The Illinois Workers’ Compensation law protects seriously injured workers by providing vocational rehabilitation services such as on-the-job training, resume and job-application help, labor market surveys, job search assistance, career counseling, and education payments.

If an injured worker is not fully recovered or able to return to the job following medical treatments, vocational rehabilitation potentially comes into play if the injuries diminish the worker’s job abilities to such an extent that they cannot be reasonably accommodated by the employer.

Under Illinois court rulings, three key factors determine if vocational rehabilitation is necessary:

1. The work-related injury has caused a reduction in earning capacity, and evidence shows rehabilitation will have a positive impact;

2. The injured worker’s job security is diminished because of the injury;

3. It is likely that the rehabilitation will enable the employee to successfully get hired after completing the training.

Under Illinois law, the factors weighing against vocational rehabilitation include evidence that rehabilitation has been unsuccessfully tried in the past with the injured worker, or that the worker’s skills without rehabilitation are sufficient to allow him or her to get hired.

The vocational rehabilitation services vary from case to case. An employer (or its insurance carrier) might be required to pay for a vocational expert to assess the job market for a worker, and to help place the injured worker in suitable new employment.

In other circumstances, vocational rehabilitation could require an employer to retrain the injured employee for some other occupation, or to pay for further education.

An injured worker – at the risk of losing workers’ compensation benefits – must reasonably cooperate in the rehabilitation program. This means attending appointments with the vocational rehabilitation counselor, completing assignments and follow-up tests, and applying for jobs as required. The injured worker would be wise to document in detail each action he or she takes during the rehabilitation plan in the event the insurance company decides to contest benefits payments.

If you or a loved one has suffered a serious injury on the job and you think you are entitled to vocational rehabilitation, it’s important that you consult with an attorney to assess your legal rights. For answers to questions about your workers’ compensation benefits, contact our Illinois Workers’ Compensation Law Firm for a free consultation.

Repetitive trauma injuries (RTIs) go by a variety of names: repetitive stress, repetitive strain, repetitive motion, or cumulative trauma disorders, to name a few. Regardless of the name, the condition is an injury that builds up over time caused by the repetition of a specific action or task, which stresses wrists, arms, fingers, legs and other parts of the body.

Numerous types of workers are afflicted with RTIs, including: clerical workers who regularly use a computer keyboard; construction workers who use vibrating hand tools; nursing home employees who repeatedly lift patients; and assembly line workers who perform the same tasks day in and day out.

RTIs include:

• Carpal tunnel syndrome
• Bursitis
• Degenerative joint disease
• Tendonitis
• Rotator cuff injuries
• Cubital tunnel syndrome (pain in the elbow or hand caused by pressure on the ulnar nerve, one of the main nerves of the hand)
• Chronic knee injuries
• Chronic neck pain
• Spinal disc injuries
• Aggravation of previous conditions

A potential challenge for obtaining workers’ compensation benefits is proving that an RTI is work-related, since this type of injury accumulates over time rather than from a single, identifiable accident.
Nonetheless, an RTI is covered by Illinois workers’ compensation without a finding that the injury occurred as a result of one specific incident traceable to a definite time, place or cause.

To obtain benefits, Illinois courts have said that it must be plainly apparent to a reasonable person that a worker’s condition of ill-being is related to his or her work. Your job only needs to be a contributing cause to your RTI, not necessarily the primary cause.

In Illinois, as a general rule you have 45 days from the date of an accident to report a workplace injury to your employer in order to preserve your right to collect workers’ compensation benefits. For an RTI, however, the 45-day reporting deadline is triggered instead by the date you are diagnosed with this condition (rather than a specific date an RTI may have occurred on the job). After you report your injury, you have up to three years from the date of diagnosis to file a workers’ compensation claim.

In order to protect your rights, it’s very important to notify your employer as soon as possible after you receive an RTI diagnosis, and to contact an experienced workers’ compensation attorney to discuss your situation.

For answers to questions about your Illinois workers’ compensation benefits, contact our Illinois Workers’ Compensation Law Firm for a free consultation

Unfortunately, employers and workers’ compensation insurance companies can be skeptical of claims for benefits related to lingering pain that just won’t go away following a surgery or medical treatment.

You can overcome this skepticism, especially with documentation of your injuries, medical evidence, and an honest, consistent explanation of your symptoms. If you are afflicted with chronic pain and your job puts you in a position to either aggravate that condition or even cause it, you are entitled to workers’ compensation benefits under Illinois law.

Individuals who suffer from chronic pain syndrome know all too well that it has very real symptoms that can limit their ability to work and function day-to-day. The pain can last for years or even a lifetime. Employees are sometimes able to return to work and live with the pain. But sometimes the pain is so debilitating that it prevents a return to the job.

