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Archive for the ‘Workers compensation attorney’ Category

Social Media Evidence in Workers’ Compensation Cases

June 27th, 2018 at 7:22 pm

DuPage County workers compensation attorneys, social media evidence, workers' compensation case, workers’ compensation claim, workplace injuryMost people use social media every day. They spend time on Facebook, Twitter, LinkedIn, and other social media outlets to share information about themselves and discover what is going on in the lives of their friends, family, and acquaintances.

If you get hurt at work, however, you should be careful about using social media — whatever you post has the potential to be used against you in a workers’ compensation case. 

How Social Media Can Hinder a Workers’ Comp Case

The success of a workers’ compensation claim depends on whether or not an employee sustained an injury while he or she was working. Since insurance companies and employers are in business to make money and would like to pay nothing or as little as possible for workers’ compensation claims, many will search for any way to avoid liability for a claim.

One of the ways employers and insurers avoid liability for workers’ compensation claims is by trying to find evidence that an employee misrepresented his or her alleged on the job injury. If you get hurt at work and document anything related to your injury on social media, you may be creating evidence that can be used against your claim.

For example, if you claim that your workplace injury has hurt your legs and are posting pictures of running laps at the gym with your friends, the employer or insurance company can use this as evidence to prove that your legs are fine and you do not need time away from work or reimbursement for your medical bills and lost wages.

When Can Social Media Evidence Be Used as Evidence?

It is important to note that while social media may be used as evidence in workers’ compensation cases, the court does consider all types of social media evidence. In order for social media evidence to be valid, it must be relevant to the case and authenticated. It must also address any unconfirmed information and adhere to the rule of best evidence.

Keep in mind that even though insurance adjusters and employers do not have the right to bypass privacy settings in order to look at your photos and information, they may still find content to use against you if any of your photos or posts are posted publicly by others.

Contact Our DuPage County Workers’ Compensation Attorneys

If you have suffered from a workplace injury, we encourage you to keep your social media activity at a minimum. This way, you can increase your chances of collecting the maximum compensation you may deserve. Contact our experienced DuPage County workers’ compensation attorneys for assistance with your claim.

Source:

https://www.americanbar.org/publications/youraba/2016/november-2016/how-to-get-social-media-evidence-admitted-to-court.html

How Safety Training Programs Can Prevent Workers’ Compensation Claims

April 27th, 2018 at 4:17 pm

DuPage County workers compensation attorneys, safety training program, workers' compensation benefits, workplace injury, workers’ compensation lawIt is your legal right to work in a safe environment. If you work in an environment that is full of hazards, you are likely to suffer from a work-related illness or injury and are entitled to workers’ compensation benefits.

Creating a safety training program is one of the most effective ways for employers to create a safe environment for their employees. Unfortunately, safety training programs are not as common as they should be. Let us take a closer look at how these programs can ensure safer work environments and prevent workers’ compensation claims.

What is a Safety Training Program?

A safety training program in the workplace can give employees the skills and knowledge they need to protect workplace facilities and equipment. The information they learn in this type of program can prevent injuries and death while reducing employer costs.

Following the completion of a safety training program, employees should be able to recognize hazards and correct them, avoid incidents that may lead to serious injuries, and understand the safety expectations and best practices of the employer.

The OSHA’s Role in Safety Training Programs

The Occupational Safety and Health Administration or OSHA requires employers to provide their employees with safety training as soon as they get hired. All training programs must meet the OSHA’s standards which ensure that work is conducted in the safest manner possible. Training programs should also warn employees of any hazards they may be exposed to in the workplace. The OSHA believes that an effective safety training program features these elements:

  •         Hazard identification and prevention;
  •         Training and education;
  •         Employee participation;
  •         Management leadership; and
  •         Evaluation and continuous improvement.

They encourage employees to implement their safety training programs in a classroom setting or one-on-one environment that is more detailed and addresses safety concerns that are related to an employee’s specific position.

Employee Rights

As stated, you have the right to work in a safe environment. In the event you suffer from an injury or illness while on the job, you should file a workers’ compensation claim so that you collect workers’ compensation benefits that can pay for medical bills and lost wages. If your workers’ compensation claim gets denied for any reason, you do have the right to file an appeal.

Contact the DuPage County Workers’ Compensation Attorneys

Workers’ compensation law can be complex. Therefore, if you have been hurt while on the job, you should reach out to our experienced DuPage County workers’ compensation attorneys. We can help you file a claim and make sure that your rights as an employee are protected.

Source:

http://www.nsc.org/learn/Safety-Training/Pages/workplace-training-train-your-employees.aspx

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

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