CHAPTER 04: Types of Workers Compensation Benefits in Illinois

Now let's talk about what you can actually GET from workers compensation in Illinois.

Most injured workers don't know all the benefits they're entitled to under the Illinois Workers Compensation Act.

The Five Main Types of Workers Comp Benefits in Illinois

Under Illinois workers compensation law, you can receive:

1. Medical Benefits - All necessary medical care
2. Temporary Total Disability (TTD) - Wage replacement while off work
3. Temporary Partial Disability (TPD) - If you return to light duty at reduced pay
4. Permanent Partial Disability (PPD) - Compensation for permanent injury
5. Permanent Total Disability (PTD) - If you can never work again

There are also vocational rehabilitation benefits and death benefits in some cases.

Let's break down each one.

Medical Benefits in Illinois Workers Comp

What Medical Care Is Covered?

Your employer and their workers comp insurance company must pay for all reasonable and necessary medical treatment related to your work injury, including:

• Emergency room visits
• Doctor visits
• Specialist appointments
• Physical therapy
• Chiropractic care
• Surgery
• Hospital stays
• Prescription medications
• Medical equipment (crutches, braces, wheelchairs)
• Mileage to and from medical appointments (at the IRS rate)

No Deductibles, No Co-Pays

Under Illinois workers compensation law, you should not pay anything out of pocket for work-related medical care.

The employer/insurance company pays 100% of the bill according to the Illinois Medical Fee Schedule.

How Long Does Medical Coverage Last?

For the rest of your life - as long as the treatment is related to your work injury.

Even after your case settles, you may be entitled to continued medical coverage (though many settlements resolve all medical claims).

Temporary Total Disability (TTD) - Getting Paid While Off Work

TTD is wage replacement while you're completely off work due to your work injury.

How Much Is TTD in Illinois?

TTD pays 2/3 (66.67%) of your average weekly wage, not subject to income tax.

How Your Average Weekly Wage Is Calculated

Your "average weekly wage" (AWW) is based on your earnings in the 52 weeks before your injury (or your actual time employed if less than 52 weeks).

It includes:

• Regular wages
• Overtime
• Bonuses
• Tips
• Some benefits

Example:

You earned $52,000 in the year before your injury.

$52,000 ÷ 52 weeks = $1,000 average weekly wage

$1,000 × 2/3 = $666.67 per week TTD

Because TTD is not taxed, $666.67 tax-free is pretty close to what you'd net if you were working and earning $1,000 gross (after taxes).

Maximum and Minimum TTD Rates

Illinois sets maximum and minimum TTD rates that change each year.

For 2025:

• Maximum TTD: Approximately $1,907.78 per week
• Minimum TTD: Approximately $476.95 per week (if you earned at least that much)

When Does TTD Start?

TTD benefits start after a 3-day waiting period.

If you're off work for more than 14 days, you get paid retroactively for those first 3 days.

When Does TTD Stop?

TTD stops when:

• Your doctor releases you to return to full duty work, OR
• Your doctor releases you to light duty work and your employer offers you a job within your restrictions, OR
• You reach Maximum Medical Improvement (MMI)

We'll talk much more about TTD in Chapter 5.

Temporary Partial Disability (TPD)

TPD applies when you return to light duty work at reduced wages.

How TPD Works

If your work injury forces you to take a lower-paying job or work fewer hours, TPD makes up part of the difference.

TPD pays 2/3 of the difference between:

• What you were earning before the injury, and
• What you're earning now

Example:

Before injury: $1,000/week

After injury (light duty): $700/week

Difference: $300/week

TPD: $300 × 2/3 = $200/week

So you'd receive $700 from working + $200 TPD = $900/week total.

Permanent Partial Disability (PPD) - The Big One

This is where most of the money is in Illinois workers compensation cases.

PPD compensates you for permanent loss of use or function of a body part.

Two Types of PPD in Illinois:

1. Scheduled Loss (Specific Body Part)

For injuries to:

• Arm
• Hand
• Leg
• Foot
• Eye
• Fingers
• Toes
• Hearing

Illinois law assigns a specific number of weeks of compensation for each body part.

2. Man as a Whole (Non-Scheduled)

For injuries to:

• Back
• Neck
• Head
• Pelvis
• Internal organs

These are compensated based on loss of ability to work and enjoy life.

How Much Is PPD Worth?

PPD is calculated based on:

• The body part injured
• Percentage of disability (determined by your doctor and/or an IME doctor)
• Your average weekly wage
• The PPD rate (60% of your AWW)

The Illinois PPD Schedule for Scheduled Injuries

Example:

You have a 20% permanent disability to your hand.

Your AWW is $1,000.

PPD rate: $1,000 × 0.60 = $600/week

Hand = 205 weeks

205 weeks × 20% = 41 weeks

41 weeks × $600 = $24,600 in PPD

Man as a Whole (Non-Scheduled) PPD

For back and neck injuries, PPD is calculated based on:

• Disability percentage (0-100%)
• 500 weeks maximum
• PPD rate (60% of AWW)

Example:

You have a 25% man as a whole disability from a back injury.

Your AWW is $1,000.

PPD rate: $600/week

500 weeks × 25% = 125 weeks

125 weeks × $600 = $75,000 in PPD

We'll cover permanent disability in much more detail in Chapter 7.

Permanent Total Disability (PTD)

PTD applies if you can never work again in any capacity.

This is rare and difficult to prove in Illinois.

How Much Is PTD?

PTD pays 2/3 of your average weekly wage for life (subject to maximum rates).

Who Qualifies for PTD?

You must prove you cannot perform any kind of gainful employment because of your work injury.

This usually requires:

• Catastrophic injuries
• Paralysis
• Severe brain injury
• Multiple serious injuries
• Advanced age combined with severe disability

Vocational Rehabilitation Benefits

If you can't return to your old job, Illinois workers comp may pay for:

• Job retraining
• Education programs
• Job search assistance
• Vocational counseling

Wage Differential Benefits

If your work injury forces you into a lower-paying job permanently, you may receive wage differential benefits for the rest of your working life.

This pays 2/3 of the wage difference (subject to maximum rates and time limits).

Death Benefits for Families

If a work injury results in death, the worker's family may receive:

• Burial expenses (up to $8,000)
• Dependency benefits for spouse and children
• Lump sum payments in some cases

Disfigurement Benefits (Scars)

If your work injury results in serious and permanent disfigurement, particularly to the:

• Face
• Head
• Neck
• Hands
• Arms (below elbow)

You may receive additional compensation (up to 162 weeks depending on severity).

How Much You Earn Affects Your Benefits

Here's something most workers comp lawyers won't tell you straight:

The more money you earn per hour, the bigger your workers compensation settlement in Illinois.

A person making $30/hour will receive roughly THREE TIMES the compensation of someone making $10/hour for the exact same injury with the exact same treatment.

Why? Because all workers comp benefits are calculated based on your average weekly wage.

Important Point About Documenting Your Wages

If you work:

• Overtime regularly
• Multiple jobs
• Side gigs
• Cash jobs (legally reported)

Make sure your average weekly wage calculation includes ALL your income.

An experienced Chicago workers comp attorney will fight to get your AWW calculated as high as legally possible.

Bottom Line on Workers Comp Benefits

What you can get from workers compensation in Illinois:

✅ All medical treatment paid for

✅ 2/3 of your wages while off work (TTD)

✅ Permanent disability compensation (PPD)

✅ Wage differential if you can't do your old job

✅ Vocational rehabilitation

✅ Mileage reimbursement

The key is knowing what you're entitled to and fighting for every dollar.

CHAPTER 05: How to Get PAID While Off Work Under Illinois Workers Compensation (TTD)

This is one of the biggest concerns injured workers have: "How do I pay my bills while I'm off work recovering?"

The answer is Temporary Total Disability (TTD) benefits.

But getting paid isn't always automatic. Here's everything you need to know.

TTD 101: The Basics

What Is TTD?

TTD (Temporary Total Disability) is wage replacement you receive while you're completely off work due to your work injury.

You're supposed to get paid 2/3 of your average weekly wage when you're off work due to a work injury under the Illinois Workers Compensation Act.

But we all know that sometimes it doesn't happen the way it's supposed to.

Important Point: TTD Is Not Taxed

Even though you're only getting 2/3 of what you normally earn, the fact that they're not taking out payroll taxes means it's pretty comparable to your take-home pay.

So $666/week in TTD tax-free is close to what you'd net if you were working and earning $1,000 gross (after taxes).

The #1 Rule: You Need a Doctor's Note

No doctor's note = No TTD pay.

That's because under Illinois workers compensation law, the employer is entitled to a medical opinion explaining that:

1. You were hurt, AND
2. You're off work because you got hurt on the job, AND
3. You're physically unable to do your job

What the Doctor's Note Must Say

An acceptable work restriction note says:

"Patient is off work from [date] to [date] due to work-related injury."

OR

"Patient has the following restrictions: [list of restrictions]."

The doctor's note must come from your treating physician - the doctor actually providing your care.

Full Duty vs. Partial Duty Work Restrictions

Understanding the difference between these is critical to getting paid.

Full Duty Work Restriction (Off Work Note)

A full duty restriction means your doctor says you can't work at all - you need to be completely off work.

This usually happens with:

• Serious injuries
• Back or neck injuries
• Injuries requiring surgery
• Any injury where working would cause significant pain or prevent healing

If you have a full duty restriction, you should receive TTD.

Partial Duty Work Restriction (Light Duty Note)

A partial duty restriction means you can do SOME work, but not your regular job.

Examples:

• "No lifting over 10 pounds"
• "Sedentary work only"
• "No standing more than 2 hours"
• "One-handed work only"

What Happens If You Have a Partial Restriction?

If you have a partial restriction:

If your employer offers you work within your restrictions:

• You must go to work
• You'll be paid your regular wages (or light duty wages)
• You may receive TPD if earning less

If your employer does NOT offer you work within your restrictions:

• You're entitled to TTD (off work pay)
• They can't force you to work outside your restrictions

If your employer asks you to do work outside your restrictions:

• Don't do it - you could make your injury worse
• Report it to your doctor immediately
• Your doctor will likely take you completely off work

Important Point: Your Employer Cannot Force You to Work Outside Your Restrictions

Your employer is not allowed to ask you to do things beyond the restrictions in your doctor's note.

If they do, document it and tell your Chicago workers comp lawyer immediately.

When Should TTD Payments Start?

The 3-Day Waiting Period

TTD benefits start after a 3-day waiting period.

How it works:

• You get injured on Monday
• You're off work Monday, Tuesday, Wednesday (3 days)
• TTD starts on Thursday

If you're off work for 14 days or more:

• You get paid retroactively for those first 3 days

How Quickly Should You Get Your First Check?

Under Illinois law, TTD should be paid:

• At least semi-monthly (twice per month)
• First payment should come within 14 days of the start of disability

Reality: Many insurance companies delay payments as long as possible.

What If the Company Isn't Paying You TTD?

This is extremely common. Employers and their workers compensation insurance companies try to avoid paying TTD by:

• Claiming they didn't receive proper notice
• Disputing whether the injury is work-related
• Claiming the doctor's note isn't sufficient
• Just ignoring the claim altogether
• Making excuses and delays

What You Can Do: File a 19(b) Petition

If the company isn't paying you TTD that you're owed, you can file what's called a 19(b) Petition with the Illinois Workers Compensation Commission.

What Is a 19(b) Petition?

A 19(b) Petition is a request for an expedited hearing before an Arbitrator to force the employer to:

• Start paying you TTD immediately, AND/OR
• Pay past-due TTD you're owed, AND/OR
• Authorize and pay for medical treatment

Under Rule 19(b) of the Illinois Workers Compensation Act, you can get in front of an Arbitrator relatively quickly - even shortly after your injury - to present your case.

How the 19(b) Process Works

Step 1: Your lawyer files the 19(b) Petition with the IWCC

Step 2: The Arbitrator schedules a hearing (usually within 30-60 days)

Step 3: At the hearing, both sides present evidence:

• Your medical records
• Doctor's work restrictions
• Accident reports
• Your testimony

Step 4: The Arbitrator issues a decision, usually right away or within days

Step 5: If you win, the employer must:

• Pay you the TTD owed
• Continue paying TTD until your doctor releases you
• Pay your attorney fees and costs

Important Point: 19(b) Petitions Work

In my experience, a knowledgeable and aggressive Chicago workers compensation lawyer knows how to do all of this and DOES IT WHENEVER NECESSARY FOR CLIENTS.

The problem is, too many lawyers do nothing when their client tells them they have no money coming in.

Getting in front of an Arbitrator isn't always easy due to scheduling conflicts and delays, but the sooner you try, the sooner you'll get paid.

How Long Does TTD Last?

TTD Continues Until:

1. Your doctor releases you to full duty work

• You can return to your regular job without restrictions

2. Your doctor gives you light duty restrictions AND your employer accommodates them

• You return to work within your restrictions

3. You reach Maximum Medical Improvement (MMI)

• You're as good as you're going to get
• Further treatment won't significantly improve your condition

4. You settle your case

• Settlement agreements typically resolve all TTD claims

Can TTD Last for Years?

Yes. If you're truly unable to work and your doctor continues to keep you off work, TTD can continue for years.

However, insurance companies will fight long-term TTD claims by:

• Sending you to their doctors (IME)
• Arguing you've reached MMI
• Claiming you could work with restrictions
• Filing petitions to stop TTD

This is where having an experienced workers comp attorney in Chicago is critical.

What If You're Working a Second Job?

Multiple Jobs and TTD

If you were working multiple jobs when you got injured, your TTD should be calculated based on your combined earnings from all jobs.

Example:

Job 1 (where you got injured): $600/week

Job 2 (part-time): $300/week

Total AWW: $900/week

Your TTD should be based on $900/week, not just $600/week.

