We invite you to read some of our verdicts and settlements to see for yourself how
Capron & Avgerinos has served its clients.
For more than 20 years, we have helped thousands of clients receive the compensation to which they are entitled, enabling them to restore their lives after an injury.
Steve Smalling wins big at the Appellate Court in May
Schroeder v. Illinois Workers' Compensation Comm'n
Trial court found that Illinois Workers' Compensation Commission erred in finding claimant had shown a causal link between her condition of ill-being and an at-work accident. Commission's decision as to causation is not contrary to manifest weight of evidence. Claimant's consistent reports of pain were not required to be given more weight than changes in her ability to work. Where an accident accelerates the need for surgery, a claimant may recover under the Workers' Compensation Act.Physician's testimony supports inference that accident accelerated need for surgery. (HOLDRIDGE, HOFFMAN, HARRIS, and MOORE, concurring.)
link to the actual case: http://www.illinoiscourts.gov/Opinions/WorkersComp/2017/4160192WC.pdf
Wage differential of $602.51 for torn rotator cuff:
Petitioner underwent 3 surgeries to his shoulder and was unable to return to his job as a Booter for the City of Chicago. As a result, he was forced to look for alternative employment and eventually found work as a security guard making less money than before his accident. Respondent refused to concede that Petitioner was a wage differential and took the case to trial. As a result the Arbitrator found that Petitioner was entitled to $602.51 per week for the rest of his life.
$500,000.00 spinal fusion
Petitioner was injured exiting a piece of machinery in a factory setting. Respondent initially disputed the accident and periodically refused to pay benefits. After being forced to accept the claim Petitioner underwent a spinal fusion and was given permanent restrictions. Petitioner was provided with vocational rehabilitation and returned to school to complete his degree. In addition to the lump sum settlement Petitioner retained his rights to future medical treatment at the expense of the employer.
$250,000.00 and an additional $25,000.00 for future medical, torn rotator cuff
Petitioner injured is right shoulder lifting boxes off a pallet at work. After undergoing surgery to repair his rotator cuff a dispute arose as to whether Respondent could accommodate his restrictions. Respondent initially offered $150,000.00 and refused to increase the offer until threatened with trial.
$300,000.00 plus a Medicare Set Aside for hip replacement
Petitioner was employed by the Respondent as a dock spotter when he injured his low back. After months of treatment Petitioner began to complain of bilateral hip pain. Respondent disputed that the hip pain was related to the original accident. The claim proceeded to trial and continuing benefits and medical treatment were secured for the Petitioner’s bilateral hip condition. Petitioner eventually underwent a right hip replacement and secured Social Security benefits.
$603,006.03 for lumbar fusion
Petitioner injured his low back lifting a box at work. The disputed claim proceeded to trial twice before two separate Arbitrators to secure ongoing benefits for Petitioner. We eventually secured over 367 weeks of continuing benefits at over $600 per week for the Petitioner. At the second trial the Arbitrator awarded $45,000.00 in penalties for Respondent’s failure to pay medical bills that were related to the accident. Respondent’s original offer was $150,000.00.
$200,000.00, $140,000.00 for future medical and 146 weeks of benefits at $651.00 per week for a right knee replacement
Petitioner twisted his knee at work. Respondent initially disputed the extent of the injury and need for a total knee replacement. Petitioner secured surgery and retired with Social Security benefits.
$105,000.00 Grinder Accident
Petitioner lost control of a grinder which proceeded to cut across his chest and left shoulder. Petitioner underwent numerous surgical procedures and returned to full duty work after 90 weeks. Respondent did not alert Petitioner to that fact that he was entitled to any settlement and Petitioner had no idea until a friend mentioned the possibility. Petitioner waited 2 ½ years to file the claim. If he had waited another 6 months Petitioner would more likely than not been barred from any recovery.
$200,000 back surgery
Petitioner injured his low back working at a gas station while lifting a tote of soda. The injured worker wanted to settle the case for $40,000.00 so that he could enroll in an undergraduate program out of state. We convinced Petitioner that a sum of $40,000.00 was too low for the type of injury Petitioner suffered and we were able to secure a settlement five times the amount Petitioner desired.
