Illinois Workers' Compensation Attorneys Blog

Sometimes there's more to a workers' compensation case than just showing the causal relationship between injury and employment activities. WIth the rising existence of technology in our lives comes the use of this technology to attempt to discount workers' compensation claims. Employers are starting to use surveillance and even materials from social networking sites as evidence against employees' claims for workers' compensation. Employers are claiming that their surveillance footage or social media materials show that particular employees are lying or blowing the injury out of proportion. As a result, employees have to be ready to explain every movement.

The good news, is that the Illinois Workers' Compensation Commission is willing to listen to all sides when technological evidence is presented. In a recent workers' compensation case, the employer presented video surveillance of the employee getting in and out of a vehicle, walking slowly, going into a store and lowering himself to retrieve something. The employer considered this evidence that the employee was magnifying his symptoms of low back and shoulder problems. However, the Commission found the surveillance to be innocuous and not contradictory to the employee's claims of disability and pain. As a result, the Commission awarded disability benefits for a total of 187 weeks.

Another case where the employer used surveillance footage involved a construction worker who was complaining of a work-related injury to his left wrist. The employer presented footage of the worker carrying a bucket in his left hand up a ladder. At first glance this seems like a devastating blow to the employee's workers' compensation case. However, if the employee can show that the bucket was in fact empty, his claim may be able to survive.

What does this mean for a new workers' compensation claim? If you have been injured at work and are concerned that your employer is going to use technological materials to try to discount your claim, do not worry. The Illinois Workers' Compensation Commission will listen to both sides of the story and your Illinois Work Injury Attorney can help you explain the situation. Sometimes, employees try to work through their injury because they are afraid of losing their job or due to loyalty to their employer; whatever the reason is, this should not prevent you from receiving the benefits you are due.

Sources:
Pratl v. Reserve Marine Terminals, 18 ILWCLB 70 (Ill. W.C. Comm. 2009)
Cyril Tuohy, Watching Your Step with Surveillance, Risk & Insurance Online, November 15, 2010.

When thinking about injuries worthy of workers' compensation, most people probably think the injury must have occurred during work hours and at work. However, this is not always true. Two recent cases coming out of the Illinois Workers' Compensation Commission highlight this point.

The first case involves a parking lot leased by the employer to provide parking spaces to the employees. The parking lot was next to the workplace and had an employee-only side entrance. However, the other side of the parking lot was for the public. In the case, the employee slipped and fell on ice while exiting his vehicle in the parking lot. The arbitrator's decision was that since the employer did not own or exercise control over the parking lot, benefits should be denied. However, the Commission reviewed the decision and determined that the employee's accident arose out of and in the course of his employment. The Commission reasoned that even though the employer did not own the parking lot, it did provide spaces to its employees and designated an employee only entrance. By doing this, the employer exercised control over the employees' route. Therefore, the employee was granted workers' compensation benefits.

The next case involves an employer-sponsored charity bowling event where an employee was injured. The event was held during business hours and any employee who did not want to participate had to work their normal business day. Additionally, employees were paid their regular wages during the event. At first, the Commission ruled that the employee was injured during a voluntary recreational activity and therefore the injury did not arise out of employment. However, the Circuit Court overturned this decision reasoning that the benefit was the employer's charitable program and in fact not a recreational activity. The Court went on to explain that the employer derived a benefit by furthering its business interests as a socially responsible corporate citizen and the event was not organized simply as a recreational escape for its employees. Therefore, the employee's accident and injury arose out of her employment and is due compensation.

These cases illustrate the widening definition of what it means for an injury to arise out of employment. If you have been injured and think that the injury may be related to your employment somehow, you may be due workers' compensation benefits. The rule that the injury must be related to work is not so stringent that it must be during business hours while performing a business related activity. If you have been injured and think you have a workers' compensation case, contact your Illinois Work Injury Attorney.

Sources:
Eberhardt v. City of Chicago, 18 ILWCLB 60 (Ill. W.C. Comm. 2009).
Cramer v. Viacom Outdoor, 18 ILWCLB 83 (Ill. Cir. Ct., Cook 2010).

