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Michael Helfand

When Your Boss Wants To Hug Or Kiss You. Or Worse

TL/DR – If your boss tries to kiss you, hug or have sex with you, it is against the law and likely a lawsuit. Call us at 312-346-5320 for help anywhere in Illinois. No fee unless you win the case.

When you go to work, it is to make money and hopefully progress in life. Almost everyone I have ever met just wants to do a good job and be rewarded for working hard.

What people do not want is for some creep to make them feel uncomfortable. And they certainly do not want to feel like their job security depends on giving that creep what they want.

If you are being sexually harassed, it can come in a variety of forms. This includes:

  • Lewd comments
  • Unwanted touching
  • Being asked for hugs
  • Unwanted kissing
  • Being coerced into sexual activity
  • Forcible assault

None of this should happen to you. If it does, the first thing you should do, after getting to a safe spot, is report the bad behavior to your employer. In order to have a lawsuit against your employer, they generally have to be aware of the bad behavior and given a chance to correct it.

Generally speaking, you can not sue an employer in Illinois for something a co-worker does if the employer is not aware of it and given a chance to correct the problem. Correction can mean firing that person, suspending them or taking other steps to make sure it does not happen again.

If the employer does not correct the problem or prevent it from happening again, that is when you likely have a lawsuit. Of course, sometimes it is the owner or someone else in charge who is doing the bad deed so there is nobody to report to. Other times the employer is already aware that an employee is doing bad things. In those cases, you can usually sue right away.

In a recent case, an Oak Brook police officer did some pretty gross things. This includes allegedly:

  • Sending love notes and demanding to receive love notes back
  • Repeatedly touching genitalia and other body parts over the clothes
  • Stopping someone from leaving his office
  • Making comments about the personal lives of women in the office and their sexual activity
  • Taking a woman on extended coffee runs and parking the car and groping her
  • Stating that promotions were dependent on having sex with him
  • Retaliating when he learned of complaints
  • Unholstering his gun in an attempt to intimidate

It got worse as apparently another male co-worker joined in and when the problems were reported, nothing was done about it. The case recently settled for $2 million. That is a very large number, but almost does not feel large enough. This type of behavior is simply gross.

What the best Illinois employment lawyers look for in assessing these cases, aside from the notification requirements, is does the case meet the legal standard. That standard includes:

Is the behavior so severe or pervasive as to alter the conditions of employment. In other words, would a reasonable outside person look at this and see that the behavior was wrong and it affected you. Sometimes that is a one time offense and other times it is minor things that are going on all of the time.

Most people would think that your boss saying, “I like your sweater, it looks nice” is not a big deal. But if they said that and added something like, “It would look nicer off of you” that it was inappropriate behavior. That happening once is one time too many, but not in of itself a lawsuit. That happening repeatedly over a period of time and the employer saying something like, “Oh, you know he is kidding, he jokes with everyone” would likely make it a case.

Every case is different. What we promise is that we will listen to you in confidence, give you an honest legal opinion, and if appropriate, refer you to a law firm that has a track record of winning these cases. We love holding bad people accountable. There is never a fee unless the case is successful.

If you would like a free case review with an experienced attorney, call us any time at 312-346-5320. We cover all of Illinois.

When The Police In Illinois Want To Question You

In the last month I have been contacted by multiple people who have received phone calls from detectives asking them to come in for questioning. The most recent involved a case in Chicago where someone is suspected of rape years ago and in Lake County where the Waukegan police want to ask someone about involvement in a burglary.

None of these people have been arrested. Yet. They all had the same question.

What should I do?

The Number One Thing To Do If Chicago Police Or Anyone Else Wants To Question You

If the police in Chicago, Waukegan, Wheaton or wherever want to talk to you, there is one thing every Illinois criminal defense attorney will tell you to do. In the words of the Black Eyed Peas

That is right. Shut up. Do not say anything. Do not talk at all.

Should You Not Talk To The Police If You Are Innocent?

Do not talk to the police if you are innocent either. Do you think that innocent people don’t ever get arrested? Happens all of the time. It shouldn’t, but it does. The police are not looking out for you and can certainly twist your words around. And in extreme cases, they get people to confess to things they have never done. That sounds crazy, but there are many people who have been freed after evidence shows that the police kept them up for a long period of time and then coerced them into confessing something they were innocent of.

Anything you say can and will be use against you. And some crooked cops take that to an extreme. And some honest cops can misinterpret what you are saying.

Beyond that, I have been told stories by “innocent” people who, if they repeated that story to law enforcement, would be arrested. It is usually someone who thinks they are acting in self defense or unknowingly committed a crime like retail theft or trespass.

What Do I Do If The Police Want To Meet?

Doing nothing is not a great idea in most cases. You still need to shut up and not talk to them. You can even shut up and dance.

