Monday Mischief

"I Feel Fine"

There's a story about a farmer who was involved in an accident and applied for Worker's Compensation. At his trial, the lawyer for the insurance company cross-examined the farmer, asking, "Isn't it true that right after the accident, you said, 'I feel fine'?" The farmer said, "Well, it's not that simple." He explained that a car ran into him and his cow. When a highway patrolman came by and saw the cow struggling, he shot the cow between the eyes. The patrolman then came over to the farmer and asked, "How do you feel?" so the farmer said, "I feel fine." :)

Don't Forget Who Brought You Into This World!

This Sunday is Mother's Day!

Make sure to thank her for the long "labor" you put her through...

Testimonial Tuesday

Another excellent testimonial for Mitch and the Horwitz team! Great work!

"Mitchell Horwitz represented my brother in his worker's comp case. My brother was injured on the job in July of 2004 and after years of physical therapy and other forms of medical treatment, including major surgery, Mitch was able to bring his case to final resolution in late February of this year.  Our family has great appreciation for Mitch's persistence and for the strong and very professional stance taken before the arbitrator when my brother's case was heard in late November of 2011.  We all are very pleased with the final resolution reached in the case and attribute this outcome to the organization skills, preparation, and outstanding representation of attorney, Mitchell Horwitz."

If you were injured on the job, contact us now!  We have been fighting for the rights of injured workers since 1924.

Railroad Injuries:

Federal Employees Liability Act

If the injured worker is employed by a railroad, he falls under the Federal Employees Liability Act (FELA) – a law that provides special protection to employees of railroads.

If the injured worker can prove that his employer was negligent (that is, provided an unsafe place to work) then he can recover for pain and suffering and disability and can recover full compensation. Such a case is usually worth much more than a Workers Compensation case since Workers Compensation has strict statutory limits. Further, with the FELA, the Plaintiff can have his case decided by a jury, which is always preferable since they have more in common with an injured Plaintiff.

Sometimes a worker is considered “employed” by the railroad even if he has a non-railroad employer. If we can demonstrate that the injured Plaintiff was 1) borrowed by the railroad or 2) working for two employers simultaneously, the railroad and his own employer, or 3) the injured Plaintiff’s employer is subservient to the railroad (under the railroad’s control), then we can seek protection under FELA. This can make the difference between a lifetime of benefits compared to the more meager Workers Compensation remedies.

Under the FELA, if the injury to the employee was not caused by the employer’s negligence, then there can be no recovery for pain and suffering and disability. However, the employer is still responsible for paying the employee’s medical bills and a percentage of his or her lost wages. This is called maintenance and cure.

One unfortunate aspect of the FELA law is that if the injured worker reaches maximum cure, the employer need no longer pay for his medical bills. In other words, if medical bills are purely for “palliative” treatment (that is, to treat pain) rather than providing functional improvement, the employer can cut off benefits.

For example, if there is no cure for an employee’s back pain and the patient is functionally as good as he will get, then paying for prescriptions to alleviate pain will be the responsibility of the employee, not the employer. It’s unfair, but it’s the law. The only way to force an employee to pay for “palliative” treatment is if we can prove the employer was negligent or did not provide a safe place to work. If there is a dispute regarding whether treatment is palliative or not the court will generally rely on the word of your treating physician.

Hence, to sum it up, if the employer was negligent, you are entitled to compensation for pain, suffering, disability, disfigurement, future pain and suffering, lost wages and all medical bills. If the employer was NOT negligent, then you are entitled to maintenance and cure that is payment of medical bills and a percentage of your lost wages until you have reached a state of maximum medical improvement.

It’s important that if you are injured at work, you obtain immediate treatment, provide specific explanations to the doctor about how your accident happened, that it happened at work, and be accurate in your descriptions of pain problems to your doctor or the company doctor. Get the names of witnesses and their phone numbers if possible and consult a lawyer immediately. The employer has high-paid attorneys to stop you from receiving just compensation – and they work quickly in FELA cases.

If your employer offers you free medical care, take it. Consult with an attorney about seeing your own physician. The employer’s doctor is likely to be biased against you and in favor of your employer, so it is important that you also have your own treating physician.

The FELA has both good and bad points. If the injury is not the fault of the employer or your co-employees, then you will wish you fell under the Workers Compensation no-fault system. If the employer was at fault, then you will be well compensated under the FELA.  Contact us today!!!

