Testimonial Tuesday :)

"I'm extremely grateful to Horwitz, Horwitz & Associates. They truly have their client's best interest at hand. Marc Perper and Dulce were knowledgeable and helpful in guiding me through my workmans' comp process. I would highly recommend this law firm to friends and family."
With great appreciation,

Jim - South Chicago Heights

Want to know how Marc Perper might be able to help you and your workers' comp case? Click HERE to see his profile. For  free consultation, please call 800-594-7433

Fighting for Injured Workers' Rights Since 1924

FAQ - What do I do if I am under surveillance?

Workers' Compensation Attorney, Tyler Berberich talks about what to do if you are under surveillance. 

Do you have a question? Contact Tyler today at Lawyers@HorwitzLaw.com or call 800.594.7433

If you're injured on the job, are you covered by workers' compensation insurance through your employer?
Will your medical bills be paid in a timely manner? Can your case and/or your benefits be denied? Should you let your employer or their insurance representative tape record your conversations?

What might seem like a "no-brainer" case to you can often become complicated and distorted with time. Sadly, there's often third-party liability that injured employees are not aware of and fail to receive compensation from.

It's wise to seek a knowledgeable attorney immediately; one who is experienced with the laws surrounding injuries on the job and can best protect your right to full compensation under the Illinois Workers' Compensation Act.

Horwitz, Horwitz & Associates, LTD is known for its commitment to those who were injured on the job and has earned the respect of countless union organizations throughout the state.

Testimonial Tuesday!

Clifford fights so hard for people because he truly cares.

"I hired Clifford and his partners at Horwitz, Horwitz & Associates in 2007. Since then he has worked so hard on my case and I knew that I was going to have the best representation. Clifford helped me understand what was going on every step of the way. When it came time for trial, I watched and listened to how much detail and passion he had for my case. I was very impressed and even though it was a very serious case, it was fun to watch him work. I can't thank him enough for what he did for my family and I. I look forward to having Clifford as a friend when this is all finished. Thank you Clifford."

If you want to learn more about Cliff Horwitz, have a question or want to give us a testimonial, please contact us today on our website or call toll free 800-594-7433

Attorney Highlight - Tom Kelliher

"Early on in life, my parents instilled in me the belief that justice is a right which our country protects. I have never abandoned that idea in adulthood, which is why I routinely and consistently battle for justice on behalf of my clients."

Thomas A. Kelliher is a seasoned litigator who has first-chaired 30 trials during the course of his career. When engaged in defense work for the city of Chicago, Tom won 90 percent of the 29 cases he tried to jury verdict. In the one plaintiff case he has tried to verdict – a premises liability lawsuit involving a back injury – he won a jury verdict exceeding $1 million for his client.

Included in his professional experiences are matters that involve such areas of legal practice as:

• personal injury and negligence
• automobile and trucking accidents
• product liability
• nursing home neglect and abuse
• medical malpractice
• pharmaceuticals litigation
• premises liability
• insurance coverage disputes
• antitrust matters
• multidistrict and class action litigation
• appeals

Tom also serves as the chief writer of appellate court briefs at Horwitz, Horwitz & Associates, Ltd. Like his colleagues at the law firm, Tom is known for being an extremely talented, passionate, aggressive and sharp trial attorney.

Born in Santa Monica, Calif., Tom graduated from high school in Arlington, Va., before attending the University of Virginia and The John Marshall Law School. He currently resides in Westchester and enjoys golf, barbecuing and spending time with family and friends.

Honors and Awards

• William J. Harte Amicus Volunteer Award, Illinois Trial Lawyers Association
• Constitutional Rights Foundation Chicago Volunteer Award
• Phi Delta Phi
• Order of John Marshall

Prior Employment

Before joining Horwitz, Horwitz & Associates, Tom was an assistant corporation counsel in the torts division of the law department of the city of Chicago. Earlier in his career he litigated personal injury and product liability matters for a plaintiffs’ boutique firm in Chicago. Tom was a law clerk for Judge Robert D. Sundby of the Wisconsin Fourth District Court of Appeals in Madison between 1994 and 1996. Before he entered law school, Tom worked for the Niagara Mohawk Power Corporation in Syracuse, N.Y. 