The best way to protect yourself is to get an attorney to contact the police for you and see what they want. They can answer any questions the police have and accompany you to a meeting if needed.

Anything a lawyer you hire says can not be used against you. And an experienced Illinois criminal defense attorney knows what not to say and how to answer questions. They will protect you.

The person being investigated for possible rape who called me really did not want to spend money on an attorney. The point of getting one now is that it can help prevent you from being arrested at all. It might cost $1,500 up front to get a top lawyer to speak to the police for you. But if you get arrested and prosecuted for a felony, that would cost you ten times that amount. And of course if you get convicted, you are probably going to jail and in the case of this person, they would be labeled a sex offender.

The best thing you can do after keeping your mouth shut it to get someone who knows what they are doing to advocate for you. If you do have information that shows you are innocent, having an attorney present it will put you at no risk and greatly increase your chances of success.

It is certainly scary getting this type of phone call from the cops. If you are not scared, you are not taking it seriously. But the good news is that the right attorney can give you the best chance of the best possible outcome.

If you would like to know who we as lawyers would hire if the police wanted to talk to us, give us a call at 312-346-5320. All calls are confidential. We were learn about your case and give you unbiased advice as to what the next proper steps are.

Winning Trucking Crash Cases Just Got Easier. And More Valuable

Breaking News: The United States Supreme Court just issued a monumental, unanimous decision that completely reshapes how commercial semi-truck accident lawsuits are handled across America.

If you or a loved one has been injured in a collision involving a tractor-trailer, this ruling drastically increases your chances of securing full financial recovery. For the first time, injury victims are legally permitted to bring state-law negligent hiring claims directly against third-party freight brokers if they contract an unsafe trucking company that subsequently causes an accident.

Key Takeaways: The New Freight Broker Liability Rules

  • End of Federal Immunity: Freight brokers can no longer shield themselves behind the Federal Aviation Administration Authorization Act (FAAAA) to escape personal injury claims.
  • Access to Corporate Capital: Suing the broker unlocks massive corporate insurance policies and assets, bypassing the minimal insurance limits carried by independent truck drivers.
  • Higher Settlement Values: Cases previously capped at $1 million due to limited truck insurance can now recover tens of millions of dollars for catastrophic injuries or wrongful death.

The FAAA Safety Exception: Why This Ruling Changes Everything

Historically, if an unsafe commercial truck caused a catastrophic crash, freight brokers like C.H. Robinson, TQL (Total Quality Logistics), and others aggressively argued that federal law exempted them from state-level personal injury lawsuits. They claimed the FAAA completely preempted any local negligence claims.

The Supreme Court’s unanimous decision effectively ends that defense. Under the new interpretation of the Federal Aviation Administration Authorization Act (FAAAA), negligent hiring falls squarely under a state’s safety exception.

This means that if a broker acts recklessly by assigning cargo to a shipping carrier they know—or should know—has a documented history of federal safety violations, hours-of-service infractions, or poorly maintained fleets, the broker shares direct liability for the crash.

Why This Maximizes the Value of Catastrophic Trucking Lawsuits

This landmark ruling is a major win for consumers and commercial truck accident victims for two critical reasons:

1. Bypassing Shady Trucking Companies with Minimal Insurance

Many fly-by-night trucking companies operate on thin margins and carry minimal liability insurance policies—often capped at the federal minimum of $750,000. If an accident results in a traumatic brain injury, spinal cord damage, or wrongful death, that minimum policy cannot cover a fraction of the lifelong medical bills and lost earning capacity.

2. Targeting Multi-Billion-Dollar Defendants

By establishing a direct path to sue the freight broker, your legal team can target massive corporations with vast resources. For example, a dominant freight broker like C.H. Robinson has an estimated corporate valuation of $18 billion. If a jury awards a multi-million-dollar trial judgment or settlement, you are no longer limited by a small driver’s policy—you can collect the full, true value of your damages.

Proving Broker Negligence: What a Successful Lawsuit Requires

While this Supreme Court ruling opens the courthouse doors, winning a freight broker negligence lawsuit is not an automatic slam dunk. To secure a successful verdict or high-tier settlement, your legal team must systematically prove the broker failed in their professional duty.

This complex litigation requires:

  • Immediate Accident Reconstruction: Your attorney must instantly deploy an accident reconstruction specialist to the crash scene to download black box data, preserve logbooks, and map skid marks before the trucking company destroys the evidence.
  • FMCSA Safety Record Audits: Your lawyers must subpoena the broker’s internal vetting data to prove they ignored the carrier’s negative safety rankings in the Federal Motor Carrier Safety Administration (FMCSA) database.
  • Proving Cause: Establishing a direct line showing that the broker’s failure to vet the carrier directly resulted in an unsafe driver operating on public roads.

