I have had several firefighters, EMTs and paramedics ask me if they can get compensation for their heart or lung disease under “the new Heart and Lung Act.” My answer to them is that there is no “Heart and Lung Act”, but if you are a first responder, you are afforded special consideration under the…
When you hurt your hand at home, you usually can call your doctor’s office and get into see someone fairly quickly. Then if the doctor recommends a diagnostic test or physical therapy, you can call the place you want it performed and set up the first available appointment. All this is possible because, in general,…
Are our first responders entitled to workers’ compensation benefits when they are injured while providing help in their official capacity while off the clock? Yes. In a recent case before the Illinois Workers’ Compensation Commission, a police officer had to fight to get benefits paid to him for an injury that took place when he…
There have been several news reports this year about people being killed in work place accidents. Fires, car accidents, factory machine malfunctions are just a few of the examples. Every time you drive on a highway or through a construction zone you see signs meant to prevent construction workers from being hit by cars while…
Do you still have a case? Yes, you might. Not every injury that happens at work or on the clock is the responsibility of your employer. But just because you are off the employer’s premise or off the clock doesn’t automatically mean that your employer is not responsible for the injury. There are many things…
This is a question that my office routinely hears from people who have been injured at work. My response is always, “Even if everything is going perfectly right now, you will inevitably need an attorney. Don’t wait to get one until after a problem occurs because then you risk a situation where an attorney cannot…
The answer is NO. Just because the company’s “independent medical doctor” says that you don’t need more treatment or that your condition is not work related, does not mean that your case ends. There are several ways to get around that doctor’s opinion. It all starts when you receive the notice from work comp that…
In short, the answer is yes. Most people don’t call an attorney right away when they get hurt. Usually they wait until a problem arises and only then do they call an attorney. The problem might be a medical bill the insurance company refuses to pay, treatment the insurance company refuses to approve, or it…
The Employee Retirement Income Security Act (ERISA) of 1974 was intended to provide significant legal protections for workers’ benefits. In many ways, ERISA did just that. ERISA provided legal protection and fairness in providing employee pension, health insurance and disability insurance benefits. However, there is one aspect of ERISA, called the ‘reservation of discretion’ which…
Chances are that if you have made the decision to apply for disability, you have talked to your doctor first about whether you qualify for disability. If your doctor has said that you’re disabled, you may not feel the need to hire an attorney because your doctor’s word should be good enough, right? Wrong. SSA…
At times, when an offer is communicated to a client, the client responds with a quick, “that’s not a good offer.” The client’s response may or may not be accurate. What strikes me though, is how did the client determine what his case is worth? Ultimately, every case is worth what the arbitrator would award…
“Life’s most persistent and urgent question is: what are you doing for others?” –Dr. Martin Luther King Jr. So often in our busy lives we end up with blinders on that keep us focused only on ourselves, our jobs, our close family and friends. And even though our jobs may involve helping others in some…
