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Archive for the ‘DuPage County workers’ compensation attorney’ tag

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

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

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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