Vetting the Right Attorney for a Commercial Trucking Claim

Only an elite handful of nationwide trial law firms possess the financial capital and specialized federal litigation experience required to win catastrophic trucking lawsuits against corporate defense networks.

When we evaluate an attorney or firm to handle a complex freight broker claim, we analyze seven rigid metrics:

  1. Jurisdictional Experience: Does the attorney regularly practice in federal courts or the specific state where the crash occurred?
  2. Injury Severity Matching: The trial strategy required for a traumatic brain injury or trucking death is entirely different than a broken bone. Your firm must match the medical depth of your damages.
  3. Liability Flexibility: We connect clients with aggressive firms that have successfully won cases even when the victim was initially ticketed or blamed by police at the scene.
  4. Personalized and Diverse Staffing: We verify if you require a firm with multi-lingual capabilities (such as Spanish-speaking attorneys) or professionals willing to travel directly to your home or hospital room.
  5. Immediate Lead Trial Availability: If a firm’s top partner is trapped in a month-long trial elsewhere, we identify equally elite firms with immediate availability to protect your evidence.
  6. Evidence Preservation Speed: The timeline matters. We assess how quickly a firm can deploy a response team to secure physical evidence before it disappears.
  7. Fair Contingency Fee Structures: Every attorney we recommend works on a strict contingency fee basis (no fee unless you win). We screen out exploitative firms trying to charge 40% to 45% upfront, matching you only with premier firms capped at a standard one-third (33.3%) or less.

Get a Free, Independent Case Review

We treat everyone who reaches out to us like a close friend or family member. We are not a marketing mill; we actively monitor national trial verdicts and court results daily to know exactly which attorneys are winning catastrophic trucking accident lawsuits.

Call us 24/7 in complete confidence at (312) 346-5320 or toll-free at (800) 517-1614 for a free consultation. Or go to our contact us page. We will thoroughly analyze your accident details and point you to the premier trial advocates for your specific situation.

A Jewish Medical Malpractice Lawyer In Chicago

We are experienced lawyers who will help you find the best attorney for your case. Call us at 312-346-5320 for a free case review any time.

I’m Jewish. I am also a lawyer in Illinois. I do not know if I “look” or “sound” Jewish, so when people call me looking for a recommendation for an attorney, maybe they assume they can talk a certain way.

Of the thousands of people I talk to every year, some will ask me if I know any good Jewish attorneys. The question is almost never asked by someone who is actually Jewish. Just last month, someone called me and said they want to hire a Jewish medical malpractice lawyer in Chicago.

Whenever this happens, my immediate response is to say something like, “Why do you care what religion a lawyer is?” Here are some of the responses I have received:

  • I have heard they are better attorneys.
  • They are known for being aggressive.
  • They really like money so they can get me the most for my case.
  • They fight dirty.
  • Jewish people stick together and most of the Judges are Jewish.
  • They are great negotiators.

These responses range from naive all the way to anti-semetic. If someone seems just naive, I am happy to help them. If they are anti-semetic, that is not somebody I want to get involved with.

A lot of people are just ignorant. I grew up in Northbrook which is a pretty Jewish suburb. It was not until I got to college that I met people who had never met a Jewish person before. So while I will blame someone for being a bigot, I do not blame them for being ignorant. It is not your fault if you are a victim of how you were raised and have not been exposed to other people.

That said, I do tell people that their comments are offensive and try to have a calm discussion to explain why. It is important to have this discussion and let people know these are offensive stereotypes. It is no different than any other awful stereotype about any other religion, race or gender.

The reality is that there are amazing Jewish lawyers, so-so Jewish lawyers and terrible ones. The same goes for black, Irish, Christian, Asian, Hispanic or any other group of people. I have seen lawyers go above and beyond to get amazing results and I have seen lawyers who steal from their clients or do not fight for them. Race, religion, gender, etc. is not a predictor of success.

This is way different than saying you want a Russian car accident lawyer because you speak Russian or a female lawyer because you have been sexually assaulted and that would make you more comfortable.

The bottom line is that we will listen to what your case is about and discuss any personal needs that you have. After that we will always recommend an attorney that is the best fit for your situation and gives you a chance at the best possible outcome.

The Definitive Illinois Workers’ Compensation Guide

If you’ve been hurt at work in Illinois, you probably have a lot of questions. This guide answers those questions and more in plain English. Here are 50 things every Illinois worker should know.What are your rights? Will you get paid while you’re out? Do you need a lawyer? If there is something we did not answer or you want a FREE case review, call us any time at 312-346-5320 to be connected to a lawyer right away.

