IN PEORIA, IL
Potential Penalties for Employers in Workers’ Compensation Cases
In this case, we’ll discuss the situation of an injured worker who served as a plasterer at Peoria Housing Authority. Along with his primary role, he also performed various tasks that involved moving furniture and equipment. The incident occurred while the worker was attempting to move an HVAC unit. As he lifted the unit, he took a step back, and he felt a crackling sensation in his lower left back, immediately experiencing severe pain.
The injured worker wasted no time and attended an immediate hearing to kickstart his temporary compensation payments and gain approval for surgery. Besides consulting his own doctor, he was also required to visit two other doctors designated by the employer for supposed independent medical examinations.
Following the hearing, the Arbitrator approved the injured worker’s proposed surgery, granted weekly compensation payments, and imposed a financial penalty of $19,782.56 on the employer for their failure to promptly provide the warranted temporary compensation payments.
The Petitioner was a manager at a restaurant and felt a pop in her thumb while wiping off tables. The employer contended at trial that the injury was insufficient to cause the problems to her thumb and hand. After two operations, the client was awarded 55% loss of use of her hand. Although the employer appealed all the way to the Appellate Court, they consistently lost.
severe neck pain
Petitioner’s job was to smash rock and coal into a grate. While smashing rock, the client felt a sudden and severe pain in his neck. He eventually had a cervical fusion. At trial, the employer contended that the client’s job was not strenuous enough to cause the injury; however, the employer failed to produce a video tape that they had made which purported to show the client doing his actual job. The arbitrator awarded the Petitioner 25% MAW, past due temporary total disability payments, and all medical bills.
A concrete barrier was dropped on Petitioner while he was at work on a construction site. Petitioner sustained a crushing injury to his foot. After substantial medical treatment and negotiations, the case settled for $380,000.00.
Petitioner, who worked as a teacher, inadvertently hit his head on a shelf at work. He was diagnosed with a closed head injury. The case settled for $300,000.00 and payment of extensive medical bills.
Petitioner injured his knee while working as a mechanic. When he came to our office he was at maximum medical improvement and had already obtained a settlement offer. On our recommendation, he was placed in vocational rehabilitation. The offer that he had was then substantially increased by virtue of the results of vocational rehabilitation and the case eventually settled.
fell of ladder
Petitioner fell off a ladder while attempting to install a commercial sized garage door. He had shoulder and wrist surgeries. After extensive negotiations, the case settled for $140,000.00.
eye damage from chemical
Petitioner, a dish washer, had chemicals splashed into his eyes while at work. Thereafter, he had some mild vision problems. The case settled for $100,000.00.
reflex sympathetic dystrophy
Petitioner was diagnosed with Reflex Sympathetic Dystrophy Syndrome (RSD). The case was taken to an immediate hearing to obtain medical proof that the condition was caused by work and for prospective medical treatment. The case eventually settled for $110,000.00.
thoracic outlet syndrome
In a case against Caterpillar, the worker suffered Thoracic Outlet Syndrome and couldn’t return to his job. After extensive medical treatment, the Petitioner retired and the case settled for $160,000.00 with open medical for life.