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Archive for the ‘Workers compensation attorney’ Category

The Rights of Illinois Employees When Filing a Workers’ Comp Claim

February 28th, 2018 at 8:13 pm

DuPage County workers compensation attorney, employee rights, Illinois employee, workers comp claims, workers compensation insuranceIf you have been injured on the job, you should know that you are protected under the Illinois Workers’ Compensation Act. In order to make sure that you properly file for workers’ compensation and receive the benefits to which you may be entitled, you should take the time to understand your rights as an Illinois employee. 

What should I do after I have been injured at work?

After you have been injured at work, you should seek medical care and notify your employer as soon as possible. Additionally, inform your employer of the area of your body that was injured while thoroughly describing the accident.

It is important to note that the Illinois Workers’ Compensation Act gives employees 45 days to notify their employer of their work accident orally or in writing. If you fail to notify your employer within 45 days, your workers’ compensation claim will be denied.

Once you have notified your employer, you need to fill out an Application for Adjustment of Claim. If your claim gets denied, you should contact an experienced DuPage County workers’ compensation lawyer.

What benefits may I qualify for?

Under the Illinois Workers’ Compensation system, there are several benefits for which you may qualify. These benefits include:

  • Medical benefits;
  • Temporary total disability benefits which are equal to two-thirds of your average gross weekly wage, up to a maximum amount;
  • Permanent total disability benefits which are based on a percentage your pre-injury wage, up to a maximum amount;
  • Vocational rehabilitation benefits; and
  • Death benefits for surviving family members.

Can I get fired for filing a workers’ compensation claim?

Often times, Illinois employees get nervous about filing a workers’ compensation claim because they are afraid their employer will fire them. Fortunately, under the Illinois Workers’ Compensation Act, employers do not have the right to fire an employee because they filed a claim.

How do I know if my employer has workers’ compensation insurance and whether I am covered by it?

Illinois employers must have workers’ compensation insurance if they have at least one employee, even if they are part-time. However, corporate officers, members of limited liability companies, and sole proprietors may opt out of workers’ compensation insurance.

If you are unsure whether your employer or your employer’s insurance provider is responsible for covering your workers’ compensation benefits, you can contact the Illinois Workers’ Compensation Commission.

Contact the DuPage County Workers’ Compensation Attorneys

If you have any questions related to your rights when filing a workers’ compensation claim in Illinois or would like to increase your chances of getting your claim approved, you should contact the highly skilled DuPage County workers’ compensation attorneys at our law office today.

Source: 

https://www2.illinois.gov/sites/iwcc/resources/Pages/Resources-for-Employees.aspx

5 Common Reasons Workers’ Comp Claims Are Denied

February 14th, 2018 at 12:04 pm

DuPage workers’ compensation attorneys, pre-existing condition, workers' compensation claims, workplace injury, workers' comp claimsIf you have been injured on the job, you are likely filing for workers’ compensation. Although workers’ compensation claims are often approved, denials do arise for a variety of reasons. By understanding the common reasons workers’ compensation claims are denied, you can increase your chances of recovering your entitled benefits without any issues.

The most common reasons workers’ compensation claims are denied include the following:

  1.       The injury was not reported on time.

If you fail to report your injury within 45 days, your workers’ compensation claim may get denied. An employer may believe that if you did not report your injury in a timely fashion, the injury never happened. To avoid this problem, do not wait to report your injury to your employer.

  1.       The injury did not occur at work.

A workers’ compensation claim may get denied if an injury did not occur at work. However, Illinois workers’ compensation laws state that benefits are available to employees who suffer from an injury while performing job-related duties, even if they were away from their worksite. If you travel for work or drive to fulfill a work task, you may still be eligible for workers’ compensation benefits.

  1.       No witnesses were present when the injury happened.

Since fraudulent workers’ compensation claims are always a concern, a claim may get denied because the incident that caused the injury was not seen by a supervisor or another employee. However, the fact that there were no witnesses present does not mean the injury never arose and a workers’ compensation claim is invalid.

