How Not to Talk to the Judge

Some quick tips to help you put your best case possible before the Judge.

It does not matter if it is a work injury, auto injury, or Social Security Disability case. You often must testify before the Judge or in a deposition.

The way the Judge perceives you will make or break your case.

Do not argue with the Judge or the other lawyer. It does not help you and gives the impression that you are a combative, unlikable person.

Do not curse in your testimony, or curse at another witness, the Judge, or the other lawyer. It makes you look crude and selfish.

Do not comment out loud on other witnesses’ testimony. You will have your opportunity to respond according to courtroom procedure. It is rude and counter productive to talk over a witness.

The Judge often wants to help people who are polite, likable, and believable. Do yourself a favor and help the Judge help you.

Questions about your injury or disability case? Feel free to contact Illinois injury and disability lawyer Dirk May at 309-827-4371.

 

Best Ways to Document Your Injury and Disability

Documenting or proving your injury and restrictions is very important for Social Security Disability, Illinois Workers’ Compensation case, and personal injury case.

This will lead to a greater possibility of winning your case and increase the settlement value of your case.

Some top ways of accomplishing this are as follows:

Have the doctor complete an Illinois Secretary of State Disability certificate for your motor vehicle. This describes your disability and restrictions for parking purposes.

Have the doctor complete a prescription for any cane or walker you may require.

Have the doctor list your restrictions in writing. This will explain your limitations.

Ask for a functional capacity evaluation. This is a test that a physical therapist usually administers over one to two days and the purpose to address capability of walking, standing, lifting and use of the hands. Some insurance companies will not pay for this test.

Have a doctor complete a residual functional capacity form. The doctor will provide his opinion regarding your ability to walk, stand, sit, lift and use your hands. It does not require a test such as mentioned above.

Ask for Xrays, MRI’s, EMG’s, breathing tests, or heart tests based on the specific body parts that are bothering you.

Questions about what all this means for your injury or disability case? Feel free to contact Bloomington, Illinois Attorney Dirk May at 309-827-4371.

Get Inside the Judge’s Head to Win Your Work Comp Case

You must understand how the Judge views your work injury case to present your best possible case.

The Judge, whose title is Arbitrator, will decide whether or not you win and how much you win.

Let’s take a look at a few different situations from the Judge’s perspective.

1. The injured worker is asked whether she told her boss about her fall and torn knee at work.

She testifies that she told her boss a week later because she was afraid that her boss would get mad at her and fire her.

The Arbitrator thinks it is strange that the worker waited so long to tell the boss if she had a serious injury, and company policy requires prompt reporting of all injuries.

2. The injured worker is asked when he went to the  doctor for his back pain.

The injured worker testifies that he waited to see the doctor for two weeks because he thought the pain would get better.

The Arbitrator does not believe the pain was that bad if he was able to hold off on seeing the doctor.

3. The injured worker testified that he stopped seeing the doctor after his back surgery, however his pain kept him from lifting more than 10 pounds and he was unable to stand more than 20 minutes at a time.

The Arbitrator is unable to understand why a person would stop seeing the doctor if his limitations were that severe.

4. The injured worker testifies that she told her supervisor immediately after hurting her shoulder lifting 30 pound bags and completed an accident report detailing the accident and injuries to her neck and right shoulder. The injured worker has medical records of a doctor visit the same day and a history of the accident sustained. She has medical records with off work notes, and restrictions detailed.

The Arbitrator finds it easy to understand how the accident happened and the nature and extent of the injuries.

Help the Arbitrator make it easy  to rule in your favor.

Questions about your work injury? Feel free to contact Bloomington, Illinois Work Injury Attorney Dirk May at 309-827-4371.

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DAWSON — Larry Marxman has been to hell and back.

Source: To hell and back: Area man minimizes opioids, maximize other treatments | Local News | pantagraph.com

Chronic pain is a major issue with many Illinois Workers’ Compensation injuries and Social Security Disability cases. Getting the pain under control often allows the person to return to work.

Work Comp Tip

Over the years I have seen a number of people with work injuries and have reviewed their medical records.

There a certain number of people who report to their medical providers that they did not know how the injury happened.

They explain to me that the reason they did not tell the doctor or hospital that it is an injury at work was because they were afraid work would be mad or they just wanted to have their own insurance handle and avoid the hassle.

I understand what these people were saying, however when they change their mind and decide to pursue a work injury case later on it becomes very difficult for them.

The Arbitrator (a workers’ compensation judge) gives great weight to what the injured worker told the doctors and emergency room personnel at the time of the accident.

The nature of the world causes suspicion so you can understand why the information given close to the time of the accident is very important.

The best practice is to tell your supervisor, co-workers, doctors, nurses, therapists, and emergency personnel how the injury happened at work and what body parts you injured.

You do not have to file a work injury application of claim, however you must leave that option open for yourself. If you do not, then most likely you have closed the door on recovering benefits under the Illinois Workers’ Compensation Act.

Injuries hurt. Call Illinois Work Comp Attorney Dirk May at 309-827-4371 to discuss the best way to help your case.