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Weissburg's Workers' Compensation Tip of the Month: Surveillance

Surveillance - The White Van

You’re getting your Temporary Total Disability. The doctors are getting paid . . . eventually. Everything is going swimmingly. The adjuster seems really friendly on the phone. Life is good. Birds are chirping. There’s a rainbow in the sky. There’s a white van following you. There’s a . . . what?

Surveillance is very common in Workers’ Compensation claims. The purpose is to catch you doing something outside your restrictions. Even if you aren’t doing anything outside your restrictions, they’ll still act like you are. See that, we got surveillance of you pumping gas into your car. GUILTY!!!

If you see the white van following you around, make sure that you are staying within your doctor’s restrictions. In fact, that’s good advice even if they aren’t following you around. Always follow your doctor’s orders. But super duper follow them if you see the man with the camera.

The adjuster is not going to warn you about surveillance. It’s one more little tool in their toolbox they’d rather you not know about it. Now that you know, be careful. 

The above tip is taken from Horwitz Horwitz & Associates Attorney Mark Weissburg's book, How to Win a Workers' Compensation Claim in Illinois. For a free copy please visit one of our locations or call toll free and ask for Jeanette if you would like to receive one in the mail.
(800) 594-7433

FAQ Friday!

Q: Can an employer be held liable for an employee who develops a disabling mental condition because of the demands of the job and a supervisor's or director’s constant harassment?

A: In order to recover benefits under the Illinois Workers' Compensation Act, an injured worker must prove that she sustained an accident arising out of and in the course of employment.  Our upper courts have held that the term "accident" is broad enough to encompass injuries sustained over time due to repetitive or cumulative work -- even those caused solely by mental or emotional trauma with no traumatic physical injury.  However, an injury arises out of the employment only if it was caused by a risk peculiar to or increased by some act or phase of the employment.  An injury does not arise out of the employment if it was caused by a risk no greater than that to which the general public is exposed.

It can be said that virtually all employees in the modern American workforce are regularly exposed to the kinds of day-to-day mental and emotional stresses that you have described.  Illinois courts have generally found that overwork, discipline, demotion, termination, undesirable work shifts, arguments with coworkers or supervisors and the like, are common to the general public and not increased within any particular job, trade or profession.  Thus, most workers' compensation practitioners would likely decline to handle a claim such as that which you have described, even if the claim is fully supported by competent medical opinion and a definite clinical diagnosis.

Theoretically, a case could be compensable under our workers' compensation laws.  From a practical standpoint, however, such cases are expensive to prosecute and extremely difficult to prove to the satisfaction of our upper courts.

Marc Perper welcomes your comments on this, or any other Workers’ Comp issue and can be reached at (800) 594-7433, or by visiting our website at www.horwitzlaw.com.

About Marc Perper: Marc is a partner with the firm of Horwitz, Horwitz & Associates, Ltd., with offices in Chicago and Joliet.  Since 1984, he has represented injured workers at the Illinois Industrial Commission, in Circuit Court, and before the Illinois Appellate Court and the Illinois Supreme Court.

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Monday Mischief

We liked this sign from striking teachers last week. We are glad the strike is OVER!!! Hooray!

FAQ Friday!!

Question:
What if my injury prevents me from returning to my old job?

Answer:
If your injury prevents the return to your previous job, workers compensation law requires your employer to compensate you for your loss in wages. But many employers refuse to do so. Therefore it's essential that your represented by an experienced attorney who knows how to get you the benefits you deserve. Give us a call today 800-594-7433 or click here and ask us a question.

Testimonial Tuesday!!

"My daughter and I are very grateful for the way Horwitz Horwitz & Associates handled our case. I want to say how much I appreciate the wonderful attention that was given to my daughter during this very unfortunate time. The entire staff was very good to us both and soothed our fears. I cannot tell how you grateful we are to have you on our side. Thank you so much"

FAQ Friday!

Question:
How long will my case take?

Answer: By Mark Weissburg
It depends weather you are done with your medical treatment or not. Most cases cannot be settled until all medical treatment is completed.  If your treatment is already finished then we can begin your settlements process right away.


Please send us your question to lawyers@horwitzlaw.com or call us at 800-594-7433

Remembering 9-11

September is Spinal Cord Injury Awareness Month

WILL YOU STAND UP FOR THOSE WHO CAN'T?
September is National Spinal Cord Injury Awareness Month!

Every 48 minutes someone in the U.S. is paralyzed from a spinal cord injury. Millions worldwide are living with paralysis as a result and living with the knowledge that there is currently no cure for their injury.

Horwitz Horwitz & Associates will donate $1 to the Buoniconti Fund for every like we get on our facebook post.
Go to our FACEBOOK page now and "like".

Testimonial Tuesday!

"I came to Horwitz because my previous attorney's office was unprofessional and seemed to be more out for themselves than me.  I knew I liked Marc Perper when I met him. I liked his attitude and he explained everything to the last letter. He treated me like I was somebody instead of just a number. Thank you Marc and Horwitz Horwitz and Associates for giving me the respect I deserve."

