Categories
Springfield Injury Lawyer Blog Workers Compensation

Do I Qualify For Workers’ Comp?

If you have been injured at work, you may be wondering if you may qualify for workers’ comp. The truth is you probably do. Assuming that you were in fact injured at work and meet the proper deadlines for applying for benefits, you likely are entitled to workers’ comp. This is a list that may answer some questions if you think you have an unusual situation or aren’t quite sure if you are able to receive workers’ comp.   What if the injury was my fault?: Workers’ compensation is a no-fault system of benefits. In other words, if your workplace injury      Read more…

Categories
Springfield Injury Lawyer Blog Workers Compensation

What To Do If You Are Injured at Work

If you have been injured at work, you may feel confused as to what to do next and/or how to claim workers’ compensation. Who do you contact to report the injury? When should you talk to a lawyer? What will happen next if you make a claim to workers’ compensation? And what do you do if your employer denies your claim? This is a simple step-by-step list to give a basic overview of what to do if you are injured at work and how to claim workers’ comp. Seek Medical Attention: If you have been injured at work, the first      Read more…

Categories
Springfield Injury Lawyer Blog Workers Compensation

The Illinois Supreme Court Says Petitioner Does Not Have to Show Increased Risk from General Public

In Illinois several appellate court cases had held that a petitioner in a workers compensation claim must show that he or she had been exposed to a risk of injury to a degree greater than the public in order to prove a compensable accident.  The Supreme Court in Illinois has now been corrected that rule by holding that an injury victim need only prove he or she got injured and work-related accident. The case is called McAllister vs Illinois Workers Compensation Commission. This case applies to common everyday activities like standing from the kneeling position, bending, reaching, or twisting.  In older      Read more…

Categories
Springfield Injury Lawyer Blog Workers Compensation

Permanent Total Disability

Permanent total disability in Illinois worker’s compensation claims mean that a person is entitled to total disability for life.  If someone is a permanent total they are entitled to two-thirds of their average weekly wage for life.  This is much like temporary total disability, but it is permanent.  Many people confuse total permanent disability with the designation of the “Person as A Whole”, which is five-hundred weeks of disability.  Five-hundred weeks of disability is 9.6 years; whereas, permanent total disability lasts for an injured worker’s life. There are three ways to get a permanent total disability.  First there is what      Read more…

Categories
Springfield Injury Lawyer Blog Workers Compensation

“Two-Doctor Rule”

In Illinois Worker’s Compensations victims are entitled to two doctors and their referral chains. When we get cases in, often workers have already used one of their choices. We have had many people come in who have been referred to a doctor of the employer’s choice. When the employer does this they often misrepresent or suggest to the worker that they are required to go to these particular doctors. The selected doctor is often pro insurance company and not very friendly to injury victims. This selection can have a huge impact on a person’s case by the time the case      Read more…

Categories
Springfield Injury Lawyer Blog Workers Compensation

Ice vs Water

The courts in Dukich vs. Illinois Worker’s Compensation Commission recently misapplied, in my opinion, the law, as it applies to falls on premises. The losses previously been that wherever there is a fall on premises, so long as it arises from a defect, like snow, or ice, that the fall is compensable. This often occurs as people are coming to and going from work. Dukich acknowledges these cases but makes a strange distinction. The worker was going to lunch when she fell in a parking lot that was wet from rain. The arbitrator awarded benefits. The Worker’s Compensation commission reversed the finding      Read more…

Categories
Springfield Injury Lawyer Blog Tort Reform Workers Compensation

Why the “Primary Cause” Test in Illinois Workers Compensation Claims is a Bad Idea

The court in Steak and Shake vs the Worker’s Compensation Commission addressed what is now a common issue in politics. Groups in Illinois wish to limit liability for workers’ compensation claims by only allowing the case to be compensable if it is the “primary cause” of the condition. This naturally sounds reasonable to people in the public. Why shouldn’t the primary cause be the test? What people fail to appreciate is that “primary cause” in workers’ compensation claims really means eliminating aggravations of pre-existing injuries as claims. The Steak and Shake case is it is a good example of why suing “primary cause” as      Read more…

Categories
Springfield Injury Lawyer Blog Workers Compensation

A combination of Wage Loss Differential and Permanent Total Disability

In Chlada vs Illinois Workers Compensation Commission the Workers Compensation Commission ruled that a person can get a wage loss differential and a permanent total claim.  The case involved two injuries.  The first injury resulted in the person being paid less than before the injury. After the second injury the worker could not work at all. In Chlada the injured worker had an injury to his low back first, lifting beer as a beer truck driver. The worker got hurt again on October 23, 2003, when he hurt his neck working in the warehouse.  The worker filed two claims, one for each      Read more…

Categories
Springfield Injury Lawyer Blog Tort Reform Workers Compensation

Indiana Workers Compensation – Interview with George Patrick

We had the honor of having George Patrick, a workers compensation lawyer from Indiana, on the radio on Saturday, March 14, 2015, Pi day.  This is especially interesting to me because I have heard so many people talk about the differences between the Illinois Worker’s Compensation system in the Indiana Workers Compensation System.  Some people believe that Illinois should save money by following in the footsteps of Indiana. This interview followed the recent ProPublic/NPR report about how states are demolishing their workers compensation systems.  Judges have called the modern workers compensation systems “inhumane” according to ProPublica/NPR. In the same week, OSHA (Labor      Read more…

Categories
Springfield Injury Lawyer Blog Workers Compensation

Medical Records as Hearsay in Workers Compensation Claims

In worker’s compensation claims employees and employers typically put medical records of the petitioner and evidence. The doctors are often not usually called as witnesses.  Recent changes to the Worker’s Compensation Act provided for a simple method of entering records into evidence. Medical records are typically allowed into evidence if they are subpoenaed by a party. However, doctors’ notes that are prepared for litigation purposes are typically hearsay and not allowed. In that context, the case entitled RG Construction Services vs the Illinois Worker’s Compensation Commission came up.  In RG Construction the petitioner injured his knee at work when he fell off the stilts      Read more…