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Archive for the ‘Workers Comp Benefits’ Category

Injuries Caused by Third Parties

December 27th, 2017 at 7:33 pm

Chicago workers’ compensation attorney, injuries caused by third parties, personal injury claim, personal injury lawsuit, workers' compensation benefitsSeveral weeks ago 36-year-old driver struck two construction workers in Joliet, Illinois, causing serious injuries, according to the Joliet Patch. The man was on his cell phone when he approached a work zone on Interstate 80. Distracted, the man drove his 1996 Ford F-350 into a digital board sign and then into two construction workers, both of whom were taken to the hospital. He was charged with aggravated driving and aggravated reckless conduct. But what does this mean for the two construction workers in terms of compensation? Will they be able to sue or are they merely limited to workers’ compensation benefits? 

If you are in a similar situation, and have been injured by a third party while you were on the clock at work, you need to contact an attorney immediately. A Chicago workers’ compensation attorney will be able to answer all your questions and help you towards the road of financial stability 

Collecting Workers’ Compensation and Filing a Lawsuit Requires an Experienced Attorney

When you get injured by a third party while you are at work, such as the case above, you have the ability to receive workers’ compensation and pursue a personal injury lawsuit at the same time. The workers’ compensation will kick in immediately, while the lawsuit or settlement will likely take many months or even years. You get the best of both worlds in this situation, right? Unfortunately, your employer’s insurance company will most likely apply a lien to the personal injury claim. This means that they will soak up some or much of the compensation that you receive from the negligent third party. Let us use the following as an example:

  • Your injuries cost $100,000 in medical damages and lost wages, paid for by your employer’s insurance carrier; and
  • You successfully settle or win a personal injury lawsuit for a net gain of $120,000.

Your employer’s insurance company could theoretically place a lien on that claim for up to $100,000, and attempt to collect all of that money. This would leave you with just a fraction of what your injuries were worth. Seems unfair, and is doubly so when taken into account the fact that in Illinois, your employer’s carrier has the ability to sue the third party directly. While workers’ compensation can be divvied out fairly quickly, and go directly towards medical coverage, paying the mortgage, and putting food on the table, it does not provide any compensation for pain and suffering, which is often the largest aspect of a personal injury lawsuit.

Call an Attorney Today 

You need to work with an attorney who will aggressively fight for every dollar of the personal injury lawsuit winnings, and ensure that your employer does not take back what you fought to receive and is rightfully yours. We encourage you to contact an experienced Chicago workers’ compensation attorney with the Law Offices of Francis J. Discipio today.

Sources:

http://www.uslaw.org/files/Compendiums2016/2016_USLAW%20State-by-State%20Subrogation%20Rights%20for%20Workers%20Compensation%20Liens%20Compendium.pdf

https://patch.com/illinois/joliet/two-workers-injured-i-80-after-distracted-driver-strikes-them-state-police

Hazardous Chemicals

October 13th, 2017 at 9:55 am

Chicago workers’ compensation attorneys, harmful chemicals, hazardous chemicals, OSHA regulations, workers' compensation claimsOne of the greatest dangers that people face while on the job is the exposure to harmful chemicals. According to the Occupational Safety and Health Administration (OSHA), hazardous chemicals cause more than 190,000 illnesses and 50,000 deaths every year for workers in the United States. These chemicals can not only endanger workers’ health by causing respiratory or skin irritation or increasing the risk of diseases such as cancer, they present physical dangers such as flammability and corrosion.

Employees who receive an injury or contract a disease after being exposed to toxic substances are eligible to receive workers’ compensation to cover expenses including medical bills and lost income.

