workers compensation | Robert Edens Law Office

May 5, 2022February 7, 2023

What Is The Average Payout For Workers’ Compensation In Illinois?

A work injury, or even an occupational disease, can disrupt your life, health, finances, and overall wellbeing for years. Workers’ compensation is an insurance system designed to compensate you for these losses if you are injured in a workplace accident. The benefits or payout you receive will depend on your existing condition and wages before you were injured.

Determining a settlement for a work-related injury can be a challenge without help from Antioch workers’ compensation lawyers. That’s because you need to consider several factors to determine the total amount. The compensation usually covers reasonable medical care that you need in order to recover from your injuries.

Determining the Average Payout for Workers’ Compensation

Your Antioch workers’ compensation lawyers will evaluate your case based on certain factors before they come up with a compensable payout:

Scheduled injuries

As per Illinois law, you can receive compensation for the maximum number of weeks for different body parts injured at work. Here is a complete list you can go through. You can determine the total compensation you are owed by multiplying 60% of your average weekly salary by the total number of weeks for the injured body part. Here is an updated list of maximum and minimum weekly benefits for workers’ compensation in the state you should also look into.

Loss of Ability to Perform a Task

Compensation for loss of ability post-injury is calculated differently. The loss percentage is multiplied by 500 to determine the number of weeks of compensation for the worker. These are then multiplied by 60% of the worker’s weekly average salary.

Wage Differential

If a workplace injury forces the worker to accept another job that doesn’t pay as much as the old one, they are owed two-thirds of the wage difference between the two.

Why Workers’ Compensation Calculators Don’t Work

No matter how accurate an online workers’ compensation calculator may seem, they are far from accurate. Some insurance companies try to dupe their policyholders into using them to fool them into accepting a lower claim.

The issue is obvious – these calculators are biased in favor of insurance companies. Too many factors are involved in calculating compensation. An automated solution cannot determine an exact amount. You need to wait till you reach maximum medical improvement (MMI) before your Antioch workers’ compensation lawyers can determine a precise settlement value. They will discuss all aspects of your claim before they tell you about the payout you are entitled to.

Contact The Law Offices of Robert T. Edens for a Consultation

The Law Offices of Robert T. Edens have represented workers whose compensations have been denied by insurance companies and employers for years. We have more than two decades of experience fighting for their rights and can also get you the compensation you deserve.

So if you or someone you know has been injured at work and their workers’ compensation has been wrongfully denied, get in touch with us for a consultation today. We will take a detailed look at your case before creating a strategy that can work for you. We have recovered millions for our clients and are confident that we can do the same for you if need be.

December 7, 2021February 7, 2023

What Not To Say To A Worker’s Comp Doctor

If you have suffered a work-related injury and have filed for worker’s comp, you will need to undergo an independent medical exam with an approved doctor. However, keep in mind that the insurance company pays these doctors. As such, they may try to reduce costs for the insurance company with details you may unknowingly divulge.

Here are some things you should not say to a worker’s comp doctor to ensure this doesn’t happen:

Giving Inaccurate Details about the Accident

The first thing your doctor will ask you is how you got injured, and the question will be asked multiple times to make you slip up. Avoid giving inaccurate or too many details and stick to the facts. If you cannot recall some details, leave them out rather than guessing, and do not exaggerate the incident or the pain you are in.

Exaggerations can lead to discrepancies which can hurt your chances of getting the maximum compensation for your injuries. For example, if you say that someone pushed you and CCTV footage says otherwise, it will raise questions about the legitimacy of your claim.

Saying You Don’t Have Health Issues When You Do

Your doctor will ask if you had similar injuries before the one that caused your existing ones. The information helps them determine treatment options. However, since worker’s comp insurers often use an illness or prior injuries to argue that injuries are not work-related, the chances are that you will say you were never injured or are healthy even if you aren’t.

That is a mistake. If you think anything in your medical history will affect your claim, hiding it or denying it will damage your credibility. Be upfront with the doctor to ensure it is accounted for from the beginning.

Saying You Can Work With Your Injuries or Pain Doesn’t Affect Your Productivity

During the consultation, describe your injuries and pain to your doctors and therapists as accurately as possible. Accurate details will help them determine how both limit your job performance. These professionals see worker’s comp patients regularly and know what is required for a valid claim, and will record your statements.

