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Archive for the ‘workers’ compensation claim’ tag

Leading Causes of Work-Related Injuries

July 12th, 2017 at 10:40 am

Illinois workers injury attorney, Illinois workers comp lawyer,A study conducted by Travelers Insurance examined what were the leading causes of workplace injury accidents. The study, titled “Injury Impact Report,” used data from over 1.5 million workers compensation claims that had been filed between 2010 through 2014. The claims came from all over the country and involved multiple types of industries.

Study Results

The study found that the most common types of work-related injuries were:

  1. Strains;
  2. Fractures and sprains;
  3. Contusions;
  4. Cuts;
  5. Punctures;
  6. Inflammation; and
  7. Chronic Sickness.

The injury type that caused the most lost days from work was inflammation, with an average of 91 missed days. This was followed by fractures, which caused an average of 78 days missed days. Coming in third was strains and sprains, both averaging 57 lost days, with punctures and cuts causing 24 lost days from work.

The study also examined what were the most expensive injuries and how much were the average costs per claim. The most common injuries, listed above, averaged between $8,000 to $42,000 per claim. The most expensive claims were:

  • Amputations, with an average of $102,500 per claim;
  • Dislocations, with an average of $94,100 per claim;
  • Electric shock, with an average of $55,200 per claim;
  • Crushing, with an average of $54,600 per claim; and
  • Multiple trauma, with an average of $50,000 per claim.

Researchers also took a look at what were the most frequent causes of work-related injuries. The top causes included:

  • Handling of material, responsible for 32 percent of filed claims;
  • Slips, trips, and falls, responsible for 16 percent of filed claims;
  • Colliding or being struck by an object, responsible for 10 percent of filed claims;
  • Tool-related accidents, responsible for 7 percent of filed claims;
  • Strain or trauma developing over time from strain or overuse, responsible for 4 percent of all filed claims.

After examining all the accident statistics, researchers next determined which types of accidents and injuries were more prevalent to which industries. There conclusions included:

  • Material handling accidents caused almost 40 percent of claims, making it the top cause of injuries, but was especially prevalent in both retail and manufacturing industries;
  • The top cause of injuries in the retail and construction fields were falling from height;
  • Motor vehicle accidents were the number one cause of injury in the gas and oil industry; and
  • The number one injury in both construction and manufacturing were eye injuries.

Let an Illinois Workers Compensation Attorney Advocate for You

If you have been injured in a work-related accident, consider contacting a skilled Chicago workers compensation attorney. Even if your employer and insurance carrier appears to be cooperating with you, work accident injuries can be complex and victims should have an attorney advocating and protecting their rights. Contact Law Offices of Francis J. Discipio today at 630-574-2288 to schedule your initial consultation.

The Illinois Workers’ Compensation Claims Process

December 26th, 2015 at 2:09 pm

workers' compensation, claims process, Illinois workers' compensation attorneyMany workers never get the benefits they are entitled to because they don’t understand how the workers’ compensation claims process works. Illinois’s workers’ compensation law is designed to protect workers from the hazards of their occupations by allowing them to get paid for lost wages and medical treatment when the injury is caused by their work.

Immediately After the Injury

If you are injured at work there are three things you need to as quickly as possible to protect your rights to workers’ compensation benefits:

  • Report the accident to your employer;
  • Seek medical treatment for your injury and explain how you were injured; and
  • Find a worker’s compensation lawyer.

If you fail to report the accident or to seek appropriate treatment, your claim can be denied. While you are not legally required to have a lawyer help you with your claim, an experienced workers’ compensation lawyer significantly improves your chances of getting the full amount of compensation you are legally entitled to.

Making a Claim

After your injury you will need to file a claim with your employer. Under workers’ compensation law you do not have to prove your employer was negligent. Your employer is legally required to have workers’ compensation insurance. If your employer tells you there is no coverage or that you do not qualify for workers’ compensation, you need to speak with a lawyer right away.

Once you file a claim with the employer’s insurance company the claim will either be approved or denied. If the claim is denied, or it is not approved in full, you can bring a case before the Illinois Workers’ Compensation Commission (IWCC).

You will be assigned an arbitrator who will monitor your case. Once you are as recovered from the injury as you are going to get, you have to request a trial. If you do not request a trial and three years pass, the case can be dismissed and you will not receive any compensation.

If you lose your case before the arbitrator, you can appeal your case to the IWCC commissioner.

Under Illinois law you have the burden of filing your claim on time and to prove you qualify for workers’ compensation benefits.

If you have been injured at work you don’t have to fight your claim by yourself. Speak with a knowledgeable DuPage County workers’ compensation lawyer right away to protect your rights. Call the Law Offices of Frank J. Discipio at 630-574-2288 to schedule a consultation.

Sources:

http://www.iwcc.il.gov/act.pdf

http://www.iwcc.il.gov/benefits.htm

Can Failing a Drug Test Jeopardize Your Ability to Collect Workers’ Compensation?

August 27th, 2015 at 4:10 pm

drug test, workers compensation benefits, Illinois Workers' Comp AttorneyAs states across the nation gradually decriminalize marijuana, many U.S. citizens are wondering if drug tests are still as consequential as they once were. Drug tests are common in many career fields, and despite the recent reforms, testing positive for marijuana could still have serious repercussions.

In Illinois, medical marijuana use is legal for properly-registered citizens. But what happens if they test positive for THC? Will they still be eligible for workers’ compensation benefits?

Do I Have to Take a Drug Test after a Work Injury?

In Illinois, all injured employees have to take a drug test in order to collect workers’ compensation. However, if you fail, there is still a possibility that you could receive benefits if the drug or alcohol was not the cause of your injury.

Your attorney can argue that the drugs or alcohol did not contribute to the accident. For example, if your injury was the result of a mechanical failure, or if your employer was not following standard safety protocols as outlined by the Occupational Safety and Health Administration (OSHA), then you may still be eligible for workers’ compensation.

IWCC Rules on Employee Drug Testing

The Illinois Workers’ Compensation Commission (IWCC) establishes the regulations for drug testing and how the results affect workers’ compensation. According to the IWCC, there are several requirements for a drug test to be considered valid. In addition to the mandatory paperwork, only a qualified medical professional can perform a urine or blood test.

If your drug test was not carried out according to IWCC regulations, then your attorney may call into question its validity. As a result, even if you fail the drug test and there was no obvious negligence on the part of the employer, it still may be possible to collect workers’ compensation.

The laws that govern these benefits are complex, and if you have been denied workers’ compensation, then you should discuss your options with an attorney. To schedule a consultation with a Chicago workers’ compensation lawyer, call the Law Offices of Francis J. Discipio at 630-574-2288 for a free initial consultation.

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