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        Workers’ Compensation

        A Company Physician v. Personal Physician When Injured On-the-Job

        150 150 Mark Weissburg

        A common theme to many of the questions we’re asked by injured workers involves the treatment and diagnosis provided by a company physician.

        The situation is frequently as follows: a worker is injured and reports to his supervisor, who recommends an exam by the company physician. The company physician may be on the worksite full time, or someone the company contracts with who is located off-site in a private medical office.

        Many workers comply with their company’s request and will begin treatment with their company’s physician. Often an employee feels that treatment by a company physician is a requirement. They trust that the company recognizes their injury and has their best interests at heart when providing care.

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        Strict Limits on Attorney Fees, Now Overturned, Stand Out Among States

        150 150 Marc Perper

        Marc A. Perper, a partner and Chicago workers’ compensation attorney at Horwitz, Horwitz & Associates, was asked to explain the difference between the statutory fee structure in Illinois and the statutory fee structure in Florida following a Florida Supreme Court decision.

        The Florida Supreme Court recently declared that the statutory caps on claimants’ attorney fees in the Florida workers’ compensation system are unconstitutional and a violation of an injured worker’s due process rights.

        The Florida workers’ compensation statute allows for an attorneys’ fee equal to 20% of the first $5,000 in benefits secured for a client, 15% of the next $5,000 and 10% of any amount secured in excess of $10,000 with no room for exceptions.

        In its decision for Castellanos v. Next Door Co., the Florida Supreme Court ruled that this structure creates a disincentive for claimants’ attorneys to take on “low-value complex” cases.

        According to Marc Perper, there is a major distinction between the Illinois and Florida acts. In Illinois, workers’ compensation attorneys get 20% of the settlement or award and this total is not to exceed the 364-week cap. However, when a full 20% fee exceeds the 364-week cap, attorneys can petition the Illinois Workers’ Compensation Commission for a fee in excess of the 364-week cap. As long as the client agrees to the fee, there is usually no problem in getting the commission to approve it.

        Due to publishing restrictions, the story is no longer available to read on our website. To read the full story please visit WorkCompCentral: Strict Limits on Attorney Fees, Now Overturned, Stand Out Among States


        Chicago Injury Attorney, Thomas A. Kelliher, Argues Before the Illinois Supreme Court

        1024 498 Clifford Horwitz
        On May 11, 2016, Thomas A. Kelliher, an injury attorney from Horwitz, Horwitz & Associates argued on behalf of plaintiff appellant, Ronald Bayer, before the Illinois Supreme Court.

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        Mitchell W. Horwitz Presents at the Illinois State Apprenticeship Conference

        1024 668 Clifford Horwitz
        The Illinois State Apprenticeship Conference wrapped up last week. In attendance were numerous union locals and their members. Mitchell W. Horwitz was asked to speak at the conference on the topic of workplace injuries due to his extensive knowledge on injured workers’ rights and Illinois workers’ compensation laws.

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        What is a Work Accident?

        150 150 Mark Weissburg

        Understanding what is and isn’t covered by Workers’ Compensation

        By Mark Weissburg

        What’s an accident? This might sound like a silly question, but it’s actually the subject of a great deal of case law. At the most basic level, the term “accident” encompasses anything that happens without design. It can also refer to an event which is unforeseen by the person to whom it happens. But in order for an accident to fall under the protections of the Illinois Workers’ Compensation Act it has to arise out of and in the course of the employment. What exactly this means will be discussed below. But before we get into the nitty gritty, I want to emphasize one thing. If your employer refuses to pay you benefits because they don’t think your accident qualifies under the Workers’ Compensation Act, find yourself a good Workers’ Compensation attorney and get their opinion. I’ve seen cases denied for good reasons, bad reasons, and no real reason at all.

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        105 Years of Workers’ Compensation in Illinois

        150 150 Marc Perper

        105 Years of Workers’ Compensation

        By Marc A. Perper

        The year 2016 marks the 105th anniversary of the enactment of the first Workers’ Compensation law in the United States. Wisconsin passed the first work comp legislation, followed by Illinois the same year. A centennial commission was established to commemorate the 100th anniversary of work comp in America.

        Workers’ compensation laws were the first major social legislation in the United States. They were controversial then, and they remain controversial now. Nonetheless, all 50 states, the District of Columbia and the federal government itself now have work comp laws. Mississippi was the 50th state to enact work comp legislation in 1948.

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        The Horwitz Brothers – They’re Far Smarter Than the Average Bear – and Lawyer

        150 150 Clifford Horwitz

        LeadingLawyers Magazine recently published their Consumer Edition for 2016, featuring an article on Clifford and Mitchell Horwitz!

        The article titled, “The Horwitz Brothers – They’re Far Smarter Than the Average Bear – and Lawyer” takes a look into the development of not only the brothers’ unique focuses in injury and workers’ compensation law, but also the unique legal strategies they have developed along the way – strategies that shed light on how devoted they are to helping those who have been injured in Illinois.

        We are proud to congratulate Clifford Horwitz, Mitchell Horwitz, Marc Perper, Wayne Newman, Jay Luchsinger, Michael Wierzbicki and Michael Carter, seven partners at our firm, who have been honored by their peers as Leading Lawyers, a distinction earned by fewer than five percent of all lawyers licensed to practice law in Illinois. We also are proud to congratulate Tyler Berberich who was selected as an Emerging Lawyer – a distinction earned by less than 2% of all lawyers licensed to practice law in Illinois.

        We are especially excited to congratulate Mitchell Horwitz, who earned the honor of being listed as one of the Top 10 Workers’ Compensation Lawyers in Illinois. Mitch was voted No. 6 – moving up 4 spots from last year – through a survey of his peers conducted by LeadingLawyers.
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        What Juries Do Not Know – The Truth About Insurance and Trial Lawyers

        150 150 Clifford Horwitz

        What Juries Do Not Know

        99% of trials in personal injury cases are about insurance.  What juries do not know, is that the true battle is between the injured individual and the insurance carrier who represents an individual or corporation who is being sued.  The jury is led to believe that the Defendant is an individual or a corporation, but the case is really about his insurance policy and the insurance company… and the droves of attorneys for the insurance company who will fight not to compensate fairly and pay what’s due.

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        Tradesmen and Cancer; the Benzene Effect

        150 150 Clifford Horwitz

        Benzene causes cancer; a fact supported by decades of in-depth, documented research.

        Despite our understanding of it’s danger in the workplace, the following continues to be true:

        • Benzene is the number one cause of Leukemia, responsible for an estimated 10,000 deaths by exposure annually.
        • An estimated half-million workers are needlessly exposed to benzene annually, either through direct skin contact or toxic fumes.
        • Benzene is among the most widely produced chemicals in the U.S. (based on volume), ranked 17th.

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        Common Causes of Wrongful Death in Illinois

        150 150 Clifford Horwitz

        Losing a loved one is a tragedy that no one should have to endure. When that loss is caused by the negligence of another, the aftermath can be even more traumatic. Although no amount of compensation can undo the emotional hardship, a Chicago wrongful death attorney may be able to help.

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