WORKERS COMPENSATION

The idea of workers compensation is simple, but the system is complex and always changing. It has been said by some legislators, Arbitrators, and Commission members that this is the “workers” compensation act, not the “employer’s” compensation act. This notion discounts and ignores the true intent of the law. This legislation was not designed exclusively for the benefit of employees. Employers and society have a valid stake in the intelligent and just administration of the law.

As Workers Compensation benefits continue to escalate each year, so does the cost of doing business in Illinois. This is a state that is considered “employee friendly”. Employers and their representatives must be wary of the pitfalls waiting for them in Illinois.

Knowing that Workers’ Compensation can be a treacherous area of that law, it is important to have a plan of action. When a new file is received at Roddy, Leahy, Guill & Zima, Ltd., it is reviewed by a partner. The file will be assigned to an attorney based upon client preference, venue, or complexity of the case. The file will be indexed with the Industrial Commission to determine if the claimant has any prior workers’ compensation claims in the state of Illinois. An analysis and review of the file will be provided within thirty days of receiving the file. That file will be reviewed as follows:

1. VENUE We will verify that the Industrial Commission has assigned the case to the proper venue. There can be certain tactical advantages based upon Venue. A Petitioner may try to file the case in an improper venue because of a liberal Arbitrator or convenience of location.

2. ACCIDENT AND NOTICE All investigation material will be reviewed. Accident reports will be compared to make sure there is no variation of facts. We also will review when notice was given and to whom it was tendered.

3. MEDCIAL REVIEW A detailed chronology and review of all medical records will be provided. A careful review will be made for any pre-existing conditions or discrepancy in the records. Diagnostic tests and surgical procedures will be specifically noted. Recommendations will be made if additional medical records or an independent medical evaluation is needed.

4. AVERAGE WEEKLY WAGE The wage statement will be calculated and reviewed. We will discuss any nuances of the wage such as overtime or seasonal employment. This is a particularly hot legal issue that is resulting in frequent modifications as to the manner and method used to calculate the correct average weekly wage.

5. BENEFITS PAID All investigation material will be reviewed. This will include medical, temporary total disability and permanency advances. If the claim is denied or unpaid we will investigate whether or not any group benefits paid to the injured employee may be used as a potential credit against an employer’s ultimate responsibility.

6. SUBROGATION There will be a review of the facts to determine if there is a potential third party action to recover benefits paid on the claim.

7. COMPENSABILITY We will recommend either accepting or denying the claim. If we believe the case should be denied, we provide the basis of our recommendation and any supporting case or law and/or statute. Conversely, if case law or statue indicates a case is compensable, we will explain why the case should be accepted. This prevents needless legal expenses and exposing our clients to penalties.

8. EXPOSURE A recommendation will be made regarding the value of permanency in the case. This will be provided in terms of percentage of disability and the monetary value based upon average weekly wage. We will also discuss any potential developments that could occur, such as “permanent and total disability” or a “wage loss” claim.

9. RECOMMENDATIONS We provide suggestions regarding the further handling of the file. This can include, subpoenas of records, IMEs, witness investigation, wage information, etc.

Roddy, Leahy, Guill & Zima, Ltd. believes that by analyzing files in this fashion we can best evaluate and analyze each claim. After the opening analysis has been provided, we will then work with our client to determine a plan of action for handling the claim to guide it to a successful conclusion. Our defense strategy is periodically reviewed and may be altered whenever new information is learned. We provide each client with the highest level of service from the opening to the closing of the file.

EXPERIENCE | SERVICE | CHARACTER | WORKERS COMPENSATION | BEYOND WORKERS COMPENSATION