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Archive

Category Archives for "Workers Comp"

Injury Information for Non-Lawyers

Injury Information for Non-Lawyers

Injury and Accident Lawyer Scott D. DeSalvo explains why regular people must arm themselves with injury information to protect their right to recover when they have been involved in a work accident or car accident, or any type of injury.

I wrote a Special Report filled with injury information written for regular people, not injury lawyers.  I later expanded the Report into an entire package that I send out for free to people who have suffered a personal injury.  It doesn’t matter whether they hire me or whether their case is already over or even if they have no case.  And the information in the Book, Report, DVD and CD all relate to a car accident, Workers Comp, slip, and fall, dog bite — pretty much every kind of injury case, because although they are all very different, many of the details and secret tricks you need to know are similar.

I self-publish the book and we re-produce the DVD and CD “in house’ at my personal injury law firm to keep costs down and to be able to send them out the injury information ‘on demand’ to people who need this important information to protect themselves and their loved ones if they have been hurt.

And I obviously send them out free of charge and no-obligation.  I am doing this because I take the public service obligations of being a lawyer seriously.  Even if I cannot earn money from a person with a case does not mean that I cannot help them and the general public with information about injury cases and injury lawyers that I wish more people knew.

The book tells the story of why I became a lawyer and how my father was injured in a serious Workers Comp case, and his case went on for 17 years.  He missed the opportunity to recover more money in a third party personal injury case because of the lawyers he hired.  His bad experience really had a profound negative effect on his life.  He was a victim once, being injured, and for the rest of his life, in addition to his injuries, he felt ‘screwed over’ by the system.

I do not want anyone else or anyone’s family to have to go through this sort of thing.  And you do not have to.  You need to know your rights, and the things to do to protect your cash value, and the things NOT to do, because they can really hurt your case.

Get Your FREE Injury "Cheat Sheet"

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

Testimonials

"Hiring Scott was one of the best moves I have made in my life.   Scott is a down to earth person and attorney.  Scott is a 5 star first class act who really knows his stuff.   The Judge said his presentation was one of if not the best he had ever seen.   Take my advice, hire Scott. I’m sure you’ll be 200% satisfied.  I was."

Richard Lange

Cab Driver, Fall Down                  

See More >

Want The Injury "Cheat Sheet"?

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

Nurse Case Manager Workers Comp

Nurse Case Manager Workers Comp

Can a Nurse Case Manager In Workers Comp Tell You When To Go Back To Work Or Cut Off  Your Treatment?

The short answer is that a nurse case manager in a Workers’ Compensation case cannot tell you when to go back to work.  They are not allowed to direct your treatment or turn your doctor against you.

Whenever an insurance company hires a case manager in a Workers Comp case, who is also a nurse with some medical training, to ‘help’ in one of my clients’ cases, I know what is really going on.  The Company or the insurance company is trying to beat your case.  They are trying to say you are trying to make the injury bigger than it is, and they are trying to get you to go back to work whether you are ready or not.

Nurse case managers are employees of the Company/insurance company, and their job is to keep costs down.  If they do not keep costs down, they are not used by the insurance company anymore.

This creates a conflict between the injured worker and the nurse case manager.  The injured person is worried about getting paid, getting benefits started, making sure they get the medical care they need, and getting rest so they can recover from their work related injury.

All of these things cost the Workers Comp insurance company money.  So, they hire a nurse case manager to limit treatment, limited time off work, figure out a way to deny claims, and generally get the client back to work as fast as humanly possible.  This is not always a good idea, but the dollar is what they care about.

They try to meet with your doctor and influence the doctor.  Some get aggressive with the doctor and try to tell the doctor what to do.  they might say things like “Well, okay, then he is ready to go back to work right now, correct?”  or “She doesn’t require any more case, so why don’t we just release her for full duty work?”  It is a rotten thing to do.

Getting Nurse Case Managers in Workers Comp under control and setting ground rules for their behavior right out of the gate  is the name of the game.

I send nurse case managers a letter telling them the “rules” for they being involved in the case.  In other words, I tell them what they CAN and what they CANNOT do.  If they do not follow my rules, then I force them out of the case.

I don’t let them bully my client.  I don’t let them attend an appointment in the meeting room.  I tell my client to answer direct questions but keep the communication short and direct.  No long conversations if you have a mean nurse case manager.  I remind the nurse case manager that she isn’t allowed to direct treatment or tell my client what treatment to have or what doctor to go to or anything like that.