$31,000 for a bulging cervical disk
Petitioner, a police officer suffered an injury to his low back and cervical spine. Petitioner never missed a day from work and continued to lift weights and work out throughout his course of medical treatment. As a result, Respondent, on two separate occasions, denied physical therapy and forced Petitioner to proceed to trail to secure the physical therapy recommended by his doctor. This case represents the work ethic at Capron & Avgerinos and desire to fight for even the most limited course of recommended medical treatment.
A 44 year old printer to receive weekly disability checks
...was injured when his hand was caught in a printing press. In addition to the obvious crush injury to his hand, he alleged a neck and lower back injury stemming from the forces exerted while attempting to extract his hand from the press. The insurance carrier denied any responsibility for the neck and lower back injuries. After an arbitration hearing, the insurance carrier was ordered to provide for the treatment of those injuries. The decision was upheld on appeal.
After two years of orthopedic treatment, the claimant was referred for a series of injections by a pain management specialist. The insurance carrier had the claimant examined by one of its doctors who concluded that such treatment was unreasonable and unnecessary. Once again, an arbitration hearing was held. Once again, the insurance carrier was ordered to provide for the treatment. Once again, the arbitrator's decision was upheld on appeal.
The claimant is currently receiving his pain management treatment. He continues to receive weekly disability checks and his case remains pending.
Union Carpenter nets $450,000.00 for back injury
A 42 year old carpenter injured his back unloading plywood and installing doors. Following surgery, he was restricted by his doctor from returning to work in the trades. Through settlement negotiations conducted by our office, we were able to secure a lump sum payment of $330,000.00 plus an additional $145,000.00 to fund an annnuity which will generate a stream of income into the future. The structure of the settlement package allowed our client to start his own business and return to the workforce.
Moving claim from Kansas to Illinois nets client over $500,000.00 in benefits
A 62 year old construction worker residing in Missouri while working for a Kansas employer was injured on the job in Illinois. The employer's insurance carrier commenced payment of benefits under Kansas laws which are unfavorable to injured workers. After retaining our office, the claim was filed in Illinois which had concurrent jurisdiction. Within 45 days, we secured $47,000.00 in underpaid benefits on his behalf. Six months later the claim was settled for $490,000.00 plus the funding of an account for future medical expenses.
$225,000.00 Recovered in Disputed Repetitive Trauma Claim
Our client worked as a senior field technician installing GPS units in trucks. Her job required her to work in awkward positions under dashboards. We alleged that the physical activities of the position lead to neuritis of the common peroneal nerve ot the right foot together with low back problems. The insurance carrier denied the claim and accused our client of malingering and contended she could return to full duty work. We secured an independent FCE which confirmed our client's disability and physical limitations. The case was arbitrated with a decision in our favor. The carrier was ordered to pay for necessary medical treatment which allowed our client to return to the workforce.
Appellate Court Victory results in $360,000.00 Recovery for Auto Mechanic
Our client suffered a career ending shoulder injury as an automotive technician. After participating in the employer's sponsored vocational rehabilitation program, he secured a lower paying job and we sought payment of lifetime wage differential benefits. To lower its exposure, the insurance carrier attempted to restart the vocational plan and cut off his benefits alleging non-cooperation with the new job search. We took the case to the Appellate Court which held he was not obligated to undergo a second round of vocational rehabilitation and upheld the lower court's calculation of the wage differential benefits. $80,000.00 in back due benefits were secured and the claim settled for an additional $280,000.00.
$1.75 Million Wrongful Death Settlement against JW Marriott
Our office was retained to represent the estate of a loving husband/father who died after contracting legionnaires' disease while visiting the JW Marriott Hotel in downtown Chicago. Legionnaires disease is a severe form of pneumonia caused by a bacterium know as Legionella. Investigation revealed the bacterium likely developed in a lobby fountain of the newly renovated hotel. While the bacteria are found naturally in the environment, usually in water, high concentration of the organism can develop in water systems that are not properly maintained. The claim was settled following two mediation sessions with representatives of the corporate defendant.
