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The Difference Between Workers’ Compensation and Personal Injury

July 15th, 2019 at 9:28 am

Workers’ compensationIL work injury lawyer, Illinois workers comp attorney and personal injury cases are similar in that an injury can be reimbursed with monetary value, but they are two different aspects of the law that require their own unique strategies. The truth is that personal injury rarely comes up when faced with an injury at work scenario. Instead, workers are protected by workers’ compensation.

Workers’ compensation covers missed wages and medical expenses when an employee is injured at work. Most employers are required to have a workers’ compensation insurance no matter the size of their business or how many employees they have. Instead of an employee suing the company they work for, or another employee, workers’ compensation resolves the issue rather than a personal injury lawsuit. However, there are exceptions to this. Certain workers have the right to file a personal injury lawsuit against their employers such as Navy service men or interstate railway workers. Another situation is if a third party involved in a work injury. They can be sued for personal injury, however, the employer still cannot.

The biggest differences between workers’ compensation and personal injury claims are fault, compensation, and consideration of pain and suffering.

In a personal injury accident, the fault of the incident plays a big factor in compensation. In order to win a personal injury case, the fault must be determined. If a drunk driver causes a car accident, then they are at fault for a person’s injuries because they were breaking the law and the accident likely would not have happened if they were sober. When a person is injured at work, the fault is not a factor that is considered when rewarding benefits. A worker could have caused their injury, and they still have the right to collect workers’ compensation benefits. The results would be the same if a co-worker caused the accident.

When a worker gets workers’ compensation benefits for a temporary disability, their medical bills, rehabilitation, and lost wages are covered. A person is compensated more if the injury results in a permanent disability that prevents returning the workforce. A personal injury lawsuit can end in these results as well, but also have the opportunity to win property and lost potential earning damages.

As part of not being able to due to personal injury, an employer cannot sue for pain and suffering caused by a work accident. The benefits given will instead reflect the severity of the injury. For example, more benefits will be given to a person whose leg is amputated versus a broken leg. In a personal injury lawsuit, pain and suffering can be considered when seeking damages in a lawsuit.

Contact a Chicago Workers’ Compensation Attorney

While you cannot sue for personal injury from your employer in most cases, you still deserve appropriate workers’ compensation benefits. If your employer is uncooperative after an injury at work, contact an experienced Cook County workers’ compensation attorney today to have a lawyer advocate on your behalf. Contact us at 630-574-2288 to arrange a free consultation today.

 

Sources:

https://www2.illinois.gov/sites/iwcc/Pages/default.aspx

https://www.law.cornell.edu/wex/jones_act

Informing Your Employer About an Accident at Work

June 28th, 2019 at 5:50 pm

IL workers comp attorney, IL job injury lawyerAfter having an accident at work, you may be nervous to tell your employer. Maybe there is a reputation at your workplace that your company does not take workers’ compensation claims seriously, or employers have been threatened for bringing it up. The truth is that filing workers’ compensation benefits is your right.

Workers’ compensation exists to protect employees after getting injured at work. In the case of an employee temporarily or permanently unable to return to work, workers’ compensation provides financial support to make up for the missed wages. It also may take care of medical bills associated with the work injury. The more severe the injury that prevents working, the higher the payout from your employer’s workers’ compensation insurance.

A person who was injured at work has 45 days to report the injury to their employer. Failing to do so risks your ability to collect workers’ compensation benefits. You may be responsible for the cost of your medical expenses and time needed away from work. A person may delay reporting their injury out of fear or ignorance of their ability to report the injury. Any injuries should be reported to an employer as soon as possible to prevent delays in receiving workers’ compensation benefits.

When reporting an injury to an employer, be mindful of any company policies held by your company. In Illinois, an employee can alert their employer in person or in writing, but your company may require a written statement. Having a written that is dated is in your favor. However, if you do choose to only discuss the accident orally, be sure to keep a record of the exact day and time the conversation took place, and who you spoke to.

Notifying your employer of an injury is the first step in filing a workers’ compensation claim. Upon the discussion, an employer should provide forms to file the claim. After the employer fills out their designed part of the form, they file it with their workers’ compensation insurance company. Just because you file for workers’ compensation, does not mean that it will be automatically granted. However, you have the right to file, the right to fight the decision, and the right to legal representation during the process.

Contact a Chicago Workers’ Compensation Attorney

Obtaining an injury at work can be a life-altering experience that affects you and your family. If your workers’ compensation claim has been denied, contact an experienced Cook County workers’ compensation attorney to protect your rights.  Contact us at 630-574-2288 to arrange a free consultation.

 

Source:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2430

Receiving Workers’ Compensation as a Firefighter

June 14th, 2019 at 9:27 pm

Illinois injury attorney, Illinois workers comp lawyerA firefighter goes to work knowing that he or she may be injured on the line of duty. It is the job of a firefighter to rescue people from dangerous situations, which can put their own well-being at risk. While not every situation a firefighter faces is life threatening to their person when they get injured while performing their duties, deserve workers’ compensation benefits.

Workers’ compensation is insurance required by the majority of employers to protect their employees in the event of an accident. If a worker gets injured and cannot work temporarily or permanently, then workers’ compensation may pay for medical expenses or missed wages. In order to qualify for workers’ compensation benefits, certain circumstances must be met. An injury to qualify for workers’ compensation must have happened as a result of work circumstances.

Firefighters and other first responders are subject to a variety of injuries as a result of their job. Common illnesses where a firefighter could claim workers’ compensation are burns, hearing loss, cancer, head injuries, heart or lung disease, springs, wounds, or hypertension. Firefighters can also be a victim of emotional trauma or PTSD caused by work conditions or scenarios. If a firefighter is the main provider for a family, permanent or temporary disability can put their livelihood at risk. This is why workers’ compensation exists, but it is not always easy to obtain.

Because firefighters serve their city, it is not uncommon for public workers’ compensation claims to be denied. An example of how a government may deny compensation for a firefighter can be seen in a recent Illinois Supreme Court case between the city of Bloomington and one of its firefighters.  The plaintiff in the case was a firefighter who became disabled because of an injury sustained at work. He was issued a pension for his injuries but requested the city of Bloomington continue paying his family’s health insurance premiums. This was initially denied because the city claimed a “catastrophic injury” was not synonymous with an injury causing a disability as the result of work in regard to the Illinois Pension Code. The Supreme Court ruled that they are synonymous, and the plaintiff was granted a disability pension.

Contact a Cook County Worker’ Compensation Attorney

As a firefighter, you protect the city and the people. If the city refuses to protect you and your family after experiencing a traumatic injury on the job call an experienced Chicago workers’ compensation attorney fight for what you deserve. Contact us at 630-574-2288 to arrange a free consultation.

 

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2430&ChapterID=68

https://scholar.google.com/scholar_case?case=1609582251263223911&q=Krohe+v.+City+of+Bloomington&hl=en&as_sdt=400006&as_vis=1

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