When Work Comp Says No

Do not give up.

Workers’ Compensation insurance companies want to discourage you and keep you from getting your medical treatment and getting paid for your injury.

Many people who are denied will quit and go home

This saves a large amount of money for the insurance company.

If you are turned down for your medical treatment…

If you are denied your off work pay…

If you are not paid your settlement…

Make sure to call an experienced Illinois Work Comp lawyer.

Questions about what the insurance company is doing to you? Feel free to contact Illinois Work Injury Attorney Dirk May at 309-827-4371.

Work Injury Examples

This is a Virginia case, however probably same result in Illinois.

McDonald’s Manager Saves Bag of Fries, But Sustains Neck Injury

A Virginia appellate court affirmed an award of workers’ compensation benefits to a fast food manager, working at a McDonalds restaurant, who testified that she felt a pop in her neck followed by a burning pain when a small bag of French fries slipped from her hands and she impulsively bent over quickly to catch the bag before it hit the floor. The employer had denied the claim, citing Plumb Rite Plumbing Service v. Barbour, 8 Va. App. 482, 382 S.E.2d 305 (1989), in which the court held that the simple act of bending over, absent any unusual or awkward movement does not provide a sufficient nexus to the employment to meet the “arising out of” standard. The court stressed that in the instant case, however, the record revealed more than mere bending. When the bag of fries slipped, the manager was required to bend, jerk, and twist, and to do so quickly. The combination of these motions was done to advance employer’s business—timely serving the drive-thru customers without throwing away the fallen food and preparing new food. The court acknowledged that people routinely bend in their everyday activities, but here the combination of quickly bending, twisting, and jerking as necessitated by the job-related circumstances was sufficient to remove the actions from a “risk of the neighborhood” to a natural incident of the work.

Big Work Comp Mistakes to Avoid

Make these mistakes and it may blow up your Work Comp case and result in no recovery or a low recovery.

Do not forget to complete a work injury report and get a copy of it.

Remember, you need to prove everything.

Do not wait to go to the doctor because you think it will get better.

Always go the doctor right away. If it does not get better, then you  are ahead of the game.

Tell all the medical people how you were hurt on the job.

The insurance company and the Judge look closely at the medical records and if they do not list a work injury you are in trouble.

Complete all your treatments and tell the medical providers all the problems you are having.

Make sure to get an off work slip each visit.

You must document everything in Work Comp.

Do not let the doctor release you without them detailing all your limitations.

Get help right away for your work injury. Feel free to contact Illinois Work Comp Attorney Dirk May at 309-827-4371.

Illinois Work Injuries- What to Expect

Here is what to expect if you are injured at work in Illinois:

  • You will be paid while off work at the rate of  2/3rds of your average weekly wage;
  • Your related medical treatment will be paid;
  • You will receive a settlement based on 60 percent of your average weekly wage.

If this does not happen you should contact an experienced Illinois Work Injury lawyer immediately.

Some insurance companies will take advantage of injured workers and assume that they do not understand the law.

Feel free to contact to Illinois Work Injury attorney Dirk May at 309-827-4371 to discuss your work injury case free of charge.

 

Illinois Work Comp Allows For Some Mental Trauma Cases

https://www.nytimes.com/2016/10/28/us/orlando-shooting-police.html?rref=collection%2Ftimestopic%2FWorkers%27%20Compensation%20Insurance&action=click&contentCollection=timestopics&region=stream&module=stream_unit&version=latest&contentPlacement=4&pgtype=collection

Click above to read.

Illinois law permits payment for some mental trauma situations. For instance, if you are a first responder and you suffer trauma as a result of directly aiding victims then you have a strong claim. Cases have been denied for general on the job stress such as school teachers.