I hate to say it, because sometimes, a nurse  can be a really nice person and can really be helpful.  I have met a lot of great, caring nurses over the years.  But honestly?  Usually you can just think of them as insurance company spies who are trying to get you back to work for the benefit of the company; to cut your treatment as short as possible; and to write down anything you do or say that they think will help the Company beat you in your Workers’ Compensation case.

A good lawyer can rein in a nurse case manager that is out of control. They should not be directing treatment or act like they control the medical treatment.  They shouldn’t stomp around and treat you like you are a liar or a fraud.

Specifically, a nurse case manager cannot send you back to work or cut off your treatment.  Only a doctor can do that, so you do not really want a nurse case manager to be too “buddy buddy” with your doctor. But they CAN and DO  influence doctors and insurance company claims reps.

That’s why if I sense that I have a pro-insurance, an anti-working person case manager in one of my clients’ Workers’ Comp case if push comes to shove, I’ll kick them off the case and tell the insurance company exactly why. Better to fight over discharging a nurse than to allow one to stay on a case and let them ruin a case with lies and a rotten attitude.

If you have been hurt and are dealing with a difficult Nurse Case Manager, consider giving me a call so we can develop a plan to help protect your rights.

Get Your FREE Injury "Cheat Sheet"

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

Testimonials

"Hiring Scott was one of the best moves I have made in my life.   Scott is a down to earth person and attorney.  Scott is a 5 star first class act who really knows his stuff.   The Judge said his presentation was one of if not the best he had ever seen.   Take my advice, hire Scott. I’m sure you’ll be 200% satisfied.  I was."

Richard Lange

Cab Driver, Fall Down                  

See More >

Want The Injury "Cheat Sheet"?

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

What is an Expedited Hearing in Workers Comp?

What is an Expedited Hearing in Workers Comp?

An expedited hearing on Workers Comp is a myth in my opinion. It doesn’t really happen.

Usually, when lawyers talk about expedited hearings and Workers Compensation cases they are talking about setting up the hearing as soon as they can to try and get your medical bills paid, a medical procedure preapproved, or to start getting you paid while you are off work (that’s called TTD).

Those are good goals. Injured workers need to be treated so they can get back to work as soon as possible. Injured workers can’t live with no income. And the Worker’s Compensation Act in Illinois provides that these are things that injured workers are entitled to. But more and more Workers Compensation insurance companies are discovering that they are getting away with cutting off benefits in the state of Illinois. Remember, insurance wants to make money by collecting premiums and refusing to pay bills.

So Workers Comp lawyer sets up an expedited hearing. But what does “expedited” mean?

If you look it up in the dictionary, expedited means something that’s rushed or done right away. But the way the Commission works, you are lucky if you get an expedited hearing in six weeks. Very rarely, you can get a hearing sooner than that. Sometimes it takes even longer.

I don’t know about you, but if I didn’t have any income in six weeks that would cause me a lot of stress. If I needed back surgery and was in daily pain and I had to wait six or eight weeks for an answer as to whether I could hear the surgery, I would not be happy. It isn’t fair. It defeats the purpose of the Worker’s Compensation Act in my opinion. You are to have an answer within a week or two on such questions as this.

But the Judges (called Arbitrators) over at the Commission deserve a vacation now and again. They have lots of cases on their calls. They only hear cases on scheduled dates every month. They have cases that go to trial, and hundreds of lawyers who want to talk to them. It is not an easy job. They can’t do everything. They are human beings who are doing their best. And the State of Illinois does not have enough money to hire more of them.

Just be aware that getting in front of an arbitrator on a request for Workers Comp expedited hearing pursuant to 19(b) or 8(a) is oftentimes not something that can happen right away. Don’t be so mad at your lawyer.

You should also be aware that sometimes the judge will convert the expedited hearing into a full hearing. If that happens, your case is going to trial and your lawyer has to have all his ducks in a row – all of your medical bills and records and oftentimes, a deposition of your main treating doctor. It can take a lot of time to organize all their trial material and to get a doctor’s deposition.

So keep in mind that even if you can get in front of the arbitrator, will your lawyer have had enough time to assemble and organize all the stuff he needs to win your case? Do you want an expedited hearing and then lose it? If it takes a couple extra weeks to get the case truly ready for trial, that is the better move rather than rushing to an expedited hearing where the judge will continue the hearing anyway because the doctor’s deposition is not okay.