Many insurance companies try to exclude your second job earnings - don't let them.

Common TTD Mistakes That Cost You Money

Mistake #1: Not Getting Proper Doctor's Notes

Make sure your doctor gives you a specific work restriction note for every period you're off work.

Mistake #2: Missing Doctor's Appointments

If you miss appointments, the insurance company will argue you're not really hurt and stop paying TTD.

Mistake #3: Working While on TTD

If you're receiving TTD, you cannot work - even a side job, even cash work.

Working while receiving TTD is fraud and can destroy your entire case.

Mistake #4: Not Reporting Light Duty Offers

If your employer offers you light duty work within your restrictions, you must either:

• Accept it (and stop receiving TTD), OR
• Have your doctor evaluate whether the offered work is truly within your restrictions

Mistake #5: Waiting Too Long to Get a Lawyer

If you're not getting paid TTD and you're going without income, call a Chicago workers compensation attorney immediately.

The 19(b) process takes 30-60 days. Every day you wait is another day without income.

Can You Receive Other Benefits While on TTD?

TTD and Unemployment - NO

You cannot receive both TTD and unemployment benefits at the same time.

Why? Because:

• TTD means you're unable to work due to injury
• Unemployment means you're able and available to work

You can't be both.

TTD and Social Security Disability - Maybe

You can receive both TTD and Social Security Disability (SSDI), but:

• SSDI may be reduced (offset) by your workers comp benefits
• The combined benefits typically cannot exceed 80% of your pre-injury earnings

TTD and Short-Term Disability - Maybe

If you have private short-term disability insurance:

• Some policies reduce benefits if you're receiving workers comp
• Some policies pay in addition to workers comp
• Read your policy carefully

Bottom Line on Getting Paid While Off Work

The four things you MUST do to get TTD:

1. ✅ Get a proper doctor's note saying you're off work
2. ✅ Make sure your employer/insurance knows about the doctor's note
3. ✅ Keep all doctor's appointments
4. ✅ If they don't pay you, call a Chicago workers comp lawyer immediately to file a 19(b) Petition

Now you know the basics of how to get paid if you're off work due to a work injury in Illinois.

Not getting paid TTD? Call 312-500-4500 for a free consultation. We can file a 19(b) Petition to force them to pay you.

CHAPTER 07: Understanding Permanent Disability in Illinois Workers Compensation

This is where most of the money is in Illinois workers comp cases.

Permanent disability compensation is what you receive when your work injury leaves you with permanent loss of function, permanent restrictions, or permanent pain.

Most injured workers don't understand how this works - and that costs them thousands of dollars.

What Is Permanent Disability?

Permanent disability means your work injury has left you with a permanent impairment that:

• Won't get better with more treatment
• Affects your ability to work
• Affects your daily life activities
• Causes ongoing pain or limitation

You've reached Maximum Medical Improvement (MMI) - you're as good as you're going to get.

Maximum Medical Improvement (MMI)

What Is MMI?

MMI means:

• You've completed all reasonable treatment
• Further treatment won't significantly improve your condition
• Your condition has stabilized
• You either have permanent restrictions or permanent effects

Important Point: MMI does NOT mean you're "all better." It means you're done getting better.

Who Decides When You're at MMI?

Your treating physician determines when you've reached MMI.

The insurance company's IME doctor will also give an opinion about MMI (usually much earlier than your doctor).

What Happens at MMI?

When you reach MMI:

• TTD stops (wage replacement while off work)
• Your doctor gives you a permanent impairment rating
• Your doctor may give you permanent work restrictions
• You may be entitled to Permanent Partial Disability (PPD) benefits
• Settlement negotiations typically begin

The Two Types of Permanent Disability in Illinois

Illinois divides permanent disability into two categories:

1. Scheduled Loss (Specific Body Parts)

2. Man as a Whole (Non-Scheduled Injuries)

Scheduled Loss (Specific Body Part) Permanent Disability

What Is a Scheduled Loss?

A scheduled loss applies to injuries to specific body parts listed in the Illinois Workers Compensation Act.

Scheduled body parts:

• Arm (shoulder to fingertips)
• Hand (wrist to fingertips)
• Leg (hip to toes)
• Foot (ankle to toes)
• Fingers
• Toes
• Thumb
• Eye
• Hearing

How Scheduled Loss Is Calculated

Illinois law assigns a specific number of weeks to each body part.

The Illinois Scheduled Loss Table

How Much You'll Get for Scheduled Loss

Step 1: Determine the Disability Percentage

Your doctor (and the IME doctor) will give an impairment rating - a percentage of loss of use of that body part.

Examples:

• 10% loss of use of the hand
• 25% loss of use of the leg
• 50% loss of use of the arm

Step 2: Calculate Your PPD Rate

Your PPD rate is 60% of your average weekly wage.

Example:

Your average weekly wage: $1,000

PPD rate: $1,000 × 0.60 = $600/week

Step 3: Calculate Total PPD

Formula:

(Maximum weeks for body part) × (Disability %) × (PPD rate) = Total PPD
```

**Example: 20% Loss of Use of Hand**

Hand = 205 weeks (from schedule)

Disability = 20%

PPD rate = $600/week

205 weeks × 20% = 41 weeks

41 weeks × $600/week = **$24,600**

#### Example: 30% Loss of Use of Leg

Leg = 215 weeks

Disability = 30%

PPD rate = $600/week

215 weeks × 30% = 64.5 weeks

64.5 weeks × $600/week = **$38,700**

### How Disability Percentage Is Determined

Doctors use:

- Physical examination findings

- Range of motion measurements

- Strength testing

- Imaging results (MRI, X-ray, CT)

- **AMA Guides to the Evaluation of Permanent Impairment** (6th Edition)

- Their clinical judgment

**Different doctors can give very different impairment ratings for the same injury.**

---

## Man as a Whole (Non-Scheduled) Permanent Disability

### What Is Man as a Whole?

**Man as a whole** permanent disability applies to injuries to body parts NOT on the scheduled loss list:

- **Back** (lumbar, thoracic spine)

- **Neck** (cervical spine)

- **Head** (including brain injuries)

- **Pelvis**

- **Internal organs**

These injuries are compensated based on your **overall disability** - your loss of ability to work and enjoy life.

### How Man as a Whole Is Calculated

**Maximum:** 500 weeks

**Factors considered:**

1. **Disability percentage** (0-100%)

2. **Your occupation** (what you did before the injury)

3. **Your age**

4. **Your education and training**

5. **Whether you can return to your old job**

6. **Wage loss** (are you earning less now?)

7. **Physical limitations and pain**

8. **How the injury affects your daily life**

#### The Formula
```
500 weeks × (Disability %) × (PPD rate) = Total PPD

Example: 25% Man as a Whole

Your AWW: $1,000

PPD rate: $600/week

500 weeks × 25% = 125 weeks

125 weeks × $600 = $75,000

Example: 50% Man as a Whole

Your AWW: $1,200

PPD rate: $720/week

500 weeks × 50% = 250 weeks

250 weeks × $720 = $180,000

Man as a Whole Is More Subjective

Unlike scheduled losses (which are based mainly on medical impairment ratings), man as a whole considers many factors.

Two people with the exact same back injury could receive very different settlements based on:

• Age (younger = higher settlement)
• Pre-injury job (manual labor = higher settlement)
• Education level (less education = higher settlement)
• Whether they can return to work
• Wage loss

This is where having an experienced Chicago workers compensation attorney matters.

A skilled lawyer can:

• Present your case to maximize the disability percentage
• Bring in vocational experts
• Show how the injury affects your specific job
• Demonstrate wage loss
• Present testimony about how the injury affects your life

How Doctors Determine Permanent Impairment Ratings

What Doctors Look At

When determining your permanent impairment rating, doctors consider:

Physical findings:

• Range of motion deficits
• Strength loss
• Sensory deficits (numbness, tingling)
• Atrophy (muscle wasting)
• Surgical scars
• Gait abnormalities
• Need for assistive devices

Objective test results:

• MRI findings (disc herniations, tears, etc.)
• X-ray findings (arthritis, fractures, etc.)
• EMG/nerve conduction studies
• Functional capacity evaluations

Subjective complaints:

• Your reports of pain
• Functional limitations
• What you can and cannot do

Your Doctor vs. Their Doctor

Your treating doctor will give an impairment rating at MMI.

The insurance company's IME doctor will also give an impairment rating.

These ratings are almost always different:

• Your doctor: 30% man as a whole
• Their doctor: 5% man as a whole

The Arbitrator will decide which doctor's opinion to believe (or something in between).

Permanent Work Restrictions

At MMI, your doctor may give you permanent work restrictions.

Common Permanent Restrictions

• No lifting over X pounds
• No repetitive bending/twisting
• No climbing ladders
• No overhead work
• No prolonged standing/walking
• Sedentary work only
• One-handed work only

What Happens If You Have Permanent Restrictions?

Option 1: Return to Your Old Job

If your employer can accommodate your restrictions, you return to work (possibly at the same pay).

Option 2: Can't Do Your Old Job

If you cannot return to your old job because of permanent restrictions:

You may be entitled to:

• Vocational rehabilitation (retraining for a new career)
• Wage differential benefits (compensation for reduced earning capacity)
• Higher PPD settlement (because you can't do your old job)

Wage Differential Benefits

If your work injury permanently reduces your earning capacity, you may receive wage differential benefits.

How Wage Differential Works

Wage differential pays you 2/3 of the wage difference between:

• What you were earning before the injury, and
• What you can earn now (or are earning)

Subject to:

• Maximum weekly benefit rates
• Duration limits

Example:

Before injury: $1,000/week

After injury (new job): $600/week

Difference: $400/week

Wage differential: $400 × 2/3 = $266.67/week

How Long Do Wage Differential Benefits Last?

It depends on the type of injury, but can be:

• For a specific number of years, or
• Until you reach retirement age, or
• For life (in some cases)

How Pre-Existing Conditions Affect Permanent Disability

The "Apportionment" Fight

If you had a pre-existing condition in the same body part (like prior back surgery), the insurance company will argue for apportionment.

Apportionment means: What percentage of your current disability is from the work injury vs. your pre-existing condition?

Example:

You had 20% disability from an old back injury before this work injury.

Now you have 50% disability.

Insurance argues: The work injury only caused 30% additional disability (50% - 20% = 30%).

Your lawyer argues: The work injury aggravated and accelerated the condition, causing the full 50% disability.

The Arbitrator decides.

Important Point: You're Still Covered

Even with pre-existing conditions, you're still entitled to workers comp benefits for the aggravation or acceleration of that condition.

Under Illinois law, your employer must "take you as they find you."

But pre-existing conditions complicate the case and often reduce the settlement value.

This is where having a skilled Chicago workers compensation attorney is critical - we know how to minimize the impact of pre-existing conditions on your case.

When Do You Get Paid PPD?

Timing of PPD Payments

PPD is typically paid:

Option 1: Weekly Payments

After you reach MMI, you receive weekly PPD checks for the number of weeks determined.

Example: 100 weeks of PPD at $600/week = $600 check every week for 100 weeks

Option 2: Lump Sum Settlement

Most cases settle for a lump sum payment that resolves all PPD (and often all other claims).

Example: Instead of $600/week for 100 weeks ($60,000 total), you agree to accept $55,000 now in one check.

(We'll talk more about settlements in Chapter 8.)

Bottom Line on Permanent Disability

Key points to remember:

✅ Scheduled loss for specific body parts (hand, leg, arm, etc.)

✅ Man as a whole for back, neck, head injuries

✅ Calculated based on impairment rating × PPD rate

✅ Your average weekly wage matters (higher wage = higher PPD)

✅ Your doctor's impairment rating matters

✅ Pre-existing conditions can complicate things

✅ An experienced lawyer can maximize your PPD value

Permanent disability is usually the biggest part of your workers comp settlement. Make sure you understand what you're entitled to.

How Much Is Permanent Disability Really Worth?

Let's look at some real-world examples so you understand what you might be entitled to.

Example 1: Herniated Disc in Back (Man as a Whole)

Facts:

• Construction worker, age 45
• Herniated disc at L5-S1 requiring surgery
• Cannot return to construction work
• Average weekly wage: $1,100
• Doctor's impairment rating: 35% man as a whole

Calculation:

PPD rate: $1,100 × 60% = $660/week

500 weeks × 35% = 175 weeks

175 weeks × $660 = $115,500 in PPD

Plus:

• Potential wage differential (if earnings reduced)
• Vocational rehabilitation benefits
• All past medical bills paid
• Settlement could be $125,000 - $150,000+

Example 2: Torn Rotator Cuff (Arm - Scheduled Loss)

Facts:

• Warehouse worker, age 38
• Rotator cuff tear requiring surgery
• Can return to work with restrictions
• Average weekly wage: $900
• Doctor's impairment rating: 25% loss of use of arm

Calculation:

PPD rate: $900 × 60% = $540/week

Arm = 253 weeks × 25% = 63.25 weeks

63.25 weeks × $540 = $34,155 in PPD

Plus:

• All medical bills paid
• Past TTD (if off work)
• Settlement could be $40,000 - $50,000+

Example 3: Carpal Tunnel (Hand - Scheduled Loss)

Facts:

• Office worker, age 52
• Bilateral carpal tunnel requiring surgery both hands
• Returned to work
• Average weekly wage: $850
• Doctor's impairment rating: 15% loss of use of each hand

Calculation per hand:

PPD rate: $850 × 60% = $510/week

Hand = 205 weeks × 15% = 30.75 weeks per hand

30.75 weeks × $510 = $15,682.50 per hand

Total for both hands: $15,682.50 × 2 = $31,365

Plus:

• All medical bills paid
• Past TTD while off work after each surgery
• Settlement could be $35,000 - $45,000

Example 4: Knee Injury with Surgery (Leg - Scheduled Loss)

Facts:

• Delivery driver, age 41
• Torn meniscus and ACL requiring surgery
• Returned to work with restrictions
• Average weekly wage: $1,000
• Doctor's impairment rating: 20% loss of use of leg

Calculation:

PPD rate: $1,000 × 60% = $600/week

Leg = 215 weeks × 20% = 43 weeks

43 weeks × $600 = $25,800 in PPD

Plus:

• All medical bills paid
• Past TTD (several months off work)
• Settlement could be $35,000 - $45,000

Example 5: Multiple Injuries (Back + Shoulder)

Facts:

• Manufacturing worker, age 36
• Back injury (20% man as a whole) + Shoulder injury (15% loss of arm)
• Cannot return to old job
• Average weekly wage: $950
• Two separate injuries from same accident

Calculation:

PPD rate: $950 × 60% = $570/week

Back (man as a whole):

500 weeks × 20% = 100 weeks

100 weeks × $570 = $57,000

Shoulder (arm):

253 weeks × 15% = 37.95 weeks

37.95 weeks × $570 = $21,631.50

Total PPD: $57,000 + $21,631.50 = $78,631.50

Plus:

• Wage differential (can't do old job)
• Vocational rehabilitation
• All medical bills paid
• Settlement could be $90,000 - $120,000+

What Affects Your Permanent Disability Value?

