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Archive for the ‘Workers Comp’ Category

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

Can Uber Drivers Get Workers’ Compensation?

November 14th, 2017 at 6:44 pm

DuPage County workers' compensation attorney, Uber drivers, workers compensation, workers’ compensation coverage, workers’ compensation benefitsUber and Lyft are two large, and quickly growing, transportation companies that operate primarily with part time or contract workers. What has made these two companies grow so quickly and take over the jobs of thousands of taxi drivers and other conventional transportation companies? Convenience plays a large role, but so too does cost. And one of the main ways Uber and Lyft keep their costs down is because they are not required to provide workers’ compensation coverage, or any benefits at all, to their employees, who are actually classified as part time contract workers.

But as ride sharing—or ride sourcing—grows, will the laws transform to meet the demand of hundreds of thousands of Uber drivers in this new “gig” economy? If you were injured while driving on the job for Uber or Lyft, you may have options by contacting a workers’ compensation attorney for help.

Class Action Lawsuits Bring Results for Uber Drivers, Narrow Wide Gap Between Part Time Contractor and Employee with Benefits

Uber has come under fire from thousands of its part time contractors, who wish to be considered employees and benefit from the insurance that comes with that title. Uber employs 600,000 people across the country, according to The New York Times.

Recently, a federal judge in North Carolina gave the “okay” for initial steps for giving Uber drivers the status of employees. There are 18,000 Uber employees who opted out of arbitration, meaning that they have the right to sue Uber, who will be crucial to the class action lawsuit, which is being brought under the Fair Labor Standards Act.

According to one of the lawyers working on the case, “The ruling today is going to allow drivers across the country to band together to challenge Uber’s misclassification of them. They are employees and should be getting minimum wage and overtime as required by federal law.”

Not only would Uber drivers be given minimum wage and other benefits, including overtime, if they were considered employees, but they would be entitled to workers’ compensation as well.

There Are Options to Take Today

Uber and Lyft drivers face many dangers while out driving, according to Wired, including verbal abuse, physical violence, and, of course, the ever present threat of being involved in a car collision or being hit by a drunk driver during the midnight hours.

While Uber and Lyft do not have to offer workers’ compensation benefits to their injured drivers, you may still be able to seek a settlement or even file a lawsuit against one of the companies if you are seriously injured on the road. The first step is to reach out to a passionate DuPage County workers’ compensation attorney at our office for help.

Sources:

https://www.nytimes.com/2017/07/12/business/uber-drivers-class-action.html

https://www.wired.com/2016/03/uber-lyft-can-much-keep-drivers-safe/

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