Q: What are some of the industries in which you (Peter C. Wachowski)’ve handled claims?
A: Construction, Retail in pretty much every single industry in which people work where they get injured, which is pretty much anybody working.
Q: What are some of your (Peter C. Wachowski) best results in workers’ compensation claims?
A: There are three ways to figure out the value of a case:
1. Nature and extent. These are most cases where someone is able to return back to work and they've made a pretty good recovery.
2. Wage differential. That's where these people cannot work in a job that they had before, and they're earning much less than they used to. These cases are usually a little more valuable than the first way of figuring out cases, nature and extent.
3. Permanent total. This is where the person can never work again, and they're gonna be off for the rest of their lives. Those are really the largest cases because the injuries are so serious and the consequences for life changes are immense.
We have had success with all of these types of cases.
Q: What are some of the challenges or obstacles that you (Peter C. Wachowski)’ve faced in workers’ compensation claims, and how have you addressed them?
A: Obstacles of insurance companies trying to cut your client off, thinking that your client can go back to work and that they're ready to work, and forcing them to go back to work when they're not really ready.
The way you overcome this is you have to get sometimes doctors' depositions and doctors' statements about this, and you have to fight it.
Another area that's open for abuse is utilization review. This is where the insurance company finds some doctor in some other state and feeds them some facts and says, "Is this treatment necessary or reasonable?" The doctor comes back and says no, and they disapprove treatment. Once again, you got to fight it with getting a statement from your doctor, taking your doctor's deposition, going to trial.
Q: How do you (Peter C. Wachowski) assess the potential value of a workers’ comp claim?
A: See one of the answers above, but there are three ways to figure out the value of a case:
- Nature and extent: someone has an injury, and they're able to go back to the same job, perform that job, and function well. That's the majority of cases.
- Wage differential: they're not able to earn what they used to earn. You have to extend that out for their lifetime and figure out a value.
- Permanent total: the most egregious case is where the person is not able to return to any sort of gainful employment whatsoever. Those cases have the greatest value.
You fight for the value of the case plus medical bills plus a medical set-aside. You have to get compensation for everything available in a workers' compensation case.
Q: What factors do you (Peter C. Wachowski) consider when advising a client on whether to settle a workers’ comp claim?
A: You have to consider whether it's a fair settlement. You have to consider whether or not they're going to need future medical, because once you settle, medical gets closed, so you might be better off trying the case sometimes. You have to make sure all the medical bills are paid and everything is covered.
You have to consider whether or not to even file the case if the client is, for example, close to retirement and they've got three years to file the case, but they're 64 years old and want to work one more year and not get retaliated against by the employer. You have to consider timing, things like that.
Q: What factors do you (Peter C. Wachowski) consider when advising a client on whether to settle a workers’ comp claim?
A: You have to consider whether it's a fair settlement. You have to consider whether or not they're going to need future medical, because once you settle, medical gets closed, so you might be better off trying the case sometimes. You have to make sure all the medical bills are paid and everything is covered.
You have to consider whether or not to even file the case if the client is, for example, close to retirement and they've got three years to file the case, but they're 64 years old and want to work one more year and not get retaliated against by the employer. You have to consider timing, things like that.
Q: What are the first steps that you (Peter C. Wachowski)’ll take when a client hires you?
A: Well, assuming that we've gone through the extensive checklist that we have and paperwork with all the questions, which I believe is about 12 pages of questions, and we have all that information. We file an application for a Justia claim, and then we get started. If the client is behind on benefits, we file petitions to get medical treatment and to get paid TTD, which is temporary total disability benefits.
Q: Do you (Peter C. Wachowski) work for a contingency fee, and how is it structured?
A: Yes, we get paid on a contingency fee basis, which is 20%. In death cases, what happens is we get paid every fifth check, which equals exactly 20%. In nature and extent cases or non-death cases where the case is settled or tried, you get 20% of the amount recovered.
Q: What other costs beyond your (Peter C. Wachowski) fee might be involved in a claim?
A: - Fees involved with obtaining the opinions of a doctor in a statement
- Deposition fees of the doctor
- Court reporter fees
- Fees to obtain medical records
- Fees for doctor's examinations
- All of the types of costs that need to be passed on from the claim
Q: Does your (Peter C. Wachowski) firm have relationships with medical or vocational experts who may be needed to support a client’s claim?
A: The answer is yes. We know that people have certain specialties that we can rely on to obtain reports. People that we can go to for things like a vocational rehabilitation report or things like that.
Q: Can you (Peter C. Wachowski) handle personal injury claims against third parties based on work injuries?
A: Yes, of course. Every time we have a workers' compensation case, we screen it to see if there's a third-party claim. We do this by seeing if someone else working for a different company caused this accident to happen. For example, if a delivery person of lumber is arriving at an accident site and one of the subcontractors on the job drops a brick on his head, that's a third-party case and a workers' compensation case.
Q: Can you (Peter C. Wachowski) handle problems involving a client’s job, such as retaliation for filing a claim?
A: Yes, of course. The law is on the employee's side. The employer cannot retaliate against them for filing a workers' compensation case. The problem occurs and the gray area occurs when the employer figures out a pretext for the firing and doesn't blame it on the workers' compensation case, or uses FMLA to replace the employee and put someone in their spot.
Q: What’s the most important advice that you (Peter C. Wachowski) would give someone who has just been injured on the job, other than to hire a lawyer?
A: Whatever you do, don't try to do your employer any favors by changing the facts in the medical records. For example, you don't want to go to the hospital and say, "This happened at my house," because the employer asked you to do that. It's really important that when you are at the hospital, you tell that doctor, "This is an accident that occurred at work," and you tell them the facts and do not lie about a single thing. There is a saying that says, "Any lie will do." Literally, any lie that causes you to lose credibility is going to hurt your case and may even cause you to lose. Just be honest.
Q: What benefits can I receive through workers' compensation?
A: Depending on your case, you may be entitled to payment of medical expenses, temporary disability benefits, permanent disability benefits, vocational rehabilitation, or other benefits provided by law.
Q: Can I choose my own doctor?
A: In many cases, Illinois law allows injured workers to choose their own medical providers, subject to certain rules and exceptions. This is where the two-doctor rule comes into play. You get to pick one doctor, and then that doctor can refer you to another and another and another and another. One day you can say, "I want a second opinion," and that's your second doctor. That doctor can refer you to another and another and another, but you can't then decide, "I want a third opinion."