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Posts in the ‘Workers' Compensation’ category

Proposed Changes for Workers’ Compensation

Posted on January 24th, 2011 by Katie A. Hubbard

For the past few months, there has been a push in the Illinois General Assembly to reform Illinois Workers’ Compensation laws. SB 1066, as amended by House Amendment 2, was proposed to reform the Illinois Workers’ Compensation Act and was approved by the House Executive Committee in early January 2011. However, the House did not vote on the proposed bill. The bill, however, will likely come up again as legislators try to reform the Workers’ Compensation system. Groups in support of organized labor and workers in Illinois vehemently oppose any bill that would take away rights from workers. Here is a list that highlights the potential detrimental changes the proposed bill would bring about:

o Utilization review – The new legislation would make it harder for doctors to decide on a treatment plan for their workers’ compensation patients. Instead, at the employer’s request, a utilization review would take place where a group of people who had not seen the patient would review the file and decide on the best treatment option.

o Choice of Doctor – Currently, an injured worker has the choice of doctor, and that doctor can refer the patient to any other doctor if it is related to the injury. If the patient is not happy with that doctor, they can select another, the limit being two. Under the proposed bill, the injured worker would have to visit a doctor the company chooses first, and if they are not satisfied they may select another doctor but there are limitations on referrals.

o Wage differential benefits – If a worker cannot return to their job after an injury, but can work another job with less strain on their injury, wage differential benefits allow them compensation for a lower wage at the new job. The new bill would limit this by only allowing wage differential benefits for five years after the award becomes final or at the age of 67.

o Medical fee schedule – The proposed bill would reduce the medical fee schedule for services given by hospitals and medical providers. This means that doctors will be receiving less for their work, and potentially deter them from accepting Workers’ Compensation cases.

o Alcohol – There would also be a stricter standard used if alcohol or drugs were involved in the accident. If the employee is found to be under the influence of alcohol at the time, they cannot recover. Also, if they refuse to be tested for alcohol use at that time, there would be a presumption that they had been intoxicated, which the employee would have to rebut.

With many legislators convinced that the state needs Workers’ Compensation reform, this issue will likely be addressed again in the 97th General Assembly. If these proposed changes eventually pass, they would be a serious setback for workers injured on the job who need workers’ compensation to survive and provide for their families when they cannot work.

For more information on Workers’ Compensation, contact Katie A. Hubbard.

Personal Injuries and Workers’ Compensation – Don’t Speak to the Insurance Company!

Posted on November 24th, 2009 by The Firm

Nothing is more frustrating to me than when an insurance company takes advantage of an injured person. It happens frequently. As soon as you notify the insurance company of your injury, whether it be from a fall, injury at work, or automobile accident, the insurance company will immediately try to take your recorded statement. Is the adjuster doing this to help you get compensated for your harms and losses? Absolutely not! He/she is trying to box in your story. The insurance adjuster knows it is unlikely that you have already hired an attorney to help you so the adjuster will try to get you to speak early. An attorney can help you avoid certain pitfalls – like providing details you aren’t sure of, downplaying your injuries, and providing irrelevant information.

If you are asked to provide a recorded statement, kindly tell the adjuster that you will be happy to do so, after you hire counsel. Then, hire counsel! We can walk through the likely questions with you and discuss your case. You likely have questions – the insurance adjuster is not the one to ask. The insurance company can, and will, withhold any benefits due to you until you provide a recorded statement which it is why it is crucial to find legal representation quickly. If you were in an automobile accident, it may make sense for you to contact your own insurance company but there are exceptions. You need to speak to an attorney about that question. Until you hire an attorney, follow your doctor’s advise, get well, and do not speak to the insurance company.

To learn more or to discuss Workers’ Compensation, contact Robert Rowland.

Be Picky When Hiring an Injury Attorney

Posted on November 24th, 2009 by The Firm

Whether you were injured in Illinois or Missouri…whether you were injured at work, on property, by a doctor, by a product, or in an automobile, finding the right attorney for you will be one of the most important decisions you will make. There are lots of lawyers out there – some are alike but some are very different. Would you go to just any doctor? Would you buy any house? No. Big decisions need to be made according to what is right for you.

Anyone can buy a fancy ad these days. That doesn’t make him a good lawyer. That doesn’t mean he will listen to your needs, and be responsive when you need him to be. Ask yourself what you expect from your attorney and then research and ask around to find the right match. Check out the attorney’s prior success and read testimonials. Most importantly, at least speak to or meet with the attorney in person before you hire him or her. If you do not feel comfortable with the attorney, it probably isn’t a good match.

Do you want a huge firm with so many cases that the attorneys are too busy to work on your file? Or do you want a smaller firm who is selective in what cases it takes so that the attorney can provide you with individualized attention? Do you want a firm with a proven track record and respected in the community? Do you want a responsive attorney that you can get a hold of? Do you want an attorney who will work on your file until completion or one that will pass your file off to other attorneys? These are all important issues that may affect how pleased you are with your choice of counsel. Choose wisely.

To learn more about hiring an attorney, contact Robert Rowland or fill out our contact form.