The Basics Of Illinois Workers’ Compensation Law

  1. Illinois requires employers to carry workers’ compensation insurance. If you work in Illinois, your employer is legally required to have workers’ comp coverage. This means you have rights even if your employer acts like you don’t. It is a felony for them not to have insurance.
  2. Workers’ comp covers injuries that happen because of your job. If you were hurt while doing your job, or while doing something related to your job, you are likely covered. This includes injuries in the workplace, on a job site, in a company vehicle, or even off-site if you were working at the time.
  3. You don’t have to prove your employer was negligent. Unlike a personal injury lawsuit, workers’ comp is a “no-fault” system. You don’t need to show that your employer did something wrong, just that you were injured at work.
  4. Workers’ comp covers both accidents and repetitive injuries. A one-time accident (like a fall) and a slow-developing injury (like carpal tunnel from years of repetitive motion) are both covered. If your job contributed to your condition, you have a claim.
  5. Illinois workers’ comp is handled by the Illinois Workers’ Compensation Commission (IWCC). The IWCC is the state agency that oversees all workers’ comp claims, hearings, and disputes in Illinois.

Reporting Your Injury

  1. You must report your injury to your employer. Illinois law requires you to notify your employer of a work injury within 45 days. However, you should report it as soon as possible.
  2. Always report in writing. Even if you tell your supervisor verbally, follow it up in writing with a text, email, or written incident report.
  3. Don’t downplay your injury when you report it. Be honest and thorough when describing what happened and what hurts. If you minimize it at the start and symptoms worsen, the insurance company may argue the injury isn’t work-related. Do not embellish either. Just tell the truth.
  4. Your employer cannot legally fire you for filing a workers’ comp claim. Retaliation for filing a workers’ comp claim is illegal in Illinois. If your employer fires or harasses you after you file, you may have another legal claim against them.
  5. Missing the reporting deadline can end your case. The legal window is 45 days but waiting that long is risky. The sooner you report your injury, the harder it is for an employer or insurer to dispute your claim.

Medical Treatment For Illinois Work Related Injuries

  1. Your employer (or their insurance company) has the right to choose your IME doctor. In Illinois, the employer gets to send you to an Independent Medical Examination physician. You must see their designated doctor, at least initially.
  2. All reasonable and necessary medical treatment must be covered. The insurance company must pay for all medical care related to your work injury. This includes doctor visits, surgery, physical therapy, prescriptions, and medical equipment. You do not need health insurance if it is a job injury. Work comp covers everything and you are covered from day 1 on the job.
  3. You can get a second opinion. Illinois law allows you to seek a second medical opinion, usually at the expense of the insurance company. If the second opinion differs significantly, it can be used to support your claim.
  4. Keep records of every medical appointment. Document every doctor visit, treatment, prescription, and out-of-pocket expense related to your injury. These records are critical to your claim.
  5. Don’t skip or delay treatment. Gaps in medical treatment give insurance companies ammunition to argue you aren’t as injured as you claim. Follow your doctor’s recommendations.

Wage Benefits And Illinois Work Comp

  1. You can receive benefits for time you miss from work. If your injury keeps you from working, you are entitled to Temporary Total Disability (TTD) benefits which is typically two-thirds of your average weekly wage.
  2. TTD benefits are tax-free. Unlike regular wages, Illinois workers’ comp wage benefits are not subject to federal or state income tax.
  3. Your average weekly wage is calculated over the 52 weeks before your injury. This calculation can be complex, especially if your hours varied. An attorney can make sure this number is calculated correctly, and it directly affects how much you receive. Often workers get underpaid because they worked less than 52 weeks and the insurance company does not calculate based on how much work they really did. A good lawyer can fix this.
  4. There are caps on weekly benefits. Illinois sets a maximum weekly benefit amount that is adjusted each year. In some cases, this cap can limit what you receive. Understanding this is important when evaluating if you are being paid correctly.
  5. Partial disability benefits are available if you can work but earn less than before. If you return to work in a lower capacity and earn less than before or part time only, you may qualify for Temporary Partial Disability (TPD) benefits to help make up the difference.

Settlements And Other Payments

  1. You may be entitled to a disability award. If your injury results in a lasting impairment, you may be entitled to Permanent Partial Disability (PPD) or Permanent Total Disability (PTD) benefits.
  2. Illinois uses a “schedule” for certain body part injuries. Illinois law assigns a specific number of weeks of benefits for the loss of (or loss of use of) specific body parts (e.g., a hand, a finger, an eye, a leg). These are called “scheduled injuries.”
  3. The bigger your injury, the more likely it is worth. But it ultimately comes down to your recovery, how much you earn, your age and what defenses there are to your claim.
  4. If you have permanent restrictions that greatly affects your case value. In the least it will make your case worth more. If you can not work your old job anymore and have to take a lesser paying job, you can get paid 2/3 the difference until you are 65. This is called a wage differential.
  5. Permanent Total Disability (PTD) is available for the most severe injuries. If you are completely unable to return to any type of work because of your injury, you may be entitled to lifelong PTD benefits.

