"AMERICA, HOME OF THE FREE, BECAUSE OF THE BRAVE" OFFERING FREE CONSULTATIONS 630-574-2288
Chat
Espanol

Archive for the ‘workers’ compensation benefits’ tag

5 Reasons to Hire a Lawyer for a Workers’ Compensation Case

January 18th, 2018 at 8:43 pm

Chicago workers’ compensation attorney, workers' compensation case, lawyer consultation, workers’ compensation benefits, work injuryIf you sustain an injury while at work, you may face a great deal of stress. In addition to filling out paperwork for a workers’ compensation claim and trying to determine which benefits you may be qualified to receive, you may additionally face medical bills, lost wages, and other difficulties.

Fortunately, an experienced workers’ compensation lawyer can improve your situation and will work to make your life easier during this challenging time.

Consider the following reasons why you should hire a lawyer for your workers’ compensation case:

  1.       Denial Prevention

It is not uncommon for workers’ compensation claims to get denied. Your claim may get denied because you failed to notify your employer of your injury on time, were not treated by an approved medical provider, never received any medical treatment, or did not file your paperwork on time. A lawyer can help you prevent a claim denial.

  1.       A Greater Understanding of Your Rights

Workers’ compensation laws in Illinois can be complex. A lawyer can clearly explain the laws to you so that you know how the claim process works and the benefits to which you may be entitled. Although there is literature available explaining these laws, receiving this information from a lawyer will help you avoid any confusion or misinterpretation. In addition, a lawyer can make sure you are meeting certain deadlines and filling out paperwork correctly.

  1.       Assistance in Receiving Quality Medical Treatment

After you have been injured at work, your health and recovery should be your top priority. Unlike insurance companies and employers who may not always have your best interests at heart, a lawyer can assist you in receiving quality medical treatment so that you can get back on your feet as soon as possible.

  1.       Benefits Evaluation

Once you receive your workers’ compensation benefits, a lawyer can review them to ensure that they are right for you and your particular injury and its severity. A benefits evaluation can ensure you are being treated fairly.

  1.       Free Consultation

Most lawyers offer free consultations to injured employees who are interested in learning more about their services. That being said, there is no financial risk with simply speaking to a lawyer about your case and rights.

Contact Our DuPage County Workers’ Compensation Attorneys for a Free Consultation

If you have been injured at work, contact a compassionate Chicago workers’ compensation attorneys at 630-574-2288 right away. With our legal representation by your side, you can protect your rights and focus on recovering.  

Source:

https://www2.illinois.gov/sites/iwcc/about/Pages/workers.aspx

Injuries Caused by Third Parties

December 27th, 2017 at 7:33 pm

Chicago workers’ compensation attorney, injuries caused by third parties, personal injury claim, personal injury lawsuit, workers' compensation benefitsSeveral weeks ago 36-year-old driver struck two construction workers in Joliet, Illinois, causing serious injuries, according to the Joliet Patch. The man was on his cell phone when he approached a work zone on Interstate 80. Distracted, the man drove his 1996 Ford F-350 into a digital board sign and then into two construction workers, both of whom were taken to the hospital. He was charged with aggravated driving and aggravated reckless conduct. But what does this mean for the two construction workers in terms of compensation? Will they be able to sue or are they merely limited to workers’ compensation benefits? 

If you are in a similar situation, and have been injured by a third party while you were on the clock at work, you need to contact an attorney immediately. A Chicago workers’ compensation attorney will be able to answer all your questions and help you towards the road of financial stability 

Collecting Workers’ Compensation and Filing a Lawsuit Requires an Experienced Attorney

When you get injured by a third party while you are at work, such as the case above, you have the ability to receive workers’ compensation and pursue a personal injury lawsuit at the same time. The workers’ compensation will kick in immediately, while the lawsuit or settlement will likely take many months or even years. You get the best of both worlds in this situation, right? Unfortunately, your employer’s insurance company will most likely apply a lien to the personal injury claim. This means that they will soak up some or much of the compensation that you receive from the negligent third party. Let us use the following as an example:

  • Your injuries cost $100,000 in medical damages and lost wages, paid for by your employer’s insurance carrier; and
  • You successfully settle or win a personal injury lawsuit for a net gain of $120,000.

Your employer’s insurance company could theoretically place a lien on that claim for up to $100,000, and attempt to collect all of that money. This would leave you with just a fraction of what your injuries were worth. Seems unfair, and is doubly so when taken into account the fact that in Illinois, your employer’s carrier has the ability to sue the third party directly. While workers’ compensation can be divvied out fairly quickly, and go directly towards medical coverage, paying the mortgage, and putting food on the table, it does not provide any compensation for pain and suffering, which is often the largest aspect of a personal injury lawsuit.

Call an Attorney Today 

You need to work with an attorney who will aggressively fight for every dollar of the personal injury lawsuit winnings, and ensure that your employer does not take back what you fought to receive and is rightfully yours. We encourage you to contact an experienced Chicago workers’ compensation attorney with the Law Offices of Francis J. Discipio today.

Sources:

http://www.uslaw.org/files/Compendiums2016/2016_USLAW%20State-by-State%20Subrogation%20Rights%20for%20Workers%20Compensation%20Liens%20Compendium.pdf

https://patch.com/illinois/joliet/two-workers-injured-i-80-after-distracted-driver-strikes-them-state-police

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/

Back to Top Back to Top Back to Top