Like so many things in life expedited hearings and Workers Compensation seem like they should happen right away and they should be simple. But nothing in the law is simple.

What is simple is that you deserve a lawyer who will explain the sorts of things to you and will talk to you on the telephone when you need answers. If you’ve been involved in a Workers Comp case and you need help right away, give me a call. I’d be happy to send you a copy of my DVD which explains your rights or to give you a free case evaluation, or both.

Get Your FREE Injury "Cheat Sheet"

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

Testimonials

"Hiring Scott was one of the best moves I have made in my life.   Scott is a down to earth person and attorney.  Scott is a 5 star first class act who really knows his stuff.   The Judge said his presentation was one of if not the best he had ever seen.   Take my advice, hire Scott. I’m sure you’ll be 200% satisfied.  I was."

Richard Lange

Cab Driver, Fall Down                  

See More >

Want The Injury "Cheat Sheet"?

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

What Happens If A Doctor Finds Nothing Wrong With A Workers Comp Client?

What Happens If A Doctor Finds Nothing Wrong With A Workers Comp Client?

Workers Comp Doctor and the Case

In workers compensation cases, there is always the possibility that a workers comp doctor will find nothing wrong with a workers comp client.

Treating doctors are very important witnesses in every kind of injury case. But treating doctors, and what their opinions are, are of utmost importance to a workers comp client.

That’s because only a doctor can testify about the nature and extent of injury as well as causation. In workers comp cases, causation refers to a doctor’s opinion as to whether the injury is work-related. If an injury is not work-related, then you cannot recover for it in a workers comp case. So you see, every worker’s comp client must have a Dr. on their side to say that the injuries are a result of a work-related incident.

However, there are more doctors than just treating workers comp doctors that a workers comp client may encounter. These doctors are called IME doctors. IME stands for an independent medical examiner. But IME doctors are anything but independent. 100% of the time, these doctors are hired by an insurance company or the employer to minimize the injury sustained by the injured worker or to deny that the injury was sustained in a work-related accident.

Doesn’t this seem unfair to you? Why is it okay for the employer to hire a Dr. just to say that you and your treating Dr. are lying?

Fortunately, my experience is that the judges/arbitrators at the commission usually give more weight to what a treating doctor says rather than what an IME doctor says. That is not always the case. Some treating doctors for various reasons have earned a reputation for claiming every injury under the sun is related to work activities. On the other hand, many IME doctors have developed a similar reputation. It comes down to the specialty of the Dr. and their reputation. So a surgeon, who has received more education and has more expertise than a general practice Dr., will usually be believed over the general practice doctor.  A general practice doctor will be believed over a chiropractor.

So what happens if a Workers Comp doctor finds nothing wrong with the worker’s comp client?

That depends on what kind of doctor we are talking about. If your own treating Dr. says that there is nothing wrong with you, you are in trouble. Workers comp clients often agree to treat with a company doctor (a doctor hired by and recommended by the company).

A company recommended doctor has mixed loyalties, and will often release a patient before they are really ready to go back to work or will otherwise minimize the injuries. Having a good independent doctor who you choose and who is on your side is the smartest thing you can do in a workers comp case.

Here is how it works with a company doctor:  many times, the company doctor’s main source of patients are work injury patients sent by the Company or the Workers Comp insurance company.  So during treatment, the company doctors have a financial interest in relating your case to the work related injury and ordering medical care.  But once the doctor has rendered a bill and collected some money, he or she can start thinking about how to minimize the cost to the company.

Why?  Because the Company doctor wants more business in the future.  So if the company doctor sends you away while you need more help, that makes the Company happy because they are saving money, and if the insurance company is happy, the doctor naturally thinks that he will get more business from the Company.  And it usually works that way.  Go along to get along, but in this case, it is to the detriment of the injured worker, and I do not let this happen in Workers Comp cases in my office.

If you’re treating doctor and the company’s IME doctor disagree, there are usually several options.

First, if your lawyer thinks that you’re treating Dr. is credible, you can go to court and hope that the arbitrator decides that your Dr. is correct and the IME doctor is not correct.

You could also go see a specialist for a second opinion, and if they agree with you, you have a much better chance at trial.

Your worker’s compensation lawyer may also be able to get the company or workers comp insurance company to agree to a “tiebreaking doctor”. Of course, if the tiebreaker Workers Comp doctor agrees with the company, you have problems, so this can be a dangerous agreement to make.

