Elena Cincione (she/her) concentrates her practice in workers’ compensation, in which she has extensive experience handling cases from origination through conclusion and trying cases before the Illinois Workers’ Compensation Commission as well as trial and appellate courts.
Prior to joining Nyhan, Elena worked as an attorney in Chicago-area workers’ compensation and civil litigation firms where she led client accounts, drafted and argued motions to dismiss, motions to compel, and sanctions motions in civil cases. She also conducted written and oral discovery and drafted liability and exposure analyses. Throughout her career she has tried over 50 cases before a judge, arbitrator, or jury.
Elena also previously worked as an Assistant State’s Attorney at the DuPage County State’s Attorney’s Office where she tried bench and jury trials. Additionally, she interned at the U.S. Department of Justice in the Antitrust Division as well as externed in the U.S. Attorney’s Office.
Elena is actively involved in the community as a Sustainer Member of the Junior League of Chicago, a volunteer with the Frank Lloyd Wright Trust, and a former Associate Board Member of the Chicago Public Library Foundation. Within the firm, she is dedicated to guiding the growth and development of law clerks and new associates.
- Illinois State Bar Association
- Chicago Public Library Foundation, Associate Board – Former Member, 2017 – 2021
- Junior League of Chicago, Sustainer Member, 2013 – Present
- Frank Lloyd Wright Trust, Volunteer, 2015 – Present
- Speaker, “Case Law Update: Permanency Factors and Other Issues,” Client Presentation, 2017
- Speaker, “Analysis and Application of the Neutral Risk Doctrine,” Client Presentation, 2018
- Represented a healthcare company in a workers’ compensation claim with permanent total disability exposure in excess of $1 million tried on 19(b) Petition. The petitioner alleged a repetitive use back injury and amended the date of accident and mechanism of injury the day of arbitration. By partnering with her client to investigate and present detailed evidence, Elena obtained a zero award despite the amendment and defended the result at every level of appeal through the Appellate Court.
- Represented a food service company in a claim involving a 23-year-old requiring a total hip replacement. Elena worked closely with the client to investigate the petitioner’s work attendance logs, text communications with her supervisor, and detailed accident reports. At arbitration, she established the petitioner could not prove an accident actually occurred, that the reported accident was likely fabricated, and that she refused light duty work. The arbitrator found the petitioner did not sustain a compensable accident and denied benefits.
- Represented a healthcare company in which the petitioner claimed a repetitive use injury. Elena presented evidence of repeated long absences from work under FMLA in the year before the date of loss, thereby disproving a repetitive use accident. The arbitrator relied on the evidence presented by respondent to find that the petitioner did not sustain a compensable accident.
- Represented a village in a claim made by a police officer who alleged he injured his knee while apprehending a suspect and obtained a zero award. Through investigating the petitioner’s history, Elena determined the petitioner had a history of knee problems and did not seek medical treatment for the alleged injury until 11 months after accident. He did not complete paperwork documenting an injury after the accident as he had done when injured on the job in the past.