The Illinois Work Comp Claims Process

  1. Filing a claim with the IWCC protects your rights. Formally filing an Application for Adjustment of Claim with the IWCC puts your case on record and protects your legal deadlines.
  2. There is a time limit for filing. Generally, you have 3 years from your injury (or 2 years from your last benefit payment, whichever is later) to file a claim. Miss this deadline and you may lose your rights entirely.
  3. Most cases settle without a trial. The majority of Illinois workers’ comp cases are resolved through negotiated settlements, and having an attorney dramatically improves the settlement you can negotiate as well as the speed of getting there.
  4. If there’s a dispute, an arbitrator hears your case. If your claim is contested, an IWCC arbitrator will hear the evidence and issue a decision. This is less formal than a court trial but still a legal proceeding with a court reporter.
  5. An aggressive lawyer is needed to get you a hearing on a disputed case. Before you can go to trial, typically there needs to be a deposition of your doctor and the IME doctor. Lazy lawyers can cause cases to take many months more than they should.

Insurance Company Tactics

  1. The insurance company is not on your side. The workers’ comp insurance company works for your employer, not for you. Their goal is to pay out as little as possible on your claim. Never assume they have your best interests at heart.
  2. They may ask you to give a recorded statement. Insurance adjusters often ask injured workers to give a recorded statement early in the process. You are not required to do this, and doing so can seriously damage your claim. No Illinois work comp lawyer we know would let a client do this.
  3. They may send an investigator to watch you. Insurance companies sometimes hire private investigators to photograph or video injured workers. Be honest about your limitations. Exaggerating your injury is fraud, but the insurer denying a real injury is also fraud.
  4. A quick settlement offer is often a low-ball offer. If the insurance company offers you a fast settlement right after your injury, it’s usually well below what your case is actually worth. They want to close the case and end your medical care before you should. It is in their best interests, not yours.
  5. Insurance companies will try to get all of your medical records. They will likely send you a broad medical authorization form. You do not have to sign that. They only have a right to records that relate to your injury.

Why You Need An Attorney

  1. Workers’ comp law in Illinois is complicated and the stakes are high. Illinois workers’ comp involves specific deadlines, legal standards, and procedural rules. A single mistake can cost you tens or hundreds of thousands of dollars or your entire claim.
  2. Attorneys level the playing field. Your employer has an experienced insurance company and defense attorneys working to minimize your claim. Having your own attorney ensures someone is fighting in your corner with equal expertise.
  3. An attorney can maximize your settlement. Studies consistently show that injured workers represented by attorneys receive significantly higher settlements than those who go it alone. An attorney knows what your case is truly worth.
  4. Workers’ comp attorneys in Illinois work on a contingency fee basis. You pay nothing upfront. Your attorney only gets paid if you win or settle your case. That fee is capped at 20% of what they recover and usually only applies to a settlement or trial result.
  5. There is no financial risk to hiring an attorney. Because workers’ comp lawyers work on contingency, you have nothing to lose by getting legal representation. If your attorney doesn’t recover money for you, you owe them nothing.
  6. An attorney handles the paperwork and deadlines for you. Missing a filing deadline or submitting incorrect forms can derail your claim. Your attorney manages all of this so you can focus on recovering.
  7. Attorneys can connect you with the right medical experts. Experienced workers’ comp attorneys often work with doctors who understand how to properly evaluate and document work injuries in ways that hold up in legal proceedings.
  8. If your claim is denied or delayed, an attorney is essential. A denial is not the end of the road but fighting it without legal representation is very difficult. An attorney knows how to challenge a denial and build a winning case. They will also file a 19(b) petition to get your case as heard as soon as possible.
  9. Your attorney can spot third-party claims you might miss. Sometimes a work injury involves a third party like a negligent driver, a defective piece of equipment, or a property owner. Your attorney can identify these additional claims, which can result in significantly more compensation. Sometimes those cases are worth millions.

General Info To Know

  1. Pre-existing conditions don’t disqualify you. If your job aggravated, accelerated, or combined with a pre-existing condition to cause your current disability, you still have a valid workers’ comp claim in Illinois.
  2. Repetitive trauma injuries are covered. Conditions like tendinitis, carpal tunnel syndrome, hearing loss, and back problems that develop over time due to the nature of your work are covered in Illinois.
  3. Mental health conditions can be covered. Illinois workers’ comp can cover psychological conditions (such as PTSD or severe anxiety) that develop as a direct result of a traumatic work incident. Unless there was also a physical incident involved, the mental injury must come from a one time, severe and shocking event like being robbed at gun point, seeing someone get killed, etc.
  4. Death benefits are available for families of workers killed on the job. If a worker dies from a work-related injury or illness, their surviving spouse and dependents are entitled to death benefits and burial expense reimbursement under Illinois law. Weekly benefits are similar to someone who is permanently disabled and can last for 25 years.
  5. Independent contractors may still have work comp rights. Just because your employer calls you an independent contractor doesn’t necessarily mean you are one under the law. Misclassification is common — an attorney can help determine if you’re actually entitled to workers’ comp benefits in Illinois.
  6. Settling your case is permanent, so get it right. Once you sign a settlement agreement in Illinois and it is approved, it is typically final. You generally cannot go back and ask for more money later. This is why having experienced legal representation before you settle is so important.