No matter what your situation, make sure that you are treating with a Workers Comp doctor who is on your side and that you have a lawyer who understands your situation and will fight for you and your rights. Positioning cases in the circumstances about strategy, and it helps to hire an attorney with experience.

I offer free case evaluation and I never charge a fee until we went, so relax and call me. I am happy to help.

Get Your FREE Injury "Cheat Sheet"

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

Testimonials

"Hiring Scott was one of the best moves I have made in my life.   Scott is a down to earth person and attorney.  Scott is a 5 star first class act who really knows his stuff.   The Judge said his presentation was one of if not the best he had ever seen.   Take my advice, hire Scott. I’m sure you’ll be 200% satisfied.  I was."

Richard Lange

Cab Driver, Fall Down                  

See More >

Want The Injury "Cheat Sheet"?

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

Fall Down Injury Cases

Fall Down Injury Cases

Fall down cases are very common, especially in places like Chicago where it snows a lot. But fall down injury cases involve a lot more than just people who fall on a slippery sidewalk.

Every year, thousands of people slip and fall inside of grocery stores, and retail stores all over the United States. Sometimes, these falls are random occurrences. But usually, they are because the store or the property owner or manager did not keep the store safe for people coming in there to do their shopping.

A common defense in fall down injury cases is that the person who fell should have been watching where they were going. But in a grocery store as on a crowded sidewalk, people do not normally walk down the street with their head down watching every step they take. No one walks like that. In fact, it would be dangerous to walk like that. When you walk, you have to try not to bump into other people. If you are in a grocery store, the store owner does everything in his or her power to make you look at the shelves so you will buy more products. After all, that is how the store owner makes money.

I have talked to many people who think that if they fall on someone else’s property, that automatically means that the property owner must pay their medical bills. This is absolutely 100% incorrect. There is no such law or requirement.

Instead, fall down cases are some of the most difficult kinds of injury cases to prove. In order to prove most fall down injury cases, we have to be able to prove what caused you to fall as well as proving how long the problem existed. That’s because we have to be able to show that the owner or manager of the property knew about the problem and did nothing to fix it or that the problem was there for so long that if they were managing their property properly, they would’ve or should have discovered it and fixed it.

I have represented people in fall down cases on sidewalks, on public property, private property, in grocery stores, liquor stores, convenience stores, and all sorts of facilities. Most people do not fall down spontaneously and for no reason. It is usually because the environment that they encounter is unsafe for some reason.  I have handled a lot of falls downstairs where a landlord paints stairs with slippery paint, or loose carpet makes stairs dangerous because when somebody steps on the carpeted steps, the carpeting shifts and slides under their feet causing them to lose balance, and dark stairways make it hard to see the dangerous condition to protect yourself from it.

The important thing to remember is this area of the law is much more complicated than most folks understand. And most defense attorneys who defend these cases are specialists in the area. So if you have been injured in a fall, it is essential that you hire a lawyer who has lots of experience in fall down cases and understands all the law cases so that your lawyer will know the evidence he or she needs to prove your case.

I am approaching my second decade of practice representing injured people. I have handled literally hundreds of fall down cases. If you have fallen on someone else’s property due to a problem or defect on the property, please call me. I offer a free case evaluation and I can set your mind at ease. Within just a minute or two I will be able to tell you how strong your cases and what the next step should be. And I charge no fee unless I win your case. So if you have a case like this, please call me right away at 312-895-0545.  I look forward to hearing from you.

Get Your FREE Injury "Cheat Sheet"

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

Testimonials

"Hiring Scott was one of the best moves I have made in my life.   Scott is a down to earth person and attorney.  Scott is a 5 star first class act who really knows his stuff.   The Judge said his presentation was one of if not the best he had ever seen.   Take my advice, hire Scott. I’m sure you’ll be 200% satisfied.  I was."

Richard Lange

Cab Driver, Fall Down                  

See More >

Want The Injury "Cheat Sheet"?

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

Slip And Fall Injury – They Want a Recorded Statement

Slip And Fall Injury – They Want a Recorded Statement

I have represented a lot of people who have been injured in a slip and fall. In every kind of case, the insurance company wants a recorded statement, whether it is a slip and fall injury or car accident.  No matter the kind of case, they want a recorded statement.  Why?

Think about it for a second:  they are already talking to you on the phone.  Why do they need a recorded statement?  They know the basics of what happened?

