Chicago Workers' Compensation Attorney Blog

Last Sunday, the Chicago Tribune published an article about a man who found himself facing bankruptcy because of an insurance company’s interpretation of the Illinois Workers’ Compensation Act. According to the article, the man was severely injured in a work-related accident that occurred on the farm that he rented. His medical bills ultimately rose above $87,000.

The man did have health insurance through a second job, which was in manufacturing. However, his insurance company claimed that his plan did not cover injuries suffered while at work (as long as that work was for profit). The insurance company suggested that the man should file a claim for workers’ compensation benefits.

In fact, most injuries suffered as part of farm-related work are not covered under the Illinois Workers’ Compensation Act. According to the Tribune article, after the Department of Insurance opened an investigation into the denial of coverage for the man’s injuries, and after the Department’s Director stated in an email that the company’s assertions about workers’ compensation coverage were incorrect, the insurance company did begin to pay the worker’s medical bills.

People who suffer work-related injuries in Illinois and are not sure whether or not they qualify for workers’ compensation benefits should consult with an experienced Illinois workers’ compensation attorney. The Illinois Workers Compensation Commission website (though somewhat difficult to navigate) also offers a lot of useful information, including answers to several lists of Frequently Asked Questions.

Continue reading " Illinois Man Improperly Instructed to File Workers’ Compensation Claim " »

In an important opinion issued earlier this year, the Illinois Supreme Court filled in a crack that had begun to develop in the foundation of Illinois’ workers’ compensation system. The case involved a carpenter who suffered work-related injuries while employed by Interstate Scaffolding, Inc. The injured employee returned to work soon after; however, for nearly two years after the injury, he continued to suffer pain and numbness, and continued in turn to undergo various diagnostic tests and treatments. He was ordered by doctors to stop working from some time, and then allowed to return under “light duty” conditions. Throughout this period, he received either total temporary disability payments or maintenance benefits (for the periods when he was working in a light duty position).

Nearly two years after suffering the injury, the employee was fired, allegedly for writing graffiti on the shelves of a storage room at work. At that point, the worker’s medical condition had not stabilized, and he had not reached the maximum level of medical improvement (the point at which, under Illinois law, he would have stopped receiving disability payments). Still, his employer stopped paying the workers’ compensation benefits, claiming that a worker who voluntarily commits an action that leads to his dismissal is not entitled to workers’ compensation payments beyond the date of the dismissal. A lower court agreed.

However, the Illinois Supreme Court focused on the fact that the “fundamental purpose” of the Illinois Workers’ Compensation Act is to protect workers financially until they are able to return to work. According to the Act, as interpreted by the Court, an injured employee may lose his or her right to workers’ compensation benefits if he or she refuses to undergo necessary medical treatment, or fails to cooperate with rehabilitation or vocational placement efforts—but does not lose those rights simply by getting fired (whether for good cause or not) while still needing and receiving medical treatment for a work-related injury.

Continue reading " Illinois Workers’ Compensation Benefits Don’t End Automatically When an Employee is Discharged " »

According to the Illinois Workers’ Compensation Commission Annual Report for fiscal year 2008 (the most recent one available), each year, workers suffer approximately 250,000 work-related injuries in Illinois. Of those, approximately 60,000 lead to claims filed with the Commission.

The Commission holds hearings at a number of sites throughout the state, and cases are filed in the hearing site closest to the location where the injury occurred. In 2008, 22,818 claims were filed at the Chicago site.

Of the number of cases that reached a resolution in 2008, 87% ended through settlements, rather than contested hearings. An additional 9% of the cases were dismissed.

According to the same report, in 83% of the cases in which a worker filed an application with the Commission, the worker was represented by an attorney. However, cases may also settle without an application ever being filed; in such cases, the settlement contract (which still has to be filed with the Commission) is called an “original settlement.” In 2008, in 95% of the cases in which the parties reached “original settlements” (settlements reached before a claim was ever filed), the injured workers involved had not been represented by an attorney.

It is important for a claimant to know that, if an injured worker’s condition changes within 30-60 months of a decision or settlement reached in his or her workers’ compensation case, either the worker or the employee may return to the Commission and ask for a modification of the decision or agreement reached earlier. However, in 2008 only 118 cases involved such post-award petitions, and only 25% of the requested modifications were approved.

Continue reading " Illinois Workers’ Compensation Claims and Settlements " »

A recent article in Risk & Insurance Magazine details a 2008 study by the Worker’s Compensation Research Institute, which showed that workers injured on the job in Illinois were more likely to receive a lump-sum payment than workers who suffered similar injuries in other states.

Another interesting finding was that, when compared to other states, Illinois had a higher rate of attorney involvement on the defense side—in other words, attorneys seeking to defend employers and insurance companies against workers’ compensation claims. The study showed that once defense attorneys became involved in a case, the course of the case through the Illinois workers’ compensation dispute resolution process became more “routine”—and the payment per claim in such cases was substantially lower than in similar cases in other states.

If you are considering filing a workers’ compensation claim in Illinois, or if you’ve already begun the claim process and a defense attorney has become involved in the case, you owe it to yourself to consult and possibly hire an experienced workers’ compensation attorney to represent you. Such an attorney would understand the workers’ compensation rules, know the outcomes of cases that may be similar to yours, and provide the negotiation and argumentation skills required in this process. For example, a lump-sum payment may not be the best option in your particular situation; if you are not sure about the relative advantages and disadvantages of lump-sum payments as compared to structured settlements, you should discuss that issue with a workers’ compensation attorney.

Most workers’ compensation claims end in a settlement, rather than in contested hearings; the real question is how to reach a settlement that will truly reflect the extent of your injuries, and cover all your medical bills.

Continue reading " Conclusions from Recent Study about Illinois Workers’ Compensation Claims " »

In order to receive Workers’ Compensation benefits in Illinois, a worker who was injured while
on the job or as a result of job-related conditions has the burden of proving:

1. That the employer at issue fell under the jurisdiction (i.e. the enforcement power) of the Illinois Workers’ Compensation Act or Occupational Diseases Act;


2. That the injured person and the company that hired him or her had an employer-employee relationship (as opposed to the worker being an independent contractor) at the time of the accident;


3. That the worker did suffer injuries in the course of employment, or did contract an occupational disease as a result of employment-related conditions;


4. That the employment conditions were responsible for causing or aggravating the injury or illness; and


5. That the worker gave the employer notice of the accident or illness within a certain period of time specified by Illinois law.

However, even if the worker proves the elements above, an employer may dispute other related issues, such as the seriousness of the injuries or disabilities involved, the worker’s wages (which determine, in part, the amount of disability payments that may be
approved), the type and cost of medical treatments that the worker pursued or wants to pursue, and more.

Continue reading " Illinois Workers’ Compensation Claims: Elements that an Employee Must Prove " »