Construction worker settles lower back injury claim for $360,000.00 plus lifetime medical benefits.\
Our client required a fusion of his lower back after slipping on steeply graded ground while working. He was not able to return to his regular job and required the ongoing care of a pain management physician. We were able to successfully settle his claim for a lump sum of money, and to secure for him access to medical care for the rest of his life.
Over the road truck driver settles low back injury for $215,000
Our 50 year old client injured his back when he slipped and fell from his truck. He did not require surgery. After a series of steroid injections, it was determined that he had a 50 lb. lifting restriction, which did not enable him to return to his regular job. Prior to the settlement, we secured the payment of nearly 225 weeks of disability benefits and vocational services for our client.
Truck driver settles broken leg/pelvis for over $118,000
Our 60 year old client was changing a tire by the side of the highway when he was struck by a piece of debris that had fallen from a passing truck. We established that he was being undercompensated for his lost time from work because the insurance carrier did not take into account his mandatory overtime earnings. In addition to the settlement proceeds, we negotiated a separate fund of over $20,000 to cover any future medical expenses, even though the doctor had prescribed no further treatment.
Forklift mechanic obtains over $208,000 settlement for shoulder injury
Our client sustained a torn rotator cuff when a pulley slipped, forcibly extending her right arm. She required surgery, which was uncomplicated and reasonably successful. She was not, however, able to return to her regular line of work. Many of her problems stemmed from a psychiatric condition, which her treating doctor was unable to link to her accidental injury. Despite this, we were able to convince the insurance carrier that the future orthopedic problems were significantly sufficient to justify the settlement.
Automobile mechanic settles shoulder injury for $207,000
A 51 year old mechanic suffered a torn biceps tendon while lifting a tire into an SUV. In addition to having shoulder surgery, he developed carpal tunnel syndrome several months later: We proved that this was related to his accident. The initial settlement offer of $71,000 was rejected, and we developed vocational evidence to prove that his earning capability was affected by virtue of his injuries.
Truck mechanic settles workers’ compensation case for shoulder injury for $225,000.00
Our client required shoulder surgery after injuring his shoulder while lifting a fuel sending unit. After the completion of his medical treatment, the insurance company felt that he was able to return to his full duty job as a truck mechanic. We developed medical evidence reflecting his inability to perform all of the essential functions of his job and took the case to arbitration. We received a successful award for lifetime wage differential benefits, and subsequently settled the matter while on appeal.
Pressman settles workers’ compensation case for $150,000.00
We represented a pressman who injured his shoulder after slipping and falling at work. The residual effects of the injury would not permit him to return to his regular job. Because our client was fluent in both English and Spanish, we were able to secure for him a vocational rehabilitation program by which he was trained as a medical translator. He was able to return to this job earning very nearly what he had been able to earn as a pressman.
Driver of a semi truck settles personal injury case for $450,000
Our client was an over the road truck driver who was injured when his truck was rear ended by another truck at a toll booth in Rockford, Illinois. He sustained lower back injuries that necessitated surgery. However, his employer’s workers compensation carrier disputed the need for surgery and the driver’s ongoing disability. Initially, the workers’ compensation claim was denied, but we took the case to arbitration and won there and on appeal. By arbitrating the case, our client preserved his right to future medical treatment, in addition to lost time and additional permanent disability benefits. We then prosecuted the personal injury claim against the other truck driver. That defendant raised the same defense, contending that our client only sprained his back. Yet we persisted and settled the case before it went to trial.
41 year old production worker receives a settlement for a low back injury after a slip and fall at work
The accident aggravated a pre-existing condition for which her doctor had prescribed surgery several years earlier. Following the work injury, she underwent back surgery. The case was disputed, based on the employer’s independent medical examiner, who said she had been diagnosed with a herniated disc, and that the work accident did not aggravate the pre-existing condition. The treating doctor disagreed, and the case was settled for $170,000.
$158,000.00 settlement of a workers’ compensation claim for a 49 year old truck driver who injured his neck while lifting a tire
At the outset, poor histories contained in the medical records led the carrier to completely dispute the claim. After we established the causal connection and extent of the disability, the claim was ultimately settled.
