The Illinois legislature and Governor Rauner, due in large part to lobbying by insurance companies and other special interest groups, are currently discussing drastic changes to workers’ compensation laws that aim to make recovery more difficult for injured workers. The insurance companies' objective here is simple. The less insurance companies pay in compensation for work related injury claims, the more profit those companies realize. The insurance companies lobby the politicians, and the politicians do the dirty work for the insurance companies. The politicians sell the idea to you as "helping Illinois." Workers' compensation reform will not "help Illinois," it will only serve to help the insurance companies.
How are disputes regarding Workers’ Compensation benefits resolved?
Many disputes arise between the employer and employee during the course of a workers' compensation claim. For example, there may be disagreements about whether the work related injury is compensable, the nature and extent of injury, whether the injury is causally related to the accident, the type of medical treatment required, or the amount of benefits due.
The first avenue in resolving disputes is negotiation. Skilled negotiators can often arrive at a resolution without the need for a hearing. If the dispute cannot be resolved through negotiation, however, an arbitrator at the Illinois Workers' Compensation Commission will conduct a trial - pursuant to Illinois law and procedural rules set forth by the Commission - and issue a ruling within 60 days. The law also provides for an appeal process, one that can take the case as high as the Illinois Supreme Court.
Why hire an attorney, when I can do this myself?
Being injured in an automobile accident is no small event. Most people don't know what to do when involved in a car accident. The injuries you might suffer as a result of an auto accident range from whiplash to traumatic brain injury, and every type of injury in-between. After you have been injured you are scared, and looking for answers. Often times the car accident insurance process will begin with an insurance adjuster calling you immediately. The insurance adjuster may even work for the same insurance company that you have used for years. The first thing you must understand is that the insurance company is not on your side.
Why Do You You Need an Illinois Workers' Compensation Attorney?
In Illinois, you are entitled to compensation for a work related injury if that injury occurs within the course and scope of your employment. If you are injured on the job, you may be eligible for workers' compensation benefits.
Your employer and the insurance companies have attorneys representing them, and it is important that you have an experienced Illinois Workers' Compensation attorney assisting you with your work injury.
PERRY J. BROWDER: THE STORY YOU DON’T HEAR: WORKERS’ COMPENSATION COSTS ARE DROPPING AND THE ILLINOIS BUSINESS CLIMATE IS IMPROVING
When should I hire a Social Security Disability Attorney?
The unfortunate truth of the matter is most individuals are denied Social Security Disability and/or Supplemental Security Income after their initial application. This typically happens regardless regardless of whether you have an attorney. After your first denial, you should considering hiring an attorney to help you protect your rights. Generally, you have 60 days from your date of denial to request the Social Security Administration reconsider their decision. Therefore, it is important that you find an attorney right away. Don't wait until the last minute. That said, you may decide you are comfortable proceeding forward on your own, and that's alright. However, it is crucial that you appropriately and timely file your request for reconsideration within the 60-day time period.
When Will Illinois' Politicians Learn: No One Can Live on Imaginary Budgets
Happy 4th of July!
The Fourth of July celebrates the legal separation of thirteen colonies from Great Britain. The separation occurred on July 2, 1776 when the Second Continental Congress voted to approve a resolution that the thirteen colonies should be independent. The Declaration of Independence is a document created by a committee of five with Thomas Jefferson as the primary author, and was written to explain the decision to separate from Britain. The wording of the Declaration of Independence was approved on July4, 1776. The thirteen colonies made the following declaration:
Five New Commercial Spots
The Law Offices of Frederick W. Nessler & Associates, Ltd. is proud to announce that it has finished production on five new commercial spots. The commercials will begin to air in mid-July. However, you can be one of the first to see them by following this link:
http://www.nesslerlaw.com/learn-more/
After a Car Accident – What are the first steps you should take after you are injured in a car accident?
If you have recently been in a car accident, you may be asking yourself, should I attempt to settle my case alone? Who will pay my medical bills? What monetary damages can I recover for my injuries?
At the Law Offices of Frederick W. Nessler and Associates we offer a free consultation to discuss and answer your questions. We will help you make sure that the first steps you take after your injury are the right steps. We will help you avoid doing something that an insurance company might misconstrue in an attempt to prevent you from a fair and just recovery.
Would a pet make a good mayor? This attorney seemed to think so…
Layers of Recovery: Recovering from Multiple Sources for a Single Injury
The goal of most people making a claim for an injury is to recover as much damages or benefits as possible. Recovery is not always as cut and dry as it may seem. There are sometimes many layers to your recovery that can take considerable time and require the assistance of experienced legal representation.
For example, let’s say that you work in a brand new, multi-level, office building with an elevator. While at work one day, you are riding the elevator up to your floor when the elevator malfunctions and collapses, ultimately causing serious injury to you. The question is: Who do you recover from?
Workers' Compensation: Avoiding the Common Pitfalls When You’ve Been Injured at Work
Injured at work? What do you do now? Fortunately, Illinois has a system of Workers' Compensation benefits that are designed to help you. Unfortunately, there are many steps in the process of obtaining benefits for your injury, and those steps can be very complicated.
For instance, did you know that although the statute of limitations for a workers’ compensation claim is three years, not giving your employer notice within a much shorter amount of time could completely bar your recovery?
Did you also know that you may only choose two doctors for your treatment and seeing additional doctors can result in out of pocket expenses that won’t be covered by your workers’ compensation benefits?