Civic and Charitable Associations

Tom has tutored and mentored many children. He volunteers with the Lawyers in the Classroom program of the Constitutional Rights Foundation Chicago. CRFC, a nonprofit and nonpartisan community-based organization, works with elementary and secondary schools to develop critical thinking skills, civic participation, and a commitment to the rule of law among young people. It also seeks to instill a deeper understanding of citizenship through values expressed in the U.S.Constitution and its Bill of Rights.

From 1999 to 2006, Tom also volunteered with the Law Explorers Project of the Chicago Bar Association, which introduces teenagers to careers in law and government.

Pro Bono

As required by the Federal Trial Bar, Tom handles a limited number of assigned federal pro bono cases.

Professional Associations

Illinois Trial Lawyers Association, Chicago Bar Association, Will County Bar Association, Illinois State Bar Association

Publications and Presentations

In addition to making presentations at Chicago Bar Association events, Tom has spoken to senior citizens at community centers about nursing home neglect and abuse, tort reform and medical malpractice.

A former staff editor of The John Marshall Law Review, Tom’s most recent publication is “Products Liability in Design Defect Cases: Application of the Consumer Expectation and Risk-Benefit Tests,” Trial Journal, the quarterly magazine of the Illinois Trial Lawyers Association, Summer 2005.

Education 

• The John Marshall Law School (J.D., cum laude, 1994)
• University of Virginia (B.A., 1989)

Admissions

• Illinois, 1995
• Wisconsin, 1994
• U.S. District Court, Northern District of Illinois
• U.S. District Court, Southern District of Indiana
• 7th U.S. Circuit Court of Appeals

Contact Tom today by calling 800-594-7433 or ask a question on our website.

Your 3 Basic Rights: Part II

Compensation for time off work (temporary total disability)

The second right you have under the Act is the right to compensation for periods of time that you cannot work due to your work related injury. This is called temporary total disability ("TTD"). This is a weekly benefit, although many insurance companies prefer to pay it every two weeks (if at all). The weekly amount is 2/3 of your average weekly wage ("AWW"), subject to maximums and minimums. These can be found here. Temporary Total Disability, like all benefits under Workers Compensation Act, is tax-free. Your average weekly wage is going to require a spreadsheet to calculate correctly, but you can get a good estimate if you work regular hours. Just multiply the number of hours you regularly work each week by your hourly rate. If you regularly work a 50-hour week, and 10 of those hours are paid at time and a half, forget about that extra half you get for the overtime. In fact, stop thinking of it as overtime, since technically overtime is not included in your average weekly wage.

Some case law has indicated that - to be included in your AWW - the hours need to be both regular and mandatory. Mandatory means that if you aren't available to work those 50 hours each week, you could lose your job. Other cases indicate that it's enough that the hours are worked regularly, but beware. If you say you regularly work a 50-hour week, and there's one week that you worked 49 hours, the courts might say 50 hours ins't a regular week. (call for more details on this subject 800.594.7433)

Let's get back to temporary total disability. The important thing is to realize this; the insurance adjuster will frequently underestimate your temporary total disability rate. (We'll be generous and assume this is done by accident.) So do the math and if you think you're being underpaid, let the adjuster know.

In order to be entitled to temporary total disability, you need regularly updated work status slips from your doctor. Your doctor might take you off work completely, or place you on temporary restrictions. If you refuse to even try this light duty, your temporary total disability will be cut off. So show up for the light duty job and give it an honest try, as long as it's within your restrictions. If performing the job causes pain, see your doctor and get your restrictions modified accordingly.

Bear in mind that if youre working light duty but earning less than you would normally be earning, you're entitled to a different benefit called temporary partial disability.

Excerpt from Mark Weissburg's book, How to Win a Workers Compensation Claim in Illinois 

Want to learn more about compensation for time off work or if you have questions about your injury, contact us today or call (800) 594-7433

Record Verdict For an Injury

Click to enlarge

For more information about our firm please visit our website or call 800-594-7433

Testimonial Tuesday!

"Michael is not just a lawyer, he is my friend"

"Since 2007 when my case started until it ended in 2012, Michael has been such an important part of my life. He and his partners at Horwitz, Horwitz & Associates fought a long hard fight and won. If I had any questions, problems or just needed to talk, Michael was a phone call away. During my trial I watched and listened to Michael and was so impressed by his knowledge of my case and how compassionate he is. Michael explained everything about my injury in such detail that it was easy for anyone to understand. Michael was next to me when the verdict was read and was the first to shake my hand and talked to me while I was so emotional from all the stress. My family and I will never be able to thank Michael and his partners enough for what they did. Once this is all done I look forward to having Michael as my friend. Thank you Michael."