$150,000 for elbow injury sustained by a 46 year old physical therapist
The case settled, based on disability to her body as a whole as opposed to merely her arm, because the injury precluded her from returning to her regular job and required her to change her occupation.
Injured iron worker settles case for $425,000.00
A 50 year old ironworker required a knee replacement after injuring his leg at work. The resulting limitations precluded him from returning to his regular job and necessitated vocational rehabilitation. After he was placed in an alternative job, the case was settled on the basis of his future lost earnings, in addition to payment of funds to cover future medical expenses associated with his knee replacement.
Sheetmetal worker found to be permanently and totally disabled awarded lifetime weekly benefits and medical expenses
A 56 year old self-employed sheet metal worker retained our office after injuries he received forced him to shut down his business. The workers’ compensation carrier refused to provide vocational rehabilitation or engage in meaningful settlement negotiations. We retained a vocational expert whose opinions at arbitration supported the finding that the client was permanently and totally disabled. Settlement offers tendered before and after the hearing were rejected. Our client will now receive weekly benefits for life in addition to future medical care for his injuries.
$236,000.00 award in favor of Iowa truck driver injured in Illinois
A 43 year old resident of the Quad Cities retained our office following a back injury sustained in Chicago. After he was recommended for surgery, his employer had him examined by a physician who concluded he suffered a minor strain, and his current condition was attributable to a preexisting degenerative back condition. All benefits were denied. The case proceeded to arbitration where we prevailed. After losing its appeal before the Commission, the workers’ compensation carrier for the employer settled the case for full value, including funds for future medical treatment.
Chicago Board of Education gets a lesson in the law
Our client is a teacher’s assistant who sustained serious head trauma following a fall at work. Private investigators hired by the Board followed her around in a van attempting to obtain damaging evidence. Her benefits were terminated based on opinions of a doctor who relied on the contents of a surveillance tape, which depicted her utilizing a cane for assistance in ambulating. At arbitration, we used the videos to establish her credibility, resulting in a rejection of the Board’s doctor and an award of benefits in the client’s favor. The Board chose not to appeal the decision.
$40,000 additional payment awarded
An office sales representative living and working in Florida was injured when she fell at O’Hare Airport while on a business trip. She sustained a torn rotator cuff and settled the claim under Florida law for $20,000. After consulting with our office about her rights in Illinois, a new claim was filed and an additional payment of $40,000 was secured.
Weekly benefits awarded for a substantial undisclosed sum
A 23 year old machine operator developed a gradual onset of arm and shoulder pain. His doctors felt that the condition was the result of the repetitive trauma associated with his job. The arbitrator denied benefits, because the worker could not quantify the number of repetitive motions involved in the operation of his machine on an hourly or per shift basis. The Appellate Court reversed the decision in favor of our client; this was the first case in which the Appellate Court held that an injured worker does not have to attach a specific number to the frequency of his “repetitive trauma.”
Lifetime medical benefits
A hospital refused to authorize medical treatment for one of its nurses to treat a painful work-related condition known as reflex sympathetic dystrophy, contending her condition had stabilized and the treatment would not cure her. The employer was defeated at arbitration, before the Illinois Workers’ Compensation Commission and the Circuit Court. Our client’s right to lifetime medical benefits was affirmed by the Appellate Court in a published decision which will support any injured worker who requires ongoing medical treatment for a work related injury.
Lifetime weekly disability and medical benefits
A 40 year old hospital food worker injured his back while carrying a pot weighing 80 pounds. The employer raised issues about the worker’s employment with other companies and the treatment involving his back condition after leaving the hospital’s employ. An arbitrator found the worker to be 10% disabled from the hospital incident. We appealed the case and obtained a reversal in favor of our client on all issues. The Workers’ Compensation Commission found that he was permanently and totally disabled and that his condition was the result of the original injury.
Appellate Court awards compensation for low back pain
A 51 year old machinist endured the gradual onset of low back pain while lifting heavy materials over the course of several months. His claim was denied at arbitration because it was held he had not suffered a specific accident. Our office took over the case on appeal and secured a reversal of the decision. This was the first case in which the Illinois Appellate Court sustained an award of benefits for the gradual onset of a low back injury.