Earth Day 4.22.12

The future of our country depends on sustainable energy. Horwitz Horwitz & Associates salutes the skilled workers who build our windmills, solar farms and other energy solutions.

Start doing your part to decrease consuming and increase recycling.

FAQ Friday!!

What are my three basic rights under Workers' Compensation?

Answer: Wayne Newman, Parnter at Horwitz Horwitz & Associates

For more information on your workers' compensation rights, please click here or call 800-594-7433

Testimonial Tuesday!!!

Union millwright finds his "self worth" thanks to Mitch and the Horwitz team!

"I was lifting heavy steal at work and tore my rotator cuff. I knew I needed some legal representation but waited a few years until things got worse. Thankfully a family friend told me about Mitch Horwitz. I went through some very extensive therapy but nothing was helping. Mitch got me into a pain management specialist and kept it under control. I could only lift a maximum of 20lbs on my left arm so I couldn't go back to work as a union millwright. When I lost the ability to go back to what I was used to doing put me in unfamiliar territory and I questioned my worth.  Mitch and Cassandra were able to make sure that my pay kept coming in since it was my only source of income. Mitch battled with the insurance companies and got me the settlement that I deserved. He also made sure my medical bills were taken care of and my rights were protected. If I had any questions Mitch and Cassandra were there for me. It was such a great feeling not worrying about all the details and knowing that they were protecting my best interests. I am so grateful for Mitch and the Horwitz team!"

If you need representation don't wait another day! Contact us now.

Monday Mischief

Things people actually said in court, word for word:
Q: What is your date of birth?
A: July fifteenth.
Q: What year?
A: Every year.

Mia the Monday Mischief Mascot....

Construction injuries are among the most serious we encounter.

We have handled thousands of construction claims and pride ourselves on our knowledge. One of the partners in our firm, Jay Luchsinger, is a third generation ironworker out of Local 1. Further we have two former business agents working for the firm, one out of the laborers hall and one out of the carpenter’s hall.

Construction sites are rife with danger. From tripping hazards to fall hazards, it’s a danger zone. The most common injuries are due to lifting. The most serious injuries are usually due to falls from heights. However, even a trip over a piece of conduit can result in serious injury.

When injured on a construction site, the worker clearly has a Workers’ Compensation claim, but we sometimes find that the employer has no insurance. Under this scenario, Illinois law permits us to prosecute the company that hired the uninsured employer. This allows the Workers’ Compensation claim to go forward. We have seen numerous lawyers who fail to know this rule and who let injured workers go uncompensated.

With any construction injury, one must always evaluate whether there is a “third-party” case.

Severe injuries to construction workers are devastating. Since construction work is usually heavy duty and there is frequently no light or moderate duty work available, a serious injury can mean a loss of career. Since tradesmen are usually well paid and have excellent benefits, it’s almost impossible for the injured worker to find a comparable job. We have seen too many households end up in divorce over this tragedy.

In a number of conservative states, construction workers are poorly paid and have terrible laws protecting them. Thankfully, in Illinois, we have reasonable laws that recognize the hard work and sweat that the construction worker puts into his job. Jurors recognize it also. Hence, if we can demonstrate the injury was partially caused by someone other than your employer, we can frequently obtain full and substantial compensation for the injury so contact us today for a free consultation.

Testimonial Tuesday!!! Local laborer gives his compliments.

Mitch, Cassandra and Dan are a great team and we have testimonials to prove it! Way to go!

Below is a quote from a local laborer who came to us suffering from shoulder and leg injuries that occurred while working on the job site.

"I have been totally satisfied with my experience so far with Horwitz, Horwitz and Associates. I had run into a couple of problems with the insurance company but Cassandra and Dan were always quick to fix the problem. I had so many questions and concerns and Mitch was great with getting back to me with answers. I would highly recommend Horwitz, Horwitz and Associates to anyone that needs representation." 

To see more Horwitz testimonials, click here.

FAQ Friday!!

FAQ Friday!!! 
Question:

I am an RN. A patient of mine fell out of bed. Two nursing assistants and I assisted the patient back into bed after she stated that she could stand. Two days later I started to have severe lower back pain.

