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Archive for the ‘workers compensation’ tag

Workers’ Compensation vs. Personal Injury

July 11th, 2018 at 5:26 pm

DuPage County workers compensation attorneys, personal injury claims, prove negligence, survivor benefits, workers compensationWorkers’ compensation and personal injury claims may help you recover compensation after an accident that left you injured. Since it may be unclear which type of claim is right for your particular situation, consider the following guide to help you understand how workers’ compensation and personal injury claims differ.

Fault in Causing the Accident

The issue of who is at fault in causing an accident is one of the key differences between workers’ compensation claims and personal injury claims. In a personal injury claim, you must prove the other party’s negligent actions caused the accident and injuries you have sustained.

However, in a workers’ compensation claim, you are not required to prove negligence. Since Illinois workers’ compensation is a no-fault system, you are entitled to collect workers’ compensation benefits if your accident and injury occurred while you were working. Even if you caused the accident, you may recover workers’ compensation benefits.

Types of Compensation

Compensation also differs in workers’ compensation and personal injury cases. In a personal injury claim, you may recover compensation for the following damages if you are able to prove negligence:

  • Past and future medical bills;
  • Past and future lost wages;
  • Pain and suffering;
  • Emotional distress;
  • Disability and disfigurement; and
  • Wrongful death

Damages such as pain and suffering and emotional distress, are not recoverable in Illinois workers’ compensation cases. In a workers’ compensation claim, you may recover for the following:

  • Medical Expenses: 100 percent of all medical expenses are covered without any deductibles or co-insurance payments.
  • Partial Permanent Disability (PPD): PPD is designed to compensate your injuries if you sustain a partial loss of the use of a body part.
  • Permanent Total Disability (PTD): If you are unable to work because of your injury or you lose two of the same body parts, you are entitled to PTD benefits for life.
  • Wage Loss: In the event your injury prevents you from performing your job, or you must take a lower paying position, you can collect wage loss differential benefits.
  • Vocational Training: If you are unable to return to your job because of your injury, you may receive compensation for retraining so you can receive the training you need to work in another profession.
  • Survivor Benefits: If your loved one was killed on the job, you are eligible for survivor benefits.

Contact Our DuPage County Workers’ Compensation Attorneys

If you have suffered from a workplace injury, it is important to seek highly skilled legal representation. Contact our experienced DuPage County workers’ compensation attorneys for assistance with your claim and more information on the differences between personal injury and workers’ compensation claims.

Source:

https://www2.illinois.gov/sites/iwcc/Pages/default.aspx

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/

How Fraudulent Workers’ Comp Claims Complicate the System

June 9th, 2017 at 11:21 pm

Illinois injury lawyer, Illinois workers comp attorneyWhile most injured workers are honest about their injuries, there are a select few that attempt to inflate their injuries. Some will even go so far as to completely stage a situation that leads to injury. One prime example is a recent case in which a woman hit herself in the head with a sprinkler head after it hit her desk. Situations like this not only make a bad name for victims, they complicate an already complex workers’ compensation system. Learn more with help from the following.

Examining the Complexities of Workers’ Compensation

Workers who are injured on the job often assume that filing a claim will automatically lead to a payout for missed time at work. Unfortunately, this is not always the case. First, it takes time to pursue a claim. Second, if an insurance agent suspects fraud or feels that the injury is not significant enough to warrant payout, they can investigate further or deny the claim. To make matters even more frustrating, not all payouts are what victims expect.

How Fraudulent Claims Make the Situation Worse

When other workers file fraudulent claims, they slow down the process for those with legitimate injuries. They also increase suspicion for workers with valid injuries, making it more likely that they will experience investigative delays. To make matters even worse, there are fraudulent claims that make their way through the system; payout for these false claims can also place unnecessary stress on the system. This, too, can make things more difficult for the injured workers that need the compensation.

Navigating Your Own Claim

Because of the complexities of the system itself, and those that are added by fraudulent claims, it is suggested that workers seek legal assistance when filing a claim. Not only can this help decrease the processing time and increase the chances of a successful outcome, it also gives employees the time and energy they need to heal from their injuries. This time and energy could potentially increase the chances that the worker can eventually return to work.

At the Law Offices of Francis J. Discipio, we work hard to assist workers through their claims. We understand the complexities of the system and we stand by your side, every step of the way. Learn more about how our Chicago workers’ compensation lawyers can assist with your claim. Call 630-574-2288 and schedule your consultation with us today.

 

Source:

http://www.turnto23.com/entertainment/workers-comp-fraud-caught-on-camera

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