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Archive for the ‘worker’s comp claims’ tag

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

Appellate Court Ruling Could Affect of Workers’ Comp for High-Risk Industries

May 5th, 2017 at 8:07 pm

Illinois workers comp lawyer, Illinois job injury attorneyThere are certain jobs in which the risk of death is known. For example, firefighters and law enforcement officers know and understand that fatality is a possibility. Unfortunately, that knowledge does not make witnessing the death of a partner or colleague any easier. Some may even be at risk for serious trauma issues, such as post-traumatic stress disorder (PTSD), which may leave them unable to return to work.

Typically, workers’ compensation covers injuries in which employees are unable to work; some even include psychological work-related injuries, such as PTSD. However, these high-risk industries have not, historically, offered such compensation. That may soon change, thanks to a recent Illinois Appellate Court ruling.

Firefighter Claims Workers’ Compensation for PTSD

Court documents outline how a fire lieutenant/paramedic was directed to take command of an incident during a house fire in March of 2010. Shortly after he took over, a flashover occurred. One firefighter, who was in obvious physical distress, was brought out of the building by two others. That injured firefighter ended up dying.

After having their fire house covered for a week after the loss, the lieutenant struggled to return to his regular duties. He claimed he was having nightmares, struggled to fall asleep, and even experienced issues when trying to interact with other people (his family included). His attorney allegedly suggested he see a psychiatrist, who then diagnosed him with PTSD. The lieutenant returned to work in October of 2010 and was released from treatment in December, but then returned to treatment just one month later. He claimed he was struggling with feelings of guilt and could not shut the incident out. His attorney then allegedly referred him to a psychotherapist. The lieutenant was then diagnosed with chronic PTSD.

Denied Claim Goes to Illinois Appellate Court

Originally, the lieutenant’s claim was denied; an arbitrator ruled that it was not an injury, but rather a tragic risk and consequence of the job. Further, the arbitrator stated that the lieutenant did not witness the injury, nor did he witness his team member’s death, which nullified his claim. The Illinois Appellate Court, who heard his case after it was denied, disagreed. They ruled that he had, in fact, experienced emotional shock during the incident, and stated it had been the cause of his psychological injury. As such, the original ruling was overturned.

The Appellate Ruling and Your Claim

While the recent ruling does suggest that psychological injuries are starting to get the attention they deserve, many are still at risk for a denial of their claims. Further, psychologically injured employees that work within high-risk industries may be even more likely to experience a denial, even after this ground-breaking case. Such industries can include everything from law enforcement and emergency response to construction work.

Reduce your risk of a denied workers’ compensation claim with help from the Law Offices of Francis J. Discipio. Dedicated and experienced, our Chicago workers’ compensation attorneys fight for the most favorable outcome possible. We protect your rights, and your best interests, every step of the way. Learn more about how we can assist with your case. Call 630-574-2288 and schedule your consultation today.

 

Source:

https://casetext.com/case/moran-v-ill-workers-comp-commn

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