Heyl Royster has a long tradition of helping businesses and insurers handle workers' compensation claims in an aggressive but fair and cost effective manner. In the past, many employers perceived workers' compensation as just another cost of doing business. In recent years, that perspective has changed as workers' compensation costs have escalated.
Increased benefit amounts, more frequent penalty awards and an "employee friendly" Illinois Workers' Compensation Commission have contributed to these cost increases. At the same time, the issues in workers' compensation cases have become more complex. Medicare Set-Asides, Social Security and disability offsets, frequent claims of permanent total disability, temporary partial disability and wage differential benefits, utilization review and penalty avoidance are issues that require attorneys with expertise and experience.
Heyl Royster's workers' compensation attorneys are uniquely able to meet this need. We handle all types of matters relating to workers' compensation and employer liability. In addition to appearing at every arbitration call and review location, we also counsel our clients in the related issues of risk management, ADA, retaliatory discharge and FMLA. We are available to counsel our clients on how to achieve the employment culture that best suits their business model.
With five offices throughout the State of Illinois, we can provide our clients the unique advantage of working with one defense firm for all of their workers' compensation cases statewide. This economy of size is virtually impossible to obtain when dealing with a number of law firms on a smaller scale. By handling a greater volume of cases for a client and having offices close to each of the venues at which we appear, we offer the highest quality of legal service at a lower per case cost. A client who retains multiple law firms throughout the state cannot achieve this type of efficiency.
Our attorneys are also highly respected by the arbitrators and commissioners of the Illinois Workers' Compensation Commission, for their expertise, experience and their integrity. We aggressively defend our clients before the Illinois Workers' Compensation Commission when workers' claims are not work related or petitioners are excessive or unreasonable in their demands. Our appearance at the Commission will usually alert the arbitrator that there may be a substantial problem with a petitioner's claim. Representing all types of employers, our clients range from small businesses to large manufacturers, including carriers, self insureds and self insureds with third party administrators. In addition, we have an Appellate Department dedicated to handling workers' compensation appeals.
Heyl Royster workers' compensation attorneys closely follow trends and developments both at the Illinois Workers' Compensation Commission and in the Illinois Legislature, so that we can stay ahead of the game. We served as technical advisers to the Joint Employers during the negotiations that culminated in the 2005 amendments to the Illinois Workers' Compensation Act. We are actively involved in the Employment Law Committee of the Illinois Chamber of Commerce, the Illinois State Bar Association section on workers' compensation, and the Illinois Self Insureds Association. One of our partners is an Adjunct Professor of Law at the University of Illinois College of Law, where he has taught workers' compensation law to upper level law students for the past eleven years. No firm can boast the experience and expertise of Heyl Royster.
We are also highly regarded within the medical community for our defense of workers' compensation cases, and due to our extensive experience throughout the State, we are able to provide our clients advice and expertise on specific doctors and medical providers. We also offer in-house seminars and annual presentations on legal trends affecting workers' compensation cases, as well as comprehensive updates on recent cases, rate information and statutory changes. By maintaining a close working relationship with clients, we can help manage their workers' compensation costs through a total awareness of the Illinois workers' compensation environment.
Listed below are some of the areas of workers' compensation law where we are the most active:
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Medicare Set-Aside issues
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Fraud referrals to the Illinois Department of Insurance
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Complex claims
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Independent contractor issues
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Death claims
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Claims of permanent total disability and/or wage differentials
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Disputes for "accident" and "causation"
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Psychological trauma claims
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Claims with multiple respondents
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Illinois workers' compensation review and appeals
Resources
Chapters from the IICLE Workers' Compensation Handbook
- Medicare Secondary Payer Statute - PDF
- Medicare Secondary Payer Statute Update - PDF
- Social Security Disability Offsets - PDF
- Social Security Disability Offsets Supplement - PDF
CompCalc is a software calculator that is used to calculate workers' compensation benefits under Illinois Law. It is provided free of charge to clients, prospective clients and fellow lawyers in appreciation for their legal referrals.
Representative Clients
Advantage Logistics
BroMenn Healthcare
Bunge North America
CCMSI
Central Mutual Insurance
Champaign County Sheriff
Cincinnati Insurance
Dot Foods
G & D Trucking
Henkels & McCoy, Inc.
Kraft Foods, Inc.
Liberty Mutual Insurance
McLean County
Mitsubishi Motors North America, Inc.
St. John's Hospital, Springfield
St. Mary's Hospital, Decatur
Star Transport
Supervalu, Inc.
Titan Wheel
Travelers Insurance
University of Illinois
Zenith Insurance
Significant Cases
- Dodson v. Industrial Commission 308 Ill. App. 3d 572 (5th Dist. 1999) Issue of whether employee's fall on wet grass slope while walking to her car after work arose out of her employment.
