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Archive for the ‘workers compensation act’ 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.

 

Source:

http://www.chicagobusiness.com/article/20161228/opinion/161229933/bruce-rauner-my-case-for-workers-comp-reform

 

Neutral Risk and Worker’s Compensation

November 5th, 2014 at 10:50 am

neutral risk workers compensation, Illinois workers comp attorneyJust what types of injuries are covered by the Illinois Workers’ Compensation Act (WCA) can be difficult to determine, especially if the injury or incident occurred on workplace premises. A recent ruling by an Illinois Appellate Court, 4th District, decided against the claimant in a workers’ compensation case, in which she fell while entering the workplace carrying baked goods for an office party.

The decision in Anderegg v. Kesler, Garman, Broughner & Townsley, P.C. was announced in August of this year, in response to the 2011 incident, according to the Illinois Workers’ Compensation Law Bulletin (Vol. 22, Issue 11, Aug. 27, 2014).

The claimant, according to the Bulletin, is a legal secretary at the defendant’s law firm. In the summer of 2011, she was carrying two plastic containers of baked goods for an office party, and lost her balance on a stairway leading to the office. Because she lost her balance while attempting to not drop the baked goods, the claimant filed a workers’ compensation suit for an injury to her right arm.

Initially, the arbitrator denied benefits, ruling that the injury—while it did occur on the job—did not arise from her employment at the firm. This is especially true because while the claimant was carrying baked goods for the office, it was her own decision to bring in the treats; no supervisor of the co-worker had required her to do so.

Simply, this ruling sets a precedent that an employer cannot be held liable under workers’ compensation for an injury that occurs on workplace premises if the employee who was injured as no “exposed to a common risk to a greater degree than the general public,” stated to the Bulletin.

This is what is known as a neutral risk. Injuries that occur due to a neutral risk are not compensable by the WCA unless the employee was exposed to the risk disproportionately to the general public. If, for example, the secretary was required to bring baked goods and had tripped on the stairs primarily because she was carrying them in a hurry to get back by an unreasonably mandated time, she may have had a case for compensation under the WCA.

If you or someone you know is considering filing for workers’ compensation but are not sure whether or not you qualify for benefits, the most important step is to seek the counsel of a legal attorney. Contact an Illinois workers’ compensation lawyer today.

Workers Comp Claim Only Remedy for Widow of “Borrowed Employee”

August 5th, 2012 at 3:19 pm

Workers compensation is the exclusive remedy for the widow of an auto dealership employee killed on the job while working as a “borrowed employee” at an affiliated business, according to an Illinois appellate court.

Milovan Prodanic was a maintenance worker and driver for Grossinger Chevrolet in Palatine, Ill., court records show. In 2008, Mr. Prodanic was sent by Grossinger to repair an overhead garage door at Grossinger City Autocorp Inc. in Chicago, a Toyota dealership with the same owners as Mr. Prodanic’s employer.

The garage door was activated while Mr. Prodanic was working, and he died after falling from an elevated work platform, records show. Mr. Prodanic’s wife filed a wrongful death lawsuit against City Autocorp. But a Cook County, Ill., circuit court found that workers comp was the exclusive remedy for Ms. Prodanic since her husband a “borrowed employee” of City Autocorp.

In her appeal, Ms. Prodanic argued that her husband should not be considered a loaned employee under Illinois workers comp law because Mr. Prodanic’s salary, as well as workers comp coverage, was paid exclusively by the Chevrolet dealership.

Illinois’ 1st District Appellate Court upheld the circuit court’s decision in a unanimous panel ruling on Thursday. In its decision, the court said workers become the employees of companies to which they are loaned while performing special tasks.

Though Mr. Prodanic’s employment was provided by the Chevrolet dealership, the appellate court said that he should also be considered a City Autocorp employee because managers at that company had the power to direct his work.

“The record… shows that at a minimum, an implied contract for hire existed between (Mr. Prodanic) and City Autocorp,” the ruling reads.

If you have been injured while at work it is in your best interest to get dedicated legal help. Do not hesitate, but take the help of the Illinois workers’ compensation act and. consult with a qualified Chicago workers’ compensation attorney as soon as possible.

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