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Archive for the ‘Employer Liability’ Category

Important Details about Workers’ Comp Medical Benefits

November 18th, 2016 at 10:45 am

Illinois workes compensation law, Illinois workers comp attorney, workers compensation lawyer, In the state of Illinois, the employer is required to pay for all medical care that is reasonably necessary to help cure the employee after being injured on the job. It is important to be aware of medical benefits available when involved with workers’ compensation.

Cost for Medical Care 

As stated above, the employer is required to pay for the medical care that is needed for their employee to recover. This can include a doctor’s visit, surgery, first aid, emergency care, hospital care, physical therapy, pharmaceuticals, and prescribed medical appliances. The cost of devices, such as a wheelchair, can potentially be covered as well. There may be a circumstance in which the employer does not have to pay for medical care, such as if they dispute a medical bill.

Choosing the Right Doctor and Hospital

The employee is allowed to choose their provider and where they would like to receive treatment. Yet, there are limitations on the number of providers an employee can see and the provider that the employee with worker’s comp can choose from. If an employer has a PPP ( Preferred Provider Program) the employee then has options to choose from when they are deciding who they want their provider to be. If the employee does not have a PPP, then the employee options may be limited when choosing a provider. An employee will know if the company they work for has a Preferred Provider Program because they are required to inform the employee about it in writing, which is put into effect by the Commission.

Employee’s Medical Care Responsibilities

Although the employer takes care of the expenses that come with medical care, there are  a number of obligations that the employee must take care of as well. Some of these include seeking medical attention immediately after the injury, to make sure they achieve a complete recovery and full return to work, relay to medical providers that the treatment is for a work-related condition, notify employer if they change providers, and provide the place of employment with enough medical information to determine whether to accept or deny the claim.

Employers Request for a Medical Evaluation

This includes a full medical exam by the doctor of its choice. However, the employer must notify their employee of the exam and the exam must be at a time and place convenient for the employee.

If you have been injured on the job and need assistance with Workers’ comp and medical benefits contact the experienced Chicago workers’ compensation attorneys at the Law Offices of Francis J. Discipio today and call 630-574-2288.

 

Source:

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

Fines for Ohio Plant After Unsafe Equipment Causes Texas Amputation

September 9th, 2016 at 12:39 pm

equipment, Chicago workers' compensation attorneyNo amount of financial compensation can bring back the death of a loved one or fix an irreparable injury. When a serious injury or fatality is the fault of an employer due to improper training or an unsafe working environment, the frustration and agony felt by the employee or the family can be compounded exponentially. While workers’ compensation may take care of the medical bills, there is often a feeling of contempt for the company and people that let a serious accident happen. Whether the injury was a result of employer carelessness or the more sinister corner cutting to protect company profits, retribution is often necessary. Such retribution can actually create a safer work environment for that company’s employees into the future. This may be the case in a recent incident in which a Texas employee lost his hand due to a jam in a piece of machinery. If you have suffered an injury, contact a Chicago workers’ compensation attorney today.

A Johns Manville employee lost his hand in a Texas manufacturing facility due to unsafe equipment and a clear lack of safety measures outlined by his employer. Half of all workplace amputations occur in the manufacturing sector, according to the Occupational Safety and Health Administration (OSHA). The company produces roofing and insulation products, and while performing his job, the employee’s hand became severed off while he attempted to clear the machine of a jam. Johns Manville was issued a proposed total of $49,600 in fines by OSHA. The company was cited for the lack of machine guards on a conveyor belt, which would have protected the employee from hazards. As well, they were cited for having an unguarded, protruding shaft to stick out over one and a half times its diameter. A Johns Manville plant here in Ohio was cited for the same violations. Additionally, three serious violations were issued, according to the OSHA report:

  • The energy control procedures did not clearly and specifically outline the steps for shutting down, isolating, and blocking and securing machines to control hazardous energy;
  • Regarding lockout for energy control, the periodic inspection did not include a review, between the inspection and the authorized employee, of that employee’s responsibilities under the energy control procedure being inspected; and
  • Authorized employees did not receive training in the recognition of acceptable hazardous energy sources, the type and magnitude of the energy available in the workplace, and the methods and means necessary for energy isolation.