Furthermore, something as simple as informing your medical providers that your injuries are related to a workers’ compensation claim can substantially affect you. Failure to do so could result in bills stacking up and being sent to collection agencies, ultimately harming your credit score which could take years to fix.
Lastly, how many of you are on Facebook, Twitter, or some other form of social media? It seems like everyone from age 5 to age 95 has an account these days. Did you know that posting pictures or comments about your injury, your treatment, or even completely unrelated activities could end up significantly impacting your claim?
These are just some of a wide array of problems you could encounter when attempting to navigate your way through a workers’ compensation claim.
At this point, I think it is fair to say that not having the representation of a knowledgeable firm can end up costing you a significant portion of your workers’ compensation benefits. Employers and insurance companies want to resolve your claim quickly and for the least amount of money as possible. We understand the intricacies of the workers’ compensation act and can navigate you over the hurdles to recovery.
We make the intake process incredibly easy. The initial consultation is completely free. We have a number offices throughout Illinois and can work around your schedule. During this visit, our knowledgeable attorneys will take as much or as little time as you need to thoroughly answer your questions.
No one goes to see an attorney when something good has happened to them. Our goal is to leave you with the peace of mind that you are in good hands and to take away as much of your burden as possible.
Nessler & Associates will work hard to obtain the benefits you need, and will provide the representation you deserve.
Nessler & Associates Welcomes Matthew R. Hard to its Team of Attorneys!
The Law Offices of Frederick W. Nessler & Associates, Ltd. welcomes Matthew R. Hard to its team of lawyers.
Matthew Hard received his bachelor of science in marketing management at Southeast Missouri State University. He graduated cum laude. Mr. Hard went on to receive his juris doctorate in 2009, after attending Southern Illinois University School of Law.
Mr. Hard sat for the Major Field Achievement Test where he ranked in the 90th percentile.
Mr. Hard is currently assisting Matthew Kennedy in handling workers’ compensation claims. Mr. Hard is a fantastic addition to an already excellent team of lawyers at Nessler & Associates, Ltd.
You will hear from Mr. Hard later tomorrow when he publishes his first post to our website. In the mean time, please visit Mr. Hard's attorney profile page at www.nesslerlaw.com/matthew-hard.
Matt Hard is an excellent attorney and will aid Nessler & Associates in obtaining the compensation you need, while providing the representation you deserve.
Two Attorneys with Nessler & Associates named Top 40 Under 40 Trial Lawyers in Illinois
The Law Offices of Frederick W. Nessler & Associates, Ltd. is extremely proud to announce that two of its attorneys have been named Top 40 Under 40 Trial Lawyers in Illinois, by the National Trial Lawyers.
Jonathan T. Nessler and Maria A. Gust received their nomination and appointment as Top 40 Under 40 Trial Lawyers in Illinois for the year 2015.
The Top 40 Under 40 Trial Lawyers is an invitation-only organization composed of the premier trial lawyers, under the age of 40, from each state in the nation who meet stringent qualifications. Selection is based on a thorough multi-phase process which includes peer nominations combined with third-party research. Membership is extended solely to the select few of the most qualified attorneys from each state who demonstrate superior qualifications of leadership, reputation, influence, stature and public profile.
The Law Offices of Frederick W. Nessler & Associates is dedicated to employing top lawyers to represent its clients’ interests.
The Law Offices of Frederick W. Nessler has been helping injured people for over 30 years. In that time, we have secured several million and multimillion dollar results. If you have been injured by someone else’s negligence or at the work place, please contact the Law Offices of Frederick W. Nessler & Associates by visiting one of our many locations or by calling 800-727-8010. We look forward to helping you.
Nessler & Associates Q2 2015 Newsletter Now Available
Act Immediately to Protect Your Right to Recover, or You May Lose It.
If you have been injured in an accident it is very important that you act immediately to preserve your rights. If you do not act immediately, you risk losing your right to recover against the individual or entity that caused your injury.
The Illinois Fourth District Appellate Court recently issued its opinion in Bentley v. Hefti. The Bently case discusses the statute of limitations in Illinois in a personal injury case - specifically defamation.
Perry J. Browder will be installed as President of ITLA June 5, 2015
PERRY J. BROWDER, shareholder at Simmons Hanly Conroy, LLC in Alton, will be installed as the 62nd president of the Illinois Trial Lawyers Association (ITLA) on Friday, June 5, 2015, at its annual convention.
Browder grew up in Skokie and attended Bradley University in Peoria, Illinois. He graduated from Valparaiso University School of Law in 1988 and was admitted to the Illinois Bar shortly thereafter.
ITLA continues to protect our civil justice system
Dear Editor:
The Illinois state director of the National Federation of Independent Business (NFIB) stated in a recent letter to the editor (“A plan to change Illinois’ business climate,” 5/4/2015) that she supports Governor Bruce Rauner’s efforts to shift the risk and expense of caring for Illinoisans injured at their workplaces or harmed by corporate negligence and malfeasance onto the state’s taxpayers.
Rauner, a multi-millionaire who owns nine homes, has proposed an Orwellianly misnamed “Turnaround Agenda” that would trade an inadequate and slowly phased in minimum wage increase for a substantial weakening of currently modest workplace protections and require those who suffer catastrophic injuries to forfeit the right to reasonable compensation and help with their medical bills.