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Archive for the ‘workers’ compensation claims’ 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

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

Hazardous Chemicals

October 13th, 2017 at 9:55 am

Chicago workers’ compensation attorneys, harmful chemicals, hazardous chemicals, OSHA regulations, workers' compensation claimsOne of the greatest dangers that people face while on the job is the exposure to harmful chemicals. According to the Occupational Safety and Health Administration (OSHA), hazardous chemicals cause more than 190,000 illnesses and 50,000 deaths every year for workers in the United States. These chemicals can not only endanger workers’ health by causing respiratory or skin irritation or increasing the risk of diseases such as cancer, they present physical dangers such as flammability and corrosion.

Employees who receive an injury or contract a disease after being exposed to toxic substances are eligible to receive workers’ compensation to cover expenses including medical bills and lost income.

OSHA Regulations

OSHA provides safety to workers by requiring employers to meet certain standards, including:

  • Worker education and training - Employers must label hazardous chemicals, provide safety data sheets, and train workers in how to appropriately handle chemicals and take measures to protect themselves from exposure.
  • Exposure limits - Employers must monitor respiratory hazards in their workplaces and ensure that they do not exceed the applicable Occupational Exposure Limits (OELs). These limits include OSHA’s Permissible Exposure Limits (PELs), as well as PELs established by state authorities and Recommended Exposure Limits (RELs) established by federal agencies.

Controlling Exposure

OSHA has described four ways that employers can control their employees’ exposure to hazardous chemicals:

  • Elimination/substitution - Employers should make an inventory of potentially harmful chemicals, identify the hazards which present the greatest safety concerns, and determine whether alternative chemicals or processes could be used to improve worker safety.
  • Engineering controls - Employers should put physical controls in place to reduce or eliminate hazards to workers. These controls can include altering or isolating work processes to minimize contact with chemicals, using wet methods to reduce the generation of particulates, and implementing dilution ventilation.
  • Administrative and work practice controls - Employers should establish efficient procedures and adjust employees’ work schedules as necessary to prevent overexposure to harmful chemicals.
  • Personal protective equipment - Employers should ensure that employees always use the proper equipment that will limit their exposure to harmful chemicals, including protective clothing, eye protection, gloves, and respiratory equipment.

Contact a Workers’ Comp Attorney

If you have been exposed to harmful chemicals while at work, and you suffered an injury or contracted a disease as a result, the dedicated attorneys at the Law Offices of Francis J. Discipio can help you receive the compensation that you deserve. Contact our Chicago workers’ compensation attorneys today to schedule a free initial consultation.

Source:

https://www.osha.gov/SLTC/hazardoustoxicsubstances/

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