Factor 1: Your Average Weekly Wage

This is HUGE.

Remember: All PPD is based on 60% of your average weekly wage.

Example:

• Worker A earns $500/week → PPD rate = $300/week
• Worker B earns $1,500/week → PPD rate = $900/week

Same injury, same impairment rating:

30% man as a whole = 150 weeks

• Worker A gets: 150 × $300 = $45,000
• Worker B gets: 150 × $900 = $135,000

Worker B gets THREE TIMES more money for the exact same injury.

Important Point: Maximize Your AWW

Make sure your average weekly wage calculation includes:

• All overtime you regularly worked
• Bonuses
• Tips (if properly reported)
• Side jobs
• Any other earned income

An experienced Chicago workers comp lawyer will fight to get your AWW calculated as high as legally possible.

Factor 2: The Doctor's Impairment Rating

The difference between a 20% and 30% impairment rating can be tens of thousands of dollars.

Example:

AWW: $1,000 (PPD rate = $600/week)

Man as a whole back injury

At 20%:

500 weeks × 20% = 100 weeks

100 × $600 = $60,000

At 30%:

500 weeks × 30% = 150 weeks

150 × $600 = $90,000

A 10% difference in rating = $30,000 difference in your pocket.

How to Get a Fair Impairment Rating

• Choose a good treating doctor who understands workers comp
• Report all your symptoms - don't downplay your pain
• Be consistent in your complaints
• Complete all recommended treatment - don't refuse procedures
• Have an experienced lawyer who can challenge low IME ratings

Factor 3: Your Age

For man as a whole injuries, age matters.

Younger workers typically get higher disability percentages because:

• They have more working years ahead
• Harder to retrain for new career
• More lifetime wage loss
• More years living with the disability

Example: Same back injury:

• 25-year-old: Might get 35-40% man as a whole
• 60-year-old: Might get 20-25% man as a whole

Factor 4: Your Occupation

For man as a whole injuries, what you did for work matters.

Manual labor jobs generally result in higher disability percentages when you can't return to that work.

Examples:

Construction laborer with back injury:

• Can't lift, bend, twist
• Can't return to construction
• Limited other job options
• Might get 40-50% man as a whole

Office worker with same back injury:

• Can do sedentary work
• Can return to office job (maybe)
• More job options available
• Might get 20-30% man as a whole

Factor 5: Pre-Existing Conditions

Pre-existing conditions can reduce your permanent disability value through apportionment.

Example:

• You had a prior back injury (no surgery)
• New work injury causes herniated disc requiring surgery
• Insurance company argues 50% of current disability is from old injury
• This could cut your settlement in HALF

How to fight apportionment:

• Show you were working full duty before new injury
• Prove the work injury is a new and distinct injury
• Demonstrate significant aggravation/acceleration
• Have your doctor testify the work injury is the primary cause

An experienced Chicago workers compensation attorney knows how to minimize apportionment arguments.

The Permanency Evaluation Process

When You Reach Maximum Medical Improvement

Your treating doctor will determine you've reached MMI when:

• You've completed all reasonable treatment
• Your condition has stabilized
• Further treatment won't significantly help

At that point, your doctor should:

• Take you off work restrictions (or give permanent restrictions)
• Perform a thorough permanency evaluation
• Give you an impairment rating
• Write a detailed permanency report

What Happens During a Permanency Evaluation

Your doctor will:

Physical Examination:

• Test range of motion (with goniometer measurements)
• Test strength
• Check reflexes
• Evaluate gait
• Look for muscle atrophy
• Measure any asymmetry
• Check for sensory deficits

Review Medical Records:

• Surgical reports
• MRI/CT/X-ray findings
• Physical therapy notes
• All treatment records

Review Objective Tests:

• MRI showing disc herniations, tears, etc.
• EMG/nerve conduction studies
• Functional capacity evaluations
• X-rays showing arthritis, hardware, etc.

Consider Your Subjective Complaints:

• Pain level and location
• What you can and cannot do
• How injury affects daily activities
• Medication usage

Apply the AMA Guides:

• Use the AMA Guides to Evaluation of Permanent Impairment (6th Edition)
• Calculate impairment rating based on findings

The IME Doctor Will Do the Same Thing

After your doctor gives an impairment rating, the insurance company will send you to their doctor (IME) for a permanency evaluation.

The IME doctor will:

• Do a similar examination (usually much shorter)
• Review the same records
• Give their own impairment rating

The IME rating will almost always be lower than your doctor's rating.

Examples:

• Your doctor: 30% man as a whole
• IME doctor: 10% man as a whole

OR

• Your doctor: 25% loss of use of hand
• IME doctor: 5% loss of use of hand

Who Decides Which Rating to Use?

If the case goes to hearing, the Arbitrator decides which doctor's opinion to believe (or something in between).

Factors the Arbitrator considers:

• Which doctor treated you vs. just examined you once
• Which doctor has better credentials
• Which opinion is better supported by objective findings
• Which doctor was more thorough
• Whose testimony is more credible

Important Point: Your treating doctor usually has more credibility than the one-time IME doctor.

Tips for Maximizing Your Permanent Disability Rating

Tip 1: Choose the Right Treating Doctor

Pick a doctor who:

• Understands workers compensation
• Does thorough permanency evaluations
• Isn't afraid to give honest impairment ratings
• Won't lowball you to avoid conflict with insurance

Avoid doctors who:

• Always give low ratings
• Rush through evaluations
• Have a reputation as "insurance doctors"

Tip 2: Complete All Recommended Treatment

Don't refuse treatment your doctor recommends.

If your doctor says you need:

• Surgery
• Injections
• Physical therapy
• Pain management

And you refuse it, the insurance company will argue:

• You're not as hurt as you claim
• Your disability is less because you didn't maximize your recovery
• You contributed to your own disability by refusing treatment

Tip 3: Be Honest and Consistent

At your permanency evaluation:

• Report all your pain and limitations honestly
• Don't exaggerate (doctors can tell)
• Don't downplay symptoms (you'll get a lower rating)
• Be consistent with what you've been telling doctors all along

If you've been saying your pain is 8/10 for months, don't suddenly say it's 3/10 at your permanency evaluation.

Tip 4: Keep a Symptom Journal

Before your permanency evaluation, keep a detailed journal of:

• What activities cause pain
• What you can no longer do
• Pain levels throughout the day
• Medications you take
• How the injury affects your life

Bring this to your permanency evaluation - it helps your doctor understand the full impact of your injury.

Tip 5: Document Functional Limitations

Tell your doctor specifically what you CANNOT do:

• "I can't lift my kids"
• "I can't mow my lawn anymore"
• "I can't sleep through the night due to pain"
• "I can't stand for more than 30 minutes"
• "I can't tie my shoes"

Specific functional limitations = higher impairment rating.

Tip 6: Challenge Low IME Ratings

When the IME doctor gives a low rating, your Chicago workers comp attorney should:

• Cross-examine the IME doctor at hearing
• Point out flaws in their evaluation
• Highlight cherry-picking of records
• Show the IME doctor's bias
• Emphasize your treating doctor's superior knowledge of your case

Don't just accept the IME rating - FIGHT IT.

Tip 7: Consider Vocational Evidence

For man as a whole cases, a vocational expert can testify about:

• Your reduced earning capacity
• Job market restrictions
• Difficulty finding work with your restrictions
• Need for retraining

This can increase your disability percentage.

Common Permanent Disability Mistakes That Cost You Money

Mistake 1: Settling Before You Reach MMI

Never settle your case before you reach Maximum Medical Improvement.

Why?

• You don't know how bad your permanent disability is yet
• You might need more treatment
• Your condition could get worse
• You'll leave money on the table

Insurance companies LOVE to settle cases early before the injured worker knows the full extent of their permanent injuries.

Mistake 2: Accepting the First Impairment Rating

If your doctor gives you a 10% impairment rating and you feel much worse than that:

• Ask your doctor to explain why only 10%
• Make sure you reported all your symptoms
• Consider getting a second opinion (if within Two Doctor Rule)
• Have your lawyer review the rating

Many doctors lowball ratings to avoid conflict with insurance companies.

Mistake 3: Not Challenging the IME Doctor

Many injured workers just accept whatever the IME doctor says.

DON'T.

The IME doctor works for the insurance company. Their opinion is biased. Challenge it.

Mistake 4: Refusing Recommended Treatment

If you refuse surgery or injections your doctor recommends, you will get a lower impairment rating.

Your doctor will say: "Patient has 20% disability, but would have only 10% if they had accepted the recommended surgery."

That just cost you tens of thousands of dollars.

Mistake 5: Not Having a Lawyer

Permanent disability evaluations are complicated.

The difference between:

• A 20% rating vs. 30% rating
• Scheduled loss vs. man as a whole
• Proper vs. improper AWW calculation
• Successfully fighting apportionment

Can be a difference of $50,000 to $100,000 or more.

You need an experienced Chicago workers compensation attorney to maximize your permanent disability value.

Scheduled Loss vs. Man as a Whole - Which Is Better?

Generally, Man as a Whole Pays More

Example comparison:

25% loss of use of arm (scheduled):

253 weeks × 25% = 63.25 weeks

At $600/week = $37,950

25% man as a whole (non-scheduled):

500 weeks × 25% = 125 weeks

At $600/week = $75,000

Man as a whole pays almost DOUBLE.

But It's More Complicated

Scheduled loss is more objective and predictable.

Man as a whole involves more factors and is more subjective.

If you have injuries to both:

• Scheduled body part (hand) AND
• Non-scheduled body part (back)

You can potentially get both types of benefits from the same accident.

What Happens to PPD Benefits If You Return to Work?

Good News: You Still Get Paid

You don't have to be off work to receive permanent partial disability benefits.

PPD compensates you for permanent loss of function, not wage loss.

So you can:

• Return to work full-time
• Be earning your full wages (or more)
• AND still receive weekly PPD checks

Example:

You have 100 weeks of PPD at $600/week = $60,000

You return to work making $1,000/week

You receive BOTH:

• $1,000/week wages from employer
• $600/week PPD from workers comp
• Total: $1,600/week for 100 weeks

Permanent Disability and Social Security Disability

Can You Get Both?

Yes, you can receive both Illinois workers comp PPD benefits and Social Security Disability Insurance (SSDI) at the same time.

BUT:

SSDI may be reduced (offset) if your combined benefits exceed 80% of your pre-injury average current earnings.

The math gets complicated - talk to a lawyer if you're receiving or applying for SSDI.

Final Bottom Line on Permanent Disability

Permanent disability is where most of the money is in Illinois workers compensation cases.

Key Takeaways:

✅ Don't settle until you reach MMI - you need to know how permanent your disability is

✅ Your average weekly wage matters enormously - fight to get it calculated as high as possible

✅ The impairment rating is critical - a few percentage points = tens of thousands of dollars

✅ Choose the right treating doctor - not the company doctor

✅ Report all symptoms honestly - don't downplay your pain

✅ Complete recommended treatment - refusing treatment lowers your rating

✅ Challenge low IME ratings - don't accept them at face value

✅ Hire an experienced Chicago workers comp attorney - the difference in your settlement could be $50,000 to $100,000 or more

Permanent disability is complex. The insurance company knows this. They're counting on you NOT understanding how it works.

Now you do.

Questions About Permanent Disability?

If you've reached Maximum Medical Improvement or are getting close, call our Chicago office for a free consultation at 312-500-4500.

We'll review:

• Your impairment ratings (yours and the IME)
• Whether your AWW is calculated correctly
• Whether your disability should be scheduled or man as a whole
• What your case is really worth
• How to maximize your permanent disability settlement

The consultation is free. The information could be worth tens of thousands of dollars to you.

CHAPTER 10: Independent Medical Examinations (IMEs) - What to Expect

At some point in your workers comp case, the insurance company will send you to their doctor for an "Independent Medical Examination" (IME).

Let me be clear: There's nothing "independent" about it.

The IME doctor works for the insurance company. Here's what you need to know.

What Is an IME?

An Independent Medical Examination (IME) is when the insurance company's doctor examines you and writes a report about your injuries.

Under Illinois Law

The employer/insurance company has the right to have you examined by a doctor of their choice.

This is under Section 12 of the Illinois Workers Compensation Act.

You must attend the IME or risk having your benefits terminated.

Why Do Insurance Companies Do IMEs?

The insurance company uses IMEs to:

❌ Dispute your treating doctor's opinions

❌ Claim you're not really hurt

❌ Claim you can return to work

❌ Give a low impairment rating

❌ Claim treatment isn't necessary

❌ Argue for apportionment (pre-existing condition)

❌ Deny your claim

❌ Reduce settlement value

The IME is designed to help the insurance company, not you.

