Chicago Injury Attorneys Blog

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Summer 2021 Highway Safety

One of the objectives of the Illinois Workers’ Compensation Act is to ensure the financial security of workers injured and disabled as a result of on-the-job injuries. Although the law provides the injured worker with weekly paid benefits known as temporary total disability (TTD) and compensation for permanent partial and permanent total disability, there are limitations and in many cases exclusions on the amount of compensation the injured worker could receive for missed overtime hours after the injured worker became partially disabled. Fortunately, injured workers are finding a remedy for some of that lost overtime income with a claim for temporary partial disability benefits (TPD).

“I’m truly shocked at how many insurance claims adjusters deny this pay to injured workers,” said Christopher Mose, Katz, Friedman, Senior Trial Attorney.

Attorney Christopher Mose successfully recovered TPD benefits for lost overtime for an employee of Komatsu Mining Systems in Peoria, Illinois. In that case, the employer refused to pay the injured worker and at trial denied responsibility under the law. The arbitrator awarded the injured worker over $7,000 in TPD benefits as the evidence established the employer limited him from working overtime hours during the temporary period he was restricted as a result of the work injury.

Earlier this year, Christopher J. Johnson obtained a jury verdict against Fed-Ex in excess of $1 million dollars following a successful trucking accident trial. Christopher was also successful in obtaining our client post judgement and rarely awarded pre-judgement interest on the jury verdict resulting in a total recovery of $1,178,586.06.

Our client was injured when a Fed-Ex double-trailer truck rear ended his vehicle on I-64 in downstate Illinois near St. Louis. As a result of his injuries, he required surgery but fortunately recovered and was able to return to his regular work. Katz Friedman’s, partner, Philip Bareck initially filed the workers’ compensation claim which was contentious as his employer denied payment and claimed no workers’ compensation insurance. Phil fought for and received weekly time off checks directly from the company (which is quite rare) and kept the case pending to protect our client’s workers’ compensation rights until the verdict became final. Our client was incredibly grateful for the legal work provided to secure his recovery. Katz Friedman continues to represent those injured in workers’ compensation and truck/vehicle accidents throughout the State of Illinois.

“Although to get to this result, we had to take approximately 15 depositions of witnesses and doctors and invested one week of trial time, I am thrilled we were able to convince the jury to award our client greater compensation than the defendant was willing to pay,” said Christopher J. Johnson. Christopher continues to pursue justice for victims of personal injury cases including car and truck accidents, slip and fall and other personal injuries in Chicago and throughout the State of Illinois. Christopher takes pride in his ability to guide his clients through life changing events for the best outcomes.

For many people in the U.S. Labor Day means the unofficial “last” day of summer, the start of the new school year and the start of fall sports. For Katz Friedman it means so much more and entails many of the principles on which our firm was founded.

Labor Day is a federal holiday in the United States celebrated on the first Monday in September to honor and recognize the American labor movement and the works and contributions of laborers to the development and achievements of the United States. Having the first Monday in September be a day off from work has been significant for American workers since the late 1800s. At the peak of the industrial revolution, working conditions in factories, mills, mines and most other industries were very unsafe. The average worker, many of whom were young school aged children, were often required to work 12 hours a day, six days a week, in crowded, poorly ventilated spaces. Workers began holding strikes and rallies that called for shorter workdays and better conditions. During this time period most of the labor unions as we know of them today were born, and memberships in unions were at their peak in the period leading up to the late 1960s.

In 1953, when labor union memberships were at an all-time high, Harold Katz represented the United Auto Workers, and Irving Friedman was a trial Attorney for the National Labor Relations review board. Although the two labor lawyers met as opposition, they inevitably joined forces and went on to have a 50+ year partnership to fight for economic justice for workers across Illinois.

Katz Friedman helped a UAW member fight Caterpillar at a hearing for a Workers’ Compensation claim regarding a repetitive work injury that caused carpal tunnel syndrome (CTS). The Illinois Workers’ Compensation Arbitrator awarded her full benefits and an injury settlement after a full hearing.

The assembly line worker has been employed with Caterpillar in Decatur for over 10 years. During that time, she worked on multiple lines and assembled large mining trucks using all sorts of air guns, pneumatic, torque, and hand tools. As a result of her repetitive work, she developed carpal tunnel and eventually needed a carpal tunnel release surgery.

Caterpillar denied her Workers’ Compensation claim indicating that her work duties were not repetitive or forceful enough to cause her conditions. They attempted to have their plant physician do a shop walk and document her work duties to confirm their denial that her work was not repetitive or forceful. Caterpillar also obtained a medical evaluation from a hired doctor to indicate her carpal tunnel was not work-related but was due “…to the fact that she is a middle-aged female with a history of smoking” and determined it was idiopathic. This medical term states that the condition just happened “spontaneously,” so it is a convenient way for employers, like Caterpillar, to attempt to evade liability for injuries like carpal tunnel syndrome.