The Epstein Law Firm Wins Huge Victory For Client and Beats State Farm Insurance Company
J.S. vs. Banner Home Construction; 13 WC 34650
Most people make the assumption that insurance agencies work for the betterment of the people they serve. Just turn on the TV and you can see why. Advertisement after advertisement, insurance agencies convince the masses of their so-called good intentions. The average customer sees these ads, and feels comfort knowing that agencies like State Farm have their back in the case of emergency. But as J.S. found out after he injured himself at work on September 12, 2013, these agencies are not what they appear in their ads.
J.S., an employee of Banner Home Construction, injured himself after he fell between 12-14 feet down a shaft at a construction site. While J.S. managed to land on his feet, he was unable to prevent the damage the impact had on his lower body. Subsequently, J.S. visited multiple doctors who confirmed that the fall had resulted in a fracture in his tibia and damage to his lower back which to this day—almost two years later—still causes him severe leg and lower back pain. With three daughters in college (one of whom is ill and in need of constant medical attention) J.S.’s inability to work made paying the bills even harder.
Nonetheless, J.S.’s employer’s insurance company—State Farm—was not willing to provide compensation for J.S.’s needs. Based on the testimony of Dr. Brackett, a doctor who only saw J.S. once in a preliminary examination, State Farm ultimately attempted to suspend payment of J.S.’s total disability benefits. This action left J.S. without the money to support himself and cover the cost of his substantial medical expenses. J.S., who was counting on the insurance company to have his back in the face of the accident, was in need of legal assistance.
The Epstein Law Firm, believing State Farm’s refusal of prospective care and secession of total disability payments unlawful, succeeded in proving to an arbitrator that J.S.’s injury entitled him to certain basic benefits underlined by Illinois’s workers compensation law. Over the course of J.S.’s arbitration, the law firm established that Doctors Chunduri, Sompalli, and Dixon were all of the belief that J.S.’s pain was genuine and directly caused by the fall at J.S.’s work. With that, the Epstein Law Firm succeeded in convincing the arbitrator that the medical testimony of Dr. Dixon was more persuasive than that of Dr. Brackett, ensuring a win for J.S..
Beyond guaranteeing J.S. received payment for all pertinent medical expenses, the arbitrator ruled that J.S. was entitled to receive payment for any future medical care needed for recovery. This includes coverage for the lumbar spine surgery J.S. is currently awaiting. Moreover, the Epstein Law Firm won that J.S.’s total disability payment needed to be reinstated so that he could continue to support his family. This weekly payment allows J.S. and his family to avoid feeling the full weight of the economic struggles felt by families who do not have a stable employment due to injury.
On April 14, 2015, the Epstein Law Firm finally won victory for J.S. through the Illinois Workers’ Compensation Commotion when an arbitrator filed a decision that J.S. was, in fact, entitled to his full workers compensation benefits. What becomes obvious here, is that when the people who you think have your back—like the insurance companies—turn on you, you need to contact a practiced attorney who specializes in the field of workers compensation. Because companies like State Farm won’t be there for you after the fall. But we, at Epstein Law, will.
Chicago International vs. The Workers’ Compensation Commission and Jose Calderon
On September 14, 2010, Jack Epstein argued the case of Chicago International vs. The Workers’ Compensation Commission and Jose Calderon. On September 30, 2010, the Appellate Court of Illinois, First District found in favor of Mr. Epstein’s client, Jose Calderon. The swift victory – only two weeks after the argument was held – was testament of the great case presented by Jack Epstein and the Epstein law firm.
The case involved an injured worker who required back surgery. The company denied that the back injury had occurred on the job. The company’s defense was that the worker had not complained about his back problems after seeing his family physician several times. The company also alleged that the injured worker had pre-existing back problems and did not suffer any new injury at work.
Attorney Jack Epstein fought hard and proved that the worker injured his back at work. You can hear the argument made by Mr. Epstein in the audio below.
The Appellate Court Argument (Mr. Epstein’s argument begins at the 15:00 minute mark as the company’s attorney speaks first):
Eladio Compres vs. GCC Drum, Inc.
