The Need For A Proactive Peoria Workers’ Compensation Claims Attorney
At the Peoria, Illinois law office of John Lesaganich, P.C., Attorney at Law we practice workers’ compensation law with several goals in mind. To begin, we do our utmost to secure the financial compensation to which the injured worker is entitled so that the worker might heal from the effects of his work related-injuries with a degree of dignity. Secondly, we monitor the medical bills as they are incurred making demands for their payment well before the settlement of the injured workers’ business. Thirdly, we are an active participant in secure authorizing for the quality medical care best suited for the injured worker and his particular injuries. Finally, at the time settlement becomes appropriate it is our goal to also have your case ready for its potential arbitration. At John Lesaganich, P.C., Attorney at Law we find this posture useful during the negotiation process.
An Illinois Neck And Back Injuries And Repetitive Trauma Claims Lawyer
Attorney John Lesaganich has 32 years of experience as a workers’ compensation trial lawyer. He thoroughly and aggressively prepares for litigation, paying attention to every detail of your case. With extensive knowledge of medical terminology, statutory law and Illinois case law, he has earned a reputation as an excellent workers’ compensation trial attorney.
- Temporary Total Disability
- Partial Permanent Disability
- Compensation for Repetitive Trauma Injuries
- Neck, Back and Knee Injuries
- Vision Loss/Hearing Loss
Reporting the injury
If you have sustained an accident on the job the Illinois Workers’ Compensation Act requires that you report the accident to your employer within 45 days of the accidents occurrence. The injured workers’ report of injury may be oral or in writing. However, the law office of John Lesaganich, P.C., Attorney at Law encourages all of its potential and existing clients to insist that a written accident report be completed. We so insist because our many years of experience suggest to us that the only thing insurance companies really understand is paper.
The more time the injured worker puts between the accidents occurrence and reporting of that accident the more suspicion from his employer and its workers’ compensation insurance company can the employee expect.
The reporting of repetitive trauma injuries is a much different story than the reporting of an accident which is generally understood by workers’ compensation lawyers to contemplate an event traceable to a definite time, place and cause.
In a case of repetitive trauma the law does not recognize the notion of conventional accident. Instead, the law surrounding repetitive trauma fixes what is called the date of manifestation which triggers the running of the 45 day statutory notice period. The Illinois Supreme Court has held that repetitive accidental injuries manifest when a reasonable person would appreciate not only the fact of his or her condition of ill-being, but also its relationship to work. Typically, repetitive trauma injuries manifest when the injured worker has either reached the aforementioned conclusions himself or a credible medical provider opines that injuries from which the injured worker suffers could be work-related.
Call our office to learn how best to proceed with protecting your rights by completing a written accident report and obtaining medical care and treatment.
Reasonable and necessary medical care
Section 8(a) of the Illinois Workers’ Compensation Act discusses the injured worker’s right to reasonable and necessary” related medical care following an accident at work or manifestation of repetitive trauma injuries. Section 8(a) of the Act limits the injured worker to two (2) medical providers of his or her own choosing. However, the injured worker can still see as many doctors as needed providing these doctors stem from chains of referral established by one (1) or both of the injured worker’s initial treating medical providers.
By statute the employer’s liability for the payment of post-injury medical care in a workers compensation case is limited to care that is reasonable and necessary. The term reasonable refers to the modality of treatment and its costs. The term necessary refers to whether the necessity of the medical care being sought relates to the effects of or the aggravating effects the accidental injury sustained at work or the repetitive trauma injures which have manifested. When you are injured and you need to be seen by a specialist, contacting John Lesaganich can help you get the assistance you need.