Can You Refuse to Go to an IME?

NO.

Under Illinois law, you have a duty to cooperate with the insurance company's reasonable requests, including IMEs.

What Happens If You Refuse?

If you refuse to attend an IME without good cause:

• Your benefits can be suspended
• Your case can be dismissed
• You may have to pay insurance company's costs
• You can lose your right to workers comp benefits

You must attend the IME (with very limited exceptions).

Notice Requirements for IMEs

The Insurance Company Must:

✅ Give you reasonable advance notice (usually 10-14 days)

✅ Tell you the date, time, and location of the exam

✅ Tell you the doctor's name and specialty

✅ Pay for your transportation if needed

✅ Reimburse your mileage at the IRS rate

✅ Pay for your time if you have to miss work (at TTD rate)

What If They Don't Follow the Rules?

If the insurance company doesn't give proper notice or doesn't pay transportation:

• You may not have to attend
• Talk to your lawyer first
• Document the improper notice

Don't just skip the IME without talking to your lawyer.

What Happens at an IME?

Before the Exam

When you arrive:

• Check in at reception
• Fill out paperwork (medical history forms)
• Wait (sometimes a long time)

Important: Review Your Medical Records First

Before the IME:

• Review your medical records with your lawyer
• Make sure you know what injuries you claimed
• Make sure you're consistent

The IME doctor has already read all your records and is looking for inconsistencies.

The Examination

The IME typically includes:

Interview (10-20 minutes)

The doctor will ask you:

• How the injury occurred
• Your symptoms
• Your pain level
• What activities you can/cannot do
• Your medical history
• Prior injuries
• Current medications

Physical Examination (10-30 minutes)

The doctor will:

• Observe how you walk, sit, move
• Test range of motion
• Test strength
• Check reflexes
• Palpate (press on) injured areas
• Perform specific orthopedic tests

Review of Records

The doctor has already reviewed:

• Your medical records
• Your treating doctor's notes
• MRIs, X-rays, test results
• Accident reports
• Prior workers comp cases (if any)

The entire IME typically lasts 20-45 minutes (much shorter than your treating doctor visits).

After the Exam

After examining you, the IME doctor will:

• Write a detailed report
• Give opinions on:
  • Whether you're injured
  • Whether injury is work-related
  • Whether treatment is necessary
  • Whether you can work
  • Your impairment rating
  • Maximum medical improvement
• Send the report to the insurance company

You typically won't see the report for weeks or months.

What the IME Doctor Is Looking For

The IME doctor is looking for reasons to:

Minimize Your Injuries

• Finding "normal" test results
• Claiming your symptoms are subjective
• Noting you moved better than you said
• Claiming pain is out of proportion to findings

Question Causation

• Claiming injury could be from something else
• Pointing out pre-existing conditions
• Noting degenerative changes on MRI
• Suggesting alternative causes

Say You Can Work

• Releasing you to full duty
• Giving light restrictions when your doctor says off
• Claiming you're exaggerating

Reduce Your Impairment Rating

• Giving lower disability percentages
• Claiming you're at MMI earlier
• Minimizing permanent restrictions

Find Inconsistencies

• Between what you told doctor vs. medical records
• Between how you moved in the exam vs. how you described your abilities
• Between your reported pain and examination findings

The IME doctor is NOT your friend. They are paid by the insurance company to find problems with your case.

How to Prepare for Your IME

Before the IME

✅ Talk to your lawyer

• Get advice specific to your case
• Review what to expect

✅ Review your medical records

• Know what injuries you claimed
• Know what you told doctors
• Be consistent

✅ Review how the accident happened

• Know your story
• Be consistent with accident report

✅ Make a list of symptoms

• Write down everything that hurts
• Write down what you can't do
• Bring the list with you

✅ Bring someone with you

• Spouse, family member, or friend
• They can observe the exam
• They can be a witness

✅ Dress appropriately

• Wear clothes you can move in
• Wear clothes that allow access to injured areas
• Don't dress too nice or too sloppy

During the IME

✅ Be polite and respectful

• Don't be rude or confrontational
• Answer questions directly
• Don't volunteer extra information

✅ Be honest

• Don't exaggerate
• Don't fake or embellish symptoms
• Don't downplay symptoms either

✅ Be consistent

• Answer consistently with what you told treating doctors
• Describe the accident the same way you always have
• Report the same symptoms you've been reporting

✅ Give complete answers

• If you have pain in multiple areas, mention all of them
• If something limits you, say so
• Don't say "fine" if you're not fine

✅ Take your time

• Don't rush through the exam
• If something hurts, let it show
• Move naturally - don't fake, but don't overdo it

✅ Don't do anything you can't do

• If the doctor asks you to do something that will hurt, say so
• Don't push through severe pain to show you're tough

✅ Ask questions

• "What are you testing for?"
• "Why do you need to know that?"
• It's okay to ask for clarification

What NOT to Do at an IME

❌ Don't exaggerate or fake

• IME doctors are experts at spotting faking
• Exaggerating destroys your credibility

❌ Don't be hostile or argumentative

• It will be noted in the report
• Be professional even if the doctor is rude

❌ Don't volunteer information

• Answer the question asked, then stop
• Don't give long explanations

❌ Don't say you're "fine" or "okay"

• If you're not fine, don't say you are
• Be accurate about your condition

❌ Don't discuss settlement or money

• Don't talk about how much you think your case is worth
• Don't discuss your financial situation

❌ Don't badmouth your treating doctor

• Don't complain about your medical care
• Be respectful of your doctors

❌ Don't lie or be inconsistent

• Inconsistencies will be highlighted in the report
• Lies can destroy your entire case

Common IME Tricks and Traps

Surveillance Before or After the IME

Insurance companies often conduct surveillance on the day of your IME.

They may video you:

• Walking from your car
• In the waiting room
• Bending, lifting, moving more than you said you could

Be aware you may be watched and recorded.

The "How Are You?" Trap

Doctor: "How are you today?"

Bad answer: "I'm fine!" or "I'm okay!"

Good answer: "I'm having a bad day with my back" or "My pain is about the same."

Don't reflexively say you're "fine" when you're not.

The "Can You Do This?" Trap

Doctor: "Can you bend down and touch your toes?"

You think: "I should show I'm trying to cooperate."

You bend down even though it hurts.

What the doctor writes: "Patient able to bend and touch toes with minimal difficulty."

Better response: "I can try, but it causes a lot of pain in my back" [then bend only as far as comfortable].

The Waiting Room Observation

The IME doctor or staff may watch you in the waiting room through cameras or by walking by.

They're looking for you to:

• Move easily without pain
• Bend down to pick something up
• Sit in positions inconsistent with your claimed injury
• Look at your phone with no problem (if claiming neck injury)

Be aware you're being observed from the moment you arrive.

The Detailed History Trap

The IME doctor asks very detailed questions about:

• Prior injuries
• Prior accidents
• Prior workers comp cases
• Other medical conditions

Why? They're looking for pre-existing conditions to blame your current symptoms on.

How to handle: Answer honestly, but don't volunteer information beyond what's asked.

The IME Report

What's in the IME Report?

The IME doctor's report typically includes:

✅ Your description of how the injury occurred

✅ Your medical history

✅ Review of your medical records

✅ Physical examination findings

✅ Review of imaging (MRI, X-ray, etc.)

✅ Medical opinions:

• Is the injury work-related?
• Is treatment necessary?
• Can you work?
• Impairment rating
• Maximum medical improvement

Common IME Report Conclusions

Typical findings the insurance company wants:

❌ "Patient's complaints are subjective and out of proportion to objective findings"

❌ "MRI findings are consistent with age-appropriate degenerative changes"

❌ "No objective evidence of significant injury"

❌ "Patient has reached maximum medical improvement"

❌ "Patient can return to full duty work without restrictions"

❌ "Impairment rating: 5% [when your doctor said 25%]"

❌ "Current symptoms more likely related to pre-existing degenerative condition"

❌ "Further treatment is not medically necessary"

The IME report is almost always bad for injured workers.

How to Challenge a Bad IME Report

Your Lawyer's Job

An experienced Chicago workers comp attorney will:

✅ Get the IME report reviewed by your treating doctor

• Have your doctor write a rebuttal
• Point out errors and flaws

✅ Take the IME doctor's deposition

• Cross-examine the doctor under oath
• Challenge their opinions
• Point out bias

✅ Highlight the IME doctor's bias

• Show they always testify for insurance companies
• Show how much money they make from IME work
• Show they rarely find in favor of injured workers

✅ Emphasize your treating doctor's superior knowledge

• Your doctor actually treated you (not just one exam)
• Your doctor has longitudinal relationship
• Your doctor ordered tests and saw results

✅ Point out flaws in the IME exam

• Too brief (20 minutes vs. months of treatment)
• Doctor didn't review all records
• Doctor cherry-picked facts
• Doctor ignored objective findings

At Hearing

At the arbitration hearing, your lawyer will cross-examine the IME doctor and show:

❌ The doctor has financial incentive to favor insurance companies

❌ The exam was cursory and brief

❌ The doctor ignored key medical records

❌ The doctor's opinions are not supported by evidence

❌ Your treating doctor's opinions are more credible

IME opinions can be successfully challenged.

Can You Record the IME?

In Illinois: Maybe

Illinois is a "two-party consent" state, meaning you generally need permission from both parties to record a conversation.

However:

• Some courts have allowed recording of IMEs
• You should ask the doctor's permission first
• If they refuse, you probably cannot record

Better option: Bring someone with you to observe and take notes.

Can You Bring Someone With You?

YES - And You Should

You have the right to bring someone to observe the IME:

• Spouse
• Family member
• Friend
• Your lawyer (though doctors usually refuse this)

Why bring someone?

• Witness to what happens
• Can testify if doctor misrepresents exam
• Provides moral support
• Can take notes

Your observer should:

• Sit quietly and observe
• Not interfere with exam
• Not answer questions for you
• Take notes afterward

Second IMEs and Multiple IMEs

How Many IMEs Can They Make You Do?

Under Illinois law, the employer can require you to attend multiple IMEs:

• One IME per body part
• Follow-up IMEs as case progresses
• IME for permanency evaluation
• IME before surgery authorization

But: The requests must be reasonable.

If you think the IME requests are unreasonable or harassing:

• Talk to your lawyer
• May be able to file a motion to quash (cancel) the IME

What If the IME Doctor Wants to Do Invasive Tests?

You Can Refuse Invasive Tests

The IME doctor cannot:

• Perform surgery
• Give injections
• Do nerve blocks
• Draw blood
• Do any invasive procedures

The IME is for examination only, not treatment.

If the doctor tries to do an invasive test, you can refuse.

Video IMEs

Can They Do IMEs by Video?

After COVID, some IME doctors do video exams.

Problems with video IMEs:

• Doctor can't physically examine you
• Limited ability to assess gait, movement
• Less thorough

Your lawyer may object to a video-only IME and insist on in-person exam.

Bottom Line on IMEs

Key Takeaways:

✅ You must attend - refusing can end your case

✅ The IME doctor works for the insurance company - not independent

✅ Be honest and consistent - don't exaggerate or fake

✅ Bring someone with you - to observe and take notes

✅ Be polite but careful - don't volunteer extra information

✅ You may be under surveillance - before, during, or after

✅ The report will likely be negative - your lawyer will challenge it

✅ Your treating doctor's opinion matters more - they actually treated you

The IME is designed to hurt your case. With proper preparation and a good lawyer, you can minimize the damage.

Have an IME Coming Up?

Call our Chicago office at 312-500-4500 for advice on:

• How to prepare for your IME
• What to say and what not to say
• How to challenge a bad IME report
• Whether the IME request is reasonable

The consultation is free. The advice could save your case.

CHAPTER 11: Returning to Work After a Work Injury in Illinois

One of the most stressful parts of a work injury is figuring out when and how you can return to work.

Here's everything you need to know about returning to work under Illinois workers compensation law.

When Can You Return to Work?

Your Doctor Decides

Your treating physician decides when you can return to work and what restrictions you need.

You cannot return to work until your doctor releases you.

Three Types of Work Releases

1. Full Duty Release

• You can do all your regular job duties
• No restrictions
• Same as before the injury

2. Light Duty Release (Temporary Restrictions)

• You can do some work with restrictions
• Temporary limitations while you heal
• Examples: "No lifting over 20 pounds for 6 weeks"

3. Permanent Restrictions

• Ongoing limitations that won't change
• After reaching Maximum Medical Improvement
• Examples: "Permanent 10-pound lift restriction"

Understanding Work Restrictions

Common Work Restrictions

Lifting restrictions:

• "No lifting over X pounds"
• Most common restriction

Positional restrictions:

• "No prolonged standing" (sitting job)
• "No prolonged sitting" (standing job)
• "No bending or twisting"
• "No climbing ladders"
• "No overhead work"

Activity restrictions:

• "No repetitive gripping"
• "No use of vibrating tools"
• "One-handed work only"

Time restrictions:

• "Can work 4 hours per day only"
• "Part-time only"

Environmental restrictions:

• "No exposure to cold"
• "No exposure to heights"
• "Indoor work only"

Sedentary, Light, Medium, Heavy Duty

Doctors often use these categories:

Sedentary: Sitting most of the time, lifting up to 10 pounds occasionally

Light Duty: Lifting up to 20 pounds occasionally, standing/walking some

Medium Duty: Lifting up to 50 pounds occasionally, standing/walking frequently

Heavy Duty: Lifting over 50 pounds, physical labor

What Happens When Your Doctor Releases You to Light Duty?