Chronic pain has various manifestations. For example, Complex Regional Pain Syndrome (CRPS) relates to a chronic neurological condition where the nervous system functions abnormally after an injury. Measurable symptoms include skin temperature changes, skin color changes, stiffness and swelling in affected limbs, or a decreased ability to move an affected part of the body.

CRPS is often associated with cramping, shooting pain or constant pain, and can result from or be aggravated by a work-related trauma. The types of injuries often related to CRPS are: herniated or ruptured discs in the vertebrae; carpal tunnel syndrome; amputation of a body part; torn ligaments; torn cartilage; or traumatic brain injuries.

No cure for CRPS exists, but it can be treated with medication and various forms of physical therapy.

While chronic pain is often associated with CRPS, it can also be present without it. Chronic pain absent a diagnosis of CRPS is often tougher to prove because it isn’t always visible or measurable.

One form of chronic muscle pain is known as Myofascial Pain Syndrome (MPS). In most cases, MPS is felt in areas of the body not associated with the original injury or muscle strain. A large, dramatic injury is not required to cause MPS.

The original site of the injury or strain is known as a trigger point. The referral pain is the discomfort that travels down nerve pathways and is experienced beyond the trigger point. MPS can be caused by a number of factors, including excessive muscle strain, an injury to a muscle or generalized area, or strained ligaments or tendons. Typical injuries related to MPS include: back strains or injured discs; repetitive motion conditions; immobility of a muscle group; acute work injuries; or a sports injuries (e.g., tennis elbow).

Work-related MPS can occur if a worker has a predisposition to developing trigger points when engaged in certain activities, such as repetitive lifting on the job, prolonged bending over a desk or work area, or sitting in a chair with poor back support or arm rests not calibrated to a proper height.

For answers to questions about your Illinois workers’ compensation benefits, including chronic pain and your right to benefits, contact our Illinois Workers’ Compensation Law Firm for a free consultation.

Following a work-related injury you should take the following steps to make sure you are doing all that you can to protect your rights.

1. Report your injury to your employer right away. Illinois law requires workers to report their injuries within 45 days of an accident. But you shouldn’t wait if at all possible, because your employer or the insurance company could use any delay to argue that your injury didn’t happen on the job, or, if it did, that it’s not a serious injury.

2. Consult with a workers’ compensation attorney right away. The denial of most workers’ compensation claims are usually the result of something that happens within the first 72 hours after the workplace accident. An attorney can help guide you through the critical first stages of your claim. To protect your rights you should consult with a lawyer specializing in workers’ compensation law. 

3. Obtain the name and contact information of the workers’ compensation insurance company. Your employer is required by Illinois law to post this information in a prominent area at your worksite. If it isn’t posted, ask for the information because you’ll need it when you need to communicate with the insurance carrier.

4. Seek medical care from your own doctor as soon as possible. Illinois law allows you to choose the physician(s) who will treat you for work-related injuries. You don’t have to be treated by a doctor chosen by your employer or the insurance company. Because delays can be used to undermine your claim for benefits, seek medical treatment as soon as possible. If you are hurt, act hurt. Don’t try to “tough it out.”

5. The “Three-C” rule: Describe your injuries Clearly, Carefully, and Consistently. It’s very important that you always give the same accurate and complete description of your injuries to all of your treating doctors. Insurance companies are always on the lookout for changing descriptions of accidents and injuries because inconsistencies can undermine credibility and believability. Inconsistent descriptions of your accident or injuries could derail your workers’ compensation benefits.

6. Update your employer and its insurance company regularly. You should periodically communicate with your employer and the insurance company about the status of your injuries and treatments. This will help to avoid any interruptions in obtaining your benefits.

7. Attend all scheduled medical appointments to prevent the premature termination of your benefits. Regularly skipping medical appointments could jeopardize your workers’ compensation benefits. The insurance company will likely use missed appointments to argue that your injuries are not serious or that you no longer need medical treatment.

8. Keep copies of all correspondence, check stubs and any other documents related to your workers’ compensation claim. It’s important to have complete records in the event your employer or its insurance company dispute or deny your claim.

9. Don’t give up if your claim is denied. Your employer and the insurance company don’t have the final word on the validity of your claim. You can contest a denial through the workers’ compensation system.

If you have been injured on the job, it’s important that you consult with an attorney to evaluate your legal rights. For answers to questions about your Illinois workers’ compensation benefits, contact our Illinois Workers’ Compensation Law Firm for a free consultation.

