Watch Out for this Work Injury Mistake

I recently took the testimony of a treating doctor and it reminded me of a very important tip for those injured on the job.

The doctor testified that his patient told him that he was injured at home, and not till later did he mention a work accident.

This is very damaging to an injured worker because normally the Arbitrator will pay close attention to what the patient initially tells the health care providers.

The theory is that you are most accurate at or near the time of your accident.

At times you can overcome big mistakes like this with testimony of a witness who saw the accident, or if your earlier medical records contain an accurate history of your accident.

However, it pays to make sure that you tell every health care provider that you were injured at work  and how it happened.

Do not sink your case with careless mistakes.

Questions about your work injury claim? Feel free to contact Illinois Work Comp Lawyer Dirk May at 309-827-4371.

 

 

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.