This is not the time to suffer in silence. If working is agonizing because of your injuries, do not say you are fine and can continue working. Be forthright with each healthcare provider you visit about how your injuries are affecting your work. The compensation you receive may be limited otherwise or, worse, rejected.

Don’t Badmouth Your Employer

Depending on the circumstance surrounding your injuries, you may be tempted to use some choice expletives for your employer during a medical consultation. Even if your boss reacted badly to your claim, the worst thing you can do is vent in front of your doctor.

Unlike other medical cases, there is no such thing as doctor-patient confidentiality in a worker’s compensation claim. In other words, whatever you say to the doctor will be used to gauge your credibility and temperament. If either is lacking, you may lose out and will have to pay out of pocket for your medical bills.

Contact Robert Edens For a Consultation Today

If your compensation has been denied by the insurance company or your employer, you can and should sue. Contact the worker’s comp lawyers in Waukegan from The Law Offices of Robert T. Edens today! We have extensive experience representing clients like you get the compensation they deserve.

September 20, 2021February 7, 2023

What is a Wage Differential In Workers’ Compensation?

Most Illinois workers are aware of essential Workers’ Compensation benefits such as covered medical treatment disability payments. However, there is one other benefit that is essential for their financial security. It’s called ‘wage differential,’ and it can ensure you can go a long way in reducing your stress if you suffer from serious workplace injuries.

What is a Wage Differential?

If your workplace injury incapacitates you to the point that you have to quit your job, you may be eligible for a wage differential settlement.

Here is how it works. Whether your injuries prevent you from working permanently or temporarily, your employer may offer to give you ‘light duty’ that can accommodate your physical limitations.

If the new position hurts your salary, you are eligible for a solution that pays you part of the difference. It is called wage differential benefits, and it can only be applied if you qualify for Workers’ Compensation.

If you are eligible, you are entitled to 2/3 of the difference between your old wages and your light-duty salary as per wage differential laws. So not only will you get a regular paycheck for your new position, but you will also get a workers’ compensation check for 2/3rds of the difference between the wages.

To qualify for a wage differential settlement, you have to prove that you cannot pursue your original and customary line of employment. An experienced Workers’ Compensation lawyer in Antioch can help you establish this and calculate the amount you can receive. They can also help you determine if you are eligible for this award or not.

If your light-duty job puts your recovery and health at risk, you are a good candidate for temporary total disability (TTD) payments. You can also claim this benefit if your employer is unable to accommodate your limitations at work.

Denied Wage Differential Payments? Here is What You Should Do

The Illinois Workers’ Compensation Act describes how and when an injured employee is eligible for wage differential payments. However, this doesn’t mean that employers and insurance companies will comply. In some cases, they may try to withhold benefits by saying you are ineligible.

Contact us to discuss your legal options if you or someone you know qualifies for wage differential payments, but cannot get them because of uncooperative employers/insurance companies. As a dedicated and skilled Workers’ Compensation lawyer in Antioch, Robert Edens can develop a strategy that can ensure you get the compensation you deserve. His team of lawyers has recovered millions of dollars in claims for their clients. Ensuring you can get a wage differential settlement is barely a challenge for them.

You can get in touch with him and his team of workers’ compensation lawyers at the Law Offices of Robert T. Edens in Antioch, Waukegan, Libertyville, Woodstock, and Chicago, IL. At this point, the worst thing you can do is rely on advice from your employer or insurance company. They may try to sabotage your claim. We can ensure they don’t get away with it. Get in touch with us for a consultation today!

July 16, 2021February 7, 2023

Does Fault Matter When Filing A Workers’ Compensation Claim?

Illinois’ workers’ compensation law is based on a no-fault system, which means that even if you are at fault for your workplace injury, you are still entitled to full worker’s compensation benefits. If you are being denied, you have every right to hire a Cook County workers’ compensation attorney. However, there are some rare cases where the fault is irrevocably yours.