Your Employer's Options

When your doctor gives you light duty restrictions, your employer can:

Option 1: Offer you light duty work within your restrictions

• You must accept (or have a good reason not to)
• They pay you regular wages (or light duty wages)
• Your TTD stops

Option 2: Offer you nothing (no light duty available)

• You stay off work
• You continue receiving TTD
• They cannot force you to work outside your restrictions

Option 3: Offer you work outside your restrictions

• You refuse (it violates doctor's orders)
• You continue receiving TTD
• Report to your doctor that they want you to work outside restrictions

Important Rule: They Cannot Make You Work Outside Your Restrictions

Under Illinois law, your employer cannot require you to perform work that violates your doctor's restrictions.

If they try to:

✅ Refuse to do the work

✅ Document what they asked you to do

✅ Report it to your doctor

✅ Tell your lawyer

Your doctor will likely take you completely off work if employer is violating restrictions.

What If You Try Light Duty and Can't Do It?

If you return to light duty but:

• The pain is too much
• You can't physically do the work
• Your condition worsens

Go back to your doctor immediately and explain:

• What work you were doing
• What problems you had
• That you cannot continue

Your doctor may take you off work again.

Modified Duty vs. Light Duty

What's the Difference?

Light Duty: Employer gives you a different job with less physical demands

Modified Duty: Employer modifies your regular job to accommodate restrictions

Examples:

Construction worker with 20-pound lift restriction:

• Light duty: Work in the office doing paperwork
• Modified duty: Do construction work, but coworkers lift heavy items

Warehouse worker with no standing restriction:

• Light duty: Work in shipping/receiving seated
• Modified duty: Same job, but with a stool to sit

Both are acceptable under Illinois workers comp law as long as they're within your restrictions.

What If Your Employer Has No Light Duty Available?

Smaller Employers

Many small businesses:

• Have no office work
• Have no light duty positions
• Need workers to do the actual job

If they legitimately have no light duty work available:

• You stay off work
• You continue receiving TTD
• This is common and legal

Larger Employers

Large employers often have:

• Office work
• Shipping/receiving
• Quality control
• Security
• Other sedentary positions

They're more likely to have light duty available.

"We Have No Light Duty" - Is It True?

Sometimes employers claim they have no light duty when they really do.

Red flags:

• Large company with hundreds of employees
• You see other injured workers doing light duty
• They suddenly "have no light duty" after you file workers comp claim

If you suspect they're lying:

• Tell your lawyer
• May be discrimination/retaliation
• Could be basis for a lawsuit

Returning to Full Duty Work

When Your Doctor Releases You

When your doctor gives you a full duty release, you:

• Can return to your regular job
• With no restrictions
• Can do everything you did before

Your TTD stops on the date of the full duty release.

What If You Don't Feel Ready?

If your doctor releases you to full duty but you don't feel ready:

Option 1: Tell your doctor

• Explain why you don't feel ready
• Describe ongoing symptoms
• Doctor may keep you off longer

Option 2: Get a second opinion

• If within the Two Doctor Rule
• New doctor may have different opinion

Option 3: Return to work and see how it goes

• If you can't do it, go back to doctor
• Doctor may take you off again

Don't just refuse to return without medical support - your benefits can be terminated.

What If You Can Never Return to Your Old Job?

Permanent Restrictions

If your doctor gives you permanent restrictions that prevent you from doing your old job:

Examples:

• Construction worker with permanent 10-pound lift restriction
• Mechanic who can only do one-handed work
• Truck driver who cannot sit for long periods

You have several options:

Option 1: Vocational Rehabilitation

Illinois workers comp can pay for:

• Job retraining
• Education programs
• Vocational counseling
• Job search assistance
• Career assessment

Goal: Retrain you for a new career you can physically do.

You may receive TTD-like benefits while in retraining.

Option 2: Find New Employment

You find a new job that:

• Is within your restrictions
• Pays less than your old job
• Qualifies you for wage differential benefits

Option 3: Wage Differential Benefits

If your work injury forces you into a lower-paying job permanently, you receive wage differential benefits.

How it works:

You were earning: $1,000/week in construction

Now you can only earn: $600/week in light duty

Difference: $400/week

Wage differential: $400 × 2/3 = $266.67/week

For how long? Can be for years or until retirement age (depending on the case).

This is in addition to your PPD settlement.

Option 4: Permanent Total Disability

If you can't work any job due to your work injury:

• You may qualify for Permanent Total Disability (PTD)
• Pays 2/3 of AWW for life
• Very difficult to prove
• Requires catastrophic injuries

Your Rights When Returning to Work

Right #1: Work Within Your Restrictions

You have the right to:

• Work only within your doctor's restrictions
• Refuse work that violates your restrictions
• Not be forced to do work that will hurt you

Right #2: Keep Your Job

Under Illinois law, you generally cannot be fired just because you were injured at work.

But: Your employer can fire you for:

• Legitimate business reasons unrelated to injury
• Performance issues that existed before
• Downsizing/layoffs
• If you cannot do any available job even with restrictions

This gets complicated - see Chapter 12 on retaliation.

Right #3: Reasonable Accommodations

Under the Americans with Disabilities Act (ADA):

• Employers must provide reasonable accommodations
• For qualified individuals with disabilities
• Unless it creates undue hardship

Reasonable accommodations might include:

• Modified work schedule
• Ergonomic equipment
• Modified duties
• Different position

This is separate from workers comp but can work together.

Right #4: Not Be Retaliated Against

You cannot be:

• Fired for filing workers comp claim
• Harassed for being injured
• Denied promotions or raises because of injury
• Treated worse than other employees

If this happens, you may have a retaliatory discharge lawsuit (see Chapter 12).

Common Return-to-Work Problems

Problem 1: Employer Pressures You to Return Early

Your boss says: "We really need you back. Can you come back even though your doctor says you're off work?"

What to do:

• Say NO
• You cannot return without doctor's release
• Document the pressure
• Tell your lawyer

Problem 2: Employer Asks You to Work Outside Restrictions

Your boss says: "I know your doctor said no lifting over 20 pounds, but we really need you to help unload this truck."

What to do:

• Refuse politely but firmly
• "I can't do that. My doctor says I'm restricted to 20 pounds."
• Document what they asked
• Report to your doctor
• Tell your lawyer

Problem 3: Employer Offers "Light Duty" That Isn't

Your boss says: "We have light duty for you" but the work clearly violates your restrictions.

What to do:

• Document what the "light duty" entails
• Compare it to your restrictions
• If it violates restrictions, refuse
• Report to doctor and lawyer

Problem 4: You Can't Do the Light Duty Work

You try light duty but:

• Pain is unbearable
• Physically can't do it
• Condition is getting worse

What to do:

• Stop working if causing harm
• See your doctor immediately
• Explain what happened
• Doctor may take you off work again

Problem 5: Hostile Work Environment

When you return, co-workers or management:

• Give you the cold shoulder
• Make snide comments
• Exclude you
• Treat you differently

What to do:

• Document everything
• Report to HR if severe
• Tell your lawyer
• May be basis for lawsuit if severe enough

Financial Considerations

What Gets Paid When You Return to Work?

If you return to full duty at full pay:

• TTD stops
• You earn regular wages
• Still entitled to PPD settlement later

If you return to light duty at reduced pay:

• TTD stops
• You earn light duty wages
• May get TPD (Temporary Partial Disability) - 2/3 of wage difference
• Still entitled to PPD settlement later

If you can't return at all:

• TTD continues
• Until doctor releases you or you reach MMI
• Then PPD settlement

Can You Collect Unemployment If You Can't Return?

Maybe.

You generally CANNOT get unemployment if:

• You're off work due to injury (you're not "able to work")
• You're receiving TTD

You MAY be able to get unemployment if:

• Your doctor releases you
• Your employer has no work within your restrictions
• You're able and available to work (within restrictions)

This is case-specific - consult with an attorney.

Tips for a Successful Return to Work

Before Returning

✅ Get a detailed work release from your doctor

✅ Make sure you understand your restrictions

✅ Communicate restrictions to employer in writing

✅ Ask what light duty is available

✅ Get job description of light duty work

✅ Confirm it's within restrictions

When You Return

✅ Bring a copy of your work restrictions

✅ Give copy to your supervisor

✅ Ask questions if unsure about tasks

✅ Don't push through severe pain

✅ Document your hours and duties

✅ Keep a pain journal

If Problems Arise

✅ Document everything in writing

✅ Report violations to your doctor

✅ Tell your lawyer immediately

✅ Don't quit without talking to lawyer

✅ Don't do work that will injure you further

Bottom Line on Returning to Work

Key Takeaways:

✅ Your doctor decides when you can return and what restrictions you need

✅ You cannot be forced to work outside your restrictions

✅ Your employer must offer work within restrictions (if available) or pay you TTD

✅ You have rights - not to be retaliated against or discriminated against

✅ Document everything - restrictions, violations, problems

✅ Don't quit without talking to a lawyer first

✅ Stay in communication with your doctor and lawyer

Returning to work after a work injury can be stressful, but knowing your rights helps protect you.

Having Problems Returning to Work?

Call our Chicago office at 312-500-4500 for advice on:

• Whether the light duty offer is appropriate
• What to do if employer violates your restrictions
• Your rights under Illinois law
• Whether you're being discriminated against

The consultation is free. The advice could save your job and your case.

CHAPTER 13: When You NEED a Workers Comp Lawyer in Chicago

This is one of the most important questions injured workers ask me: "Do I really need a lawyer for my workers comp case?"

Let me give you an honest answer - not every case needs a lawyer. But most do.

Here's how to know if YOU need one.

The Honest Truth About Lawyers and Workers Comp

I'm Going to Be Straight With You

I'm a workers compensation lawyer. I make my living representing injured workers.

So you might think I'd tell everyone: "Yes, you absolutely need a lawyer!"

But that's not true. Some simple cases genuinely don't need a lawyer.

Here's my honest assessment:

Cases that might NOT need a lawyer:

• Very minor injury
• You're back to work quickly (under 2 weeks)
• No disputes about anything
• Insurance company is paying everything promptly
• You have no permanent disability
• Settlement offer seems fair

Cases that DEFINITELY need a lawyer:

• Serious injury
• Surgery required
• Permanent disability
• Claim is denied
• Insurance company won't pay
• Disputes about causation
• Pre-existing conditions involved
• You can't return to your old job
• Settlement offer seems low
• You're being pressured to settle

Signs You ABSOLUTELY Need a Workers Comp Lawyer

Red Flag #1: Your Claim Was Denied

If the insurance company denied your workers comp claim, you NEED a lawyer immediately.

Why?

• The denial process is complex
• You're fighting the insurance company's lawyers
• Technical rules and deadlines apply
• You could lose your rights forever
• You need evidence gathered quickly

Without a lawyer, your denied claim will almost certainly stay denied.

Call 312-500-4500 immediately if your claim was denied.

Red Flag #2: They're Not Paying You TTD (Wage Loss)

If you're off work and not getting paid, you NEED a lawyer.

Why?

• You need income NOW
• A lawyer can file a 19(b) Petition for emergency relief
• Can get you in front of an Arbitrator within 30-60 days
• Can force them to start paying you

I see this all the time: injured workers with no money coming in, and their lawyer does nothing.

A good Chicago workers comp lawyer will file a 19(b) Petition immediately to get you paid.

If you're not getting paid wage loss benefits, call 312-500-4500.

Red Flag #3: You Had Surgery or Need Surgery

If your work injury required surgery (or you need surgery), you NEED a lawyer.

Why?

• Surgery cases are worth significant money
• Insurance companies fight these cases hard
• Impairment ratings vary widely after surgery
• Settlement values range from $50,000 to $200,000+
• A lawyer can increase your settlement by $30,000-$100,000+

Example:

Without lawyer:

• Insurance offers $40,000
• You accept it
• Done

With lawyer:

• Insurance initially offers $40,000
• Lawyer demands $120,000 with strong evidence
• Negotiates settlement to $85,000
• After 20% attorney fee ($17,000) and costs ($3,000)
• You net $65,000

You net $25,000 MORE even after paying the lawyer.

And that's a conservative example.

Red Flag #4: You Have Permanent Disability

If you have permanent restrictions or permanent disability, you NEED a lawyer.

Why?

• Permanent disability is where most of the money is
• The difference between 20% and 30% disability rating = $30,000-$50,000+
• Insurance companies lowball PPD settlements
• Impairment rating disputes are common
• Apportionment fights are complex
• A lawyer knows how to maximize your PPD value

Permanent disability cases are worth tens of thousands to hundreds of thousands of dollars.

Don't leave that money on the table by handling it yourself.

Red Flag #5: You Can't Return to Your Old Job

If your work injury prevents you from returning to your old job, you NEED a lawyer.

Why?

• You may be entitled to vocational rehabilitation
• You may be entitled to wage differential benefits
• Your disability percentage should be higher
• These cases are complex
• Significant money is at stake

If you were a construction worker making $1,000/week and now can only do office work at $600/week:

• Difference: $400/week
• Wage differential: $266/week
• For 20 more years of working: $266 × 52 × 20 = $276,720

A lawyer can help you get wage differential benefits you'd never get on your own.

Red Flag #6: They're Offering You a Settlement

If the insurance company made you a settlement offer, TALK TO A LAWYER before accepting.

Why?

• First offers are almost always 40-60% of fair value
• You don't know what your case is worth
• Once you settle, you can't undo it
• A lawyer can tell you if the offer is fair
• Most lawyers will review an offer for free

Never, ever accept a settlement offer without talking to a lawyer first.

Even if you don't hire the lawyer, at least get a second opinion.

Call 312-500-4500 for a free settlement evaluation.

Red Flag #7: There Are Disputes About Causation

If the insurance company is claiming your injury isn't work-related, you NEED a lawyer.

Why?