Consult With an Illinois Workers’ Comp Attorney

If you’ve been injured at work, contact us at 312-346-5320 to get a referral to an experienced Illinois workers’ compensation attorney. We cover all of Illinois and will only recommend attorneys who we would also suggest to family members or friends.

Illinois Work Comp – Can I Sue The Insurance Company?

We provide free legal guidance and attorney referrals on Illinois workers’ compensation claims. We are lawyers who will give you the same guidance we would give to a friend who reached out for us to help.

Usually when someone calls me on a case where they already have an attorney, it is because the lawyer is not doing a good job for them. We will go over what has been done, what should be done and if it makes sense to stick with them or not.

I got that type of call recently and thought the lawyer was going to be a bad one because the first thing the injured worker said to me was:

Can I sue the insurance company?

That is the type of thing a good Illinois workers’ compensation attorney would go over with their client, so I thought it was another scenario where they had a bad one. Fortunately that was not the case.

The reason this worker wanted to sue the insurance company is because his benefits have been delayed. In his mind, there is no reason for the delay and the insurance company is just playing games. Sadly, that happens all of the time. It has been more than four months since he has received a TTD check and the surgery he needs has not been approved. You can get why he is angry.

The bad news is that you can not sue an insurance company in an Illinois workers’ compensation case. Bad faith laws do not apply there. That is because these cases are not lawsuits, but rather administrative claims for benefits. All disputes have to be resolved through the Illinois Workers’ Compensation Commission.

The good news is that if your work comp benefits are unreasonably denied, you can file for what is called “penalties and fees” at the Illinois Workers’ Compensation Commission. These penalties can be significant, including up to 50% for what medical care they are not providing and $10,000 for delayed TTD benefits. They also can get hit for your attorney fees over this.

In other words, you can not sue, but you can still penalize them and get compensation from them if they are acting in an unreasonable way. That means they have no basis for not paying your benefits.

Back to the lawyer. We searched and they had done everything correctly. They filed a petition for immediate hearing when the benefits were cut off. That forces the insurance company to respond as to why benefits are being denied. When they can not give a good reason, that is when the penalties and fees motion comes into play.

In fact, his lawyer had filed that motion. Normally a case like this would have gone to hearing by now. To do that, you usually need to take the deposition of your doctor before that happens. You would also need to take a deposition of the insurance company doctor if they sent you to one.

Unfortunately for this worker, his doctor only takes one deposition a week and the waiting time to get on the schedule can be six months. So his lawyer’s hands are tied. The deposition is scheduled so I told him that there would be no benefit in getting a new firm.

Illinois work comp laws generally favor the worker. Insurance companies can make the process difficult and that can be frustrating. The good news is that there are remedies to solve that frustration. Your job is to get a good attorney for your case or get a new one if they are not doing their job.

If you would like our help in finding a great Illinois workers’ compensation lawyer, please contact us any time for free at 312-346-5320.

When To Hire An Illinois Workers’ Compensation Attorney

We love doing live chats with people. You can do one now, and you will chat with an actual Illinois attorney. Or call us for a free consultation at 312-346-5320 for help anywhere in Illinois.

If you are injured on the job in Illinois, your immediate focus should be on physical healing. However, the complex legal realities of the insurance system often force workers to ask a difficult question: When is the right time to hire a workers’ compensation attorney, or do I even need one at all?

Minor, single-visit workplace injuries might not require formal legal representation, but serious injuries demand an experienced advocate to protect your long-term health and financial stability.

6 Signs It’s Time to Hire an Illinois Work Injury Lawyer

If your claim involves any of the following scenarios, you should secure legal representation immediately to avoid losing your statutory benefits:

  • Serious or Long-Term Injuries: Your injury requires surgery, a concussion evaluation, an MRI, or months of extensive physical therapy.
  • The Insurance Company Asks for a Recorded Statement: This is a clear indicator that the adjuster is actively fishing for reasons to deny your claim.
  • A Nurse Case Manager is Assigned to Your File: These nurses are paid by the insurance carrier—not you—and frequently attempt to interfere with your doctor’s prescribed treatment plan.
  • Employer Hostility or Payment Delays: Your company delays processing your tax-free weekly wage checks or pressures you to ignore your physician’s restrictions and return to light-duty work prematurely.
  • Steering Medical Care: The insurance adjuster attempts to restrict your choice of physician or forces you to see a doctor of their choosing.
  • You’re Facing an Independent Medical Examination (IME): The insurance company exercises its right to send you to a hand-picked doctor to write an adverse report cutting off your medical care.

