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Archive for the ‘Workers Comp’ Category

Workers’ Compensation vs. Personal Injury

July 11th, 2018 at 5:26 pm

DuPage County workers compensation attorneys, personal injury claims, prove negligence, survivor benefits, workers compensationWorkers’ compensation and personal injury claims may help you recover compensation after an accident that left you injured. Since it may be unclear which type of claim is right for your particular situation, consider the following guide to help you understand how workers’ compensation and personal injury claims differ.

Fault in Causing the Accident

The issue of who is at fault in causing an accident is one of the key differences between workers’ compensation claims and personal injury claims. In a personal injury claim, you must prove the other party’s negligent actions caused the accident and injuries you have sustained.

However, in a workers’ compensation claim, you are not required to prove negligence. Since Illinois workers’ compensation is a no-fault system, you are entitled to collect workers’ compensation benefits if your accident and injury occurred while you were working. Even if you caused the accident, you may recover workers’ compensation benefits.

Types of Compensation

Compensation also differs in workers’ compensation and personal injury cases. In a personal injury claim, you may recover compensation for the following damages if you are able to prove negligence:

  • Past and future medical bills;
  • Past and future lost wages;
  • Pain and suffering;
  • Emotional distress;
  • Disability and disfigurement; and
  • Wrongful death

Damages such as pain and suffering and emotional distress, are not recoverable in Illinois workers’ compensation cases. In a workers’ compensation claim, you may recover for the following:

  • Medical Expenses: 100 percent of all medical expenses are covered without any deductibles or co-insurance payments.
  • Partial Permanent Disability (PPD): PPD is designed to compensate your injuries if you sustain a partial loss of the use of a body part.
  • Permanent Total Disability (PTD): If you are unable to work because of your injury or you lose two of the same body parts, you are entitled to PTD benefits for life.
  • Wage Loss: In the event your injury prevents you from performing your job, or you must take a lower paying position, you can collect wage loss differential benefits.
  • Vocational Training: If you are unable to return to your job because of your injury, you may receive compensation for retraining so you can receive the training you need to work in another profession.
  • Survivor Benefits: If your loved one was killed on the job, you are eligible for survivor benefits.

Contact Our DuPage County Workers’ Compensation Attorneys

If you have suffered from a workplace injury, it is important to seek highly skilled legal representation. Contact our experienced DuPage County workers’ compensation attorneys for assistance with your claim and more information on the differences between personal injury and workers’ compensation claims.

Source:

https://www2.illinois.gov/sites/iwcc/Pages/default.aspx

5 Workers’ Compensation Myths Debunked

April 13th, 2018 at 9:17 am

DuPage County workers' compensation attorney, no-fault insurance, workers compensation myths, workers' compensation claims, workplace injuryEmployees who sustain an injury while at work are often not aware of their rights. Therefore, if you experience an injury on the job, you should know that you are entitled to workers’ compensation benefits. To clarify how workers’ compensation works, we have decided to debunk these five common workers’ compensation myths. 

Myth #1: You cannot collect workers’ compensation benefits if you are responsible for your injury.

Contrary to popular belief, workers’ compensation is not a fault-based system. Therefore, you are eligible for workers’ compensation benefits regardless of the cause of your injury. As long as your case adheres to the strict time limits and you notify your employer of your injury right away, you can receive compensation.

Myth #2: By filing a workers’ compensation claim, you are suing your employer.

Sometimes, employees do not want to file a workers’ compensation claim because they believe they are suing their employer. This is not the case as you cannot sue your employer for a workplace injury. If a third party contractor or a piece of faulty equipment led to your injuries, then you may file a third party lawsuit.

Myth #3: Workers compensation’ claims cannot get denied.

Since workers’ compensation is a no-fault insurance, you may believe that every claim gets accepted. The truth is if you are unable to provide strong evidence that your injury occurred while you were on the job, then your employer’s insurer may deny your claim. Fortunately, you can appeal your workers’ compensation claim denial if necessary.

Myth #4: A workers’ compensation claim may cause your employer to fire you.

Your employer does not have the right to fire you for filing a workers’ compensation claim. Doing so is referred to as retaliation and can lead to serious penalties. If your employer attempts to fire you for seeking workers’ compensation benefits, reach out to a lawyer right away.

Myth #5: You do not need an attorney to file a workers’ compensation claim.

If your employer does not contest the fact that you are eligible for workers’ compensation and you do not need to take time off from work, then you may be able to represent yourself. In the event your employer denies that your injury occurred while you were on the job, or they have attempted to fire you, you should contact an experienced workers’ compensation attorney. Legal representation may also be necessary if your workers’ compensation claim was denied.

Contact the DuPage County Workers’ Compensation Attorneys

If you have suffered a work-related injury, it is in your best interest to consult a compassionate DuPage County workers’ compensation attorney. We can guide you through the process of filing a claim and make sure your rights are protected.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2430&ChapterID=68

Why Following Doctor’s Orders is Important for Your Workers’ Comp Case

January 31st, 2018 at 2:01 pm

doctor's orders, Chicago workers compensation attorneys, work related injury, workers’ comp case, workplace injuryUnder the Illinois Workers’ Compensation Act, employees who are hurt on the job are eligible to receive medical and wage loss benefits. However, these benefits are not automatic—there are certain rules that injured employees must follow in order to receive them. One of the most important rules is following doctor’s orders. 

Steps to Take After a Work Injury

Immediately after you experience a work-related injury, you must report it to your supervisor or employer. Then, you should seek medical treatment as soon as possible. Once you visit a primary care doctor and/or specialist, he or she will document your injury and determine a care plan that will help you recover in an efficient and timely manner.

Your care plan may include diagnostic tests such as x-rays and MRIs, doctor’s appointments, overnight stays at the hospital, surgery, physical therapy, occupational therapy, speech therapy, and nursing home or home health care services. In addition, you will likely need to take certain prescription medications and use medical equipment such as a wheelchair, crutches, or braces.

Losing Benefits if Doctors Orders Are Not Followed

After your doctor and/or specialist outlines your care plan, you must follow it as ordered. If you refrain from doing so, you may lose your workers’ compensation benefits and hinder your recovery. Therefore, you should attend all doctor’s appointments, take medications as prescribed, utilize all medical equipment, and ask if you are unsure about a certain aspect of your care plan.

If you cannot make an appointment or are unable to adhere to one of your doctor’s orders, be sure to carefully document why. For example, if your ride cancelled on you and you have no way of getting to the doctor’s office, write down the name and number of the individual or company that was supposed to drive you.

Additionally, you should never go back to work until your doctor and/or specialist informs you that you can. In the event you disagree with your doctor’s care plan or believe that he or she is releasing you to go back to work too early or too late, you should consider changing medical providers.

Contact Our DuPage County Workers’ Compensation Attorneys for a Free Consultation

If you have been injured on the job, it is in your best interest to call our Chicago workers’ compensation attorneys at 630-574-2288 for a free consultation. We will inform you of your rights and ensure that you do not make a mistake that costs you the medical and wage loss benefits to which you may be entitled.

Source:

https://www2.illinois.gov/sites/iwcc/about/Pages/workers.aspx

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