They want a recorded statement in your slip and fall injury case because they want to PIN YOU DOWN.  In other words, they want to get you to commit to a particular sequence of what happened. Then, if you change it later or remember something later, they can say that you are lying and deny your claim.

hey also want a recorded statement in your fall down injury case because they are going to ask you LEADING QUESTIONS.  Leading questions are questions where you “lead” the witness into answering the way you want.  These insurance adjusters use outlines created by lawyers.  These are not innocent questions, asked in a neutral way.  They are biased questions meant to lead you into saying something that will hurt your case.  That’s why they always try to get a statement BEFORE you talk to a lawyer.  Good injury lawyers know the tricks and can protect you.

I never let my clients give recorded statements, and I tell everyone who calls my office not to give them.  In my experience, they rarely are being used honestly by the insurance company.  They are almost always used to justify NOT making a reasonable offer to settle.  So why should we help them?  I’ve settled thousands of cases over the years, and none of those required recorded statements.

So if you have been injured in a slip and fall, you should NOT give a recorded statement.  The other thing you should do is speak with a lawyer.  These cases are very tough.  They are much more complicated than many people think.  Without a skilled lawyer on your side, you do not stand much of a chance at getting a fair result.

I have gotten substantial results for clients in slip and fall cases.  No case is the same and this is not a promise I can do the same for you, but I have gotten $400,000 for a lady who had to have surgery after a slip and fall at a condo, and over $120,000 for a lady with a broken ankle and chipped tooth who fell at a school.  These cases can have good value, but you have to have someone who has experience in these kinds of cases.

I offer a free case evaluation, so give me a call right now to talk about your slip and fall injury.  Many time, people think a lawyer is going to be pushy or rude, but I am not.  I like to have a nice, friendly relationship with my clients, and that means respect for you.  Thanks for reading, and I look forward to working with you.

Get Your FREE Injury "Cheat Sheet"

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

Testimonials

"Hiring Scott was one of the best moves I have made in my life.   Scott is a down to earth person and attorney.  Scott is a 5 star first class act who really knows his stuff.   The Judge said his presentation was one of if not the best he had ever seen.   Take my advice, hire Scott. I’m sure you’ll be 200% satisfied.  I was."

Richard Lange

Cab Driver, Fall Down                  

See More >

Want The Injury "Cheat Sheet"?

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

Neck Injury? Do I Have A Case?

Neck Injury? Do I Have A Case?

Sustaining a neck injury is one of the most frustrating injuries to have, and also one of the most painful and life-altering.

Neck injuries are invisible.  There is usually no bruising or bleeding or cuts to see.  But once you have neck pain from a neck injury, you realize for the first time how heavy your head is, and how many times every day you turn your neck. That’s because neck pain gets worse every time you move, every time you use your arms, and even when you lay down to try to go to sleep.

My clients typically get neck injuries due to car accidents, work accidents, construction accidents and fall down cases.  And the severity and permanence of neck injuries can vary greatly.

If you sustain a ‘whiplash’ type of injury to the neck, you are most likely to have a muscle  sprain or strain to the muscles and ligaments in the neck.  These injuries can heal in 8 weeks with proper therapy and medical care.  Or, they can become chronic pain conditions.

You can also herniate the ‘shock absorber’ disks in your neck.  The whiplash movement can actually tear the disk and then the disk does not act as a spacer or shock absorber as well anymore, and that can cause pressure on the nerves and a lot of pain. Treatment for a herniated or ruptured cervical (neck) disk can include physical therapy, pain medication, and even injections and surgery.  In rare cases, multiple surgeries may be necessary.

Finally, a direct blow or trauma to the neck can cause a fracture of the vertebrae (bones) of the neck. These kinds of neck injuries almost always damage the “shock absorber” disks, too.  If their bones are displaced or are broken into many pieces, then you will almost certainly have to have neck surgery to help the bones heal and fix the damages disks in the neck.

The troubling thing about a neck injury is that whether you have a ‘soft tissue” or ‘whiplash’ injury or a very severe herniated disk, the pain and disability and bad effect on your daily routine is very similar.  In other words, it is impossible to know HOW BAD the injury is, or HOW LONG IT WILL LAST just based on your symptoms.

Many of my clients with a neck injury started out not wanting to see a doctor for their car crash or work injury.  As the days went by, the pain got worse.  Some of them had a short-term injury, and others needed neck surgery.