Recently, Jack Epstein and members of the Epstein Law Firm obtained a $4 million jury award on behalf of Eladio Compres. The verdict was obtained after a four day trial in Federal Court before Federal District Court Judge Harry Leinenweber. Mr. Compres had suffered for years at the hands of his supervisors because of his race. The company had admitted the conduct but defended their actions by saying that it was done as a joke and not meant to offend Mr. Compres. Before trial, Mr. Compres was offered one dollar by the company to settle the case. The offer was rejected and Mr. Epstein obtained an award that included $900,000 for mental anguish damages, $1000,000 for lost wages and $3,000,000 for punititve damages – at the time the largest single plaintiff jury verdict in a race discrimination case.
Notably, Mr. Compres had visited several Chicago downtown lawyers who each refused to take his case saying there was no way that Mr. Compres could prove his case. Mr. Epstein was not afraid to take the case and win.
The Epstein Law beats insurance company to win workers’ compensation for client
Undocumented workers are still workers, and they are still eligible for and entitled to workers’ compensation protections. In instances where employers refuse to file workers’ compensation claims for undocumented workers or where an insurance company refuses to provide compensation, a skilled attorney can help protect the worker’s rights. In one such case, the Epstein Law firm was able to obtain compensation for M.G. a bakery worker.
M.G. washed dishes, prepared bread, and served as a line cook for the bakery. As part of this work, she lifted 15-pound trays all day. As a result, M.G. developed shoulder problems, and went to the Cook County Hospital, then her own doctor, who determined that M.G. required surgery. Her employer, however, refused to file a workers’ compensation claim, saying that because she was an undocumented alien, she wasn’t an employee, and later that the company did not carry workers’ compensation insurance.
M.G. came to the Epstein Law Firm, and we explained to her that despite her undocumented status, she had rights in this situation. After investigation, we confirmed that the employer did in fact have workers’ compensation insurance. In response to this, the company hired a doctor, who stated that while M.G. required surgery, that her injury was the result of “old age.” The insurance company used this opinion to justify their refusal to pay for the surgery. They also claimed that M.G. did not provide proper notice to the company when she began feeling symptoms.
The Epstein Law Firm fought the insurance company, and the Illinois Workers’ Compensation Commission found that the employer and insurance company were in the wrong, and ordered the insurance company to pay for M.G.’s shoulder surgery.
Even if you’re an undocumented worker, you still deserve workers’ compensation if you’re injured at work. Contacting an experienced workers’ compensation attorney, like the Epstein Law Firm, can help when your employer or their insurance company try to give you the runaround.
Epstein Law Firm wins injured worker benefits from Illinois Injured Workers’ Benefit Fund
Employees rely on their employers to ensure their health and safety on the job through appropriate precautions and safety measures, as well as through workers’ compensation insurance, in the event that an injury or illness does occur. Under Illinois law, employers are required to provide workers’ compensation insurance for employees; employers who fail to do so may be subject to heavy fines. While many attorneys may believe that there is little that can be done to help workers whose employers don’t carry workers’ compensation insurance, Illinois has a dedicated fund to protect these workers. We were able to obtain compensation from this fund for client R.M.
R.M. was an employee of a car wash and detail shop. On October 29, 2012, while using a buffer on a truck, R.M. fell off a ladder, sustaining a back injury. R.M. received adequate treatment for the injury and was off work for several months. As a result of this incident, R.M. sustained permanent back and shoulder damage. The car wash, however, did not have workers’ compensation insurance to cover R.M.’s medical expenses or lost wages.
After visiting several other attorneys, R.M. found the Epstein Law Firm. We filed filed documents to obtain money from the Illinois Injured Workers’ Benefit Fund, a fund set up under Illinois law to help workers whose employers do not have workers’ compensation insurance. We were able to obtain $40,000.00 in compensation for R.M.
When your employer doesn’t fulfill their obligation to protect or insure you against harm at work, you need to contact an experienced workers’ compensation attorney, one who can help you obtain compensation for your medical expenses and lost wages. Your employer might not have had your back, but the Epstein Law Firm will.
INJURED ON THE JOB?
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