When Fault Doesn’t Matter

Here are some common examples of when a workplace injury is not your fault, even though it seems like it:

You hurt yourself running down a flight of stairs at top speed for a meeting you are late for.
You drop a heavy box on your foot breaking it even if you were careless while handling it.
You throw your back lifting a heavy object because your form was incorrect.

You can still get your medical bills taken care of and get time off work for these types of workplace injuries.

When Fault Matters

This doesn’t mean that fault never matters when it comes to a worker’s compensation claim. Here are some rare instances in which it can matter:

If you hurt yourself at work because you were inebriated or high. That can be considered a violation of workplace duties and may prevent you from getting full compensation. However if your Cook County workers’ compensation attorney can prove that your condition did not contribute to your accident, you can maximize the amount you receive.
If you were fooling around at work and got injured as a result. For example, you work as a security guard at a golf course and take a golf cart for a joy ride. If you get into an accident while driving and hurt yourself, your injuries may not be covered. That’s because the incident was not a part of your job duties.
You get into a fight with a colleague and you are the aggressor. You may not get compensation because you instigated the fight.

Proving An Injury Is Work-Related

While you don’t have to prove that a workplace injury was your boss’s fault, you do have to prove that it occurred at work. Workers’ comp fraud can carry serious consequences so pretending a home-based injury happened at work can land you in hot water.

The workplace injury has to be reported within 45 days. The longer you wait, the less likely your boss may believe your claim and may refuse to cooperate. The insurance company may latch onto this and say you don’t have grounds for a claim.

Whether you were at fault for your workplace injury or not, you deserve compensation. If your boss or the insurance company is denying your claim, get in touch with our Cook County workers’ compensation attorney at the Law Offices of Robert T. Edens today. We have over two decades of experience helping workers get the compensations they deserve and can help you too. We will take a detailed look at your case before formulating a strategy.

June 25, 2021February 7, 2023

Do I Need An Attorney To File A Workers’ Compensation Claim?

Accidents are a common occurrence in the workplace. You can fall off a ladder and break your arm, trip over wires and sprain your ankle or get carpal tunnel after years of typing. A workers’ compensation lawyer in Antioch can ensure you get the compensation you deserve if your employer refuses to give it. This includes the money you lose in terms of lost wages and medical bills.

Why You Should Hire A Workers’ Compensation Lawyer In Antioch

This is important because while recovering disability and medical benefits post a workplace accident should be a straightforward process, it rarely is. While the reason for hiring a workers’ compensation lawyer in Antioch is to maximize your financial recovery, he/she can also help you overcome any obstacles you may encounter. These include the following:

Your Employer Refuses To Believe/Denies The Accident Happened

This can happen if you suffered a slight injury at work and did not report it and it got worse later. The employer or insurance carrier may deny that the original injury happened at work. This can also happen if long-term effects of exposure to a toxic substance at work result in disease.

Your Employer Delays The Claim

Once you report an injury at work, the company has to provide you the proper paperwork immediately, so that you can record your claim. They should also report it to the compensation board and file a claim with the insurance carrier. If your employer is dragging his/her feet in a bid to miss the deadline or even because of sheer laziness, a lawyer can step in and expedite the process.

You Suffered Permanent Disabilities That Compromise Your Work Performance

Insurance companies are more likely to contest these claims since they tend to be the most expensive. A worker’s compensation lawyer in Antioch will ensure you get the amount you deserve if not more.

The Insurance Company Refuses To Pay For a Treatment Your Doctor Recommended

If your injuries require you to get rehabilitation, those visits may be deemed unnecessary by the insurance company which is wrong. Your lawyer can ensure they don’t get away with it and those treatments are adequately covered.

Your Employer Retaliates Against You For Filing a Claim

If your employer fires or demotes you or reduces your hours/pay because you filed a workers’ compensation claim, a lawyer can ensure your legal rights are protected. You can even claim damages resulting from the discriminatory actions.

Your Injuries Were The Result Of Someone Else’s Actions Or Misconduct

The worker’s compensation system was designed to avoid civil lawsuits in case of workplace injuries. But you can also sue outside it in certain circumstances. For example, if say a negligent driver who does not work for the company hit your car while you were driving to work or your employer did, an experienced lawyer can explain how the law applies to these situations.

