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Archive for the ‘Workers compensation attorney’ Category

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

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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