OSHA Regulations

OSHA provides safety to workers by requiring employers to meet certain standards, including:

  • Worker education and training - Employers must label hazardous chemicals, provide safety data sheets, and train workers in how to appropriately handle chemicals and take measures to protect themselves from exposure.
  • Exposure limits - Employers must monitor respiratory hazards in their workplaces and ensure that they do not exceed the applicable Occupational Exposure Limits (OELs). These limits include OSHA’s Permissible Exposure Limits (PELs), as well as PELs established by state authorities and Recommended Exposure Limits (RELs) established by federal agencies.

Controlling Exposure

OSHA has described four ways that employers can control their employees’ exposure to hazardous chemicals:

  • Elimination/substitution - Employers should make an inventory of potentially harmful chemicals, identify the hazards which present the greatest safety concerns, and determine whether alternative chemicals or processes could be used to improve worker safety.
  • Engineering controls - Employers should put physical controls in place to reduce or eliminate hazards to workers. These controls can include altering or isolating work processes to minimize contact with chemicals, using wet methods to reduce the generation of particulates, and implementing dilution ventilation.
  • Administrative and work practice controls - Employers should establish efficient procedures and adjust employees’ work schedules as necessary to prevent overexposure to harmful chemicals.
  • Personal protective equipment - Employers should ensure that employees always use the proper equipment that will limit their exposure to harmful chemicals, including protective clothing, eye protection, gloves, and respiratory equipment.

Contact a Workers’ Comp Attorney

If you have been exposed to harmful chemicals while at work, and you suffered an injury or contracted a disease as a result, the dedicated attorneys at the Law Offices of Francis J. Discipio can help you receive the compensation that you deserve. Contact our Chicago workers’ compensation attorneys today to schedule a free initial consultation.

Source:

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

Risk of Injury in the Nursing Industry

May 19th, 2017 at 8:25 pm

injury-to-nursesWork injuries can happen in any industry. However, some professionals are more likely to experience an injury than others. For example, the construction industry is well known for its high rate of work injuries and fatalities. There is also another high-risk industry – the healthcare field – but it does not receive the same amount of attention as it should. Perhaps this is due, in part, to the reduced risk of immediate fatality from an injury. Whatever the reason for the lack of discussion may be, injuries in the healthcare field deserve recognition.

Nurses Especially Prone to Back Injuries

On any given day, a nurse can lift thousands of pounds. They must move patients, and may even be required to help one up that has passed out or fallen. Rarely is there equipment nearby to help – and even when there is, the situation may be too emergent to wait for the machinery to do its job. So, nurses lift. They bend. They lift and bend, all at the same time. Good body mechanics can help, but it is far from fail-proof.

Long-term work as a nurse, years of lifting and transferring patients, can take a toll on the muscles and structures of the back. A sudden slip of a patient while transferring can suddenly pull a nurse in the wrong direction. Add all of that to several hours (often 12 or more) walking and standing, and it is no wonder that back injuries are one of the most commonly experienced injuries among nurses.

Assault is Surprisingly Common

Assault is yet another common (but often misrepresented) injury risk among nurses. It is most common among those who work within assisted living facilities, such as residential centers for patients with disabilities or the elderly. However, assaults can and do occur in emergency rooms and hospitals as well. Patients who are suffering from a diabetic crash, brain injury, or some sort of illness or injury that changes the way their brain functions could react in ways that are not typical. An example would be attacking someone who is trying to help them, such as their nurse. It is not an overly common occurrence, but it can be severe.

Pursuing Workers’ Compensation After an Injury

If you or someone you love has been injured while working as a nurse, it is important that you seek experienced legal assistance. Not only do you have to worry about the time you may miss healing from the initial injury, but you should also consider its ability to impact your future. Let the Law Offices of Francis J. Discipio help you navigate the complex process. Call 630-574-2288 and schedule your free consultation with our Chicago workers’ compensation lawyer today.

 

Sources:

http://www.gwinnettdailypost.com/local/nurse-work-comes-with-injury-risks/article_e134feea-9ce9-5bf9-902e-07ed55767455.html

https://www.osha.gov/Publications/OSHA3826.pdf

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