Despite this straightforward legal process, some employers and insurance companies that provide coverage for workplace injuries still throw up roadblocks to recovery. Employers do this primarily to avoid insurance premium increases, and carriers are motivated to avoid payments so they can increase their profits.

If you have been injured on the job, you need to be aware of the potential tactics that could be used to block or limit your benefits. Generally speaking, employers and carriers can deny, delay, and defend against your claim for benefits.

Specific roadblocks you might face include:

1. Pressure tactics. Even if your employer insists that your injury is not disabling or related to work, you should still file a claim for workers’ compensation benefits immediately after you are injured. You should let the system play out. But only you can trigger the process by reporting the injury to your employer and filing a claim.

2. Denial. After you have filed a workers’ compensation claim, your employer and possibly its insurance carrier might deny that you were hurt on the job. This is a question the workers’ compensation system is designed to resolve. Don’t be intimidated. Important steps for you to take include: obtaining a copy of your workers’ compensation claim at the time you file it; keeping all medical records related to your treatments for the work-related injuries; and always providing truthful, thorough and consistent descriptions of your work-related injuries and their effect on your health. Consulting with an experienced attorney will help you to know your rights and to take whatever steps are necessary to protect them.

3. Demanding that you undergo an independent medical examination. Employers have the right to request that you be seen by a medical doctor. These examinations are meant to assess your injuries. While you should cooperate and attend the examination, under Illinois law you have the right to seek treatment from any physician of your choosing. Don’t be misled into believing you can only be treated by a medical care provider chosen by your employer.

4. Insisting that you submit a detailed recorded statement to an insurance adjuster. Employers who do this are probably looking to use your recorded statement as a way to possibly contradict you at a later time in an attempt to undercut your credibility. Don’t provide a statement until you consult with an attorney. Under Illinois law, your employer can ask questions and make you file a written report, but it cannot force you to give a recorded statement.

5. Telling you to use your health insurance. Your employer may try to steer you toward using your personal health insurance knowing you could say your injuries are not related to work. Do not use your health insurance. File a workers’ compensation claim instead. Under Illinois law, your employer or its insurance company is required to provide you with reasonable and necessary medical care to treat your injuries and to pay for necessary rehabilitation.

6. Lying about when to report a workplace injury. As a general rule, in Illinois you have 45 days from the date of the accident to report a workplace injury to your employer in order to preserve your right to collect workers’ compensation benefits. After you report your injury, you generally have up to three years from the date of the accident to file a workers’ compensation claim.

7. Threatening to fire you. Terminating or threatening to terminate a worker who seeks workers’ compensation is against the law. If you face this, consult with an attorney immediately.

8. Objecting to every payment. Some employers and their insurance carriers resort to a strategy of wearing you down in the hope that you give up on your rights. They may refuse reasonable treatments, file paperwork to end treatments, or argue about every treatment. Don’t give in. Consulting with an attorney can help you combat these hard-ball tactics.

If you have been injured on the job and are facing roadblocks thrown up by your employer or its insurance company, it’s important that you consult with an attorney to assess your legal rights. For answers to questions about your Illinois workers’ compensation benefits, contact our Illinois Workers’ Compensation Law Firm for a free consultation.

In Illinois, a worker is entitled to workers’ compensation if he or she can demonstrate that his or her injury “arises out of and is in the course of” employment. An injured worker must prove both elements to qualify for workers’ compensation. Illinois courts have interpreted the phrase “arises out of” to mean an injury related in some way to the risks connected with or incidental to the employment. Essentially, this means an injury has to be caused by an employment-related activity. The phrase “in the course of” refers to the time, place and circumstances of an injury.

If a work-related activity causes an injury, an employee with a preexisting physical condition is entitled to workers’ compensation benefits. It’s important to note that the work-related activities don’t have to be the sole cause, or even the primary cause, of an injury. However, if an employee is injured by an underlying condition not related to a specific work task he or she most likely will not be compensated. For example, a worker may suffer from seizures. If the worker happens to have a seizure on the job, workers’ compensation will not cover any injuries caused by a fall from blacking out.

In contrast, workers’ compensation will likely cover injuries such as a herniated disc or arthritis if those injuries are aggravated or accelerated by specific work tasks. For example, a forklift operator who constantly twists and turns his neck and back while operating the machine may worsen an underlying degenerative spinal condition. Workers compensation will likely cover the injuries because the man’s job tasks aggravated the degenerative conditions.

Workers’ compensation would also likely cover a worker suffering from carpal tunnel syndrome if his or her job required repeated motions using the affected joints. The carpal tunnel injuries occurred in the workplace and were caused by specific requirements of the worker’s job.