• Causation disputes are complex legal issues
• You need medical evidence properly presented
• Insurance companies have lawyers arguing their side
• You'll lose without a lawyer

Common causation disputes:

• Gradual injuries (carpal tunnel, back problems)
• Pre-existing conditions
• Delayed symptom onset
• Repetitive trauma

These cases require lawyers who know how to prove medical causation under Illinois law.

Red Flag #8: You Have Pre-Existing Conditions

If you had a prior injury to the same body part, you NEED a lawyer.

Why?

• Insurance companies argue for "apportionment"
• They'll try to blame everything on your old injury
• This can cut your settlement in half or more
• A good lawyer knows how to minimize apportionment
• Can turn a weakness into a strength

I know lots of ways to fight apportionment arguments that most people don't know.

Don't let pre-existing conditions destroy your case - hire a lawyer who knows how to handle them.

Red Flag #9: The Insurance Company Sent You to Their Doctor (IME)

If you've been to an IME, you NEED a lawyer.

Why?

• The IME doctor will give a low impairment rating
• The IME doctor will minimize your injuries
• The IME report will be used against you
• You need a lawyer to challenge the IME doctor's opinions
• At hearing, a lawyer can cross-examine the IME doctor

Without a lawyer, the IME doctor's opinion will likely be accepted and you'll get far less money.

Red Flag #10: You're Being Pressured to Settle Quickly

If the insurance company is pressuring you to settle fast, you NEED a lawyer.

Why?

• They're pressuring you because your case is worth MORE
• Quick settlements are always lowball
• They want to settle before you know what it's worth
• You need time to reach Maximum Medical Improvement
• A lawyer will slow things down and get you fair value

If they're pushing you to settle, there's a reason - and it's not to help you.

Red Flag #11: You're Being Harassed or Fear Being Fired

If your employer is harassing you or you think they might fire you for filing workers comp, you NEED a lawyer.

Why?

• You may have a retaliatory discharge claim
• Worth $50,000-$500,000+ separate from workers comp
• A lawyer can send cease-and-desist letters
• A lawyer can preserve evidence
• You need someone protecting your rights NOW

Don't wait until after you're fired - call a lawyer immediately.

Red Flag #12: The Case Is Taking Too Long

If it's been months or years and nothing is happening with your case, you might need a DIFFERENT lawyer.

Why?

• Your current lawyer may not be working on your case
• Cases shouldn't drag on forever without progress
• You deserve regular updates
• A good lawyer moves cases forward

If your lawyer doesn't return calls, doesn't update you, and nothing is happening - call another lawyer for a second opinion.

What Does a Workers Comp Lawyer Actually Do?

Here's What I Do for My Clients

Many people don't know what a workers comp attorney actually does. Let me break it down:

At the Beginning of Your Case

✅ Evaluate your case - Tell you honestly what it's worth

✅ File your Application for Adjustment of Claim - Start the formal process

✅ Send demand letters - Put insurance company on notice

✅ Gather evidence - Accident reports, witness statements, photos

✅ Get your medical records - Organize and summarize them

✅ Calculate your Average Weekly Wage - Fight to get it as high as possible

✅ Make sure you're seeing the right doctors - Not company doctors

If You're Not Getting Paid

✅ File 19(b) Petitions - For emergency relief

✅ Get you in front of an Arbitrator - Within 30-60 days

✅ Present evidence - Prove you're entitled to TTD

✅ Force the insurance company to pay you - What you're owed

Throughout Your Treatment

✅ Monitor your medical care - Make sure it's being documented properly

✅ Communicate with your doctors - Ensure they understand workers comp

✅ Fight insurance company tactics - Deny unreasonable IME requests

✅ Authorize necessary treatment - File petitions if treatment denied

✅ Deal with insurance adjusters - So you don't have to

When You Reach Maximum Medical Improvement

✅ Review impairment ratings - Challenge if too low

✅ Prepare for IME - Tell you what to expect

✅ Challenge IME opinions - Cross-examine IME doctor

✅ Hire vocational experts - If you can't return to work

✅ Calculate fair settlement value - Based on all factors

During Settlement Negotiations

✅ Prepare demand packages - With all supporting evidence

✅ Negotiate with insurance company - Push for maximum value

✅ Advise you on settlement offers - Tell you if fair or lowball

✅ Explain settlement options - Keep medical open vs. close it

✅ Protect your interests - Don't let you settle too early or too cheap

If Your Case Goes to Hearing

✅ Prepare your case for trial - Organize all evidence

✅ Take depositions - Of doctors, witnesses, vocational experts

✅ Prepare you to testify - Coach you on what to expect

✅ Present evidence at hearing - Argue your case before Arbitrator

✅ Cross-examine defense witnesses - Challenge IME doctors

✅ Submit written briefs - Legal arguments supporting your case

✅ Get the best possible award - Maximize your benefits

After the Decision

✅ Appeal if you lose - To the Commission or Circuit Court

✅ Enforce the award if you win - Make sure they pay

✅ Handle collection issues - If insurance doesn't pay promptly

✅ Advise on tax implications - What's taxable, what's not

What a Good Workers Comp Lawyer Does Differently

Not All Workers Comp Lawyers Are the Same

Here's what separates good lawyers from mediocre ones:

Good Lawyers File 19(b) Petitions When Needed

Too many lawyers do NOTHING when their client isn't getting paid.

A good lawyer files 19(b) Petitions to get emergency relief.

I file these ALL THE TIME for my clients. It's how you get paid quickly instead of waiting months or years.

Good Lawyers Know How to Maximize Average Weekly Wage

Your AWW determines everything:

• TTD rate (2/3 of AWW)
• PPD rate (60% of AWW)
• Total settlement value

Good lawyers fight to include:

• All overtime
• Bonuses
• Tips
• Side jobs
• Any other income

The difference between $800/week AWW and $1,200/week AWW can be $50,000+ in your settlement.

Mediocre lawyers just accept whatever the insurance company says your AWW is.

Good Lawyers Challenge Low Impairment Ratings

When the IME doctor says 10% and your doctor says 30%, good lawyers:

• Have your doctor write a detailed rebuttal
• Take the IME doctor's deposition
• Cross-examine them at hearing
• Highlight their bias and flaws

Mediocre lawyers just accept the two opinions and hope for something in the middle.

That 20% difference in rating = $30,000-$60,000 in your pocket.

Good Lawyers Know How to Fight Apportionment

When you have pre-existing conditions, insurance companies argue for apportionment (reducing your award).

Good lawyers know how to:

• Position the case to minimize apportionment
• Show the work injury is distinct
• Prove aggravation/acceleration
• Use medical evidence effectively
• Turn a weakness into a strength

I've won full awards in cases where the insurance company argued 50% apportionment.

Mediocre lawyers just accept significant apportionment and your settlement gets cut in half.

Good Lawyers Actually Go to Hearing

Many "TV lawyers" and high-volume firms NEVER take cases to hearing.

The insurance companies know this.

Result: They make lowball offers because they know the lawyer will pressure the client to accept rather than go to trial.

Good lawyers:

• Prepare every case for hearing
• Actually try cases at hearing
• Have a track record of wins
• Insurance companies fear them

When insurance companies know your lawyer will take the case to hearing (and can win), they make better settlement offers.

Good Lawyers Communicate With Clients

The #1 complaint about lawyers: "They never call me back."

Good lawyers:

• Return calls within 24 hours
• Update clients regularly
• Explain what's happening
• Answer questions patiently
• Treat clients with respect

If your lawyer doesn't return your calls, get a new lawyer.

Good Lawyers Focus on Workers Comp

You want a lawyer who:

• Focuses their practice on workers compensation
• Handles workers comp cases every day
• Knows the Arbitrators
• Knows the insurance defense lawyers
• Knows the medical providers
• Stays current on workers comp law

You DON'T want:

• A "jack of all trades" lawyer who does a little bit of everything
• A criminal defense lawyer who occasionally does workers comp
• A real estate lawyer who takes workers comp cases on the side

Workers compensation law is specialized and complex. You need a specialist.

How Much Do Workers Comp Lawyers Cost?

Workers Comp Lawyers Work on Contingency

You don't pay anything upfront.

You don't pay anything unless you win.

The lawyer gets paid only if you get money.

Typical Fee Structure in Illinois

Most Chicago workers comp attorneys charge:

20% of the settlement if the case settles before hearing

OR

Contingency fee on a sliding scale if the case goes to hearing (typically 20-25%)

Plus costs (court filing fees, medical records, depositions, expert witnesses)

How the Fee Is Paid

The attorney fee comes out of your settlement.

Example:

• Settlement: $75,000
• Attorney fee (20%): $15,000
• Costs (records, depositions, etc.): $2,500
• You receive: $57,500

Is It Worth It?

ABSOLUTELY.

Let me show you with real numbers:

Example Case: Back injury with surgery, 25% man as a whole disability

WITHOUT A LAWYER:

• Insurance company offers: $45,000
• You accept it
• No attorney fees
• You net: $45,000

WITH A LAWYER:

• Lawyer calculates fair value: $110,000
• Lawyer demands $110,000 with strong evidence
• Insurance offers $55,000
• Lawyer negotiates up to $85,000
• Attorney fee (20%): $17,000
• Costs: $3,000
• You net: $65,000

You get $20,000 MORE even after paying the lawyer.

And in many cases, the difference is even bigger - $50,000 to $100,000 more.

What If You Lose?

If you don't win any money, you don't owe the lawyer anything (in most cases).

Exception: If you lose an appeal that you filed, you might owe some costs, but not attorney fees.

The risk is on the lawyer, not you.

When You Might NOT Need a Lawyer

I Promised to Be Honest

Here are situations where you might be able to handle it yourself:

Scenario 1: Minor Injury, Quick Recovery

If:

• You had a very minor injury (sprained ankle, small cut)
• You were back to work within 1-2 weeks
• No permanent effects
• Insurance company paid everything promptly
• No disputes about anything
• They made a small settlement offer ($500-$2,000) that seems fair

You might not need a lawyer.

But it doesn't hurt to call one for a free consultation just to make sure.

Scenario 2: No Lost Time from Work

If:

• You were injured but never missed work
• Got treatment on your own time
• Fully recovered
• No permanent disability
• Just want medical bills paid

You might not need a lawyer for the medical bills.

But if there's ANY permanent disability, call a lawyer.

Scenario 3: Company Is Cooperating Fully

If:

• Injury clearly work-related
• Insurance company accepting liability
• Paying all medical bills promptly
• Paying TTD if you're off work
• No disputes
• Being reasonable

You might not need a lawyer YET.

But once you reach MMI and they make a settlement offer, CALL A LAWYER to evaluate if the offer is fair.

Even in "Easy" Cases, a Free Consultation Doesn't Hurt

Most workers comp lawyers (including me) offer FREE consultations.

It costs you nothing to:

• Call a lawyer
• Explain your case
• Get their opinion
• Find out what it's worth
• Decide if you want to hire them

So even if you think your case is simple, call a lawyer just to be sure.

Call 312-500-4500 for a free case evaluation.

Red Flags: Signs You Need a DIFFERENT Lawyer

What If You Already Have a Lawyer But...

Sometimes people hire the wrong lawyer. Here are signs you might need to switch:

Red Flag #1: They Never Call You Back

If your lawyer:

• Doesn't return calls for days or weeks
• Never updates you on your case
• You have no idea what's happening
• Staff is rude or unhelpful

Get a new lawyer.

You deserve communication and respect.

Red Flag #2: Nothing Is Happening

If:

• It's been 6+ months and nothing has progressed
• No petitions filed
• No settlement negotiations
• Case just sitting there
• Lawyer makes excuses

Get a new lawyer.

Cases should move forward. A good lawyer makes things happen.

Red Flag #3: They're Pressuring You to Settle

If your lawyer is:

• Pushing you to accept a lowball offer
• Saying "this is the best we can do"
• Not willing to go to hearing
• Trying to close your case quickly
• More concerned about their fee than your recovery

Get a new lawyer.

Your lawyer should fight for maximum value, not pressure you to settle cheap.

Red Flag #4: They Don't Know Workers Comp

If your lawyer:

• Doesn't handle workers comp regularly
• Seems unfamiliar with the process
• Doesn't know the Arbitrators
• Doesn't understand medical evidence
• Is learning on your case

Get a new lawyer who specializes in workers comp.

Red Flag #5: You Don't Trust Them

If:

• Your gut tells you something is wrong
• You don't feel comfortable
• They seem dishonest
• You question their advice

Get a new lawyer.

Trust your instincts. The attorney-client relationship requires trust.

Can You Change Lawyers?

YES.

You can fire your lawyer and hire a new one at any time.

How it works:

• You fire the old lawyer (in writing)
• You hire the new lawyer
• New lawyer files a substitution of attorney with IWCC
• Old lawyer may be entitled to some fees for work done (often resolved between the lawyers)

Don't stay with a bad lawyer just because you already hired them.

How to Choose a Good Workers Comp Lawyer

Questions to Ask When Interviewing Lawyers

Before hiring a workers comp attorney, ask:

Question 1: How Much of Your Practice Is Workers Comp?

Good answer: "100%" or "80%+"

Bad answer: "I do workers comp, personal injury, criminal defense, real estate, family law..."

You want a specialist, not a generalist.

Question 2: How Many Workers Comp Cases Have You Handled?

Good answer: "Hundreds" or "Thousands"

Bad answer: "A few" or "I'm not sure"

Experience matters in workers comp.

Question 3: Do You Take Cases to Hearing?

Good answer: "Yes, regularly. I try cases all the time."

Bad answer: "We prefer to settle" or "We rarely go to hearing"

You want a trial lawyer, not just a settlement lawyer. Insurance companies need to fear your lawyer.

Question 4: What Do You Think My Case Is Worth?

Good answer: A thoughtful analysis based on:

• Your AWW
• Impairment rating
• Type of injury
• Comparable cases
• Specific factors

Bad answer: "I can't tell you that" or an immediate number with no analysis

A good lawyer can give you a reasonable range after reviewing your case.