The Hidden Dangers of Handling an Illinois Claim Alone

Many injured workers assume they can manage their claims independently if the insurance adjuster seems pleasant. However, operating without a formal case on file opens you up to critical vulnerabilities:

1. Zero Protection From Medical Collection Agencies

If an insurance company delays or refuses to pay your hospital bills, those providers will eventually send your account to debt collectors, damaging your credit score. Under Illinois law, hospitals and clinics are legally forbidden from sending you to collections if you have a formal application for adjustment of claim officially on file with the Illinois Workers’ Compensation Commission (IWCC).

2. No Immediate Access to an IWCC Arbitrator

If your treatment is suddenly cut off or your checks stop, you cannot simply call a judge. Without an active docket number on file, it can take months to clear the administrative hurdles necessary to get your emergency medical dispute heard before an IWCC Arbitrator. Filing early guarantees immediate courtroom access if the insurance company turns hostile.

3. Critical Strategy Mistakes That Destroy Case Value

In workers’ compensation law, what you don’t know can severely hurt your financial recovery. Simple, unguided actions—such as quitting your job out of frustration, failing to mention a secondary symptom (like a concussion) during an initial ER visit, or falling victim to insurance company video surveillance—can strip your case of its ultimate settlement value.

Why Hiring a Work Injury Attorney Early Costs Exactly the Same

A common misconception among injured workers is that waiting to hire a lawyer saves them money. In Illinois, this is mathematically false.

Hiring on Day 1:  [  20% of Final Settlement  ] -> Full Security Blanket & Admin Management
Hiring on Day 300: [  20% of Final Settlement  ] -> You Did All The Stressful Early Work Alone

Attorney fees for Illinois workers’ compensation claims are strictly capped by state statute at 20% of the final lump-sum settlement or award. Whether you bring an elite lawyer onto your case on day one or day three hundred, the percentage remains identical.

By retaining counsel early, you gain an immediate legal security blanket. Your attorney manages all adjuster phone calls, blocks illegal contact from nurse case managers, secures immediate mileage reimbursement checks, and ultimately negotiates a much larger lump-sum recovery than an unrepresented individual could ever achieve alone.

Get a Free, Independent Legal Evaluation Today

Since 2001, we have helped over half a million injured workers navigate the complexities of Illinois employment and insurance law. We are not a corporate marketing mill. Our consultation is completely free, 100% confidential, and carries zero commitment.

Call us 24/7 at (312) 346-5320 or initiate an anonymous live chat right on our homepage to ask your questions to a licensed attorney. We can recommend an experienced work injury attorney who has a track record of success.

Honest, Free Advice From A Chicago Lawyer

Illinois lawyers in general are not taught a ton about running a business. As a result I know a lot of very good attorneys who are terrible at running a law firm.

Knowing how to run a business isn’t a requirement for opening a law firm. So many attorney just wing it and go with what they know. One of the common statements about running a business is, “The customer is always right.” It may be controversial, but that’s a terrible way to run a law firm.

The reality is that the customer is often wrong. If a lawyer isn’t willing to tell you that you are wrong and why, they are doing you a disservice.

For example, we will get a call from people telling me that they want a medical malpractice lawyer and then tell us facts that make clear there’s no case. Maybe the time limit for suing has passed or what happened to them is a known risk or they haven’t suffered any physical harm, but want to sue because something bad could have happened.

We take the approach that a lawyer should be very direct and honest. That includes telling people that don’t have a case that they don’t and why we think that. That doesn’t stop anyone from seeking a second opinion, but at least they’ve gotten the truth.

Some people love and appreciate directness. A lot of people just want to know if they have a case and can accept the truth even if it seems unfair. Other people don’t appreciate it. I get that, but to us being direct is the only way to be.

The alternative is to lie to the customer. A lot of lawyers will tell you that you have a great case, but they are too busy to take it on. Or they will come up with some other excuse that gives you false hope. To me that is much worse than being direct even if it upsets someone to be told that there’s nothing that can be done.

You come to an attorney because they have knowledge and expertise about the law. We try to be as nice as we can be, but if we don’t use our knowledge, honestly, it’s bad for you. So we encourage people to accept that they could be wrong when they think that they have a case.

Final thought. We make money if you have a great case. We want you to have a great case. If there’s any way we can help you be in the right legally, we will do whatever we can to make that happen. And fortunately many people do have good cases and we’ve been able to help tens of thousands of them.