Someone with a preexisting disease, such as diabetes, will be likely compensated for an injury suffered on the job that accelerates a particular underlying condition. For example, let’s say a diabetic truck driver sprains his ankle during a delivery, and then suffers the onset of a more serious bone and joint condition caused by the diabetes. He can receive workers’ compensation, even though the diabetes made him predisposed to his eventual condition, because the accelerating event was related to a work task. In contrast, someone with a heart disease who suffers a heart attack while sitting up from an office chair will likely not be compensated. The heart attack was caused by a normal daily activity (getting out of a chair) unrelated to any specific job duty.

If you have been injured on the job and are told that you are not entitled to benefits because of a preexisting degenerative condition, it’s important that you consult with an attorney to assess your legal rights. For answers to questions about your workers’ compensation benefits, contact our Illinois Workers’ Compensation Law Firm for a free consultation.

However, in some situations you may have a legal claim against companies or individuals other than your employer and co-employees. You can file in court a personal injury lawsuit to seek compensation for your pain and suffering, medical bills, lost wages, and other damages. A negligence lawsuit in the court system differs from a workers’ comp claim in important ways. For example, in a lawsuit you have to prove that the individual or company you are suing was at fault for causing your injury.

Individuals or companies other than your employer or co-employees can be at fault for jobsite injuries in a number of different situations.

Construction Sites

Multiple subcontractors and contractors other than your employer often work on a construction site at the same time. Their careless actions may cause your injuries. Or the property owner or developer may be liable for negligently creating unsafe working conditions at the construction site.

Product Liability

You may be injured when using a defectively designed or manufactured tool or machine at work. Or your injury may result from deficient instructions or warnings. If you are injured by an unreasonably dangerous or defective machine or tool, you may have a product liability claim against the designer and manufacturer of the faulty equipment, as well as the distributor and retailer of the equipment.

Motor Vehicle Accidents

If the driver of another vehicle crashes into you while you are driving on a work-related task, you may have a potential negligence claim against the other driver.

Third parties on your employer’s premises

Injuries may result because of the negligence of third parties working at your employer’s premises. In these situations, it may be possible to file a negligence suit against the third-party individual who caused your injury, and likely that person’s employer as well. For example, if you happen to slip or trip at your work site, perhaps a cleaning service may have negligently caused your injuries. Or a snow removal service may create hazardous conditions in the company parking lot. Or you may be injured by an unsafe condition created by a contractor doing remodeling work at your employer’s building.

Medical Malpractice

If you are injured on the job, then hurt further by negligent medical treatment for the injury, you may have a medical malpractice claim against the health care provider.

If you have been injured on the job by actions of someone other than your employer or co-employees, it’s important that you consult with an attorney to assess your legal rights. For answers to questions about your workers’ compensation benefits and potential personal injury claims, contact our Illinois Workers’ Compensation Law Firm for a free consultation.

The Illinois workers’ compensation law authorizes companies to set up IMEs as long as they provide injured workers sufficient notice and reimburse their travel expenses. It’s important that you go to a scheduled IME because your workers’ compensation benefits will be suspended if you fail to attend. You may have to undergo multiple IMEs if you are being treated by more than one specialist for multiple health concerns related to your work accident.

While some IME doctors are truly independent, many are “hired guns” who usually provide reports favoring employers and workers’ compensation insurers. An employer can rely on an IME report to terminate workers’ compensation payments for ongoing medical care, or to refuse payment for a requested surgery.

If you are asked to attend an IME, you might want to consult with an experienced workers’ compensation attorney who can help you prepare for your visit. A lawyer can guide you on how to effectively communicate with the IME doctor, and also assist you in selecting the pertinent medical records to share with the doctor as part of the examination. Illinois law gives you the right to schedule your own IME, which an attorney can help you schedule.

You should treat the employer-required IME like any other medical examination. Provide honest, thorough responses, and cooperate with the examining doctor, although you shouldn’t divulge any conversations you have had with your attorney.

Here’s what to expect when you visit the IME doctor. You will be asked about the work accident and your medical condition. The doctor will assess your general appearance, and will be especially on the look out for exaggerated claims of injury symptoms. You likely will be asked about any other ailments or injuries arising both before and after the work accident that might be contributing to or aggravating your work-related injury.

During the medical examination the doctor will evaluate whether your subjective symptoms of pain and discomfort are consistent with objective testing (e.g., X-rays, MRIs, CT scans, or nerve conduction studies). You might undergo a series of tests requiring you to provide subjective indications of pain, discomfort or sensitivity. For example, if you have injured your back, you might be asked to bend and twist your torso.