Future payments for burn incident
Our infant client was severely burned when coffee was spilled on her in a restaurant in Clinton, Iowa. A settlement reached with the defendant’s insurance carrier will provide her with a stream of income starting at the age of 18 that will allow her to go to college or pursue a career of her choosing.
Lifetime weekly wage differential and medical benefits
A 39 year old carpenter fell from scaffolding, severely fracturing his right hand. Permanent restrictions forced him from the trade, and he was retrained as a computer technician, but was only able to work at a lower wage. Because future treatment was indicated by the surgeon, we took his case to arbitration and secured the award that he rightfully deserved.
Lifetime differential wage and medical benefits.
When an auto mechanic’s arthritic knee condition prevented him from returning to his regular job, we took his workers’ compensation case to arbitration. The judgment of the Workers’ Compensation Commission now provides him with weekly benefits for life that make up for his inability to secure a comparable paying job. He likewise will be entitled to medical benefits for life if further treatment to his knees is required.
$125,000 and a $36,000 trust for future medical expenses
A 60 year old laborer sustained multiple injuries in a work related accident, including head trauma. The workers’ compensation carrier disputed the claim and contended his disability was unrelated to the accident. The Iowa Workers’ Compensation Commission ultimately approved a settlement, including a trust to help pay his future medical bills.
Our client slipped and fell down a staircase striking his head. The injury produced residual effects including seizures, forcing him to return to work in a different capacity. The extent of his disability was contested by the employer who ultimately agreed to pay the sum of $143,000 for his injury.
$200,000 awarded in arbitration
Our client fractured his hand, requiring surgery utilizing a bone graft from his hip. Complications developed necessitating a second surgery and the imposition of permanent work restrictions. After we successfully established the extent of his disability at arbitration, the claim was ultimately settled.
$236,000 plus $13,500 in accrued interest affirmed by the Illinois Workers’ Compensation Commission and the Circuit Court
Our client injured her knee while working for a major media company. The employer contended that the injury was little more than a strain, soon terminated all benefits, and extended an offer of $10,500 to settle her case. We rejected the offer and took the case to arbitration. Through doctors’ testimony, we established that she suffered from chronic regional pain syndrome, requiring that a spinal cord stimulator be implanted. She was found to be 50% disabled and was awarded a substantial payment of all medical bills and temporary total disability benefits over a four year period—plus the interest that accrued while the employer fought the case.
$240,000 and $130,000 in a trust to cover future medical expenses
A 56 year old client aggravated a pre-existing condition in her back while operating a forklift. The injury necessitated a spinal fusion and the need for future treatment was indicated. The employer agreed to pay our client for her disability and to fund a trust to cover any future medical expenses.
Our 60 year old client injured his left shoulder when a wall collapsed on him. After undergoing multiple surgeries, he could not return to his former job as a bricklayer and had to leave the trade. The settlement negotiated by our office provided a solid foundation for his retirement goals.
Jury verdict in excess of $245,000
An Indiana couple was injured in Montgomery County, Illinois when a drunk driver struck their vehicle. The husband sustained soft tissue injuries, and the wife suffered a fractured sternum, a fractured thumb, contusions, and lumbar strain. The verdict was reported as being both the highest total and individual verdict in the history of Montgomery County.
$300,000 settlement, plus future medical expenses
When a valve failed on the employer’s premises, our client sustained burns to various parts of his body and a torn meniscus in his left knee. The case settled, and the employer also was required to fund a set-aside trust to pay for any of the client’s future medical expenses.
A flight attendant from London was injured in an automobile accident in Chicago on the way to the airport. Her British employer seemingly ignored the claim and paid no benefits pursuant to Illinois law for more than two years. She came to us for help, unaware that she might be entitled to benefits under our legal system. After filing her claim, we secured weekly disability payments and ultimately negotiated a settlement of her case.
