Illinois Two Doctor Rule in Worker Compensation Cases

Posted: July 17th, 2014 | Author: | Filed under: Uncategorized | Tags: , , , , , , | Comments Off

two doctor rule, Illinois workers' compensation lawyer, your rightsAccording to Illinois workers’ compensation law, if you are injured in a work-related accident, you have the right to choose your own doctor, as well as any other doctors you are referred to, for treatment. Injured workers actually have the right in Illinois to choose two doctors. This is called the “two doctor rule.”

Many companies try to get the injured employee to go to either the company clinic or a doctor that has a contract with the company. This is done with the idea to keep the company costs down, but it is usually not the best choice for the injured employee. If there is a doctor on the company’s premise that you see when you are injured, this is not usually considered your first choice. However, if you initially go to a doctor at the company clinic, it may or may not be considered your first choice, depending on just how agreeable you were to the visit. An initial visit to emergency rooms when you are injured is also not considered your first choice.

A recent case that was brought before the Illinois Workers’ Compensation Commission highlights just how important the two doctor rule can be to protecting the rights of an injured worker.

The case involved a man who was employed as a carpenter for a remodeling company. The man injured his back while moving a large pile of group studs. The man’s supervisor insisted on driving him to a chiropractic clinic, despite the man’s wish to go to a different doctor. The visit to the chiropractor failed to relieve the man’s symptoms, and three days later he went to the emergency room with severe lower back pain.

The emergency room doctor advised him to make a follow up appointment with his primary care physician. Instead, he went to another physician, who was not his primary care doctor and for which he did not have a referral for, and was diagnosed with bulging disk. The man eventually had to undergo surgery for his injury when other treatment methods fail to produce any relieve.

The commission ruled that the initial visit to the chiropractor was not the man’s first choice of doctor and neither was the emergency room physician the man saw. Although he did not have a referral to go to the physician who he did choose to see, the commission ruled that this physician was the man’s first choice and awarded the man 65 weeks of total disability, as well as $110,666.50 in medical expenses.

If you have been injured on the job, contact an experienced Illinois workers’ compensation attorney to find out what civil recourse you may have for compensation for pain and loss you’ve suffered.

The Dangers of Scaffolding for Construction Workers

Posted: February 28th, 2014 | Author: | Filed under: Construction Workers, Illinois workers comp, Uncategorized, Workers Comp, Workers Comp Benefits, Workers compensation attorney | Tags: , , , , , , , | Comments Off

scaffolding, injury, workers compensation, lawyer, attorney, IllinoisEmployees working around scaffolding are some of the most at-risk for workplace injuries. According to the Occupational Safety & Health Administration, 72 percent of all scaffold accidents occurred when the support of planking gave way, the employee slipped, or falling objects struck the employee.

These dangerous conditions highlight the importance of extra safety precaution at worksites using scaffolding in order to prevent serious injuries and workers’ compensation claims.

One of the leading causes of occupational death is falls, according to the Centers for Disease Control. That’s why government regulators require that construction worksites using scaffolds and other raised platforms implement safety protocol, harnesses, and other guidelines to protect workers on the job.

An employer supervisor is responsible for maintaining a safe work location for all of his or her employees, but accidents can and do still happen, compromising the life and the livelihood of the employee.

Regulations regarding scaffolding include proper rope shielding, properly designed and constructed platforms, use of fall equipment, use of structural members for anchor points, and proper safety training of all employees.

If you or someone you know has been injured as a result of a scaffolding accident, you likely have the grounds for a workers’ compensation claim. You might be suffering from broken bones, internal injuries, low back or neck injuries, or even a brain injury as a result of the incident.

If you believe you need to file a workers’ compensation claim, you need to let your employer know in a timely manner. Your employer is prohibited from discriminating against you due to a claim or your intent to file a claim, but you will want to retail legal counsel so that you have someone in your corner advocating for the maximum benefits you deserve under workers’ compensation. If you have been hurt in a scaffold accident, contact an Illinois workers’ compensation attorney today.

Health Risks Involved in Yaz Birth Control Pills

Posted: January 8th, 2012 | Author: | Filed under: Dangerous Drugs, Personal Injury, Uncategorized | Comments Off

Birth control pills don’t just offer protection from unplanned pregnancies but also acne and severe pre-menstrual pain. This is even how they are advertised on television and other media. However, all birth control pills come with some risk. Anywhere from two to four women per 10,000 on the pill will suffer blood clots, and some will ever die as a result. But with Yaz, several new independent studies have put that risk two to three times higher.

At this time, over 10,500 women have filed a product liability lawsuit against Bayer alleging that they suffered injuries as a result of the drug maker’s failure to effectively warn about the side effects of Yaz, Yasmin and other Drosperinone-based birth control pills. Drospirenone is a new type of synthetic progestin that is used in combination with oral contraceptives pills which include estrogen.

Several medical studies have found that women using Yaz face an increased risk of suffering a blood clot, stroke, pulmonary embolism, deep vein thrombosis and sudden death.  Without adequate warnings on their packaging, these two pills quickly became top-sellers, generating hundreds of millions in annual sales for Bayer. Last year, annual sales of Yaz reached over $350 million, according to SDI Health, which tracks sales of prescription drugs. Annual sales of Yasmin have declined since 2008 when the drug generated over $325 million.

The FDA recently released a report that suggested Drospirenone-based birth control pills may increase the risk of blood clots by 75% over older birth control pills.  A panel of FDA advisors which met in December called for stricter label warnings on Yaz and Yasmin, but stopped short of recommending a Yaz recall.  The panel on Oct. 8, 2011 voted 21 to 5 that the current labeling of Yaz and other popular birth-control pills using the manmade hormone progesterone is inadequate in warning users of its potentially deadly side effects.

Based on the company’s past actions, there is little doubt that Bayer will continue to use every resource it at its disposal to fight the growing number of lawsuits that are being filed against it as a result of its top-selling contraceptives Yaz and Yasmin. The FDA’s latest action will only increase this resolve. This shows why it’s imperative that, if you or a loved one has developed a Yaz-related blood clot as a result of taking the drug, you should be aware of all the latest developments surrounding the birth-control pill.  If you feel you have experienced a blood clot or related injury, then please contact an Illinois personal injury lawyer.