If you or a loved one has been hurt and sustained an injury to the neck, your first priority is to get in to see a doctor right away.  If there is a pinched nerve in the neck, you could be doing permanent injury to your nerves if it is not addressed right away.

You should also talk to an experienced injury lawyer right away.

You should also talk to an experienced injury lawyer right away.  I offer a free, no obligation  DVD that explains your legal rights, and I also offer a free case evaluation. Either way, whether you just want to watch the DVD or talk to a real, experienced neck injury lawyer, I am here to help you.  So relax and give me a ring at 312-895-0545.  I hope you have found this information to be helpful, and please know that I am here to answer any questions you might have about your neck injury.

Get Your FREE Injury "Cheat Sheet"

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

Testimonials

"Hiring Scott was one of the best moves I have made in my life.   Scott is a down to earth person and attorney.  Scott is a 5 star first class act who really knows his stuff.   The Judge said his presentation was one of if not the best he had ever seen.   Take my advice, hire Scott. I’m sure you’ll be 200% satisfied.  I was."

Richard Lange

Cab Driver, Fall Down                  

See More >

Want The Injury "Cheat Sheet"?

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

Do I Need To Talk To An Injury Lawyer?

Do I Need To Talk To An Injury Lawyer?

I was reviewing my legal case files and noticed that about half of my clients waited a LONG time before contacting me about their injuries. This is true in car accident cases, fall down injuries, work injuries, you name it. It is always better to talk to an injury lawyer right after an injury so you know “The Rules” and you know your rights and the correct way to proceed, whether you hire a lawyer or not. But as you will see, there is NO DOWNSIDE and lots of good reasons to talk to an injury lawyer right away.

Why get in touch with an Injury Lawyer soon after an Accident?

There are plenty of reasons that people DO NOT speak with an injury lawyer soon after a crash. One is that they hope that their injuries will get better on their own, and they do not want to make a big deal about it. Some people who are hurt at work are worried that if they report their injury, they will get in trouble at work or lose their job. Some people do not like the idea of being “one of those people” who hire a lawyer and files a lawsuit.

The trouble with delaying speaking with a qualified experienced personal injury lawyer is that it can hurt your case and make your case harder to prove, and possibly result in a lesser recovery for your injuries. For example, in a fall down a case, I like to have a lot of time to investigate the scene, seek out witnesses, get photographs of the scene, and sometimes, consult with my architect/structural engineer witness to make sure that we have considered ALL the bases for liability. In work injury cases, there is a 45-day deadline for reporting an injury, and getting me involved right away means that I can make sure that the Workers Comp insurance company is paying your salary and guaranteeing payment to the doctors so you can get the necessary medical treatment. These are just two examples. But there are lots of reasons why success in an injury claim or case hinges on early involvement from an aggressive, competent injury lawyer.

There is no reason for you NOT to speak with a lawyer. Virtually all injury lawyers (I included, of course!) offer free case evaluation for people who have been injured in a car crash, work injury, fall down, motorcycle crash, whatever kind of injury. That means we talk and I answer your questions for free, either in person or on the telephone, as you prefer.

Sometimes, I have to turn down a case because a person waited too long to call me about their injuries, and I never want that to happen to anyone. It doesn’t make you a bad person to be the victim of injury, and you have a right to know your options and your rights. If I can be of assistance, please do not hesitate to give me a call about your personal injury situation, even if it HAS been a long time since you or a loved one has been hurt. I am very good at putting cases together quickly, but it is always better to call early on!

Get Your FREE Injury "Cheat Sheet"

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

Testimonials

"Hiring Scott was one of the best moves I have made in my life.   Scott is a down to earth person and attorney.  Scott is a 5 star first class act who really knows his stuff.   The Judge said his presentation was one of if not the best he had ever seen.   Take my advice, hire Scott. I’m sure you’ll be 200% satisfied.  I was."

Richard Lange

Cab Driver, Fall Down                  

See More >

Want The Injury "Cheat Sheet"?

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

Slip And Fall At Work?

Slip And Fall At Work?

Slip and Fall Cases

SLip and fall and trip and fall are some of the most common accidents suffered by people while at work. 

Slips and falls actually account for 16 percent of all workplace accidents and can result in a number of injuries. Sprains, fractures, broken bones, and even death can all occur as a result of a slip and fall.

