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Workers’ Compensation for Mental Illness

October 14th, 2019 at 7:23 pm

mental-illnessIt is recommended to get a physical once a year for healthy adults, but how many times do we check in on our mental health? Mental illnesses can run in the family, but the trauma and stress can also cause mental problems. When we think about cases where workers’ compensation is received, we think of catastrophic physical injuries. However, if a mental condition is developed because of work conditions, it is eligible for workers’ compensation like any other injury or illness.

The difficult part about mental illness and workers’ compensation is proving the illness is work-related. Compensation is much less up to interpretation when someone loses a limb or has otherwise physical markings. It is easy for an insurance company to claim that mental illness has been pre-existing before claimed and that work conditions have nothing to do with it. This is why, like any other work caused illness or injury, it is important to seek medical care right away. If an employee has experienced something traumatic at work, a licensed professional will be able to diagnose the problem and relate it to the workers’ compensation claim.

Mental illness can affect a person’s ability to work. Illnesses that may be covered by workers’ compensation include anxiety, depression, and post-traumatic stress disorder (PTSD). These can either be developed on their own due to witnesses a traumatic event or develop alongside a physical injury caused by an accident. For example, if someone watches their co-workers die during a construction accident, they may be eligible for workers’ compensation if they develop PTSD because of that specific traumatic event. If another worker is injured, and cannot immediately return to work, they may develop anxiety after the accident, and workers’ compensation can be extended to cover the mental illness.

Developing a mental illness from a non-emergency situation will not likely result in being qualified for workers’ compensation benefits. Having a verbally abusive employer can cause anxiety or depression, but unless the disorder can be pinpointed to a time where the employee feared for their life, they are not eligible for compensation.

Contact a Cook County Workers’ Compensation Attorney

Proving that mental illness was developed from trauma experienced at work is an uphill battle. For the best chance of receiving compensation for work-related mental illness, contact an experienced Illinois workers’ compensation attorney. Contact us at 630-574-2288 to arrange a free consultation today.

 

Sources:

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

https://adaa.org/understanding-anxiety/depression

 

Does My Work Injury Qualify for Workers’ Compensation?

September 29th, 2019 at 8:35 am

disabilityIf a person gets seriously injured in their own home, they are responsible for medical costs associated with the accident. If they cannot work after the incident, it will take specific circumstances to file for social security disability benefits. However, if that same accident happens at work, then most employees have protection through their employer’s workers’ compensation insurance.

Workers’ compensation insurance is required for most employers in Illinois. It is in place to protect workers in case of an on-site accident that affects their ability to work, or they develop a disease that affects their overall health. It also benefits employers because instead of an employee suing the company for their injury or illness, they get paid out with workers’ compensation insurance. If an employee cannot return to work because of a workplace-related injury, then the benefits their eligible to receive include:

  • Medical care to reasonably treat the injury or condition acquired
  • Permanent or temporary disability status, where lost wages are compensated
  • Death benefits for surviving family members

For a person to receive workers’ compensation benefits, the injury or illness in question must be work-related. For an injury, it must have happened while at work, or on duty. For example, if a worker was driving to work and got into an accident, they most likely would not be eligible for workers’ compensation benefits. However, if that same worker was driving to a client meeting, they may be eligible because they were driving to conduct business.

An injury must also be serious enough to prevent an employee from returning to the workforce or prevent them from returning to their job. For example, a construction worker with a broken leg likely would not be able to return to their position right away but may be able to do office work. If a worker cannot return to work within three days, their benefits start automatically unless an employer has a written reason why benefits are being denied.

Workers’ compensation benefits may be denied if the employee was participating in violence, or was drunk when the accident occurred at work. If otherwise, the accident was the fault of the employees, they most likely will still receive benefits.

Contact a Cook County Workers’ Compensation Attorney

Even if an employer is following the law, receiving workers’ compensation benefits is rarely a straightforward process. Make sure you receive fair benefits after a workplace accident by calling an experienced Chicago workers’ compensation attorney. Contact us at 630-574-2288 to arrange a free consultation today.

 

Sources:

https://www2.illinois.gov/sites/iwcc/Documents/handbook.pdf

https://www.osha.gov/laws-regs/regulations/standardnumber/1904/1904.5

 

Workers’ Compensation for Flight Attendants

September 17th, 2019 at 8:53 am

Workers’ compensationIL worker comp lawyer, IL job injury attorney claims are often associated with construction workers or other manual laborers. However, most employees qualify for workers’ compensation benefits and have the right to file a claim after being hurt at work. Being a flight attendant allows a person to travel around the world for a living, but there are some dangers these employees face while in the sky. Instead of suing the employing airline for an injury, a flight attendant would file a workers’ compensation claim.

No matter the industry, workers’ compensation is there in the event an employee is hurt and cannot work. Most employers are required to have workers’ compensation insurance should this happens. Workers’ compensation gives security to a worker by assisting in lost wages and medical bills.

Out of 47 jobs ranked by Business Insider, being a flight attendant ranked number eight as one of the most unhealthy jobs based on data from the Occupational Information Network. Flight attendants come into contact with many people from all over the world, and unfortunately, that also means they have the potential to be exposed to infectious diseases in close quarters. Bites and stings are also possible from insects or bugs accidentally brought on a plane. If a flight attendant becomes severely ill from flying alongside a diseased passenger, and cannot work as a result, he or she may have a case for workers’ compensation.

Another danger flight attendants face while on the job is turbulence. This is when there is a change of pressure in the air which causes an aircraft to bump or shake. Often, these are minor occurrences, and passengers of an aircraft are protected by seatbelts and signs indicating if it is safe to move about the cabin. This is not always an option for a flight attendant.

According to the Federal Aviation Administration, eight total crew members were severely injured due to turbulence in 2017. Airlines are required to report injuries due to turbulence that require hospitalization for more than 48-hours. The right amount of pressure can throw a flight attendant into the ceiling. If he or she was serving hot coffee at the time, it could lead to additional injuries.

Contact an Chicago Workers’ Compensation Attorney

Airlines are large corporations that may fight back against a workers’ compensation claim. Any flight attendant working for an Illinois based company is eligible for benefits. If you are unable to return to work due to illness or physical harm, contact an experienced Cook County workers’ compensation attorney. Contact us at 630-574-2288 to arrange a free consultation today.

Sources:

https://www.travelandleisure.com/airlines-airports/flight-attendant-unhealthy-job-risks

https://www.faa.gov/news/fact_sheets/news_story.cfm?newsId=20074

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