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Archive for March, 2016

What Happens to Your Workers’ Compensation Benefits If You Quit Your Job?

March 25th, 2016 at 1:04 pm

quitting job, DuPage County workers' compensation attorneyIf you have been injured on the job, you need to speak with a workers’ compensation lawyer before you make any big decisions. Quitting your job can reduce the benefits you are eligible to receive. In some circumstances, you could lose your benefits entirely.

Medical Benefits

Under Illinois law, the medical benefits you receive under workers’ compensation will continue no matter what your job status. This means that payments for the medical care you need to recover from your workplace injury will continue even if you leave your employment.

Permanent Injuries

When your claim is found to be for a permanent injury, you will be able to receive the compensation for that permanent injury regardless of your employment situation. In the case of a permanent partial disability, your benefits will be set at the end of your case. Quitting your job before the level of your permanent disability benefits have been calculated and set could result in a big reduction in the amount you ultimately receive. As with every major employment decision, make sure to speak with your workers’ compensation lawyer before leaving your job. After the level of your benefits for permanent partial disability has been set and your case has concluded, you will be able to leave your employment and still collect your benefits in most cases.

Temporary Disability

Injuries that result in temporary partial disability means that you may still be able to perform some work with medical restrictions. You may receive compensation for any pay differential if the injury limits how many hours you can work or otherwise affects your pay rate. You may lose this benefit if you quit your job.

If you receive temporary total disability benefits while you are recovering because you cannot perform your old job, the benefits may be contingent on you keeping your job. If you voluntarily leave your job and your employer demonstrates he or she could have accommodated your injury and was willing to do so, you may have a difficult time keeping your benefits.

Quitting your job at any point during a workers’ compensation case can also lower the value of your case. In many instances, the value of your claim is tied to the wages you are losing because you are not able to work. Leaving your job gives the employer, or the employer’s insurance company, the ability to argue that your lost wages are no longer relevant because you took action to leave your job, independent of the injury.

If you have been injured in a workplace accident, you need to understand your rights. You should speak with a knowledgeable and experienced DuPage County workers’ compensation lawyer right away. Call the Law Offices of Frank J. Discipio at 630-574-2288 to schedule a consultation. You may only have a short time to take action.

 

Sources:

http://www.iwcc.il.gov/handbook020106.pdf

What Do You Have to Prove to Get Workers’ Compensation Benefits?

March 11th, 2016 at 8:58 pm

workers' compensation benefits, DuPage County workers' comp attorneyWorkers’ compensation benefits are designed to help workers who have been hurt on the job get their medical bills paid and to receive payment for lost wages. The workers’ compensation system is not based on fault. You can often receive workers’ compensation benefits even if your own negligence led to your injuries. You are not, however, able to sue your employer for work injuries in most cases.

Before you can receive workers’ compensation benefits, you will need to prove you are covered by the Illinois Workers’ Compensation Act, that your were injured in the course of your job, and the extent of your injuries.

Are You Covered?

The law, in most cases, will assume that you are covered by the workers’ compensation system. Workers’ compensation only applies to employees. If your employer believes you are an independent contractor and not an employee, your employer will need to prove his or her assertion. During the process, you may need to show why you believe you are an employee.

Injured in the Course of Your Job

Workers’ compensation only covers injuries to workers who were hurt in the course of their jobs. There are two parts to showing the injury occurred in the course of the job:

  1. There is a direct causal link between your injury and a job-related risk; and
  2. You were at work where you were required to be and generally doing what you are supposed to be doing.

If you are a delivery driver and you are hurt delivering something to a customer, your injury occurred in the course of your job. However, if you are a delivery worker and you are hurt while helping a friend move a couch while on a lunch break, you may have a much harder time showing that your injury was in the course of your job.

Extent of Your Injuries

You will also need to present evidence about the extent of your medical bills, and what impact your injury has on your ability to perform your job. Your injury may only make you temporarily unable to perform your core job functions. In this case, you would receive benefits until you recovered enough to return to work. If your injury is more serious and causes you some degree of permanent disability, leaving you unable to do the basics of your job, you may be eligible for longer-term benefits.

If you have been hurt at work, you need to understand your rights. You should speak with a skilled DuPage County workers’ compensation lawyer right away. Call the Law Offices of Frank J. Discipio at 630-574-2288 to schedule a consultation. You may only have a short time to take action.

 

Sources:

http://www.iwcc.il.gov/handbook020106.pdf

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