If you experience a slip and fall at work then there are legal options available to you. A Chicago slip and fall lawyer will be your best asset to get the justice you deserve. The Law Office of Scott D. DeSalvo is a team of Chicago slip and fall lawyers who will creatively and aggressively fight for the best outcome for your case. Here is what you should do if you slip and fall while at work.

Report Your Fall at Work

The very first thing you should do when injured at work is to report your injury to a supervisor and make sure a formal report is filed.In the State of Illinois, you have 45 days to report your injury to your employer, and 3 years to actually file an Application at the Workers’ Comp Commission.  Be honest and be timely, it’s very important that you provide a transparent and prompt report of the circumstances surrounding the injury. This will help your case later on.  Sometimes, workers are tempted to NOT tell their doctor that they got hurt at work. They leave the information out or they tell their doctor they hurt it at home.  They do this because they are afraid that they might get fired if they report a work injury.  But failing to make sure your medical records document how and when the pain started the worst thing you can do.

Seek Medical Attention

Obviously if you’re injured you should find a doctor to treat your injury. Keep careful records and notes off all medical professionals you see as a result of the injury. Keep their contact information, place of practice, and treatment provided so that you can revisit it when it becomes necessary in your case.  Under Workers Comp law, you have a right to choose your own doctor.  Be leery of accepting the diagnosis or treatment plan (or lack thereof) of a company-suggested doctor.  Choose your own doctor, and feel secure that the doctor who is helping you is not conflicted about wanting to please the company.  You always want a lawyer who is concerned with you and the injuries you got when you fell at work.

Find a Chicago Slip and Fall Lawyer

After you have notified your employer of your injury and found a proper medical treatment you should hire a Chicago slip and fall lawyer. A workers’ compensation lawyer will be able to act as a liaison between you and the Illinois Workers’ Compensation Commission and will be hugely helpful for your case. A personal injury lawyer who specializes in workers’ compensation cases and can honestly and competently handle a fall at work will be intimately familiar with this area of the law and provide you with the best possible chance of success with your case.  Don’t hire the neighborhood real estate lawyer.  They are not going to be familiar with the ins and outs of Workers’ Comp and premises liability law.

The Chicago Slip and Fall Lawyers Are Here To Help You.

Get Your FREE Injury "Cheat Sheet"

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

Testimonials

"Hiring Scott was one of the best moves I have made in my life.   Scott is a down to earth person and attorney.  Scott is a 5 star first class act who really knows his stuff.   The Judge said his presentation was one of if not the best he had ever seen.   Take my advice, hire Scott. I’m sure you’ll be 200% satisfied.  I was."

Richard Lange

Cab Driver, Fall Down                  

See More >

Want The Injury "Cheat Sheet"?

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

Workers Comp 101: Work Injury and What You Need to Know

Workers Comp 101: Work Injury and What You Need to Know

There are just a few things about being injured at work that everyone needs to know.  The purpose of this article is to share the most common facts that are inexplicably not commonly known. Knowing this stuff is dead critical to know if you got hurt on the job.  

Thankfully, most folks never get hurt at work, so they do not feel like knowing this information is a very high priority. But it is one of those things where if you are ever in the situation, you are going to be glad that you took a few minutes to learn about it.

Your Company Might Be A Good Cop (Or A Bad Cop).

I am not exaggerating when I tell you that I have spoken with and have tried to be hired by people who got hurt at work. The Company did everything it was supposed to and there was no need to hire a lawyer.

Then, when the guy or gal was ready to go back to work, they did and there were no hard feelings and no retaliation. This is what I call a ‘Good Cop” Company: they follow the rules and the law and treat you properly.  

To hire a lawyer in these circumstances depends on whether you have any sort of permanent injury, whether you need any ongoing medical care and whether you are entitled to a large lump sum “PPD” (Permanent Partial Disability) payment.

This is because a good Workers Comp lawyer can maximize this amount. In fact, it is probably always a good idea to talk to an experienced Workers Comp lawyer so you know everything is square and your future is protected.

On the other hand, many people who call me work for a “Bad Cop” company. That means that if you get hurt, they treat you like crap, give you crap work to do, lay you off, or fire you. They send you to hostile doctors who tell you that you aren’t hurt.  

True story: I represented a guy with a broken foot and the Company doctor was trying to tell him that his foot wasn’t broken. Crazy. If you work for a “Bad Cop” company, hiring a lawyer right away is your best bet.

This is because once your Company displays a hostile attitude, they can definitely do things that hurt the long-term value of your case. Worse than that, they can leave you jobless, with an injury, no money and no medical care.  

