"AMERICA, HOME OF THE FREE, BECAUSE OF THE BRAVE" OFFERING FREE CONSULTATIONS 630-574-2288
Chat
Espanol

When Will a Back or Spine Injury Qualify for Workers’ Compensation?

July 9th, 2021 at 11:34 am

Workers-Comp-Attorney-Cook-County-minOf the different types of conditions that can affect a person’s ability to work, issues affecting the back and spinal cord can be some of the most debilitating. Back injuries can be very painful, and they can restrict a person’s ability to stand for an extended period of time and pick up or carry objects. In serious cases, a spinal cord injury may lead to paralysis in different parts of the body, which may cause a person to be permanently disabled. People who have suffered back injuries related to their work will want to determine whether they qualify for workers’ compensation, which will allow them to receive benefits that will address their medical expenses and cover some of the income lost due to a disability.

Common Workplace Back and Spine Injuries

Serious back injuries or health conditions that affect the back and spine may include:

  • Slipped or herniated discs – Excessive strain on the back can cause the discs between the vertebrae in the spine to tear or rupture. This can put pressure on the nerves in the spinal cord, causing pain and restricting a person’s range of movement.
  • Degenerative disc disease – The discs in the spine can wear down over time, This type of repetitive stress injury can lead to chronic pain and limitations on a person’s ability to perform work-related tasks.
  • Paraplegia or tetraplegia – A serious workplace accident can cause the spinal cord to be damaged or severed. Depending on where a spine injury occurred, a person may suffer partial or complete paralysis affecting their lower limbs or their entire body.
  • Sprains and strains – The muscles, tendons, and ligaments in the back may be damaged when a person attempts to lift an object that is too heavy or because of other work-related accidents.

A back or spine injury will be covered by workers’ compensation if it occurred while a person was working or because of the work they have performed. Injuries in workplace accidents, such as a fall from a ladder or scaffold or a motor vehicle collision that took place while a person was driving for work, will qualify for workers’ comp, regardless of whether a worker or their employer was responsible for the accident.

A person may also qualify for benefits if their injuries have built up over time due to the work they performed, such as regularly bending over to pick up heavy items. In these cases, a person will usually need to provide evidence showing that their work-related activities were directly responsible for their injuries.

Contact Our Chicago Workplace Back Injury Attorneys

If you suffered a spine injury in a workplace accident, or if work-related activities have caused you to experience back pain, the Law Offices of Francis J. Discipio can help you file a workers’ compensation claim. We will work to ensure that your medical treatment will be fully covered and that you can receive the disability benefits you need. Contact our Cook County workplace injury lawyers at 630-574-2288 to arrange a free consultation.

Sources:

https://www.webmd.com/back-pain/causes-back-pain

https://www.mayoclinic.org/diseases-conditions/spinal-cord-injury/symptoms-causes/syc-20377890

 

Can I Pursue a Third-Party Claim Following a Work-Related Injury?

June 4th, 2021 at 2:07 pm

Chicago-Workers-Comp-Attorney-Third-Party-injury-minPeople who are injured while working are usually entitled to receive workers’ compensation. These benefits are available whether a worker, their employer or other parties were at fault for an injury. To receive workers’ comp, a person will usually only need to demonstrate that their injury occurred while they were working or arose out of the work-related activities they performed.

While workers’ compensation will fully cover the costs of medical expenses related to an injury, other types of benefits may be limited. For example, disability benefits that address temporary or permanent restrictions to a person’s ability to work will only pay a percentage of the amount a person was able to earn before being injured, and workers’ comp does not address the pain and suffering a person experienced due to their injury. However, in some cases, an injured worker may be able to recover additional compensation by pursuing a third-party claim. Read the rest of this entry »

Can I File a Workers’ Compensation Claim for PTSD?

May 7th, 2021 at 8:03 pm

ptsdIn the early 1900s when soldiers started coming back from combat in World War I, physicians began to notice that many of the soldiers were experiencing the same type of psychological symptoms for months or even years after returning. This phenomenon was dubbed “shell shock,” which then evolved into “combat fatigue” after soldiers returned from World War II. Now, we know that this illness is called post-traumatic stress disorder or PTSD, as it is more commonly referred to. Though it is still frequently associated with military members, PTSD can happen to anyone, anywhere, and in various situations. Sometimes, a person’s line of work can be the cause of PTSD, or exacerbate existing mental conditions. But does that allow them to file a workers’ compensation claim for PTSD?

What Is PTSD?

Post-traumatic stress disorder (PTSD) is a mental disorder that can develop after a person has experienced or witnessed a traumatic event. Everyone typically experiences distress or other symptoms of PTSD after a traumatic event, but symptoms usually subside gradually. When symptoms do not go away and affect a person’s daily life, there’s a high chance that the person has developed PTSD. Main symptoms of PTSD include:

  • Flashbacks or continuous intrusive memories about the event. Often, these can be extreme and can even make the person feel as if they are reliving the event.
  • Avoiding things that remind the person about the event. This may mean the person refuses to talk about what happened or avoids going to certain places or interacting with certain people who remind them of the traumatic event.
  • Various emotional and behavioral changes. People who have PTSD often experience many negative thoughts and feelings that can lead them to distort the reality around the situation, think negatively about themselves, be detached from others, and no longer find joy in things that they used to enjoy.
  • Changes in reactivity. This can include violent outbursts, behaving recklessly, being irritable, being easily startled, or even concentration and memory issues.

PTSD and Illinois Workers’ Compensation

There have been various Illinois Supreme Court cases that support workers’ compensation coverage for PTSD. The Supreme Court has held that a mental injury like PTSD does not have to be precipitated by a physical injury, unlike in past years. For a PTSD diagnosis to be considered a work injury, the PTSD must be linkable to an event that happened because of and during the person’s line of work. This is known as the “mental-mental” theory of recovery for workers’ compensation claims. The Illinois Supreme Court states specifically that PTSD can be covered under workers’ compensation if the employee “suffers a sudden, severe emotional shock traceable to a definite time, place and cause…though no physical trauma or injury was sustained.”

Our Chicago, IL Workers’ Compensation Lawyer Can Help

In some cases, it can be difficult for physicians or evaluators to determine whether or not your PTSD is directly caused by something that happened at work and they may try to deny your claim. It is important to remember that mental conditions, including PTSD, are covered under worker’s compensation, so you have a right to file a claim. At the Law Offices of Francis J Discipio, we can help you collect documentation and file a claim for compensation for PTSD. To schedule a free consultation with one of our Cook County workers’ compensation attorneys, call our office today at 630-574-2288.

 

Sources:

https://www.psychiatry.org/patients-families/ptsd/what-is-ptsd

https://courts.illinois.gov/opinions/workerscomp/2013/2120294wc.pdf

 

Back to Top Back to Top Back to Top