Illinois CILA Injury and Abuse Lawsuits

In Illinois, a lot of adults with developmental, intellectual, or physical disabilities live in places called Community Integrated Living Arrangements, or CILAs. CILAs are small group homes or apartments in the community where residents get support from staff instead of living in institutions or large facilities. The whole idea behind a CILA is independence — giving people a chance to live more freely but still getting help with things like meals, medication, transportation, or personal care.

When CILAs work the way they should, they can be wonderful. Residents can form friendships, build life skills, and enjoy a higher level of dignity and inclusion. But unfortunately, not every CILA lives up to that ideal. Some residents experience abuse and neglect.

What Does Abuse and Neglect in a CILA Look Like?

Abuse in a CILA can take different forms. Sometimes it’s obvious, like physical harm. Other times, it’s harder to see, like emotional cruelty, neglect, or even financial exploitation. Here are just a few examples of what that might look like:

• Physical abuse: The staff slaps, hits, pushes, or uses inappropriate force on residents.
• Emotional or verbal abuse: The staff insults, yells at, threatens, or degrades residents.
• Sexual abuse: The staff takes advantage of a resident who can’t consent or makes unwanted sexual advances.
• Neglect: The staff does not do their job. They don’t provide meals or medications, or they don’t help the residents with their medical or hygiene needs.
• Financial harm: The staff steals money, pressures resident to sign documents, or misuses their benefits.

Some residents may not be able to communicate about the abuse clearly, or they might be scared to speak up. This means that family members and friends need to be on the lookout for this.

Signs That Something Might Be Wrong

If you have a loved one in a CILA, trust your gut. You may be the first person to notice when something isn’t right. Keep an eye out for:

• Unexplained bruises, cuts, or broken bones, especially if there’s no logical explanation for them.
• Sudden behavior changes, like fear, anxiety, withdrawal, or aggressive actions.
• Poor hygiene or dirty living conditions.
• Noticeable weight loss or constant hunger.
• Missing funds or personal items of value.
• Discomfort around certain staff members.

Taking Legal Action Against Negligent CILAs

Abuse or neglect in a CILA isn’t just morally wrong — it’s against the law. Families have the right to sue a CILA if their staff are abusive and/or neglect their loved one. Experienced attorneys who handle these types of cases know how to investigate what happened, collect evidence, and demand justice for victims.

There have been big legal victories for families in Illinois. For example, one case resulted in a $1.6 million award for the family of a woman who died after multiple falls in her group home. Another brought a $2 million judgment for the death of a resident who choked due to a lack of supervision. These cases send a clear message: CILA providers who fail to protect their residents will be held responsible.

If you think that a loved one has been abused or neglected in a CILA, the sooner you act, the better. Talking with an experienced attorney can help protect your loved one and may prevent others from being hurt in the future. Contact us today so we can connect you with a trusted law firm that will fight for your family member. Contact us at 312-346-5320 for help everywhere in Illinois.

Big Reason For A Rise In Medical Malpractice Lawsuits

A good friend of mine is an emergency room doctor. About ten years ago he told me that his employment situation was going to change. That is because his medical practice group was being bought out by a private equity company.

This was a surprise to me. I just assumed that he was an employee of the hospital that he worked at. It turns out that he and the other ER doctors had a private contract to provide services to the hospital. So they could be bought. After the purchase they all had to continue working for an hourly wage for a certain period of time.

Since then, private equity groups have been not just buying up medical practice groups, but entire hospitals as well. In fact around 500 hospitals are now owned by private equity groups. That is around 1 in 10 of private hospitals in the United States.

When this happens, these facilities are focused on profit for their shareholders above all else. That makes going to one of these facilities more dangerous for their patients in my opinion. There was an article last year about this issue. Here are some horror stories mentioned:

  • A 39-year-old woman died after giving birth because a vendor had repossessed equipment needed to stop her internal bleeding.
  • Patients died in hallways.
  • Patients died waiting in line for service.
  • Board meetings centered on profits and cost cutting with little to no discussion on patient experience or quality of care.
  • Multiple hospitals closed, greatly limiting health care options in poor and rural communities.

These types of stories are common and probably going to get worse. I am a big believer in universal health care as it is cheaper for consumers, even with tax increases. It also provides a greater opportunity for better health outcomes. Unfortunately that will not happen any time soon.

Sadly, while many of these ventures have been very profitable, it does not appear that the hundreds of millions are going to improve facilities and patient care, but instead to reward shareholders.

As a potential patient, I highly recommend that you determine who actually owns the hospital you are going to and what costs have been cut that can hurt outcomes. The same goes for stand alone urgent cares. Many of those are owned by groups whose primary goal is to make money and not save lives.

And if you have been injured in any medical facility and want a free case review, please call us at 312-346-5320 to speak with an attorney.

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