If you are in search of an experienced worker’s compensation attorney, get in touch with us at the Law Offices of Robert T. Edens today. We have been fighting for the rights of workers like you for more than two decades. Get in touch with us for a consultation today.

June 3, 2021February 7, 2023

Workers’ Comp Adjuster Tricks To Be Aware Of

Workers’ compensation serves as a safety net for employees faced with a work-related injury. It covers their medical bills and rehabilitation costs, and other damages such as lost wages resulting from the injury. They also provide death benefits to dependents of a worker who is killed in a work-related accident. In 2018 alone, around $62.9 billion were paid in workers’ compensation benefits, according to the Insurance Information Institute.

However, receiving the coverage you deserve in workers’ compensation is more difficult than most employees think. You don’t know how low insurance providers can go to minimize the compensation they need to pay out. You might well be under 24/7 surveillance in an attempt to spot loopholes and inconsistencies in your case. Here are some workers’ comp adjuster tricks to look out for when you file your claim:

Using Private Investigators

Regardless of whether a claim is contested or uncontested, insurance companies often hire private investigators to keep an eye on you. The purpose is to collect evidence against you that shows that you violated your doctor’s restrictions, such as not leaving your home or lift heavy objects. For example, if you attempt to leave your home when you’ve been told not to, you will most certainly be videotaped doing so.

Recording Your Statements to be Used Against You

Before you receive medical treatment or get paid for the damages, your insurance company will do its best to obtain a recorded statement from you. Their request may sound innocent but their aim is to use your comments against you. Insurance agents know that the victim of the accident will be under severe stress right after the event took place and may give out information that can be used against their case.

Therefore, we recommend hiring a workers’ compensation lawyer as soon as possible, especially before you give out any information to insurance providers. More importantly, understand that you are not legally bound to give a recorded statement.

Voluntarily Paying You Benefits

When insurance providers realize your case is strong, they voluntarily make compensatory payments but fail to inform you about your obligations so that you lose your benefits at some point in the future. What they hide from you is that if you don’t obtain an award order and file a claim for benefits form, you will no longer be entitled to the payments you deserve when the statute of limitations runs out after a year from the day of the workplace accident.

Seeking a Blank Medical Authorization from You

When you file your workers’ compensation claim, your insurance provider may proceed to a fishing expedition, looking for any pre-existing medical conditions that might justify a low payment or dispute. Don’t fall for the trap of giving them a blank medical authorization. They’ll use this authority to find medical conditions that may undermine your case.

Now that you’re aware of some common insurance adjuster tricks, you should be in a much better position to dodge them as they come your way. Don’t become complacent here; hire Robert Edens, a reliable workers’ compensation lawyer in Grayslake, who will offer expert advice from the beginning till the end.

June 3, 2021February 7, 2023

What Not to Do While on Workers’ Compensation

Although working conditions have improved over the years, workplace injury remains an ongoing problem for workers. According to the U.S. Bureau of Labor Statistics, around 5,333 American employees lost their lives due to a work-related injury in 2019 alone. Even if an injury doesn’t prove fatal, it can lead to injuries that may lead to lost wages and other damages.

While Workers’ compensation is the only way to recover the loss, certain mistakes on your part can destroy your case, depriving you of the compensation you deserve. Here’s what not to do while on workers’ compensation.

Delayed Reporting of Your Work-Related Injury

This is one of the most ridiculous, yet common mistakes employees make while on workers’ comp. When you don’t immediately report the work incident and the associated injury, the insurer for your workers’ compensation assumes that you faced no major injuries. While you have 45 days to report your injury in writing to your employer, report the damages the day you face them. And if you missed the deadline of 45 days, you won’t receive any compensation at all.

Seeking Workers’ Compensation Benefits After Being Terminated or Laid Off

Some employers will fire or lay off workers who recently faced a workplace injury but haven’t yet reported the issue. This way, they get away with the liability or may not have to pay as much in compensation as otherwise. The problem is that insurance companies assume that workers’ compensation claims filed by employees after being terminated or laid off are motivated by anger or revenge against the former employers, and are thus false. Such claims are always viewed with suspicion and deeply scrutinized.

Ideally, you should take a medical exam within 24 hours of facing a workplace injury. Otherwise, you may not be able to prove that your injury was a direct result of the work accident.

