Archive for the ‘arbitration’ tag

New Worker’s Compensation Measures

June 23rd, 2017 at 11:28 pm

Illinois workers comp lawyer, Illinois injured worker attorneyIllinois lawmakers kept a promise they made to annihilate the worker’s compensation program. The majority Democrats touted a proposal that would demand that companies who write workers compensation insurance to get state approval for the rates they charge. Another measure would create a nonprofit company with the directive of writing competitive policies.

Additional Changes to Workers Compensation in Illinois

One of the most substantial changes to the Workers Compensation Act regards how arbitrators are assigned to hear cases. Historically, arbitrators were appointed to certain locations where they would hear all injury cases arising from that geographic location. The amendment to the law now has three arbitrators for each geographic area.

Another amendment to the worker’s compensation act is a restriction on choice of physician. An injured party must see a physician on his or her employer’s PPO list. An important caveat is that the employer must have divulged that PPO list to the employee. In circumstances where the employee does not wish to see a doctor on the list provided to him or her, that employee must advise the employer in writing. The doctor they see after providing written notice will be limited to their first choice of physician and any medical treatment sought after must come through the chain of referral. The law used to provide that an injured worked was allowed to seek out a second opinion, the amendments take that option away.

Wage Loss Compensation

An additional change to the Workers Compensation Act concerns restrictions on wage loss differential cases. Under the previous law, an injured party who could no longer work at his or her job due to an injury sustained while working, was entitled to two-thirds of the difference in wages of the workers income as result of the new duties he or she is required to do as a result of injury and what that worker was earning before the injury.  Under the new law, that same injured worker is only entitled to that compensation until the age of 67 or a period of five years from the last date of any award if the injured worker was over 63 years old.

Cook County Workers Compensation Attorneys

If you or a loved one has been injured at work, it is important to enlist the help of a dedicated and relentless Chicago workers compensation lawyer. If you are injured on the job, you may be entitled to compensation you are not aware of. The knowledgeable attorneys at the Law Offices of Francis J. Discipio will defend your rights at every turn and tirelessly pursue your rights identifying all sources of compensation for your claim. Contact us at 630-574-2288 to schedule your initial consultation.





Truck Driver Fights AWW Calculation in Workers’ Compensation Case

March 19th, 2015 at 9:29 am

AWW, Work Comp, Chicago Workers Compensation LawyerAccording to Section 10 of the Illinois Workers’ Compensation Act, compensation for work-related injury shall be based on the average weekly wage (AWW), to be defined by the actual earnings of the employee in the job in which he or she was working at the time of injury. Based on this statute, the claimant in Sanders vs. Boyd Brothers Transportation posited that, since he was injured in course of performing his full-time truck driver job, his AWW calculation should exclude the wages previously paid to him as a trainee, a separate position for which he was paid a lower rate.

The claimant in this workers’ compensation case, as arbitrated last year in Illinois, was a trainee for four weeks earning $400 in weekly wages. In the fifth week, he began work as a truck driver, a position which included responsibility for tarping the truck. He was paid wages of $0.38 per mile, mileage bonuses, and $50 for tarping. The incident which prompted the claim occurred when the claimant fell and was injured while pulling a tarp.

The defendant argued that the AWW should consider the claimant’s full nine weeks of employment. Due to the job change after week four, however,, the claimant maintained that the earlier weeks as a trainee should not be considered when calculating benefits. Ultimately, the arbitrator found in favor of the claimant and awarded an AWW of $612.26.

The arbitrator noted precedence in other cases for the decision, including the case of Walter vs. Jacksonville Development Center.  The Commission found the claimant in that case warranted an AWW computation based only on full-time employment since there was a change in work status from part-time to full-time. Upon review of the arbitrator’s ruling, the Commission affirmed the decision made in Sanders vs. Boyd Brothers Transportation.

If you have been injured at work, you may be entitled to compensation for both medical expenses and wages lost due to your injury. Our law firm’s goal is to help protect workers’ rights and fight for your full benefits with the prompt attention each case deserves. If you have experienced an on-the-job injury in Illinois, contact an experienced Chicago workers’ compensation attorney today for a free case evaluation.

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