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Mitchell Horwitz
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Mitchell Horwitz’s Answers

27 total

  • Lawyer's settlement form states I returned to work 3 days after my accident. My doctor still hasn't released me to go back!

    This lawyer wants me to settle out of court and I was about to sign the papers when I saw that they said I was back at work already! I am in extreme pain everyday, and my range of motion is very limited. This accident from March 2012 caused a seve...

    Mitchell’s Answer

    I am not clear whether the lawyer you're referring to is your own lawyer or the lawyer hired by the insurance company. Either way, I suggest you get an opinion from a lawyer that you trust. If the disputes in your case if not been explained to you to your satisfaction, you can seek the answers from other attorneys. You also have a right to a hearing at the Illinois Worker's Compensation commission to determine what you're entitled to.

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  • My husband got injured at work. Should he accept a worker comp claim or get a lawyer? How much $ should he except to receive?

    He received an injury for a fly-wheel grinder running across his left wrist. His injuries included cutting his artery & ulnar nerve. He's had to have 2 surgeries . He's been off work since the accident happened back in January and as been going to...

    Mitchell’s Answer

    Serious injury. I would retain an attorney with expertise in workers comp. He has many rights that need to be protected.

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  • Can a person receive workers compensation, social security, and full pension?

    If a person has a work related catastrophic injury and is receiving workers compensation and social security. Can they also receive their full pension without affecting the workers compensation.

    Mitchell’s Answer

    he pension and pension options should be reviewed by and interpreted your attorney. It really depends on how the pension plan is written. Is there a disability pension? Is it the regular pension? There is some case law that suggests taking one's pension removes you from the labor market, and then the employer may deny vocational rehabilitation. You have to look at it one case at a time. There also are pension plans that get reduced based upon workers compensation disability payments. and Social Security disability income payments. It all has to be looked at in a global fashion with your lawyer. Often we contact the pension administrator to find out how much the pension would pay, how much will it pay if we wait to a certain age, etc. Generally pension plan payments do not reduce workers compensation disability payments.

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  • Is signing a power of attorney in a Workers Compensation case a bad idea?

    I just signed on with a small W.C. firm in Illinois. When I started signing papers he came up with a power of attorney, I hesitated but signed anyway. He said that when the time came this gave him power to take a settlement that was really good,...

    Mitchell’s Answer

    I agree with you. Revoke the power of attorney. Only sign it when there is an agreed upon settlement. A blanket power of attorney leaves you too exposed.

    I know this practice exists that you describe. Our office does not do this, and we don't agree with it.

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  • I'm a teamster 710 dockmen.I got hurt and I'm on lite duty.I make 16.88 hr .and they only pay me 10 an hr.is that legal.

    I thought since I got hurt at work I shouldn't lose my full pay .

    Mitchell’s Answer

    You are entitled to 2/3 of your pay tax free if you are unable to work from the injury. There may be other benefits owed to you in the collective bargaining agreement of 710. Suggest you speak with your business agent.

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  • Have a workman's comp case that is ready to close on my knee after 3 surgeries in the past 2 years how much should i settle for?

    Had a ruptured patella tendon was my 1st surgery, 2nd was to remove scare from the operated knee and then a torn meniscus was the third i tore in therapy

    Mitchell’s Answer

    The main questions to determine the value of the case deal with your earning capacity before and after the accident, any type of permanent difficulties you have with the knee, any permanent physical restrictions, your needs for future medical treatment over your life, your education, your skills before the accident.

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  • Can worker's comp case manager change my goals from returning back to full duty to something else?

    I recently had a major surgery due to a work related injury and worker's compensation has been paying for my physical therapy treatments. However, I was laid off from work a week prior to surgery. I am close to 3 months post-op but my surgeon said...

    Mitchell’s Answer

    The case manager should not be speaking with your medical provider. You are entitled to all treatment necessary to cure your condition that is reasonable and necessary.

    Suggest you speak to a lawyer.

    Depending on your injury you may be entitled to vocational rehabilitation.

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  • I currently have a workers compensation case, I haven't worked since Nov. 2009 I switch attorneys once but the new one is worse

    Since I file the claim the insurance is giving me lots of problems(of course is their job) they stopped my check all the times but my attorney was able to get them back. This is why I decided to hire a new attorney but this one end up being worse...

    Mitchell’s Answer

    It's important for you to have a lawyer that you trust. If the current lawyer is not working in your best interest then you should look at that. Maybe speaking with the attorney face-to-face would help. Failed lumbar fusions and disputes with an insurance company over that can get very complicated. The best bet is for your attorney to aggressively pursue the case through the Illinois Worker's Compensation commission.

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  • Is it too late to file a claim for workers compensation if my injury occurred within the past 60 days?

    I slipped at work and landed on my tail bone. It was extremely painful for the next 3 days but I did not go see a doctor. Now, almost 2 months ago I have this constant throbbing pain when I sit and lay down. I have a doctors appointment (my first)...

    Mitchell’s Answer

    Did you report the injury to anyone? Was there a witness? Did you complain of pain to anyone over the next few weeks? Were you having trouble performing your job after the fall?

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  • I fell at work getting out of a chair. I'm being denied workman comp. Is there any way to fight this?

    I work in a child care facility. I was sitting in a chair provided to me by the company. I went to get up but my leg had fallen asleep and I rolled my ankle. The company sent me to the doctor and had xrays done. They found torn ligaments and so...

    Mitchell’s Answer

    Getting up from sitting is traditionally denied by the employer. Get a lawyer, no tape recordings, no signed statements. There is not much else to say.

    Maybe your case can be salvaged depending in the facts.

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