  1.       There was a pre-existing condition.

If you have a pre-existing condition such as diabetes, arthritis, congestive heart failure, or epilepsy, your workers’ compensation claim may get denied. You should understand that if a workplace injury aggravated your pre-existing condition, you are entitled to workers’ compensation benefits.

  1.     Intoxication or horseplay was involved.

Workers’ compensation does not protect employees from their own misconduct. If you were using alcohol or drugs while you were at work or engaging in horseplay, you voluntarily put yourself in a position where you could get hurt and your employer is therefore not liable.

Dealing with a Denied Workers’ Comp Claim? Call Our DuPage Workers’ Compensation Attorneys

If your workers’ compensation claim has been denied, it is in your best interest to reach out to our experienced DuPage County workers’ compensation attorneys as soon as possible. We can assist in appealing your denial so that you can obtain the benefits you may deserve. Call us today at 630-574-2288.

 

Source:

https://www2.illinois.gov/sites/iwcc/resources/Pages/faq.aspx

The Top Types of Workplace Safety Violations in 2017

December 14th, 2017 at 9:02 am

Chicago workers’ comp attorneys, workplace safety violations, OSHA standards, workplace injury, safety equipmentEach year, the Occupational Safety and Health Administration (OSHA) releases a list of the 10 types of safety violations that are most frequently cited in the United States. Employers have a duty to keep their employees safe while they are on the job, and they should take steps to maintain compliance with OSHA’s rules. Workers should also be aware of their rights, including their ability to seek workers’ compensation if they are injured on the job.

Here are the top 10 violations, including explanations of what they entail:

  1. Fall Protection in Construction – Employers should make sure surfaces have the strength to support workers, and provide protection at the sides and edges of surfaces, roofs, holes, openings, excavations, or equipment which are at least six feet above a lower level.
  2. Hazard Communication – Employers must provide their employees with information about hazardous chemicals or toxic substances, including labeling hazardous substances, providing safety data sheets, and training employees on appropriate work practices, the proper use of protective equipment, and emergency procedures.
  3. Scaffolding – Scaffolds must be able to support their own weight and at least four times their maximum intended load, and they must provide proper guardrails or other fall protection systems.
  4. Respiratory Protection – Employers must provide respirators when they are necessary to protect their employees’ health, and they must have a written respiratory protection program that defines worksite-specific procedures for the required use of this equipment.
  5. Lockout/Tagout – Employers must have procedures in place to protect workers’ safety when they are performing maintenance on a piece of equipment.
  6. Ladders – Ladders must be able to support at least four times their intended load.
  7. Powered Industrial Trucks – Employees must receive proper training on the use of equipment like forklifts or motorized hand trucks.
  8. Machine Guarding – Equipment must contain proper guards to protect employees from hazards such as rotating parts, flying chips, and sparks.
  9. Fall Protection Training – Employers must provide employees with proper training on how to recognize and avoid fall hazards, including the proper use of protection equipment and systems.
  10. Electrical Wiring Methods – Proper methods must be used to protect workers’ safety from electrical hazards in the workplace.

Contact an Illinois Workers’ Comp Attorney 

If you have been injured while at work because of a violation of OSHA standards, the experienced attorneys at the Law Offices of Francis J. Discipio can help you receive workers’ compensation that will allow you pay medical bills and recover any lost income. Contact our Chicago workers’ comp attorneys today at 630-590-9609 to schedule a free initial consultation.

Sources:

https://safety.blr.com/workplace-safety-news/safety-administration/OSHA-and-state-safety-compliance-enforcement/Breaking-OSHA-announces-top-10-violations-for-FY-2/

https://www.prnewswire.com/news-releases/oshas-top-10-violations-for-2017-revealed-at-national-safety-council-congress–expo-300525928.html

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