If you want to contact Michael Carter, please call 800-594-7433 or go to our website for more information.

:)

You're 3 Basic Rights Part I

Right to Medical Treatment

In Illinois, the Workers' Compensation Act provides injured workers with three basic rights; Medical treatment, compensation for time off work and settlement at the end of your case. There are additional rights that will be discussed later but first you should become familiar with these three basic rights and what they can mean for your claim.

1st Right - Medical Treatment

If you have been injured, you deserve to get the best medical care available. In Illinois, we are very fortunate that injured workers are allowed to choose their own doctors. But you need to be aware of restrictions to this right. The most important is the "Two Doctor Rule." This rule states that you can make two initial choices of doctor, and that these doctors must then refer you to other health care providers for any additional treatment. Don't get bullied into getting treatment form a doctor you don't want to see.

Excerpt from Mark Weissburg's book, How to Win a Workers Compensation Claim in Illinois

Want to learn more about medical treatment rights or if you have questions about your injury, contact us today or call (800) 594-7433

Tragedy

Union workers from Iron Workers Local 40 raise a beam with a banner attached supporting victims of the Newtown school shooting during the Whitney Museum "Topping Out" Beam-Signing Ceremony in New York.

Ironworker Recovers Over 1 Million

Local 1 ironworker recovers over 1,100,000.00 as a result of injuries sustained due to stepping into an uncovered three foot deep excavation on a construction project. The Ironworker suffered a herniated disk in his back. He stepped into the excavation due to a storm that suddenly hit. He and other co-workers were trying to escape from a sudden storm. We alleged that the excavation should have been barricaded and that that general contractor James McHugh Construction Company should have known of the upcoming storm which packed 80 mile per hour winds. There had been storm warnings issued and McHugh had a responsibility stop the job due to inclement weather. McHugh argued that the danger was open and obviously the ironworker should have looked where he was going.  The case was prosecuted by Clifford W. Horwitz, Jay R.Luchsinger and Michael D. Carter.






If you have a question about an injury, contact us today! 

Frequently Asked Question Friday!!!

Why Must I Report My Injury?

Your employer has a legal right to know about your injury. If you delay or fail to notify your employer of your injury, you may lose your right to receive compensation. Therefore, even if your injury does not at first appear to be serious, the event/injury should be reported immediately.

Horwitz attorney, Tyler Berberich states, "When reporting your injury, be specific about what part(s) of your body are hurt and what work activity you were doing that caused your injury.  The details about your accident may become very important if your claim is denied and a good description of your accident to your employer and/or on a written accident report can go a long way in getting your benefits."

Questions about your injury? Call 800-594-7433 or find more information on our website.

Horwitz Gets Clients Outstanding Results!

Horwitz attorney Mark Weissburg successfully defends client against false accusation of fraud

In another victory for workers’ rights, Horwitz partner Mark Weissburg has successfully defended an injured worker from accusations that he had committed fraud. His employer, ABF Freight, alleged that by attempting to return to work while collecting Workers’ Compensation benefits, the worker was somehow committing fraud. The arbitrator rejected this accusation, noting that “a claimant’s earning of occasional wages does not preclude a payment of [Workers’ Compensation temporary total disability benefits].” Because the few days of work “did not establish a stable labor market and because Petitioner continued to have restrictions from his doctor, his entitlement to temporary total disability for that period was not interrupted . . .”.  The arbitrator further found that ABF Freight “failed to show any statement by Petitioner that was both intentional and fraudulent,” and therefore rejected the fraud claim.

In the same decision the arbitrator agreed with Weissburg’s argument that to be certified under the act a vocational expert needed to be a Certified Rehabilitation Counselor. As a result, the opinions from ABF Freight’s expert, a Certified Case Manager, were not admitted into evidence and not considered.

The case is Fretts v. ABF Freight Systems, Inc., 09 WC 16718 (11/8/2012).

Horwitz, Horwitz & Associates continues to fight for its clients by arguing existing law and making new law beneficial to injured workers throughout the state of Illinois. If you want to be represented by the people who are willing to fight for your rights, call us today at 800-594-7433 or visit our website.

