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Victory at Trial: Spinal Fusion Surgery and Over $48,000.00 in Penalties and Disability Pay Awarded for Work Comp. Client

Written by Brent Eames

August 9, 2023

Illinois workers’ compensation attorneyBrent Eames, obtained a victory at trial this week on behalf of an injured client who suffered a severe spine injury at work, which will require a fusion surgery. This victory not only includes all owed medical benefits and temporary total disability benefits, but it also includes an award of over $18,000.00 for penalties and attorney’s fees which we demanded as compensation for the insurance company’s unreasonable and unfair delays and behavior in the case. These awards of penalties and fees are only awarded in cases where it is established that the refusal to pay results from bad faith or improper purpose. Keep reading to learn more about the case, and why Eames Law Group, Ltd. is consistently ranked amongst the top work comp law firms in the Chicago area.

Our client was working when he slipped on ice and snow outside of a building away from his employer’s premises and landed directly onto his lower back. After he returned to the station, he did not immediately report that he suffered the accident, or that his lower back was hurting. However, after his pain worsened when he got home that evening, he text messaged his supervisor reporting the accident and his resulting injuries. However, his employer disputed that an accident ever occurred and refused to pay any owed workers’ compensation benefits.

At trial, using video surveillance from the location of the accident, Attorney Eames was able to prove that our client suffered the slip-and-fall injury, and that this injury arose out of and occurred in the course of his employment. Then, using the testimony of our client’s treating surgeon, Attorney Eames was able to establish that our client required work restrictions and medical treatment which was not being provided by his employer despite the legal requirements of the Illinois Workers’ Compensation Act. Finally, Attorney Eames was able to establish that the employer’s conduct was unreasonable and vexatious given the circumstances, resulting in a large award of penalties and attorney’s fees.

The Arbitrator found for our client and against the employer on every issue in the case. Our client was awarded payment of all claimed medical expenses totaling tens of thousands of dollars, including the recommended spinal fusion surgery to be performed by his treating doctor. Our client was awarded over $30,000.00 for owed temporary total disability benefits which were never paid but found to be owed following the accident. Finally, our client was awarded over $18,000.00 in penalties and attorney’s fees under sections 16, 19(l) and 19(k) of the Workers’ Compensation Act for what the Arbitrator found to be unreasonable and vexatious behavior in the withholding of owed benefits.

Eames Law Group, Ltd. never stops fighting for our clients, and we will aggressively push cases to trial in order to obtain justice when insurance companies attempt to trample on the rights of our clients.  If an insurance company has denied your work comp claim or refused to pay work comp benefits, you owe it to yourself to contact one of the best work comp attorneys in Chicago, to discuss your rights.  Our firm has been elected to state leadership positions in the area of work comp law, and frequently lectures to other attorneys regarding law, and trial strategies in Illinois work comp cases. If you have been injured, you should immediately contact Brent Eames for a free consultation to discuss your options.

The content of this blog is intended for informational purposes only and does not constitute or establish an attorney-client relationship, nor constitute legal advice. If you wish to discuss any further aspect of the material contained herein, please contact an attorney at Eames Law Group, Ltd.

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