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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

Returning to Work After Workers’ Compensation

May 31st, 2019 at 3:26 pm

work-injuryWhen a person is awarded workers’ compensation, it means that their life was altered due to an accident or situation at work. In most cases, an injured person needs to take leave from work unless deemed permanently totally disabled and unable to return to the workforce. Depending on how long you were out of, returning to work may feel awkward, especially if you are still not at your best. Being out of work may make you feel guilty as well, but receiving workers’ compensation is your right.

Workers’ compensation exists to make sure employees are secure after being injured at work. The legally mandated insurance for employers will pay for medical expenses and lost wages of employees found to qualify for the benefits after an accident. All employees are eligible for benefits under workers’ compensation, even if an accident was their fault. However, any injuries must be caused by an element of employment, and be more serious than a first aid kit could handle, in order to qualify for the benefits.

When healing from a work-related injury, your doctor will be who clears you to return to work. It may be ordered that you rest until maximum medical improvement, or you may be cleared to return to work with a modified schedule or tasks. This is when a person is deemed temporarily disabled, or permanently disabled with a partial impairment. When you are cleared for work it is important to notify your employer and workers’ compensation representative.

When returning to work, create a plan with your employer for your integrating back into your job. A person returning to work after a traumatic injury may have work restrictions as ordered by your doctor. Your employer should have a copy of these restrictions. While you may want to jump back into work, not going past these restrictions is crucial to your continuing recovery and health. It is possible your employer may find alternative work to accommodate your injury.

Although you cannot be fired for filing workers’ compensation, if you cannot be incorporated back at your old job, an at-will employee can be let go for any reason. Not accepting a position from your employer may make you lose your workers’ compensation.

Contact a Chicago Workers’ Compensation Attorney

Navigating employment after experiencing a workers’ compensation can be difficult alone. If your employer is not willing to accommodate your disability, contact an experienced Cook County workers’ compensation attorney to assist in your life after a traumatic injury. Contact us at 630-574-2288 to arrange a free consultation.

 

Source:

http://www.iwcc.il.gov/act.pdf

 

Occupational Diseases That Affect the Lungs

May 17th, 2019 at 6:00 pm

IL work injury attorneyWorkers’ compensation is often associated with a one time incident at work that has caused an injury. Whether an injury has prevented an employee from returning to work, workers’ compensation is there to protect workers in the event that their well-being is affected by their job. Certain industries, particularly construction or manufacturing, use materials that are potentially damaging to workers. Constantly interacting with harsh chemicals and substances can make a worker permanently ill.

Although it is difficult to prove that a substance at work has caused an occupational disease, workers’ compensation is there to provide after the fact. Most employers are legally required to have workers’ compensation insurance.  Illnesses caused by harsh materials may require intensive and expensive medical treatment. There is also a possibility that the illness can or will prevent future work. If it can be proven that a substance at work has made an employee sick, then financial compensation is possible to live comfortably after a diagnosis.

The following are two common diseases that can be occurred by workers with exposure to dangerous substances.

Asbestos Poisoning: After the 1970s products with asbestos became heavily regulated by the federal government due to its hazard. A person today is unlikely to get asbestos poisoning while following safe work practices, but the effects of the disease may take up to 40 years to appear. Asbestos was often used in building materials such as insulation and cement, and may still be present in older construction. The fibers of asbestos, with continuous exposure, cause chronic lung disease.

Occupational Asthma: Asthma is an autoimmune response when lungs are irritated due to an allergen or a dangerous substance. When experiencing an asthma attack, a person’s airways become tight and it becomes hard to breathe. If a substance at work has caused an employee to develop asthma, then it may be dangerous for that employee to remain working. Occupational asthma is controlled through medication and avoiding the substance that caused the disease. Asthma attacks can be deadly, and the disease can lead to permanent lung damage, disability, or death.

Contact a Cook County Workers’ Compensation Attorney

Although a disease or illness may not be visible, they can be just as life alerting as physical trauma. If you believe your chronic illness was caused by hazards at work, contact an experienced Illinois workers’ compensation attorney to discuss your case. Your attorney will explain what is needed to win compensation for a difficult to prove the situation. Contact us at 630-574-2288 to arrange a free consultation.

 

Sources:

https://www.mayoclinic.org/diseases-conditions/asbestosis/symptoms-causes/syc-20354637

https://www.mayoclinic.org/diseases-conditions/occupational-asthma/symptoms-causes/syc-20375772

 

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