Question 5: How Will You Communicate With Me?

Good answer: "I return calls within 24 hours. You'll get regular updates. Here's my direct number."

Bad answer: "Call the office and leave a message" or "We'll contact you when something happens"

Communication is critical.

Question 6: What Are Your Fees?

Good answer: Clear explanation of contingency fee percentage and costs

Bad answer: Vague or evasive about fees

Fee structure should be transparent.

Question 7: Will You Personally Handle My Case?

Good answer: "Yes, I'll personally handle it" or "I'll handle it with my associate [name]"

Bad answer: "My staff handles most cases" or "We have a team approach" (meaning you'll never talk to the lawyer)

You want to know WHO is actually working on your case.

Question 8: What's Your Success Rate?

Good answer: Specific examples of settlements and hearing wins

Bad answer: "We win most cases" (vague)

Ask for examples of similar cases they've handled.

The Bottom Line: Do You Need a Lawyer?

Here's My Honest Assessment

You DEFINITELY need a Chicago workers comp lawyer if:

✅ Your claim was denied

✅ You're not getting paid TTD

✅ You had surgery or need surgery

✅ You have permanent disability

✅ You can't return to your old job

✅ Insurance made a settlement offer

✅ There are causation disputes

✅ You have pre-existing conditions

✅ You've been to an IME

✅ They're pressuring you to settle

✅ You're being harassed or fear being fired

✅ The case is complicated in any way

You MIGHT not need a lawyer if:

• Very minor injury
• Quick recovery (under 2 weeks off work)
• No permanent effects
• No disputes
• Everything being paid promptly
• Very small settlement offer that seems fair

BUT even in "simple" cases, a free consultation with a lawyer is a good idea.

What Happens in a Free Consultation?

Here's What to Expect When You Call

When you call our Chicago office at 312-500-4500:

1. We'll ask about your injury

• How it happened
• What body parts are hurt
• What treatment you've had

2. We'll ask about your job

• What you do for work
• How much you earn
• Whether you're working now

3. We'll ask about the insurance company

• Are they paying you?
• Have they denied anything?
• Have you been to an IME?
• Have they made an offer?

4. We'll give you honest advice

• Whether you need a lawyer
• What your case is worth (approximate range)
• What strategy we'd use
• What to expect

5. We'll answer all your questions

• About the process
• About fees
• About your specific situation

6. You decide

• No pressure to hire us
• Take time to think about it
• Call back if you have more questions

The consultation is FREE and there's NO OBLIGATION.

Final Bottom Line

Key Takeaways:

✅ Most workers comp cases need a lawyer - especially if serious

✅ Lawyers work on contingency - no upfront cost, no fees unless you win

✅ A good lawyer pays for themselves - often increasing your settlement by $30,000-$100,000+

✅ Choose a workers comp specialist - not a generalist

✅ Communication matters - find a lawyer who returns calls

✅ Free consultations are available - call to find out if you need a lawyer

✅ Don't wait too long - evidence disappears, witnesses forget, deadlines pass

The insurance company has lawyers working to pay you as little as possible.

You need someone on YOUR side fighting for YOU.

Get a Free Case Evaluation

Call our Chicago workers compensation office at 312-500-4500 anytime, day or night.

We'll tell you:

• Whether you need a lawyer (honest answer)
• What your case is worth
• What we can do to help
• What to expect

The consultation is completely free. No obligation. We only get paid if you win.

Don't face the insurance company alone.

Call 312-500-4500 now.

CHAPTER 14: Common Workers Comp Mistakes to AVOID

I've handled thousands of workers compensation cases in Chicago over 20+ years.

I've seen the same mistakes destroy cases over and over again.

Here are the most common mistakes injured workers make - and how to avoid them.

MISTAKE #1: Not Reporting the Injury Immediately

The Mistake

You get hurt at work but:

• Don't tell anyone right away
• Wait to see if it gets better
• Report it days or weeks later
• Think "it's no big deal"

Why This Hurts Your Case

Under Illinois law, you must report your work injury within 45 days.

But practically speaking:

• The longer you wait, the more the insurance company will question if it really happened
• Witnesses forget what they saw
• Your employer might claim you were never injured at work
• Delayed reporting looks suspicious

Insurance companies LOVE when you wait to report injuries because it gives them ammunition to deny your claim.

Real Example

John's Story:

• Hurt his back lifting a heavy box on Monday
• Thought it would feel better in a few days
• Pain got worse
• Reported the injury 3 weeks later

Result: Insurance company denied the claim, arguing:

• No contemporaneous evidence
• Maybe he hurt himself at home
• Why wait 3 weeks if really hurt at work?
• Delayed reporting shows it's not work-related

John had to fight for 2 years at hearing to prove his injury was work-related.

How to Avoid This Mistake

✅ Report ALL injuries immediately - even minor ones

✅ Tell your supervisor the same day - or the next day at the latest

✅ Put it in writing - email or text message

✅ Fill out accident report immediately - don't wait

✅ See a doctor right away - if you're hurt

Bottom line: Report today, not tomorrow. Report in writing, not just verbally.

MISTAKE #2: Not Seeking Medical Treatment Right Away

The Mistake

You get hurt at work but:

• Don't go to the doctor
• Wait to see if it gets better
• Refuse ambulance at the scene
• Go to the doctor days or weeks later

Why This Hurts Your Case

Insurance companies and juries expect injured people to seek immediate medical care if they're really hurt.

If you wait:

• Insurance argues you weren't really hurt
• Insurance argues you got hurt somewhere else after the work accident
• Gaps in treatment make your case weaker
• Harder to prove causation

Real Example

Maria's Story:

• Slipped and fell at work on a wet floor
• Hit her head and back
• Felt dizzy and sore
• Refused ambulance - "I'll be fine"
• Went home
• Pain got worse over next 5 days
• Finally went to ER on day 6

Result: Insurance company fought her claim arguing:

• If really injured, why refuse ambulance?
• Why wait 6 days?
• Maybe she fell at home
• Medical records show no complaints to paramedics at scene

Her case was much harder to win than if she'd gone to ER immediately.

How to Avoid This Mistake

✅ Accept ambulance transport if offered

✅ Go to ER or urgent care same day if hurt

✅ See your doctor within 24 hours at minimum

✅ Don't "tough it out" hoping it gets better

✅ Document symptoms immediately in medical records

Bottom line: See a doctor the same day or next day, no matter what.

MISTAKE #3: Not Reporting ALL Injured Body Parts

The Mistake

You hurt multiple body parts but:

• Only report the one that hurts the most
• Forget to mention the other injuries
• Think the minor injuries don't matter

Why This Hurts Your Case

If you don't report a body part in your initial accident report and medical records:

• Insurance will later claim that injury isn't work-related
• "He never complained about his knee until 6 months later"
• You might not get treatment for that body part
• You might not get compensated for that body part

Real Example

Tom's Story:

• Fell off a ladder at work
• Hurt his back (severe pain)
• Also hurt his shoulder (moderate pain)
• Told doctor about back, forgot to mention shoulder
• Accident report only lists back injury
• 2 months later, shoulder still hurts badly
• Tries to get treatment for shoulder

Result: Insurance company denied shoulder treatment:

• "The accident report doesn't mention shoulder"
• "Medical records from ER don't mention shoulder"
• "He's making up the shoulder injury"

Tom had to fight for months to get shoulder treatment covered, and his shoulder PPD was reduced because of the delayed reporting.

How to Avoid This Mistake

✅ List EVERY body part that hurts on accident report

✅ Tell the doctor about ALL your symptoms - even minor ones

✅ If something starts hurting later, report it immediately

✅ Update your doctor about new symptoms

✅ Document everything in writing

Bottom line: When in doubt, report it. You can't go back and add body parts later without a fight.

MISTAKE #4: Treating With the Company Doctor Only

The Mistake

You only see the company doctor:

• Employer sends you to their clinic
• You never choose your own doctor
• Company doctor is your only treating physician

Why This Hurts Your Case

Company doctors work for companies, not for you.

They often:

• Minimize your injuries
• Give you light duty when you should be off work
• Release you to work before you're ready
• Give low impairment ratings
• Refuse to order necessary tests
• Won't refer you to specialists

If the company doctor is your treating doctor:

• They control your work restrictions
• They control your treatment
• They control your impairment rating
• They're biased against you

Real Example

Sarah's Story:

• Hurt her back at work
• Employer sent her to company clinic
• Company doctor said "just a strain, take some ibuprofen"
• Released her to full duty after 2 days
• She was still in severe pain
• Returned to work because doctor said she could
• Back got much worse
• Needed surgery

Result: Sarah's case was complicated because:

• Company doctor said she was fine
• She returned to work (undermining her pain claims)
• Insurance argued she made it worse by returning to work
• Surgery was "not related to original injury"

If she'd seen her own doctor, she would have been kept off work, gotten proper treatment earlier, and avoided making the injury worse.

How to Avoid This Mistake

✅ Choose your own treating doctor - it's your right under Illinois law

✅ See your own doctor immediately after a work injury

✅ The company doctor can examine you (IME) but shouldn't be your treater

✅ Make sure your doctor is independent - not beholden to employers/insurance

✅ Your treating doctor makes the decisions about your care

Bottom line: Don't let the company doctor be your only doctor. Choose your own.

MISTAKE #5: Missing Medical Appointments

The Mistake

You miss doctor appointments because:

• You feel a little better
• Transportation issues
• Work conflicts
• You're busy
• You forgot

Why This Hurts Your Case

Insurance companies use missed appointments to argue:

• "He's not really hurt or he'd keep his appointments"
• "She's not taking treatment seriously"
• "He must be feeling fine"
• "Inconsistent treatment shows exaggeration"

Gaps in treatment hurt your credibility and reduce your settlement value.

Real Example

Mike's Story:

• Hurt his back at work - herniated disc
• Seeing orthopedic surgeon
• Missed 2 PT appointments (transportation problems)
• Missed 1 doctor follow-up (work conflict)
• Rescheduled 2 appointments

Result: At hearing, insurance defense lawyer:

• Showed chart of all missed appointments
• Argued "If he's really in so much pain, why miss appointments?"
• Arbitrator was skeptical of pain claims
• Settlement offer was $15,000 less than expected

How to Avoid This Mistake

✅ Keep ALL medical appointments - make them a priority

✅ If you must cancel, reschedule immediately - don't leave gaps

✅ Document reasons for any unavoidable missed appointments

✅ Arrange transportation in advance

✅ Take time off work if necessary for appointments

Bottom line: Missing appointments = ammunition for insurance company. Keep your appointments.

MISTAKE #6: Not Following Doctor's Orders

The Mistake

Your doctor recommends treatment but you:

• Refuse surgery
• Refuse injections
• Don't take prescribed medication
• Don't do physical therapy
• Don't follow restrictions

Why This Hurts Your Case

Insurance companies and juries wonder:

• "If you're really hurt, why refuse treatment?"
• "Maybe you're not as hurt as you claim"
• "Your disability would be less if you'd accepted recommended treatment"

Your impairment rating will be higher if you refuse recommended treatment:

• Doctor says: "Patient has 25% disability, but would be 15% if he had accepted the recommended surgery"
• Insurance only pays for 15% disability
• You lose tens of thousands of dollars

Real Example

Linda's Story:

• Hurt her shoulder - torn rotator cuff
• Doctor recommended surgery
• Linda was afraid of surgery
• Refused the operation
• Continued with pain

Result: At permanency evaluation:

• Doctor rated her at 20% loss of shoulder
• But noted: "Would be 5% if patient had surgery"
• Insurance only paid settlement based on 5%
• Settlement: $12,000 instead of $48,000

Linda lost $36,000 by refusing surgery.

How to Avoid This Mistake

✅ Follow doctor's treatment recommendations - surgery, PT, injections, etc.

✅ If you have concerns, discuss them with doctor - don't just refuse

✅ Understand the consequences of refusing treatment

✅ Make medical decisions based on health but know the impact on your case

✅ If you refuse treatment for good reasons - document why

Bottom line: Refusing recommended treatment will cost you money. If you must refuse, understand the consequences.

MISTAKE #7: Not Documenting Your Pain and Limitations

The Mistake

You don't:

• Keep a pain journal
• Take photos of injuries
• Document what you can't do
• Track bad days

Why This Hurts Your Case

When your case goes to hearing or settlement:

• You'll be asked about your pain and limitations
• You won't remember specific details from months ago
• Without documentation, it's your word vs. insurance company
• Photos and journals are powerful evidence

How to Avoid This Mistake

✅ Keep a daily pain journal:

• Pain level (1-10)
• What makes it worse
• What you can't do
• Medications taken
• Sleep affected

✅ Take photos:

• Bruises, swelling, scars
• Injuries as they heal
• Medical equipment (crutches, braces)
• At various stages

✅ Keep records:

• All medical bills
• All doctor's notes
• All prescriptions
• All work restrictions

Bottom line: Document everything. Your future self will thank you.

MISTAKE #8: Posting on Social Media

The Mistake

You post on Facebook, Instagram, TikTok, etc.:

• Photos of you being active
• Check-ins at gym, sporting events
• Videos of you doing physical activities
• Comments about feeling great

Why This DESTROYS Your Case

Insurance companies check your social media - GUARANTEED.

They hire investigators to:

• Monitor your Facebook
• Check your Instagram
• Look at your TikTok
• Review your Twitter/X
• Check LinkedIn

If they find photos/videos of you:

• At the gym
• Playing sports
• Doing yard work
• On vacation being active
• Doing anything inconsistent with your claimed limitations

Your case is DESTROYED.

