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Michael Helfand

Illinois workers compensation when you don’t want a surgery

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A caller to our office injured his arm and was diagnosed with a torn rotator cuff.   The good news for him was that he found an attorney that was able to secure benefits for him.

The bad news is that his orthopedic doctor wants to do surgery and he’s not so sure that he wants to go through it.  Suddenly his lawyer isn’t giving the best customer service and he isn’t answering his question as to whether or not he has to have the surgery.

The answer is that under the Illinois Workers’ Compensation Act, you can not be forced to have a surgery.  If you decline to do so, it should not effect your right to benefits in any way at all.

On the flip side, you can’t refuse medical care that isn’t invasive.  For example, if you refuse to do physical therapy, that isn’t a reasonable act on your part and it could result in your benefits being suspended or terminated.

But something like shoulder surgery can’t be forced upon you.  In this case, if the caller declines the surgery then his doctor will have to decide if alternative treatment is available or if that is as good as he’s going to get.

When you can’t get any better, that’s called being at maximum medical improvement or MMI.  If that happens, most likely the doctor would discharge him with permanent restrictions.  If the employer can accommodate them, then the workers will return on a light duty basis.  If they can’t then vocational rehabilitation will take place.  This involves a job counselor helping you look for new work that you can physically perform.

If the new job doesn’t pay as much as the old one does then you’d get paid 2/3 of the difference, tax free until you turn at least 67.  If it does then you can still get a settlement.

So there’s a lot to think of both medically and legally before you have surgery.  It’s a shame for this caller that he hired someone who isn’t delivering good service or information.  Because when you are hurt on the job, that alone can be a big stressor.  You don’t need a lazy lawyer making it worse.

 

Estate planning for elderly parents in Illinois who can’t travel

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You can’t control everything in life, but when it comes to facing the inevitable, some preparation can give you a sense of control. At the very least, it can ease some of the stress that comes with caring for aging parents. Here are some common legal documents you may have heard about…

 Power of attorney. This gives you (or whomever your parent chooses) the authority to handle your parent’s financial affairs. A power of attorney can go into effect the moment it’s signed, or it can be put on hold and go into effect when a person is “incapacitated,” which means they’re no longer mentally or physically competent. If you choose the latter, you may need to have a doctor to certify that your parent is incapacitated before you can have control over their finances. Powers of attorney are only valid during life, but they are useful if you find yourself having to pay bills, manage investments or even make calls requesting information from a bank, for example.

 Power of attorney for healthcare. This is also known as a medical power of attorney. It authorizes a specific person to make health care decisions for your parent when they no longer can. Without it, the “next of kin” would likely be called upon to make those decisions, but your parent might not want that. This gives them the ability to choose exactly who will make medical decisions for them. If you have siblings, it’s not always easy to make a decision as a group. It depends on the dynamic of the family. In some cases, it’s simpler to have one person hold this power.

 Living will. This is a very specific document that is pretty much limited to stating your wishes about life-sustaining measures – resuscitation, feeding tubes, breathing tubes, etc. If your parent doesn’t want these things, he or she can sign this simple document that tells doctors what to do, or not to do, when it comes to prolonging their life. In general, a hospital is probably going to take these measures unless your parent specifically tells them not to.

Some other things to consider are a medical release of information form and adding your name on bank accounts. The release would allow you to talk to the doctor about your parent’s medical care. And if you are an authorized co-signor on your parents’ financial accounts, you can pay their bills and for them while they’re in the hospital, for example. Most of these suggestions take a certain level of trust and comfort. Your parents may or may not be willing to have you in control – or potential control – of their money during their lifetime.

 Your parents’ attorney will likely suggest additional documents, certainly a will and perhaps a trust. Every situation is different. The most important thing is to simply start the conversation.

Written by Michael Helfand

When an attorney answers their own phone

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When I started this service in 2001, any time the phone rang I would have my secretary answer it.  We get a high volume of calls every day, so usually I’d be sitting at my desk, just waiting for the call to be transferred.  I did this for no other reason than it was my belief that people expected that they’d have to talk to a secretary first.

I quickly realized that this was a dumb policy.  We try to be as direct and plain English as we can be and break down any stereotypes that people may have about working with an attorney.  So now when you call us for legal advice or an attorney referral, you will immediately speak with a lawyer unless everyone that is in the office is on with another client.   Even then, you’ll almost always get a call back within five minutes.

I’m glad we do things this way because it makes us more efficient as well as more customer service focused.  It’s also how I want to be treated as a consumer.  I used to love calling Southwest Airlines when there phone had no menu options, but instead had an agent pick up usually after 1-3 rings.  That’s what happens with us.