If your bills are not getting paid while you are off work or partially paid the Illinois Workers' Compensation Act can protect you. There is a lot to worry about when you are injured at work.  When will I be able to work again? Will I be able to work in the same capacity?  How will I provide for my family during this hard time?  How am I going to pay my medical bills?  How do I make sure my employer is held responsible and does what they are supposed to do?  The answer to at least one of these questions can be answered by contacting an attorney.

Your employer is required to pay your medical bills.  If medical bills are not paid, they may be sent to a collection agency.  If a collection agency is contacting you to recover payment, do not worry. The Illinois Workers Compensation Act has protections to stop bill collectors before your credit rating is affected or you are sued. The best way to make sure that is true, is to contact an attorney.  An attorney who is well-versed in workers' compensation law can file an emergency motion with the Workers' Compensation Commission to get your medical bills paid in a timely manner by your employer. 

You have the right to have your medical bills paid 100% in a workers' compensation case if the treatment is connected, reasonable and necessary. To make sure your employer is complying with the law, you should contact your Illinois Work Injury Attorney.  

If you are awarded Workers' Compensation Benefits, then your employer should pay for your medical bills. If you are being told differently, or are being expected to pay a portion of your bills, contact your Illinois Work Injury Attorney.

Not only should your medical bills be paid for, you have the right to choose up to two doctors of your choice. Plus, if those doctors refer you to other doctors, your employer must pay those expenses as well. Legally, your employer is responsible for:

-Emergency Services
-Physicians & Hospital stays
-Any additional medical care the worker is referred to

While employers are allowed to request an independent medical evaluation, the employer is responsible for payment of that exam.

If you are hurt at work, you have rights. You may be entitled to:

-Unemployment Compensation
-Social Security Benefits
-Disability Benefits
-Group Health Insurance Benefits

To be sure that your employer is following the law and that you are receiving all you are legally entitled to, please contact your Illinois Work Injury Attorney.

Being injured at work can have significant consequences. One possibility is that an employee may be injured so badly that they are on permanent restrictions as a result. This can be devastating for an employee because he/she may feel like there is no other way for them to make a living. This is not true.

The law states that if an injured employee is put on permanent restrictions and the employer cannot accomodate for the injury, then the employer has the responsibility to hire a vocational counselor for the injured employee. A vocational counselor should help an employee explore their future by recommending schools, apprenitice programs and retraining. Unfortunately, many vocational counselors hired by employers do not do a great job. They sometimes will just pressure an employee to fill out job search logs and only push for minimum wage positions.

An injured employee does not have to settle for a less than mediocre vocational counselor. An attorney can aid an injured employee in finding a helpful counselor that will assist the injured employee in finding a career and the training to succeed in the career that is right for them. Contact your Illinois Work Injury Attorney for more information and help in this process.

Being injured at work means you deserve compensation. However, that is not the only rule that applies in workers' compensation cases. In addition to formulas regarding the length of time an injured employee is due compensation, there are also sections of the Workers' Compensation Act that lay out how much of an injured employee's medical bills should be paid.

The general process for Workers' Compensation claims, is that an injured employee reports to his/her medical provider that the treatment being sought is for a work related injury. The medical provider then bills the employer directly and the employer should pay the bill within 60 days. If your employer has not, you should contact an attorney.

The amount of money your employer is required to pay for your medical bills is determined by a fee schedule. Through the fee schedule, the Illinois Workers' Compensation Commission controls the maximum payment allowed for a procedure, treatment or service. This maximum medical payment is determined by figuring out the 90% of the 80th percentile from health care providers. Each treatment, procedure or service has a medical code number that can be put into the fee schedule formula to determine the maximum amount of money that an employer must pay.

This information is important because it can help an injured employee determine what a fair settlement looks like and whether to accept one or not. Since figuring out what type of compensation you are due is so complicated, you should contact your Illinois Work Injury Attorney.