November 3, 2017–Caroleann Gallagher speaking to attorneys about Workers’ Compensation.


NOVEMBER 3, 2017–The Illinois Trial Lawyer Association held their annual Workers’ Compensation Law Seminar in Oak Brook, Illinois.  The Seminar featured leading attorneys in the field, who spoke about developments in the area of Workers’ Compensation Law in Illinois.  Dwyer & Coogan attorney, Caroleann Gallagher, was among the lawyers invited to speak.  As a leader in this field of the law, she discussed recent developments in the area of “Arising Out Of & In the Course of.”  This topic regards whether an injury that occurred at work is covered by Workers’ Compensation insurance.  The question of whether an injury arose out of employment and whether it happened in the course of employment is a key requirement under the law.  Often, Employers and Insurers will seek to deny coverage, or responsibility, for an injury because that means they do not have to pay for medical treatment or disability payments (those are Rights under Illinois Workers’ Compensation Law).

The law requires that an injury “arose out of employment,” which means that it took place while an employee was performing some aspect of the work they do for their employer.  It also requires that an injury happen while the worker was “in the scope” of their employment.  These are legal terms.  Thus, they have a special meaning defined under the law.  They are defined by the Workers’ Compensation Act as well as the Rules and Cases–law that has been decided by Illinois Judges.  It our job as your attorneys to learn the facts of your job, your employer’s operations, and how the injury happened to ensure that your Rights are protected.  We consult with our clients about their Rights and prepare them for cases where the Employer and their Insurer may attempt to deny coverage.

While the denial often comes as a surprise to working people, our lawyers are familiar with these defenses.  Caroleann’s comments explained the kinds of cases that have recently been decided in the Courts and what issues must be addressed in order to prove that injuries must be covered under the law.  She brings her experience with evaluating work injuries, evaluating the evidence, and presenting a case for trial to every client consultation here at Dwyer & Coogan.  Caroleann’s talk was well-received by other lawyers who work in the field of Workers’ Compensation in Illinois and we are very proud, here at the firm, that she could share her knowledge about this area of law.

If you have a question about an injury, including one that happened at work, please call our office to set up a Free Consultation.