I’m writing about this because twice in the last month we’ve had someone call that didn’t believe the person who answered was actually a lawyer.  “No attorney would answer their own phone” is what one of them said, assuming that we were running some sort of scam.

We can’t help everyone and don’t promise to.  But we do guarantee that we’ll treat you like a family member or friend.  Part of that involves being direct and honest, even when it’s not what you want to hear.  The other part involves giving good service.  We don’t think that we are too good to answer our own phones when we can.

No matter what business you are dealing with, you should expect great customer service.  There are too many wonderful companies that are out there to deal with the ones that don’t care how they treat you.

The silver lining to this, for me at least, is that when some people find out that they are talking to a lawyer right away it makes them feel more comfortable and lets them realize that we are what we say we are.

Written by Michael Helfand

The harshest Illinois law that nobody knows about

 

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Imagine that you are driving down the road, obeying the speed limit, staying in the right lane because traffic is slower there and generally being as safe as you can be.  Then imagine that you get pulled over for driving in that right lane and finding out that you can lose your Illinois driver’s license and be fined up to $10,000.

Well, that’s what happens to people every day who get pulled over for a Scott’s Law violation.

This well intentioned law was created to protect emergency responders pulled over on the side of the road.  Years ago an officer was killed while doing his job.  So the law states that if you see a police car, ambulance or any other emergency vehicle on the shoulder of the road, you have to slow down and/or move to the neighboring lane.

It’s a great law in theory, but the way it really works is shady and kind of a money grab.  The police will typically pull over to the side of the road with their lights not flashing.  A couple hundred yards ahead will sit another cop car on the side of the road.  The first car will radio to the 2nd as to who didn’t get over, even though no danger was created.  The 2nd car will ticket people all day and most of them will be stunned, especially when they find out about the possible punishment even with their clean driving record.

The most common comment that I hear is that “I didn’t even know that this law existed.”  Regrettably that’s not a basis for getting out of the ticket.

The punishment can be really harsh.  Certainly it’s justified if you cause an accident or even if you see an officer pulled over with their lights on while stopping another vehicle.  But when a car is just sitting there, it reeks of entrapment.

If this does happen to you, it’s imperative that you get a lawyer to defend you.  You simply have too much at stake to go at it alone (as compared to a minor speeding ticket that you can usually handle yourself).

If you need help with a Scott’s law ticket or have any questions, please contact us at any time.

Written by Michael Helfand

Illinois workers’ compensation – when you are getting screwed over

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A reader sent us the following question:

Not getting my workers compensation like I should, they owe me a lot of money still and I am getting tired of waiting for them to pay me.  I get paid every once in awhile but nothing like I should.  Wonder if I should sue because of all the issues I have had so far, fell at work, slip in a oily area that we have been complaining about for over a year, nothing really ever seemed to get done about it, my l5-s1 disk is pushing up against my sciatic nerve, have surgery august 12th so I am going to be off work for a long time.  Doctor orders are for me not to work right now.  I have been working off and on when doctors allowed me to.  Information on how to get them to get them off their butts and get me the back pay of workman’s compensation that they owe me.  I need money bad because of this accident that happened at work, wondering if I can make them pay interest since it is taking them so long and I might have to pay some interest on my credit  card because of them.  Any info would be good.

The bad news is that he’s getting jerked around.  The worse news is that you aren’t allowed to sue the insurance company when they are acting in bad faith like this.  It’s barred under the Illinois Workers’ Compensation Act.

The good news is that his problem is easily solvable.  He needs to hire a lawyer and they can file a 19(b) petition for immediate hearing that will get an official ruling that payment is required.  The better news is that he can file for what is called penalties and fees which will punish the insurance company for their bad behavior.  It’s not a lawsuit, but it is part of the system in Illinois.  For every day they were late, they can get fined.  For every medical bill that wasn’t paid, a 50% penalty can be applied.  All of this goes directly in to the pocket of the injured worker.

The problem is that this guy doesn’t want to be involved with attorneys.  He just wants to get healthy and get back to work.  But unfortunately insurance companies take advantage of guys like this.

So he can either get legal help, solve his problem and focus on his health or continue to be stressed and have to deal with the nonsense.  And while it’s not taught in school, the reality is that a big part of being an attorney is dealing with nonsense.  We do it every day and we know how to stop it.