Real Example

Dave's Story:

• Claimed severe back injury
• Said he could barely walk
• Posted on Facebook:
  • Photos at his nephew's baseball game
  • Video of him playing with his kids in the yard
  • Check-in at a bowling alley
  • Photos from a fishing trip

Result: Insurance company showed all this at hearing:

• "He claims he can barely walk but he's bowling?"
• "He's in too much pain to work but can go fishing?"
• Arbitrator didn't believe him
• Lost the case completely - $0

How to Avoid This Mistake

✅ Don't post ANYTHING on social media during your workers comp case

✅ Make your profiles completely private - but they can still find things

✅ Don't let others tag you in photos

✅ Ask family/friends not to post about you

✅ Assume everything you post will be seen by insurance company

✅ Best option: STOP using social media until case is resolved

Bottom line: Social media posts DESTROY workers comp cases. Just don't do it.

MISTAKE #9: Being Watched and Not Knowing It

The Mistake

You don't realize:

• Insurance company might be conducting surveillance
• Investigators might be following you
• They might be videotaping you
• Cameras might be watching you

Why This Matters

Insurance companies hire private investigators to videotape injured workers.

They watch you:

• Leaving your house
• Going to the store
• Walking to your car
• At medical appointments
• Doing activities

If they catch you:

• Lifting something heavy
• Bending easily
• Moving better than you claim
• Doing activities inconsistent with your restrictions

Your case is damaged or destroyed.

Real Example

Carlos's Story:

• Claimed severe knee injury
• Said he could barely walk
• Used a cane at medical appointments
• Insurance hired investigator
• Video showed Carlos:
  • Walking normally without cane at home
  • Carrying groceries easily
  • Playing with his dog
  • Getting in/out of car with no difficulty

Result: Insurance showed video at hearing

• Arbitrator saw the contradiction
• Carlos lost all credibility
• Minimal award - case value destroyed

How to Avoid This Mistake

✅ Assume you're being watched at all times

✅ Be consistent - don't fake or exaggerate, but don't overdo it either

✅ Be honest about your limitations

✅ Don't do activities that contradict your claimed restrictions

✅ If you're having a good day, still be careful - cameras don't show context

Bottom line: Act like you're on camera at all times, because you might be.

MISTAKE #10: Talking Too Much to the Insurance Adjuster

The Mistake

You:

• Give recorded statements to insurance
• Chat with adjuster on the phone
• Answer all their questions
• Think you're "helping" your case by cooperating

Why This Hurts Your Case

Insurance adjusters are trained professionals who:

• Ask leading questions
• Get you to contradict yourself
• Get you to minimize injuries
• Record everything you say
• Use it against you later

Common traps:

• "How are you feeling?" → You say "Fine" (now they say you're not hurt)
• "Can you walk okay?" → You say "Yeah, I'm managing" (now they say you can work)
• "Have you ever had back pain before?" → You mention an old injury (now they blame everything on that)

Real Example

Jessica's Story:

• Hurt her back at work
• Insurance adjuster called
• Asked to give recorded statement
• Jessica agreed (without lawyer)
• Adjuster asked: "How are you doing?"
• Jessica said: "I'm okay, getting better"
• Adjuster asked: "Can you do housework?"
• Jessica said: "Yeah, I do what I can"

Result: At hearing, insurance played the recording:

• "She said she's getting better"
• "She said she can do housework"
• "She must not be hurt that badly"

Used against her to reduce settlement value.

How to Avoid This Mistake

✅ Don't give recorded statements to insurance without a lawyer

✅ Don't chat with insurance adjusters on the phone

✅ Be polite but brief - "Please talk to my lawyer"

✅ Never say you're "fine" or "okay" if you're not

✅ Don't answer detailed questions about your injury or treatment

Bottom line: Insurance adjusters are NOT your friends. Let your lawyer handle communication.

MISTAKE #11: Signing Documents You Don't Understand

The Mistake

Insurance company sends you forms to sign and you:

• Sign without reading carefully
• Don't understand what you're signing
• Think it's just routine paperwork
• Sign a "release" thinking it's medical authorization

Why This Hurts Your Case

You might be signing:

• A full release ending your entire case for $500
• Authorization for them to get ALL your medical records (not just work-related)
• Agreement to go to their doctor only
• Waiver of important rights

I've seen injured workers accidentally sign away their entire case thinking they were just signing a form to get medical records.

Real Example

Robert's Story:

• Hurt his shoulder at work
• Insurance sent him "paperwork to process your claim"
• Robert signed it without reading carefully
• It was actually a RELEASE settling his entire case for $1,000
• Robert thought he was still pursuing his case
• Months later found out his case was closed

Result: Robert settled his shoulder surgery case for $1,000 when it was worth $50,000+. The release was binding. He couldn't undo it.

How to Avoid This Mistake

✅ NEVER sign anything from insurance company without reading it carefully

✅ Have your lawyer review all paperwork first

✅ If you don't understand it, don't sign it

✅ Medical authorizations should be limited (work injury only, not your entire medical history)

✅ When in doubt, DON'T SIGN

Bottom line: If they send you paperwork, send it to your lawyer first. Don't sign anything.

MISTAKE #12: Working While Receiving TTD

The Mistake

You're off work receiving TTD wage loss benefits, but you:

• Work a side job
• Do cash work
• Work "under the table"
• Don't report the income

Why This DESTROYS Your Case

This is FRAUD.

If you're receiving TTD (temporary total disability), you cannot work.

If caught:

• Your benefits will be terminated immediately
• You'll have to pay back all TTD received
• Your entire case can be dismissed
• You could face criminal charges
• Your credibility is destroyed forever

Insurance companies conduct surveillance looking for exactly this.

Real Example

Frank's Story:

• Claimed total disability from back injury
• Receiving $700/week in TTD
• Was working construction side jobs for cash
• Insurance investigator videotaped him working
• Video showed Frank:
  • Carrying heavy materials
  • Bending and lifting
  • Working 8-hour days
  • Getting paid cash at end of day

Result:

• TTD terminated immediately
• Frank had to pay back $18,000 in TTD received
• Entire workers comp case dismissed
• Criminal fraud charges filed
• Lost everything

How to Avoid This Mistake

✅ DO NOT WORK while receiving TTD - not even cash work

✅ Report all income if you're receiving TPD (partial disability)

✅ Don't do side jobs during your case

✅ Don't help friends with work that violates your restrictions

✅ Wait until case is settled before working again

Bottom line: Working while on TTD is fraud. Don't do it. Ever. The consequences are devastating.

MISTAKE #13: Settling Too Early

The Mistake

You settle your case:

• Before reaching Maximum Medical Improvement
• Before knowing how permanent your injury is
• Before knowing your impairment rating
• Just to get some money quickly

Why This Hurts Your Case

If you settle before reaching MMI:

• You don't know the full extent of your injuries yet
• Your condition might get worse
• You might need surgery later
• Your permanent disability might be higher than expected
• Once you settle, you CAN'T undo it

You leave tens of thousands of dollars on the table.

Real Example

Patricia's Story:

• Hurt her knee at work
• Had initial treatment - felt better
• 3 months after injury, insurance offered $8,000
• Patricia thought "That sounds good!"
• Settled the case and closed medical
• 2 months later, knee got much worse
• Needed surgery
• Had permanent disability

Result: Patricia settled for $8,000. If she'd waited:

• Surgery would have been covered (worth $30,000)
• Her permanent disability rating would have been higher
• Case would have been worth $60,000-$80,000

She left $50,000+ on the table by settling too early.

How to Avoid This Mistake

✅ NEVER settle before reaching MMI (Maximum Medical Improvement)

✅ Wait until you've completed all treatment

✅ Wait until you know your permanent disability

✅ Wait until you have an impairment rating

✅ Talk to a lawyer before accepting any settlement offer

Bottom line: Patience pays. Don't settle early just to get quick money.

MISTAKE #14: Not Hiring a Lawyer

The Mistake

You try to handle your workers comp case yourself because:

• You think it's simple
• You want to avoid attorney fees
• You think you can negotiate with insurance
• Someone told you that you don't need one

Why This Hurts Your Case

Without a lawyer, you don't know:

• How to calculate your average weekly wage properly
• How to challenge low IME impairment ratings
• How to fight apportionment arguments
• What your case is really worth
• How to negotiate effectively
• When to settle vs. go to hearing
• How to present evidence at hearing

Result: You accept lowball offers and leave huge amounts of money on the table.

Real Numbers

Example Case: Back injury with surgery, 25% man as a whole

WITHOUT A LAWYER:

• You don't know case is worth $80,000-$100,000
• Insurance offers $35,000
• Seems like a lot of money
• You accept it
• You net: $35,000

WITH A LAWYER:

• Lawyer calculates fair value: $95,000
• Negotiates to $80,000
• Attorney fee (20%): $16,000
• Costs: $3,000
• You net: $61,000

You get $26,000 MORE with a lawyer even after paying fees.

And in many cases, the difference is $50,000 to $100,000 more.

How to Avoid This Mistake

✅ Call a workers comp lawyer for a free consultation

✅ Get a second opinion on any settlement offer

✅ Hire a lawyer if your case is anything but very minor

✅ Lawyers work on contingency - no upfront cost

✅ The lawyer pays for themselves by increasing your settlement

Bottom line: Not hiring a lawyer is the biggest mistake. It costs you tens of thousands of dollars.

Call 312-500-4500 for a free consultation.

MISTAKE #15: Quitting Your Job

The Mistake

You quit your job because:

• You're frustrated
• Your employer is treating you badly
• You think you'll get benefits anyway
• You're mad about how they're handling your injury

Why This Hurts Your Case

If you quit:

• Insurance will claim you abandoned your job
• You might not get unemployment benefits
• You lose any retaliatory discharge claim (usually)
• It looks bad at hearing
• Harder to prove wage loss

Make them fire you - don't quit.

If you must leave because of intolerable harassment:

• This is called "constructive discharge"
• But it's harder to prove
• Talk to a lawyer BEFORE quitting

How to Avoid This Mistake

✅ Don't quit no matter how frustrated you are

✅ Document harassment if it's happening

✅ Call a lawyer before making any decisions about quitting

✅ Make them fire you if they're going to - don't do it for them

✅ If fired, you may have a retaliatory discharge claim worth $50,000-$500,000+

Bottom line: Don't quit. Ever. Without talking to a lawyer first.

MISTAKE #16: Not Appealing a Bad Decision

The Mistake

You lose at hearing and:

• Accept the decision
• Give up
• Don't appeal
• Think "that's it, I lost"

Why This Hurts Your Case

You have the right to appeal to:

• The Commission (3 commissioners review)
• Circuit Court
• Appellate Court

Many losing decisions are overturned on appeal.

If you don't appeal:

• You lose your right to challenge
• The decision becomes final
• You get nothing

How to Avoid This Mistake

✅ Talk to your lawyer about appealing if you lose

✅ File appeal within deadlines (usually 20 days)

✅ Don't give up after losing at Arbitrator level

✅ Many cases are won on appeal that were lost at hearing

Bottom line: A loss at hearing is not the end. Appeal if your lawyer thinks you have a good chance.

MISTAKE #17: Not Reading Your Settlement Agreement

The Mistake

You reach a settlement and:

• Sign the agreement without reading it carefully
• Don't understand what you're agreeing to
• Don't know if you're keeping medical open or closing it
• Don't know what claims you're settling

Why This Hurts Your Case

If you close medical and later need treatment:

• You can't get it paid for
• You're on your own

If you settle "all claims" and later develop complications:

• Too bad
• Settlement is final

You might be agreeing to things you don't understand.

How to Avoid This Mistake

✅ Read your settlement agreement carefully - every word

✅ Ask your lawyer to explain anything you don't understand

✅ Make sure you know:

• Are you keeping medical open or closing it?
• What claims are you settling?
• Can you reopen the case later?
• What are you giving up?

✅ Don't sign until you understand everything

Bottom line: Read before you sign. Make sure you understand what you're agreeing to.

MISTAKE #18: Spending Your Settlement Unwisely

The Mistake

You get your settlement check and:

• Buy luxury items (new car, big TV, vacation)
• Blow it on unnecessary things
• Don't pay off high-interest debt
• Don't save any of it
• Six months later, money is gone

Why This Hurts Your Future

Your settlement has to last.

If you:

• Can't work anymore
• Have permanent restrictions
• Are earning less money
• Have ongoing medical expenses

That settlement money needs to support you for years.

Once it's gone, you're not getting more.

How to Avoid This Mistake

✅ Pay off high-interest debt first (credit cards, payday loans)

✅ Create an emergency fund (3-6 months expenses)

✅ Invest conservatively (don't gamble with it)

✅ Consider talking to a financial advisor

✅ Don't make big purchases immediately - wait and think

✅ Remember this has to last - maybe for life

Bottom line: Be smart with your settlement money. It has to last.

Final Bottom Line: Learn From Others' Mistakes

Key Takeaways:

✅ Report injuries immediately in writing

✅ Seek medical treatment right away and report all injured body parts

✅ Choose your own doctor - not the company doctor

✅ Keep all medical appointments and follow doctor's orders

✅ Document everything - photos, journals, records

✅ Stay off social media during your case

✅ Assume you're being watched at all times

✅ Don't talk to insurance adjusters without a lawyer

✅ Never sign anything without understanding it

✅ Don't work while receiving TTD - it's fraud

✅ Don't settle too early - wait until MMI

✅ Hire a workers comp lawyer - they pay for themselves

✅ Don't quit your job - make them fire you

✅ Read your settlement agreement carefully

✅ Spend your settlement wisely - it has to last

These mistakes destroy workers comp cases every single day.

Now that you know what NOT to do, you can avoid these costly errors.

Made One of These Mistakes?

Call our Chicago office at 312-500-4500.

Even if you've made mistakes, a good workers comp lawyer can often:

• Minimize the damage
• Rebuild your credibility
• Find ways to work around problems
• Still get you a fair settlement

It's not over until it's over.

The consultation is free. Call 312-500-4500 anytime.