Testimonial Tuesday!

"I'm a local 4 laborer. I was lifting a generator on a subway job during the night shift and I hurt my back very badly. I didn't want to hire an attorney becasue I didn't think I needed one. After I couldn't work and my benefits got cut off, I called Horwitz. They did such a great job! They did everything for me from the beginning. They filed emergency files and they worked hard to get me my benefits and money to pay my bills. Cass and Mitch were so nice and I encourage my fiends who have been injured to meet with Mitch Horwitz"

If you have been injured on the job, please contact our office today so we can get started on your case.

FAQ Friday! Filing a Claim II

How much time do I have after my injury to file a claim?

In most cases, your claim must be filed at the Worker's Compensation Commission within three years of the date of the accident or within two years of the last payment of compensation, whichever is longer. In occupational disease cases, the time limit varies depending on the type of disease that you have been exposed to.

For more information about filing a claim or if you have any questions about your injury, Please call 800-594-7433 or go to our website.

The Builders, 1950 by Fernand Leger

Testimonial Tuesday!

Click here to see the video on YouTube

Attorney Spotlight - Former Local 1 Ironworker, Jay Luchsinger

Primary Practice Focus: Personal Injury; Industrial and Construction Injury

When asked to describe how he sees the mission of the Horwitz firm and its commitment to serving the interests of working men and women, Jay Luchsinger stated that he likes to think about what another Illinois lawyer, Abraham Lincoln, had to say about American workers. According to Jay, Mr. Lincoln summed it up best when he said:

All that serves labor serves the Nation.
All that harms is treason.
If a man tells you he loves America,
Yet hates labor, he is a liar.
If a man tells you he trusts America,
Yet fears labor, he is a fool.
There is no America without labor.
And to fleece the one is to rob the other.

Whether it is winning an $11 million verdict for a disabled plumber, a $3.8 million verdict for a laborer injured by a poorly maintained piece of physical therapy equipment, or a $5 million settlement for an operating engineer who fell from an unsafe excavation vehicle, Jay Luchsinger has consistently shown himself to be one of the most effective and successful trial lawyers in the state. In over 20 years with Horwitz, Horwitz & Associates, the trial team of Jay Luchsinger and Cliff Horwitz has won numerous record-setting jury verdicts and settlements, amounting to many scores of millions of dollars in awards for our clients. 

Jay has also argued successfully before the Illinois Supreme Court and numerous appellate courts in Illinois and Wisconsin. Jay has consistently demonstrated a deep understanding for the needs and concerns of the working men and women the Horwitz firm proudly represents. Jay also possesses extensive expertise regarding the customs, practices and workings of industrial and construction worksites. 

This is not surprising. Jay is himself a third-generation, journeyman structural ironworker and a 35-year member of Ironworkers Local #1 in Chicago. For 15 years Jay worked as an ironworker helping build mines, mills, factories, bridges, schools and high-rises in Chicago, Wisconsin, Minnesota and Colorado. While in law school in the 1980s, Jay spent his days “walking the iron” on steel beams many stories above the Chicago streets erecting skyscrapers, and his nights attending classes at John Marshall Law School. A United States Army veteran, Jay also used his GI-bill benefits to earn a master’s degree in American history from the University of Wisconsin. Jay brings his extensive knowledge, experience, work ethic and passion to every case he works on. As a result Jay Luchsinger, like the other lawyers at our firm, continues to help deliver full civil justice to the injured working men and women that the Horwitz firm is so privileged to represent.

See jay in action at the Supreme Court!

If you have a question for Jay please call us today at 800-594-7433 or visit our website. 

Contact Us

Please contact us if you have a question about personal injury, workers comp or nursing home abuse and neglect. Your question is totally confidential and will be answered quickly!
http://horwitzlaw.com/contact-us

FAQ Friday!! Filing a Claim I

What Does "Filing a Claim" Mean?

"Filing a claim" means preparing and filing certain legal documents with the Illinois Workers' Compensation Commission.

The mere fact that you have reported your injury to your employer or signed a written accident report does not mean that you have "filed"  your claim with the necessarily agency /commission.

If you are represented by an attorney, as most leading authorities advise, your attorney can assist you with a claim form and the necessary documentation.

For more information or if you have questions about your injury, please contact us today or call 800-594-7433

Testimonial Tuesday

Testimonial - Tom Cellini

For more information on workers' compensation or personal injury please visit our website or
call 800-594-7433

Happy Presidents' Day

Happy Presidents' Day! I don't know about you, but we are working like dogs today! :) Enjoy your day!

FAQ Friday! Reporting Your Injury III

What should the injury notice include?

Notice of injury should include the date and place of the accident, if known. To avoid delays, we also recommend that you include:

• Your full name
• Address
• Telephone number
• Social security number
• Date of birth
• A brief description of the injury, accident or disease. 

For more information or if you have questions about your injury, please contact us today or call 800-594-7433

Consumer Law

The Consumer Law attorneys at Horwitz, Horwitz & Associates understand that while “buyer beware” may indeed be a good policy, consumers, borrowers and business people must be protected against fraud, unfair methods of competition, and unfair or deceptive acts or practices.

Supported by some of the state’s most recognized attorneys for their work on behalf of consumers, our teams conduct preliminary investigations, and through discovery and the litigation process, defend or prosecute actions based on the Consumer Fraud and Deceptive Practices Act, breach of warranty or contract, and the transaction statutes of the State of Illinois.

Horwitz, Horwitz & Associates also works closely with ConsumerAffairs.com, a leading consumer advocacy website providing important information and warnings to the consumer public about specific products, practices and companies of concern.

 

Contact us today online or call 800-594-7433

Insurance Adjusters . . .

Visit our website to learn more! 

FAQ Friday!! Reporting Your Injury:

Whom Should I Notify? Should The Notice Be in Writing?

Answer:

You should notify a person in a position of authority, such as a supervisor, foreman, safety director, dispatcher, personnel director, owner, corporate officer, company nurse, plan physician, or other member of management.

Oral notice is allowed, but it is to your advantage to fill out a written accident report. Otherwise, it is possible that your employer may later deny that you gave oral notice of your injury.

NOTE: It is very important that you request a copy of your written notice at the time of completion and submission. You should keep a file of ALL communication regarding your work-related injury or disease, including the names and dates of any insurance company nurse who contacts you.

For questions or if you need a free consultation, please contact us today or call 800-594-7433.

Donate to Injured or Disabled Workers

Go to our Facebook Page and For every "like" we get on this post (up to $1000) we will donate $1 to the National Association of Injured & Disabled Workers.

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