It is not nice and we do not like to think that our employer might take this approach, but unfortunately, some do. A good Workers Comp lawyer may be your only protection.

Doctors Run the Show

If you got hurt at work, you have to go to the company doctor if they want their guy to examine you. But YOU have a right to choose what doctor will be your main treating doctor. Why is that so important (it really is)?

The company doctors determine how much treatment and what kind of treatment you get. They determine whether you can work full duty or light duty. They determine how permanent your injury is. In other words, they are kind of in the driver's’ seat.  

You can have the best lawyer in the world handling your case, but if you have a hostile company doctor on your case, you are not going to be happy and you are not going to have a smooth sailing case where you get what you are entitled to.  

That’s why I tell people to choose their OWN doctor, especially if there is surgery involved. I have seen company doctors do surgery and the minute they cash the surgery check, they say that the injured worker is fine to go back to work.  

That’s because once the surgery fee is earned, the doctor is hoping that the Company will send another injured patient to them. Taking care of you and earning more business from the Company come into direct conflict.  

Believe me, you do not want a doctor who has any conflict. You want a doctor whose main and only goal is to cure you and get you all the care you need.

What are You Entitled to in Workers Comp?

This is very simple: you are entitled to 2/3 of your pay while off work on doctor’s orders; all reasonable and related medical care will be paid for; and at the end of the case, you are entitled to a lump sum settlement that reflects the difference in your body.  

After all, your body is never the same after a work injury. Once you strain your back, you may forever have some aches and pains and an increased risk of a future problem.  Anyone who ever broke their ankle, even with a great medical outcome, will tell you that their ankle was never the same.  The more disability, the more PPD money you get at the end of the case.

This number is negotiable and having a good lawyer can make a big difference in how much you put in your pocket when the case is done. Your hourly rate or salary makes a big difference, too.  

If you earn $10 or $20 per hour is a key fact that we need to know because the guy who makes $20 will get about twice the money as the person who makes $10 per hour. That’s based on how the Workers Comp system was set up.  It isn’t fair, but that’s just how it works.

Workers Comp Chess Match

Positioning cases and implementing a strategy in work injury cases is the difference between a great outcome and misery. That may sound like I am exaggerating, but I am not.  

When I was a young lawyer, I would look at cases and look at the rules and think “Ah, hopeless!” Because by just applying the rules, the case was hard and not worth much. Thank goodness for experience. Experience makes all the difference in Workers Comp.  

I have seen really bad cases turn into giant cases. I have seen denied cases settle. I have seen unhappy clients become really happy with the reversal of the non-stop fighting that had been going on with their case.

That’s what a good lawyer can do, but it has to be someone who knows Comp. It cannot be a traffic court lawyer who dabbles in Workers Comp. It has to be a lawyer who has been around the block.

Let’s talk honestly: some cases are just non-compensable. They cannot be won. If they go to trial, they will lose. Even the best lawyer in the world has limited material to work with.

This can be especially true if someone tried to handle their case themselves for a long time, thinking they didn’t need a lawyer. Even in these horrible cases, I can sometimes get a settlement.  

Sure, it is a small one, but a bird in the hand is worth two in the bush. Cash on the barrelhead. Anyway, neither I nor the lawyers who work for me have any magic powers.  

It is just knowledge, experience, hard work and we CARE about making sure the injured workers in Illinois get what the law says they are entitled to.

You NEED To Know 3 Things About Workers Comp

Now, Chicago Injury and Workers Comp lawyer Scott D. DeSalvo reveals the 3 things you MUST know if you or a loved one got hurt at work. Knowing this information can make the difference between having a valid case or being denied benefits under Workers Comp.

First, know the 45-day rule deadline and the 3-year Statute of Limitations for filing an Application at the Commission. If you miss the deadline, your case could be over.

Second, make sure you have a good doctor who is on your side.

Third, the more permanent the injury and the more money you make, the more your case is probably worth.

Get Your FREE Injury "Cheat Sheet"

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

Testimonials

"Hiring Scott was one of the best moves I have made in my life.   Scott is a down to earth person and attorney.  Scott is a 5 star first class act who really knows his stuff.   The Judge said his presentation was one of if not the best he had ever seen.   Take my advice, hire Scott. I’m sure you’ll be 200% satisfied.  I was."

Richard Lange

Cab Driver, Fall Down                  

See More >

Want The Injury "Cheat Sheet"?

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

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