Currently I am in physical therapy, I have had 3 steroid injections into my lower back which have not worked. I am in pain constantly everyday. Workman’s comp has refused to pay anything besides physical therapy. I had to use my own insurance to pay for the third injection that was part of a three shot series and part of a protocol for these shots.
Click here for the answer. 

Why Hire an Attorney? Part II - Dispute Claims

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

Despite the logic of being represented throughout a claim, there are those that won’t hire an attorney until after the claim becomes disputed and they need to go to trial. If your claim is disputed, this decision just became a whole lot easier for you. There is no way a non-lawyer can effectively represent themselves in court. I’ve seen people try, and the results would be laughable if they weren’t so sad. I’ve even seen lawyers who don’t normally practice Workers’ Compensation law give it a shot, only to find out the hard way that it just ain’t that easy. If you are not well versed in Workers’ Compensation law and the rules of evidence, as well as the many rules specific to this area of practice, you need someone who has all that experience to represent you.

Beyond the trial level there is a “review,” an appeal to circuit court, and an appeal to the Illinois Appellate Court. It is even possible to continue on to the Illinois Supreme Court, although that is rare. Your lawyer will get the same contingency fee, even if all these layers of appeal are necessary. It’s the best deal in town. 

Have a question? Ask Mark today!

When you need an attorney - Part I

By Mark Weissburg, Partner at Horwitz Horwitz & Associates

One of the first things new client’s tell me when I meet them is, “I’m not the type of person to hire an attorney.” Actually, someone with a legal case is precisely the type of person who should and does hire an attorney. If you need brain surgery, see a brain surgeon. If you need a rocket built, consult your local neighborhood rocket scientist.

No, Workers’ Compensation law is not brain surgery, nor is it rocket science. But there are times when the expertise of someone who deals with this area of law day after day is going to save you a lot of grief. My hope is that many people can handle most of their claims quite competently with nothing more than my book, How to Win a Worker's Compensation Claim in Illinois, and a healthy dose of caution . But there will come a time in virtually every case when you will benefit from the advice of an experienced lawyer.

Why hire an attorney? Keep the train on the tracks with leverage

Having an attorney is the most certain way of keeping a case on the tracks. A good attorney will spot red flags and potential problems, and deal with them before they blossom into full-scale disasters. An attorney will make sure the adjuster has everything needed to keep the money flowing, including off work slips, updated records, Functional Capacity Exam results, and causation opinions. A good attorney will also keep the end game in mind, making sure your case is managed in a way that protects the value of the final settlement.

How does an attorney help keep an accepted claim from getting off track? With leverage. If you are not represented, you have no leverage, and the adjuster has total leverage. They decided when to send money, and how much to send. They decide what treatment they will authorize, and when. All you can do is call and leave messages on the adjuster’s voice mail. Then wait for a call back.

But an attorney can turn that situation around. Why? Because an attorney can motion up the case for trial. Once the case is motioned up for trial, the adjuster has to hand the claim over to their lawyer. Some insurance companies have in house attorneys, but many use outside firms, in which case they are paying by the hour. You don’t pay by the hour. Your attorney gets a contingency fee, which is generally 20% of the settlement. That fee doesn’t change whether your attorney goes to court once or a hundred times. Do you see how this changes things? The adjuster would rather not incur the expense of going to court all the time, but you don’t care. Suddenly, it becomes more expensive for the adjuster to do the wrong thing than the right thing. That’s the power of leverage, and that’s the power of having a skilled attorney in your corner. 

Legal controversy has everyone talking.

Will there be an arrest after Florida boy, Trayvon Martin, was shot and killed while walking home by an allegedly paranoid neighborhood watch volunteer?

Florida's "Stand Your Ground" law allows for someone to shoot and kill if they feel threatened. In light of the shift in the law, it's not surprising that since the law went into effect, reports of justifiable homicides have tripled, according to the Florida Department of Law Enforcement. Is Florida to blame for this boy's untimely death? It's unfortunate that the police only get to hear one side of the story.

We want to know your thoughts on this case.

Happy St. Patrick's Day weekend!

In preparation for St. Patrick's Day, the fountains by our downtown Chicago office have turned green!
What are your plans for St. Paddy's day??

Testimonial Tuesday!

Mark and Anna are a great team and fight hard for their clients! Way to go guys!

"I am very satisfied with the great deal of time and effort spent toward obtaining an adequate and very reasonable settlement. Mark Weissburg and Anna Aaker are true professionals"