What happens if an IME report questions your injury or concludes that you should return to work? You have the right under Illinois law to contest the IME before an arbitrator of the Illinois Workers’ Compensation Commission. Your case will be strengthened considerably if your treating physician thinks you should remain on disability since the arbitrator will likely give more weight to your doctor’s opinion than the IME doctor, especially if the IME doctor has a reputation of providing reports that usually favor employers and their insurance carriers. Your chances of success are also better if you don’t have any problems with surveillance video contradicting your injury claims, and if you provide credible testimony about your injury and related physical issues.

Another option short of going to arbitration is to negotiate with your employer on when you can return to work.

If you have been injured on the job and are told that you must attend an IME, it’s important that you consult with an attorney to assess your legal rights. For answers to questions about your Illinois workers’ compensation benefits, contact our Illinois Workers’ Compensation Law Firm for a free consultation.

Under the so-called “coming-and-going” rule, you are generally not covered if injured commuting to or from work. However, some exceptions allow for coverage. For example, you are likely covered under Illinois law if you injure yourself in the company parking lot while entering or leaving work. A parking lot is essentially considered an extension of the workplace, especially if your employer provides parking to its employees and either maintains the parking area or pays someone to maintain it. An employer can control a parking lot even if it doesn’t own the property, such as under a lease.

For workers’ compensation to apply to a parking lot accident, the injury must occur relatively close in time to entering or leaving work. For example, let’s say following work you and some fellow workers walk to a nearby restaurant for drinks and dinner. A couple of hours later, you return to your car and injure yourself by slipping and falling on ice in the company lot. Workers’ compensation will likely not be available because the social activity unrelated to work interrupted your departure from the parking area.

Workers’ compensation will likely cover off-site injuries while traveling to and from work where:

1. an employee with no fixed place of business, such as a traveling salesman, is injured while on the road;

2. an on-call employee goes home, then is called back and is injured on the way back to work;

3. an employment contract covers transportation to and from work;

4. an employee leaves home to attend an off-site client meeting, then is injured en route to the workplace following the meeting;

5. an employee is “furthering business” while commuting, such as continuing to receive and make phone calls;

6. an employee is asked to run an errand on behalf of an employer;

7. an employee is directed to use a certain means of transportation to get to work, such as a bike messenger having to ride a bicycle to work, and is injured en route to or from work;

8. an employee has to drive through an especially dangerous zone to get to work, such as a blasting area or construction site.

If you have been injured in any of the circumstances described above or in similar situations, it’s important that you consult with an attorney to assess your legal rights. For answers to questions about your Illinois workers’ compensation benefits, contact our Illinois Workers’ Compensation Law Firm for a free consultation.

It isn’t always easy to distinguish between employees and independent contractors. But what your employer tells you isn’t the final word. Illinois law requires examining all details of a working relationship between a company and worker. It’s important to keep in mind that even if you sign a document saying you are an “independent contractor,” the contract is only one factor of many to consider.

Probably the most crucial factor is whether your employer retains the right to control the details of how you do your job. The more an employer controls a worker on how, when, where and whether work should be done, the more likely that individual will be considered an employee. In contrast, a company typically hires an independent contractor to achieve a certain result but doesn’t dictate the specific details on how that result comes about.

Other key considerations the Illinois Workers Compensation Commission and Illinois courts take into account are whether an employer:

• dictates an individual’s work schedule;
• withholds income and social security taxes from an individual’s compensation;
• supplies materials and equipment;
• requires a uniform;
• allows an individual to work for other companies;
• provides instructions and training on how to do a job.

It’s more likely a worker is an employee if the employer’s general business and the individual’s work are essentially the same, such as a truck driver making deliveries for a truck delivery company. Also, if a worker is substantially integrated into an employer’s operations, or has a continuing relationship with an employer, or works virtually full-time for an employer, it’s more likely the Illinois Workers Compensation Commission or a court will conclude the worker as an employee.
An Illinois Supreme Court case illustrates the distinction between an employee and an independent contractor. The court said a truck driver was considered an employee even though he owned and maintained his truck, had signed an “independent contractor” contract, and was responsible for obtaining liability insurance. The court concluded, however, that a number of factors showed that the driver was an employee. For example, he worked exclusively with the company, and his delivery work was entirely consistent with the business of the trucking company. Tellingly, the company reviewed the driver’s performance annually and kept the job review in the driver’s personnel file. The driver also had to follow the company’s maintenance and repair schedule for the trailer he leased from the company.

If you have been injured on the job and are told that you are an independent contractor not entitled to benefits, it’s important that you consult with an attorney to assess your legal rights. For answers to questions about your Illinois workers’ compensation benefits, contact our Illinois Workers’ Compensation Law Firm for a free consultation.