It’s kind of pathetic because it would be nice if everyone would just do the right thing.  But that’s not how an insurance company makes money.  Every day they don’t pay him is more money in their pocket.  So if you want to know what to do when you are being messed with, the simple answer is that you have to look out for yourself, even if you don’t want to.

Written by Michael Helfand

Five things to think of if you are suing for an unpaid life insurance policy

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Every week we offer five tips on various areas of Illinois law.  Insurance companies will often wrongly deny payment for a life insurance policy because for the most part they have nothing to lose.  This requires you to get an attorney.  Here are five things that you should know if you are in that situation.

  1. You need a copy of the life insurance policy for a lawyer to bring a case.  Just knowing that a policy is out there isn’t enough, although if you can’t find it the attorney should be able to help you still.
  2. There are time limits to sue which vary, but can be rather short.  So the point is that you shouldn’t delay because if a suit isn’t filed in time your rights could be barred forever.
  3. Unlike some areas of law, most of the attorneys we know will consider taking these cases on a contingency basis which means that you don’t pay them any money up front and they get nothing unless they make a recovery for you.  So don’t fail to pursue a claim because you don’t think you can afford it.  You can.
  4. A will or trust is typically irrelevant in these cases.  The life insurance policy typically names a beneficiary.  That is the person that has a right to make a claim.  It’s when no beneficiary is named or they are no longer alive that a will or trust comes in to play.
  5. The biggest lie told by the insurance company to get out of paying is that the policy premiums weren’t paid up or that they cancelled the policy.  That’s quite often a lie or fraud, so don’t take their word for it.  They certainly aren’t looking out for you.

 If you have any questions or need our recommendation of an attorney in Illinois that has experience with these cases please let us know.

Written by Michael Helfand

See also: Collecting a life insurance policy in Illinois

Your kid got hurt at summer camp? Here is the one thing to look for

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Some of my best memories as a kid are going to summer camp in Northbrook and later on in Glenview.  No school, no homework, lots of dodge ball and floor hockey.  Lots of swimming.  Trips to Great America and the Indiana Dunes.  Life didn’t seem like it could get much better than that.

While a lot has changed for kids today, summer camp is still a big draw no matter where you live.  It’s great for parents because it gets the kids out of the house and it’s great for the kids because it gives them something to do.  Win-win for everyone, right?

Usually that’s the case, but not always.  When I was a kid at overnight camp, I got a terrible case of pneumonia and was ignored by the camp staff until my temperature hit 105 degrees.   I was then rushed to the hospital and told I was close to dying.  Other kids broke their legs playing basketball, soccer and other sports.  One kid got hit in the face with a golf club.  Another went water skiing for the first time and crashed in to a dock, breaking his ribs.

I imagine that camps today are somewhat more risk adverse than when I was a kid 30 years ago.  But accidents do still happen.  The most common question I get from a parent whose child is hurt at camp is “Do I have a case?”  The answer depends on one big thing.

The answer is can you prove that the camp was negligent?  The kid at my camp that got hit with a golf club was goofing off when he got hit.  The kid hurt on the water skis told everyone that he had done it many times before.  The boys that broke their legs were just playing a game and stuff happens in a game.

It’s no different than if you are in a car accident or hurt in a store.  Just because you get hurt on someone’s property does not mean that they are responsible and have to pay for your medical bills and pain and suffering.  You have to show somehow that they were at fault.

So if you are taken to the Indiana Dunes and the camp puts you on an ATV that crashes, you might have a case.  If the counselor is supposed to be watching kids swim, but walks away from his post to flirt with girls, if your child drowns that would be the makings of a lawsuit.  If a child slips on a wet floor from a roof that has been leaking for months, it could be a claim.

But no matter what the injury is, you need to prove negligence. My advice to anyone who wants to know if they have a claim is to call us and we’ll give a no cost, confidential consultation.  If we think you don’t have a case, we’ll tell you why.  If you do have one, we’ll recommend a personal injury lawyer that is independent of our office, experienced and is the right fit for you.

Written by Michael Helfand

How can I be arrested if I didn’t do anything?

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Not a week goes by where we don’t get a phone call that goes something like this:

I broke up with my girlfriend a week ago.  She wasn’t happy about that, but I really sent her over the edge when she saw me with a new girl at a bar in Chicago.  She screamed at me there, called the other girl a whore and threw a drink on me.  I did nothing, but smile and walk away.   I was going to get a restraining order against her, but before I could do that, the cops knocked on my door and arrested me.  She told them that I punched her multiple times.  That’s a complete lie.  How can I get hauled off to jail when this never happened?  Do I even need an attorney since I’m 100% innocent and she’s nuts.  I’d never hit a woman.

