Tree Cutter Catastrophic Workers’ Comp Injury: From Denied Claim to $450,000 Settlement

Tree service and landscaping cases can be extremely serious. Workers climb, cut, lift, haul, use chainsaws, work with harnesses, and perform dangerous physical labor at heights. When employers pay cash, fail to report injuries, or call workers independent contractors, the legal fight can become just as important as the medical injury.

If you were hurt doing tree work, landscaping, or outdoor labor, read our broader guide to Illinois workers’ comp for landscapers, lawn care workers, and tree service injuries.

The Tree Cutting Accident

The injured worker was cutting trees when his harness failed. He fell from the tree and landed almost standing up, shattering both ankles.

Falls from trees are some of the most serious injuries we see in landscaping and tree service work. These cases can involve bilateral ankle fractures, heel fractures, foot injuries, spinal injuries, knee injuries, shoulder injuries, head injuries, multiple surgeries, permanent restrictions, future medical care, and loss of ability to return to heavy labor.

For more on severe foot and ankle claims, read how much a foot or ankle injury is worth in Illinois workers’ comp.

Why the Claim Was Denied

When the case came to us, the claim was denied. The employer had tried not to report the injury properly. The employer also tried to pay some bills directly and paid the worker here and there under the table after the accident.

This is a pattern we see in some landscaping and tree service cases. Instead of reporting the injury to workers’ comp, the employer tries to keep it quiet.

That creates problems: no proper accident report, no workers’ comp claim number, delayed medical approval, confusion about who is paying bills, arguments about whether the accident happened at work, wage disputes, and pressure on the worker not to call a lawyer.

If this happens to you, do not wait. Read what to do after a denied workers’ comp claim in Illinois.

The Cash Pay and Wage Fight

The employer also disputed the worker’s Average Weekly Wage because he had been paid cash.

Cash pay is common in tree service, landscaping, construction, roofing, cleaning, and food service. But cash pay does not mean there is no workers’ comp case.

It does create proof issues. In this case, we had to fight over what the worker actually earned and whether the employer’s version of the wage arrangement was accurate.

This matters because Average Weekly Wage affects weekly checks, back pay, permanent disability value, future lost wage value, and settlement leverage.

For more, read Can I get workers’ comp if I am paid cash in Illinois?

Preparing for a 19(b) Trial in Wheaton

Because the claim was denied, we prepared the case for a 19(b) hearing. A 19(b) is often used when an injured worker needs a faster hearing over disputed benefits, medical care, TTD, or other urgent issues.

We appeared in court in Wheaton, Illinois, ready to try the case.

At that point, the defense backed down. They approved medical care, paid approximately a year of back pay, and agreed to our wage calculation.

This is why trial preparation matters. Sometimes the only way to get the insurance company to take a denied case seriously is to prepare it as if it is going to be tried.

If you want to understand how disputed workers’ comp cases are presented, read our Illinois workers’ comp hearing and trial guide.

Medical Treatment, Surgeries, and Permanent Restrictions

After the defense backed down, the worker received years of treatment. His care included surgeries and ankle reconstruction.

Eventually, he was released with permanent desk-duty restrictions. That was a major issue because he was a 59-year-old laborer who had spent his working life doing physical work. He could not safely return to tree cutting, climbing, carrying, or heavy outdoor labor.

Permanent restrictions can change the entire value of a workers’ comp case. The case may no longer be just about the injured body part. It may become about future earning capacity, future medical care, vocational limits, and loss of occupation.

For more, read what happens after permanent work restrictions in Illinois workers’ comp.

$450,000 Settlement After Years of Benefits

After extensive litigation, medical care, surgeries, TTD, and treatment, we negotiated a $450,000 settlement.

The settlement was based heavily on future lost wages, future medical expenses, permanent restrictions, loss of ability to return to tree service work, serious bilateral ankle injuries, the worker’s age and labor background, and the fact that heavy work was no longer realistic.  The insurance company offered over a hundred thousand dollars less and said it was their final offer.  We scheduled a vocational expert evaluation and told them we would prepare for a permanent total disability trial.  After this, they significant increased their offer.

Before settlement, the insurance company had already paid what was likely hundreds of thousands of dollars in medical care and TTD benefits.

That is an important lesson. A workers’ comp case can have enormous value even when it starts as a denied claim.

Lessons for Tree Service and Landscaping Workers

This case teaches several important lessons:

• Being paid cash does not mean there is no workers’ comp case.
• An employer cannot avoid workers’ comp just by failing to report the injury.
• Calling someone an independent contractor does not automatically make it true.
• Average Weekly Wage can be heavily disputed in cash-pay cases.
• Tree service falls can create major future medical and wage-loss exposure.
• Permanent restrictions can drive settlement value.
• Preparing for trial can force the defense to take the case seriously.
• Foot and ankle injuries can settle for just as much as any other loss if the injured worker cannot return to work.

If your injury involved a defective harness, ladder, equipment, property owner, contractor, or another company, there may also be a third-party case. Read Can you sue if you are hurt at work in Illinois?