Appellate Court awards more than $450,000, plus medical benefits for life
A 51 year old cement finisher suffered a heart attack while on the job, but the employer disputed his right to benefits. Our office took his case to arbitration where he was awarded $577.77 per week for life, together with medical benefits. Two years later the client needed a heart transplant, and the insurance carrier once again refused to pay the bills. Following a second arbitration hearing, the client was awarded more than a quarter million dollars in medical expenses and $150,000 in penalties and attorney’s fees. The Appellate Court affirmed the decision, and the case ultimately settled.
Jury verdict in excess of $400,000
A 40 year old laborer hired to remove stucco from a storefront in Kankakee, Illinois sustained a severely comminuted fracture of his humerus when a wall collapsed on him. The fracture required two surgeries and the insertion of a metal rod into the bone. Our investigation uncovered building code violations that led to the collapse and had not been disclosed to the client by the building owner. After we rejected an offer of settlement recommended by the judge, the case proceeded to trial and resulted in one of the highest county verdicts obtained in the past several years.
$444.26 per week for life, compensating the client for the differential in earning capacity
A cement mixer operator sustained a serious injury to his wrist, requiring multiple surgeries, a pin in his wrist, restrictions on lifting more than two pounds, and the possibility of wrist fusion in the future. His municipal employer disputed the extent of the wage loss, and the case was arbitrated. The client was ultimately awarded lifetime compensation for the difference in his earning capacity.
A union maintenance worker sustained multiple injuries to his body, including a slipped disk, necessitating back surgery. The employer was unable to accommodate the physical restrictions on the employee’s work, and he returned to a lower rate of pay with a different employer.
An auto mechanic injured his neck and shoulder while installing a car battery. Following surgery, he was released to return to work without restrictions, and his case was settled.
A 54 year old maintenance worker sustained multiple injuries over a two year period, ultimately necessitating back surgery. Permanent light duty restrictions were imposed on him, and he was determined to be eligible for social security disability as a result of his inability to return to work.
52 year old dock worker stepped in a hole, injuring both of his knees. After undergoing surgery on both knees, his physician released him to return to work with a 75 pound lifting restriction.
$168,598 awarded in arbitration
A 56 year old union mechanic sustained a herniated disc in his low back, resulting in restricting his work to light duty. The employer had disputed the cause of his back condition and his entitlement to workers’ compensation benefits. We won the case in arbitration.
A 53 year old maintenance worker sustained fractures to his thoracic spine and wrist necessitating surgery. The injuries kept him from returning to work at the same rate of pay. We negotiated a settlement on his behalf with the insurance carrier, assuming that he was still employable at a lesser rate of pay.
A machine repair operator injured his back, necessitating surgery. The client’s employer completely disputed the case, and the insurance carrier offered no compensation. We took the case to arbitration and after presenting numerous witnesses, we negotiated a favorable settlement for our client.
A 32 year old carpenter was injured when his scaffold collapsed, fracturing his left ankle. He was treated and released with the restriction of “medium” duty work, which prevented his return to work as a carpenter; however, he did find other employment.
$200,000 award, in addition to weekly wage differential benefits, ensuring the client a lifetime income stream
A 51 year old caseworker slipped and fell on ice in the company parking lot, striking her head. Afterward, she developed a variety of physical problems, which affected her lower body, neck, both knees, and both hips. The case proceeded to trial, we proved a causal connection to the original injury, and won on all issues.
A 59 year old maintenance worker suffered injuries requiring surgical removal of a cervical disc and a spinal fusion, resulting in permanent work restrictions and an inability to return to his former occupation. We established the extent of his disability and negotiated a settlement.
$313,000 settlement and a set aside fund, insuring all the client’s medical needs for life
Our client, a 51 year old engineer, injured his knee while repairing a machine. A relatively minor cyst on the knee became dangerously infected, resulting in sepsis. The infection affected his brain and rendered him psychiatrically disabled.
A 36 year old automobile body man developed bilateral carpal tunnel syndrome and epicondylitis. He was treated and released to work, with permanent restrictions on his physical activity.
As a result of a fiery explosion at his work place, a factory worker sustained multiple serious injuries throughout his body, including burns, fractures, lacerations, hearing loss, and a traumatic closed head injury. The employer disputed the client’s disability and work capacity.