So how did this happen?

All it takes for the police to arrest someone is to have another person file a complaint alleging a crime.  While it would be nice and helpful if they investigated to determine if anything actually happened, they aren’t obligated to.  Unfortunately, this type of bogus arrest happens all of the time.

This guy does need a Chicago criminal defense lawyer.  If his ex shows up at court and will lie under oath, he could find himself convicted and doing jail time.  That seems ridiculous, but innocent people go to jail every day in America.

The hope is to get the charges dropped and then get her arrested for filing a false police report.  When faced with a crazy person, you really have to push back a bit.

It’s not just crazy ex’s that do this type of stuff.  Employers will report employees for theft without any proof.  Neighbors will go after neighbors they don’t like.

The good news is that an experienced attorney can almost always make these charges go away.  The bad news is that it does cost you money to deal with and of course it’s a headache.  But never assume that just because you are innocent that nothing will happen.  It’s a crime to lie on the witness stand under oath, but it’s also a crime to make a false police report.  If it happens once, then they’ll do it again.

Written by Michael Helfand

Hurt in a bicycle accident? Here’s what you should do.

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One of the best things the City of Chicago has done is to add bike lanes throughout the city.  On Dearborn St.where our office is located there are scores of bikers there every single day heading in each direction. 

 Unfortunately, with thousands of people biking to and from work and to other places, we’ve seen a big increase in accidents.  Here are five things you should do, if possible, if you are struck by a car while on your bike.

  1. Whip out your phone and take pictures of the scene.  You want to do this from every angle possible.  It may seem counter-intuitive, but the whole point is to gather evidence.  If you can’t do it because you are hurt, have a friend come back or hire a law firm and they will do it for you.
  2. Get information from the driver and witnesses.  Name, phone number, insurance info.  Same for witnesses.
  3. Call 911, but don’t talk to anyone other than the police.  You need them to create an accident report in order to protect yourself.  Don’t let the driver or anyone else talk you out of that.  And under no circumstance is it a good idea to discuss the case with the insurance company for the driver.  Their sole purpose is to try and create a defense so they don’t have to pay you.
  4. Go to the emergency room if you are hurt.  Of course this is really #1 as there’s nothing more important than your health.  If you don’t start to feel pain until the next day or two, then go to the doctor then. The longer you wait, the harder it is to prove any injuries are related to the accident itself.
  5. Get an estimate for your property damage.  Take your bike to a shop that is reputable.  In most cases, three estimates is appropriate.  Don’t fix the bike right away without speaking to an attorney because you may have to keep it as evidence.  If you get rid of the bike you could damage your case.  Same goes for ripped clothes, broken helmets or anything else when you have a severe accident.

 Hopefully you never need these tips or an attorney, but if you do or if you just have questions, we’ll always talk with you for free and in confidence.

Written by Michael Helfand

Illinois workers’ compensation statute of limitations law

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Illinois law says that you have three years from the date of your injury to file a claim for workers’ compensation. Even if you have a perfectly good claim, blowing the deadline can mean that you are forever barred from bringing that claim.

Filing a claim means that you fill out an Application for Adjustment of Claim and submit it to the Illinois Workers’ Compensation Commission. An Illinois workers’ compensation attorney can handle this for you, but your employer will not. It’s the injured worker’s responsibility to file a claim.

In some cases, you might start receiving benefits without filing a claim. This doesn’t mean you shouldn’t file a claim or that you won’t need to do so later on if there’s an issue with your benefits. If you have already received some form of workers’ compensation, then your deadline is different. You generally have two years from the date of your last payment of benefits, or three years from your injury date, whichever is later.

Filing a claim right away usually is recommended, even though you have three years from your injury date. If you fall at work and injure your back on August 1, 2013, you technically have until August 1, 2016, to file a claim. However, filing a claim right away can help you get benefits sooner.

In some cases the date of accident or injury is clear. However, in other cases, it is not. For example, if you have a repetitive stress injury that occurred over time, it can be hard to pinpoint the exact date you were injured. The rule here is that you have three years from the time you knew or should have known that you had an injury caused by your job.

There is another deadline to be aware of when you are injured on the job. The law says that you need to notify your employer of your injury within 45 days. If you fail to do this, you should still be able to get benefits, but the insurance company might try to deny your claim.

Sometimes injured workers assume it is too late to seek workers’ compensation when in fact it’s not too late at all. It’s worth asking an attorney whether you have a claim and what your deadline is. An initial consultation with a workers’ compensation attorney is almost always free.

Written by Michael Helfand

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