According to OSHA’s Fort Worth area director, “Johns Manville’s flawed procedures to control hazardous energy sources and a lack of machine guards ultimately led to an amputation. The company should have evaluated its lockout/tagout program and provided proper machine guarding. It is simply unacceptable that a 34-year-old father of four young children suffered a gruesome injury, and has had life forever changed by an incident that was preventable.”

If you have been injured on the job, contact an experienced Chicago workers’ compensation attorney today with the Law Offices of Francis J. Discipio at 630-574-2288. We do not charge anything for consultations, and will inform you on what your best options are to receive the workers’ compensation that you deserve.

 

Source:

https://www.osha.gov/SLTC/etools/machineguarding/scope.html

https://www.osha.gov/ooc/citations/JohnsManville_1125065.pdf

New Advisory Board on Toxic Chemicals, Workers’ Compensation

June 10th, 2016 at 10:32 am

chemicals, Chicago workers compensation attorneyA toxic chemical is a substance that causes harm when it is inhaled, consumed, or comes in contact with a worker’s skin. While any type of employee, whether they work in an office, in construction, in retail or food preparation, can be injured or become sick from toxic chemicals, some of the more dangerous occupations include factory work or manufacturing. Toxic chemicals are used in the production and manufacturing of everything from food, vehicles, gas, clothes, and building materials. And, of course, workers in chemical manufacturing facilities are exposed to the dangers of the products they directly create. Injuries and health issues from the exposure to toxic chemicals can include skin sensitivity, rashes, burns, throat irritation, lung damage, the development of asthma, nerve damage, brain damage, cancer, and death. Some of the more dangerous chemicals include certain types of acid, solvents and cleaning products, paint, pesticides, benzene, asbestos, lead, and mercury. Deadly fumes can also be created by the mixing of two non-lethal substances, such as bleach and ammonia, for example, which creates chloramine vapor.

All workers that use dangerous substances must have adequate training with the chemicals they use, and possibly continuing education throughout their careers. According to the Occupational Safety and Health Organization (OSHA), all employers that use hazardous chemicals in the workplace “must have labels and safety data sheets for their exposed workers, and train them to handle the chemicals appropriately. The training for employees must also include information on the hazards of the chemicals in their work area and the measures to be used to protect themselves.” Additionally, their employer must provide them with the necessary safety equipment and proper ventilation in the workplace. However, despite strict laws in place, these safeguards are violated by companies every day around the country and in Chicago. If you have been injured on the job by a toxic chemical, contact an experienced workers’ compensation attorney today.

Recent Creation of the Toxic Chemical Advisory Board

While the U.S. already has some of the more stringent standards when it comes to job safety and the use of chemicals, there is still a long way to go to ensure the safety of every employee. According to the U.S. Department of Labor, President Barack Obama has created the Advisory Board on Toxic Substances and Worker Health for Part E of the Energy Employees Occupational Illness Compensation Program Act (EEOICPA). The purpose of the advisory board is to advise the Secretary of Labor with information regarding the Department of Labor’s Site Exposure Matrices (SEM) database. The database has data regarding toxic substances and illnesses on the job and is searchable by occupation type, chemical, and location. The EEOICPA advisory board also has information for claims examiners on the medical evidence of the claimants, requirements for claims in relation to lung disease, and information on the objectivity, quality, and consistency of work performed by industrial hygienists, staff physicians, and consulting physicians.

With the creation of the advisory board, workers in industrial plants may be able to reduce workplace accidents to some degree. However, if you have been injured on the job, contact a Chicago workers’ compensation attorney at the Law Offices of Francis J. Discipio today at 630-574-2288.

 

Sources:

https://www.osha.gov/SLTC/hazardoustoxicsubstances/

http://www.dol.gov/owcp/energy/regs/compliance/AdvisoryBoard.htm

 

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