From Rejection to Resolution
The case began with a high-stakes struggle for a 49-year-old worker who had spent years performing the heavy-duty tasks of a tree trimmer. In the landscaping and tree care industry, physical strength isn’t just an asset—it is a requirement. With an average weekly wage of $1,575.00 and four minor dependents relying on his income, the stakes could not have been higher. When a workplace accident left him unable to use his arm, he expected the workers’ compensation system to provide a safety net. Instead, he met a wall of silence. The employer and insurance carrier refused to pay Temporary Total Disability (TTD) or authorize the essential medical benefits he needed to recover.
Inside the Industrial Accident
The incident occurred in July 2023 in Buffalo Grove, Illinois. The employee was performing his daily tasks, using a chainsaw to prune branches high above the ground. As he cut through a large limb, it fell unexpectedly. In a split-second reaction, he reached out with his left hand to steady himself while still gripping the heavy, vibrating chainsaw with his right hand. The sudden weight of the branch combined with the torque of the machinery caused his right arm and shoulder to twist violently. The impact was immediate. Pain radiated from his shoulder down to his wrist, accompanied by a chilling sensation of numbness and tingling in his fingers.
For a tree trimmer, whose job involves climbing, reaching overhead, and lifting up to 100 pounds, a shoulder injury is a professional catastrophe. Initial reports documented a significant loss of range of motion, but the insurance company remained unmoved. They treated the injury as a minor strain, even as the worker’s ability to perform his job vanished. He was left in a state of physical and financial limbo, unable to provide for his large family while his employer ignored his growing medical needs.
Turning Strategy Into Justice
The depth of the injury was finally revealed through a detailed MRI in August 2023, which identified a large partial tear of the distal supraspinatus tendon—a critical component of the rotator cuff. By November, the worker underwent a necessary surgical repair. However, even with a surgical diagnosis, the legal battle was far from over. Our legal team analyzed the medical reports and recognized that the insurance company was acting in bad faith by withholding payments.
Jack Epstein’s team immediately took control of the case, filing an Application for Adjustment of Claim and, more importantly, a Petition for an Immediate Hearing under Section 19(b) of the Illinois Workers’ Compensation Act. We didn’t stop there; we also filed a Petition for Penalties and attorney fees, arguing that the denial of benefits was unreasonable and vexatory. We gathered credible medical testimony from orthopedic experts to prove that the worker’s functional limitations—such as the inability to climb trees or lift heavy equipment—were a direct result of the workplace accident.
Settlement That Restored Stability
Our legal team aggressively pursued every avenue of compensation, ensuring that the worker received the surgical care and physical therapy he was entitled to under the law. We navigated a complex web of medical evidence, including a separate abdominal hernia complication that arose during his recovery, which the insurance company tried to use as a reason to stop his vocational rehabilitation. We successfully challenged these delays, maintaining that his primary shoulder disability remained the chief obstacle to his employment.
The strategy forced the insurance company to recognize the full scope of the claim. While the case involved intense motion practice and negotiations over medical bills, the intervention of professional counsel ensured that the worker was not left to navigate the system alone. We secured the authorization for his surgery, continued physical therapy, and the documentation of permanent restrictions that protected him from being forced back into a job that would further endanger his health.
Proven Experience in Every Illinois Case
“Jack Epstein, with 30 years of experience in the Illinois legal market, personally oversaw the case.”
“The client paid nothing until we won the case.”
If your workers’ compensation claim has been denied or delayed, our Illinois legal team can help you recover what you rightfully deserve.
A career in heavy labor shouldn’t end in financial ruin because of an insurance denial. We fought the delays, filed the penalties, and forced the system to work for this father of four.
