Workers’ Compensation- What You Say Matters

You can make sure that your Illinois Workers’ Compensation case goes as smoothly as it can.

One of the most important factors in your case is what you say.

This means what you tell your supervisor, your doctors, and the Arbitrator at trial.

Telling your supervisor immediately that you are injured and completing an accident report will make things run smoothly later on.

Telling your doctor how you got hurt and what parts of your body are injured is very important.

I have seen medical records that quote the injured worker as saying “no known cause of injury”, or “does not know how this happened”, or “made worse while working in garden at home”. These type of statements will damage your case.

When testifying before the Arbitrator remember that she is the one who will decide your case.

Do not argue with Arbitrator, the other attorney, or anyone else.

Be polite and think carefully before you answer any questions.

If the Arbitrator thinks you are exaggerating, or hiding something, or you are disagreeable then you are toast.

There is a human element to every case. Make sure that you do not alienate the Arbitrator.

If you say the right things, in the right way, at the right time, then your case will be much stronger.

Questions about how to make sure case is as strong as possible? Feel free to call Illinois Work Comp Attorney Dirk May with Williams and Swee at 309-827-4371.

Social Security Disability and Mental Illness

It is possible to be found disabled based on mental illness alone.

However, these type of cases are difficult to win.

The reason is that many judges believe there is some type of job that a person can do.

Such as a simple, unskilled job.

Social Security disability rules provide that if a person can perform some type of job with no limitations on lifting or standing then you are not disabled.

Vocational experts will testify that even if a person needs to avoid the general public or have limited contact with co-workers and supervisors there are jobs available.

The fact that you can no longer perform your old work does not matter.

To show that you can no longer work as a result of depression, anxiety, PTSD or personality disorders you must convince the Judge that you will miss 2 or more days per month or that you will be off task more than 20 percent of the work day.

This can be done if you have a history of being hospitalized multiple times, or you treat with shock therapy, or have to be medicated with drugs that will keep you sedated most of the time.

You will also need your psychiatrist to provide you with an assessment of how your symptoms will restrict you in a work situation.

Questions about your Social Security Disability case? Feel free to contact Illinois Social Security Disability Attorney Dirk May with Williams and Swee at 309-827-4371.

Social Security Disability – Objective Evidence Helps

Yes, your testimony at the Social Security Disability trial is important.

But, your medical records must back up the testimony or you will not win.

Your medical records consistent of your doctor’s exams, diagnoses, lab tests, and diagnostic tests.

The test results are considered objective evidence, as opposed to your subjective complaints.

Some examples are Xrays, MRIs, CAT scans, EMG tests, heart tests, and blood tests.

If you have complaints of low back pain with problems walking and standing, then it helps to have a MRI of the lumbar spine showing a disc herniation or narrowing of the spine. This would explain why you have the pain.

If you complain of numbness and tingling in the feet, then an EMG showing neuropathy will help support your case.

If you complain of limitations in reaching and handling items, then it helps to have a MRI of the neck or shoulder indicating structural problems in the shoulder area or nerve root compression.

Heart tests showing a low ejection fraction will support complaints of fatigue.

Xrays indicating arthritis in the hands will help explain why you are having problems holding items and using your fingers.

The Administrative Law Judge will feel more comfortable ruling in your favor when there are medical tests backing up your complaints.

I realize that it is sometimes difficult to get these tests, but they can make the difference between winning and losing your case.

Questions about what you need to do to strengthen your case? Feel free to contact Illinois Social Security Disability Attorney Dirk May with Williams and Swee at 309-827-4371.