Bayer Verdict Press - Chicago Tribune

Horwitz Wins One of the Largest Personal Injury Verdicts in US History for Quadriplegic Iron Worker

Contact:                                                                                  FOR IMMEDIATE RELEASE

Jeanette Kiekbusch                                                                 November 15, 2012

Marketing Director

312.372.8822

Jeanette@horwitzlaw.com

Chicago Firm Horwitz, Horwitz, and Associates Wins One of the Largest Personal Injury Verdicts in US History for Quadriplegic Iron Worker

Almost half of $64 million verdict allocated to future medical expenses caused by unsafe work conditions

On Wednesday, November 14th at approximately 4:00 pm, a Cook County jury awarded one of the largest personal injury verdicts in the nation. The case is Ronald Bayer vs. Panduit Corporation 07 L 9877. Ronald Bayer, 41 years old from Monee, Illinois was awarded $64 million dollars for future medical expenses, pain and suffering, and related damages. Mr. Bayer was represented by Clifford Horwitz, Jay Luchsinger, and Michael Carter of the Chicago law firm of Horwitz, Horwitz & Associates. Defendant Panduit Corporation was represented by John W. Patton and Michael Vranicar of Patton & Ryan.

Bayer was a union iron worker from local 393 who fell head first 15-20 feet from a beam. Bayer suffered a C1 burst fracture, C7 dislocation fracture and C6 spinal cord injury. Bayer requires non-stop nursing care and lives with chronic pain. Bayer lost the functional use of his hands and complete use of his body from the chest- down.

Clifford Horwitz, owner and co-lead trial attorney states, “It was an honor and a privilege to represent Ron Bayer. Ron was known to his friends and co-workers as a hardworking, diligent and cautious union ironworker, before his life was shattered as a result of Panduit’s alleged carelessness.”

“Panduit was represented by one of the largest insurance carriers in the country, with virtually unlimited resources and highly skilled attorneys. But after carefully reviewing all the evidence, the jury recognized that Panduit maintained an unsafe jobsite in violation of OSHA regulations, ANSI safety standards, and internal safety rules. As a result, Ron suffered horrifying injuries, including quadriplegia and a traumatic brain injury with many complications.”

“No amount of money could possibly compensate this man for what he has been through and what is in store for him over the remainder of his life. Ron’s past and future medical bills alone are projected to reach approximately $30 million -- nearly half of the jury’s award.”

“While money alone can never make him whole, it’s reassuring to know that the jury’s verdict will enable Ron to obtain the quality medical treatment he will require over the remainder of his life.”

Trial attorney Michael Carter explained, “The jury heard four weeks worth of evidence and heard from seven different doctors and two Phd’s about Ron’s 30 million dollars’ worth of care, which he will need throughout his life. He suffered severe spinal cord and brain injuries and the results of this case prove that the system works. Twelve people from different walks of life came to a determination that this man should be fully taken care of and he should receive complete compensation for his injury.”

At Horwitz, Horwitz & Associates, our attorneys represent clients who have been injured due to a wide variety of situations including workplace accidents, construction accidents, auto accidents, defective products, and nursing home neglect and abuse. For more information about Horwitz, Horwitz & Associates, including a free consultation, please visit HorwitzLaw.com or call (800) 594-7433.

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Clifford Horwitz

Michael Carter

Jay Luchsinger

Testimonial Tuesday!

"I injured my back in October of 2006 working on a pipeline. I slipped in mud and fell resulting in serious injuries to my back, shoulder and neck. My claim was disputed at one point because the Respondent thought I was not complying with the pain management recommendations.  Marc Perper fought very hard for me and tried the case. I was awarded medical benefits, all lost benefits and will have open necessary medical and receive weekly checks for the rest of my life. HHA did a fantastic job and I have nothing but good things to say about this firm. The staff gave me excellent service and I can't thank them enough."

Team HorwitzLaw.com

Chicago Hot Chocolate 15/5k Run/Walk

HHA's walkers and runners raised money for the Ronald McDonald House and Little City Foundation.

Way to go Team! 

FAQ Friday! How do I protect my rights?

Why Must I Report My Injury?

Your employer has a legal right to know about your injury. If you delay or fail to notify your employer of your injury, you may lose your right to receive compensation. Therefore, even if your injury does not at first appear to be serious, the event/injury should be reported immediately.

Send us your question!

KEEP CALM . . .