Not Being Honest About Your Injuries

Many victims of a workplace injury will let their emotions take over and will exaggerate while reporting the accident and the injuries. Keep in mind that if your description of how you sustained the injury, how severe it is, and other details are not consistent with the results of your medical exam, your workers’ comp claim may be denied. Thus, when speaking to your employer or healthcare provider, stay honest about what exactly happened.

Not Choosing Your Own Doctor

Many corporate giants have a retainer or doctor on staff. Don’t assume that you can’t choose your own doctor and will have to wait for the company doctor for treatment. This further delays the reporting of the injuries, which is exactly what these companies want. Be informed that as an injured employee, you have full command over who you want to consult and seek medical care from. Instead of waiting for the company doctor to treat you, make an appointment with your own family doctor and explain the situation.

Workers’ Compensation Lawyer In Antioch

While avoiding these above-discussed mistakes should help you with your workers’ comp claim, securing full coverage from your insurance agent can still be a big challenge. Consult Robert Edens, an experienced workers’ compensation lawyer in Antioch, who is dedicated to securing you the reimbursements you deserve.

April 29, 2021February 7, 2023

What Do I Do If My Workers’ Compensation Claim In Illinois Is Denied?

When a workers’ compensation claim is denied, it can be quite shocking, but the good news is that it is not the end of the road. A Waukegan workers’ compensation attorney can walk you through the appeal case but before that, make sure that your claim was denied without reason.

Why workers’ Compensation Claims are Denied

If you are denied workers’ comp benefits, your employer is obligated to send you a written explanation of the reasons behind it. If that hasn’t happened, approach your employer yourself for an explanation. While each case is unique, most claims are denied because of the following reasons

Incomplete Report Or Lacking Records

If your report is incomplete or missing vital details, your claim may be denied. This is nothing that a quick revision cannot fix.

A Pre-existing Condition

An employer may try to deny benefits by claiming your injury was a pre-existing condition. However, even in this case, you may be able to get compensation especially if the condition worsened because of your job.

The Accident Occurred Off-Site

As per Illinois law, your injury has to arise from your employment for you to be eligible for compensation. However, you can still claim benefits even if it happens offsite while you were working for the employer. If your employer is denying you compensation because of this, you should hire a Waukegan workers’ compensation attorney to dispute the decision.

The Injury Isn’t Covered

Certain injuries may not be covered by your workers’ Compensation such as mental health. If that is the case, even if you work in a stressful environment, your claim for psychiatric care may be denied.

Lack of Cooperation

If you fail to cooperate with the insurance company when they call you to ask about your claim, it may be denied. This can happen if you refuse to give a recorded statement. While you have the legal right to not do so, your claim can still be denied. In this case, you should hire an attorney to dispute the denial.

Workers’ Compensation Appeal

You have the right to appeal a denial of your workers’ compensation claim. There are several ways to do this. You can bring your case to an arbitrator who is appointed by the Illinois workers’ Compensation Commission (IWCC). If the decision is unsatisfactory for you, you can go ahead and appeal to IWCC commissioners.

If you are still denied benefits, you can appeal the case to the Appellate and Circuit Court. If that is unsuccessful as well, you can ask your Waukegan workers’ compensation attorney to take your case to the Supreme Court. In this case, you may end up with more compensation than you anticipated because of the hardships you had to endure due to denial of the claim.

See more on our Illinois Workers’ Compensation FAQs page.

The Law Offices of Robert Edens have been fighting for the rights of injured workers for two decades and can help you as well. If you or someone you know is being denied benefits by their employers, get in touch with us for a consultation today. We have experienced attorneys who can handle your case and ensure you get the compensation you deserve.

February 26, 2021February 7, 2023

Is There A Time Limit for Workers’ Compensation Claims?

Most people who get injured at their workplace don’t know that their ability to receive benefits is bound by the Illinois statute of limitations for workers’ compensation claims. The statute of limitations is basically a deadline before which a claim needs to be filed. If the injured party fails to file a claim before the deadline mentioned in the statute, then they will not be entitled to receive the benefits.

