting injuries?
Fast food restaurant worker trips over french-fry filtering machine and aggravates osteoarthritis.

After a fast food worker was diagnosed with osteoarthritis, she tripped over a french-fry filtering machine at work. The Commission found that the restaurant should pay for her condition. Although the condition existed before the time of the accident, the Commission found that it was worsened and accelerated by the accident. In general, for workers' compensation claims in Chicago or anywhere in Illinois, even if you have a pre-existing condition, if your job aggravated or accelerated your condition, you should be able to receive workers comp benefits under Illinois law.

Can a worker recover when hit by a coworker’s car in a company lot?

After the end of a workday, a laborer in the recycling business went to his employer’s parking lot and was struck by another worker’s car. Because the employer controlled the lot, and because the accident was caused in part by a “mass and speedy exodus” from the lot by employees, the worker was eligible for workers’ compensation benefits. The Commission relied on the basic principle that when a condition at work exposes laborers to risk that is greater than what the general public faces, any injuries arising from that condition are compensable.

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