- Ealy v. Industrial Commission 189 Ill. App. 3d 76 (1989) Compensability of slip and fall outside of employer's premises.
- Pryor v. Industrial Commission 266 Ill. App. 3d 497 (1994) Accident occurring on personal farm owned by president of corporation is not compensable.
- S & H Floorcovering, Inc. v. Workers’ Compensation Comm’n 373 Ill. App. 3d 259 (4th Dist. 2007) Court signaled intent to give deference to arbitrator's fact-findings where Commission references reverses arbitrator's conclusions without the Commission having received any new evidence.
- Radosevich v. Industrial Comm’n 367 Ill. App. 3d 769 (4th Dist. 2006) Section 19(i) interest runs from date of award; Section 2-1303 interest commences only when circuit court enters judgment on award under Section 19(g).
- Bernardoni v. Industrial Comm’n 362 Ill. App. 3d 582 (3d Dist. 2005) Frye standard for evaluating admissibility of expert or scientific evidence applies to workers' compensation proceeding; Illinois does not recognize claims for multiple chemical sensitivity (MCS).
- Pearson v. Industrial Comm’n 318 Ill. App. 3d 932 (3d Dist. 2001) Outlines steps to establish volunteer fireman status and rejects application of emergency doctrine.
- Deichmueller Const. Co. v. Industrial Comm’n 151 Ill. 2d 413 (1992) Employer's appeal bond must be signed by individual with authority to bind employer to financial obligation represented by bond; attorney cannot sign unless authorized by said individual.
- Arlene Bernardoni v. Huntsman Chemical Corp. Applied Frye principle to Illinois workers' compensation in the defense of an occupational disease/exposure claim.
- Richard Urbanski v. Deichmueller Construction Co. Defined jurisdictional issue in workers' compensation review.
- S & H Floor Covering, Inc. v. Workers' Compensation Comm'n 373 Ill. App. 3d 259 (4th Dist. 2007) Court opened the door for giving "an extra degree of scrutiny" to the Commission's decision where the Commission makes credibility determinations regardless of the arbitrator's findings.
- Farris v. Industrial Comm'n 357 Ill. App. 3d 525 (4th Dist. 2005) Held that in cases where the employee loses five or more days of work during the 52 weeks prior to the injury, the lost time (to the extent not due to the fault of the employee) should be deducted from the wage calculation.
Publications
- "Illinois Workers' Compensation and the Medicare Secondary Payer Act," Illinois Workers' Compensation Law, Chapter 27 (2009-2010 Edition)
- "The Workers' Compensation Experience; The Medicare Secondary Payer Act and Medicare Set Aside Issues; Medicare and Medicaid Awarding Post-Judgment and Post-Settlement Litigation," Illinois Defense Counsel Quarterly (2009)
- "Medicare and Future Medical Expenses; Does the Super Lien Apply?" Illinois Bar Journal 2010
- Website Editor: http://www.IllinoisComp.com
- Website Editor: http://www.MedicareApproval.com
- Author: CompCalc Illinois Workers' Compensation Software, http://www.compcalc.com
- "An Overview of Repetitive Trauma Claims," Illinois Bar Journal (1992)
- Illinois Workers’ Compensation Law, 2009-2010 ed. (Vol. 27, Illinois Practice Series), published by West (2009)
- "Workers' Compensation Appellate Procedures," ABA Committee Newsletter (2007)
- "Medicare, Workers' Compensation and Set Aside Trusts," Southern Illinois Law Journal (2002)
- "Survey of Illinois Law-Workers' Compensation," Southern Illinois Law Journal (1991)
- "Economic Disability and Earning Capacity: A Historical Analysis for Wage Differential Claims," Illinois Defense Counsel Quarterly (2006)
- "The Normal Daily Activity Exception to Workers' Compensation Claims," Illinois Defense Counsel Quarterly (2004)
- "Appeals in Workers' Compensation Cases, A Survey," ABA Committee Newsletter (2007)
- "Economic Disability and Earning Capacity: A Historical Analysis for Wage Differential Claims," Co-author, IDC Monograph (2006)
- "Personal Comfort Doctrine," IDC Quarterly (2008)
- "2005 Illinois Workers' Compensation Cases," ABA Committee Newsletter (2005)
- Workers' Compensation Practice on Appeal," NIU Law Journal (2002)
- "Workers' Compensation Appeal Bonds," Illinois Defense Counsel Quarterly, Columnist, Appellate Practice
- "Workers' Compensation in Illinois"
- Chapter 7 - "Medicare Secondary Payer Statute," Illinois Institute of Continuing Legal Education, Illinois Workers' Compensation Practice Handbook
- Chapter 12 - "Social Security Disability Offsets," Illinois Institute for Continuing Legal Education, Illinois Workers' Compensation Practice Handbook