For more information about our services please contact us today!

Monday Mischief...

FAQ Friday! The cab driver who hit my husband had 11 previous moving violations...Do we have a case?

Question:

My husband was hit by a cab driver in a crosswalk at a shopping center after the cab ran a stop sign. He was cited with a moving violation and having unrestrained children in the car. The driver has 11 moving violations and is employeed by a private taxi company in the western suburbs. Due to the accident, my husband had surgery and will always have pain in his shoulder. What type of claim do we have?

–Tracy, Riverside, IL

Answer:

Attorney Cliff Horwitz:

Your husband clearly has a claim for negligence against the operator of the cab. Further he has a claim against the cab company if that was the employer of the cab driver. You also need to look at your own underinsured (UIM) motorist coverage in the event the defendant doesn’t have sufficient insurance coverage. If you can keep the cab company in the case, you won’t need UIM coverage since there will be sufficient assets available.

Do not give any tape-recorded statements to the carrier.

As to the ticket, unless the cab driver pleads guilty, the ticket will not be admissible in your court case. However, the 11 prior moving violations may be relevant. It may demonstrate that the cab company did a poor job hiring the driver and that they were therefore negligent. This would have to be investigated.

Finally, the cab company will attempt to claim that the cab driver is not their employee and will attempt to escape liability. They’ll do anything to escape liability. Contact us today to get your claim started.  (800) 594-7433

Traumatic Brain Injuries

A traumatic brain injury (TBI) is described as a blow or jolt to the head that can disrupt the function of the brain. The symptoms of a TBI can range from a mild concussion to the extremes of coma or sadly, death.

Every year in the US, an estimated 1.4 million people suffer a traumatic brain injury. The leading causes are vehicle accidents and crashes, birthing injuries, and slips and falls. Approximately 5.3 million Americans currently live with disabilities resulting from a traumatic brain injury. Our personal injury attorneys represent clients or loved ones of clients located in the Chicago, Illinois area, who have suffered severe brain injuries.

Illinois personal injury attorneys find victims of brain injury and their families often are not given adequate information regarding the serious nature of their medical condition. The field of traumatic brain injury is extremely complex, and health care providers often do not have the time or resources to adequately address all of the medical and recovery issues involved.

Victims living with traumatic brain injuries need specialized legal representation if a case is going to be pursued. In and around Chicago, brain injury lawyers are uniquely experienced in the complex medical and legal issues involved in such cases.

Injuries suffered as a result of a traumatic brain injury can be severe and life-altering. Immediate goals often include getting medical bills paid and covered. In addition, your traumatic brain injury attorney should help make sure you or your loved one does not suffer financially through any lost wages, and make sure the appropriate insurance company will pay for future treatment relating to your injury.

If you are considering pursuing traumatic brain injury litigation, Horwitz Horwitz & Associates partner and personal injury attorney, Michael Carter, can help. Click here to visit his attorney profile. 

We want to hear from you!

Have a question for one of our attorneys? We are ready to help you in your fight against injustice. Please send any questions to http://horwitzlaw.com/contact-us.

Honest Abe for labor!

The Origin of Workers' Injury Laws in the U.S.

Weissburg's Workers' Compensation Tip of the Month: Settlements

Settlement.

I've seen hundreds of of people walk through my office door with old. unsettled claims, who never even heard of Workers' Compensation settlements till a friend or family member mentioned it to them. "They paid my Temporary Total Disability, they paid my medical, but no one ever said anything about settlement." You have a right to settle your claim.  The important thing to bear in mind is that you can't rely on the Workers' Compensation adjuster to protect your rights or advise you that they exist. You need to inform yourself and protect your own rights, or hire a good attorney to do so. You also need to file your claim within the statute of limitations. don't let thousands of dollars slip away. Get your claim filed and get the settlement you deserve.

The above tip is taken from Horwitz Horwitz & Associates Attorney Mark Weissburg's book, How to win a Workers' Compensation Claim in Illinois. For a free copy please visit one of our locations or call toll free and ask for Jeanette if you would like to receive one in the mail.
(800) 594-7433

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Testimonial Tuesday!

Way to go Marc and Mitch. We love our clients and make sure they are taken care of.

"Marc Perper helped me very much. I really felt bad for him because he basically was handed a mess due to another attorney messing up my case to start with. I was and am very impressed with both Marc and Mitch. I also like the fact that they were aware and involved themselves in getting to know about the different Chronic Pain conditions. I met Marc & Mitch at a Reflex Sympethetic Dystrophy Support Group. So many Doctors don't know what RSD is and it makes for a very difficult case, if the Attorney doesn't get involved and get you to the right Doctors to get you help ... that in turn will get you the help you need physically & financially. Marc is a fantastic attorney and was always on top of things. He is truely amazing. The firm is blessed to have such a wonderful attorney!!!" ~Horwitz client who wanted to ramain anonymous 

 For more testimonials check out our website!