The Statute of Limitations For Workers’ Compensation Claims

In Illinois, there are two deadlines that injured employees need to meet in order to maintain their eligibility for worker’s compensation benefits. The first deadline is for the reporting of the injury and the second one for filing a claim for benefits.

1. Deadline to Report the Injury

According to Illinois law, all injured workers who want to file a worker’s comp claim have to report their injury to their employer within 45 days of the accident. However, it’s not advised to wait out the entire 45-day period and you should ideally report your injury within an hour of it happening.

On the other hand, if you’re suffering from an occupational illness instead of a job-related injury, the 45-day deadline doesn’t apply. In this case, you need to inform your employer about your condition as soon as you become aware of it.

2. Deadline to File A Claim

Reporting your illness or injury is not the same as filing a claim for worker’s compensation benefits. After you report your injury or illness, you will have to file an Application for Adjustment of Claim through the Illinois Workers’ Compensation Commission.

As per Illinois law, you can file a worker’s compensation claim up to 3 years from the date you got injured or ill. So, if you got injured at your workplace on January 1, 2020, you have until January 1, 2023, to file a claim.

If you have any questions regarding the time limit for filing a claim or if you need help with filing a claim, get in touch with The Law Offices of Robert T. Edens. Never assume that you’re late in filing a claim for your injury, or that you aren’t entitled to benefits, even if your employer or the insurance company tells you so. To contact us, dial (847) 395-2200.

See more on our Illinois Workers’ Compensation FAQs page.

January 27, 2021February 7, 2023

Can I Get Workers’ Compensation For Contracting COVID At Work?

The COVID-19 pandemic has forced more employees in their homes due to quarantine than businesses can handle. While granting worker’s compensation in these unprecedented times is tricky, professionals that deserve to be compensated are frontline and healthcare workers who are on the front lines trying to keep the pandemic at bay. COVID has caused record-high unemployment in Illinois, as well as most areas of the U.S.

Similar to other occupational illnesses, an employee has the right to seek workers’ comp benefits for medical treatment and lost wages related to the COVID-19 virus. If you wondering if you can receive workers’ compensation for COVID-19, the short answer is ‘yes,’ but only when certain criteria are met. Here’s what you need to know.

COVID-19 as an Occupational Disease or Illness

According to circumstances, the coronavirus pandemic can be considered as an occupational disease or illness because it is highly contagious and spreads quickly. Worker’s compensation covers occupational disease if it arises out of the course of employment. Since the disease spreads like wildfire, an infected super spreader can infect several others in his/her vicinity on the first contact.

A number of factors have to be met for this criterion to be effective. This includes the following:

It can be traced back to the place of employment to determine proximate cause.
There is a direct connection of the disease with the work conditions under which work is performed.
It does not originate from a hazard to which other workers would have been exposed if they were not in the workplace.
The disease manifestation was the result of a natural incident that cropped up at work or due to exposure caused by the nature of the employment.

In other words, if there is a direct connection between your work duties and COVID-19 exposure, you are eligible for worker’s compensation. However, this only applies to health care professionals or first responders who naturally have higher chances of contracting the disease in the course of their work.

Your Attorney Should Be Moving Forward With Your Case

If you are concerned court is not taking place due to COVID, it still is – just not in-person. The vast majority of court cases are proceeding forward via Zoom or other platforms. COVID-19 should not be a reason to delay filing your workers’ compensation case.

HB 2455

This is not just hearsay. June 5, 2020, Illinois Governor, JB Pritzker signed HB 2455 into law, allowing worker’s compensation coverage for this sector of the workforce. By putting this law into practice, Illinois effectively became the latest state to allow a presumption of the coverage that specifically covers COVID-19. Besides the state, Kentucky, Alaska, Arkansas, Missouri, Michigan, California, and other states had signed similar laws into practice.

If you are a frontline or healthcare worker and your employer refuses to provide or withhold workers’ compensation from you, you need a workers’ compensation lawyer in your corner because you have the right to file for workers’ compensation benefits. Get in touch with an employment law attorney who specializes in such cases at the Law Offices of Robert T. Edens today. You can reach us at our offices in Chicago, Libertyville, Waukegan, Woodstock, and Antioch, IL. See more on our Illinois Workers’ Compensation FAQs page.