Temporary total disability (TTD)
When you have experienced a work-related injury, temporary total disability benefits are payable during the period that you are unable to work as authorized by a credible treating physician. These benefits are determined by statute and in most cases amount to two-thirds (2/3rds) of your gross average weekly wage. Although certain minimum and maximum rates may apply to your individual situation. The injured workers’ entitlement to the payment of TTD is one of the many burdens of proof the injured worker has before the Illinois Workers’ Compensation Commission. Therefore, if you are to continue to receive TTD it is helpful to secure off-work notes from a credible medical provider. At John Lesaganich, P.C., Attorney at Law we invite each of our clients to visit with us after each of their doctors visits with their off-work or restricted duty notes so that they might be promptly faxed to opposing counsel and/or the insurance company for the employer in your case. Speaking with a knowledgeable lawyer can help you determine which course of action is best in pursuing these benefits.
Permanent partial disability (PPD)
These benefits are the principal component of what our clients call their settlement. Indicators commonly used by Arbitrators to determine whether PPD exists and, if so, to what extent include: whether the work-related injury required surgical intervention, length of temporary total disability, any obvious deformity the result of the effects of the accident injuries at issue, and, of course, whether the effects of the accidental injuries at issue have left Petitioner with permanent work restrictions or permanent total disability. Avoid the thinking that the greater the medical bills generated in a workers’ compensation case the larger the settlement is likely to be. For, care deemed unreasonable and/or unnecessary can create a real problem for the injured worker at the time a case is ready to settle or be arbitrated. Computing this type of benefit is complicated. Its computation is simply beyond the experiences of the injured worker. John Lesaganich can help you understand the law and aggressively advocate for you to get the permanent partial disability compensation to which you are entitled.
Repetitive trauma injuries
In 1987 Mr. Lesaganich stood before the seven justices of the Illinois Supreme court to argue successfully for the injured worker that the law of repetitive trauma should apply to the Illinois Workers’ Compensation Act. See Peoria County Belwood Nursing Home v. The Industrial Commission, 115 Ill.2d 524, 505 N.E.2d 1026 (1987). These are not generally cases easy to report correctly. Candidly, most mistakes made in a repetitive trauma case are made early in such a case. So, it can be especially helpful for the injured worker to obtain the advice of experienced counsel in the field of repetitive trauma law before reporting of the injuries at issue and before seeking related medical care.
Neck, back and knee injuries
Such injuries are considered by the terms of the Illinois Workers’ Compensation Act to be injuries to the person as a whole and can be most debilitating to the injured party. Such injuries may be the subject of both a case sounding in accident or repetitive trauma. However, the law of repetitive trauma does not always apply as directly to spinal cord injuries as that law applies to injuries to our hands and arms. Otherwise, Mr. Lesaganich’s experience suggest to him that many times employers and their workers compensation insurance companies will tend to want to blame the injured workers post-traumatic spinal cord injuries on the effects of the normal aging process. For instance, as we age we can all expect a degree of degenerative disc disease throughout our spine. This condition can exist, but not pose a problem to the injured worker until aggravated by the effects of work related injury either singular or repetitive in nature. Serious claims such as the ones being outlined in this section require the assistance of diligent focused counsel. Testing for spinal cord injuries include magnetic resonance imaging (MRI) and/or CT Myelogram, as well as electroneuromyography testing (EMG/NCV). The aforementioned necessary testing is expensive and will likely require authorization from the workers’ compensation insurance company involved in your case.
Vision loss/hearing loss
Work-related injuries affecting vision are generally easier to verify than injuries affecting hearing. John Lesaganich assesses vision and hearing tests like audiograms, the Wisconsin eye chart test and more to provide fact-based representation to clients. Obtaining maximum compensation for vision and hearing loss injuries is one of our many priorities.
In addition, John Lesaganich the founder of our firm, serves as a vital resource for clients, answering questions and concerns, including:
- Why Must My Medical Treatment Be Authorized?
- What Is Arbitration?
- Who Is The Nurse Case Manager?
- What Is An IME?
- What Is The Settlement Value of My Case?
- I’m Injured at Work. What Do I Do?
- Can My Employer Fire Me For Getting Hurt or Hiring a Lawyer?
Contact our office at 309-637-4052 or toll free at 877-232-7197 to talk with attorney John Lesaganich about your workman’s comp benefits. At our office, initial consultations are always free and confidential. We are located on Main Street in downtown Peoria, across from the courthouse.