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Archive for the ‘workplace injury’ tag

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

Why Following Doctor’s Orders is Important for Your Workers’ Comp Case

January 31st, 2018 at 2:01 pm

doctor's orders, Chicago workers compensation attorneys, work related injury, workers’ comp case, workplace injuryUnder the Illinois Workers’ Compensation Act, employees who are hurt on the job are eligible to receive medical and wage loss benefits. However, these benefits are not automatic—there are certain rules that injured employees must follow in order to receive them. One of the most important rules is following doctor’s orders. 

Steps to Take After a Work Injury

Immediately after you experience a work-related injury, you must report it to your supervisor or employer. Then, you should seek medical treatment as soon as possible. Once you visit a primary care doctor and/or specialist, he or she will document your injury and determine a care plan that will help you recover in an efficient and timely manner.

Your care plan may include diagnostic tests such as x-rays and MRIs, doctor’s appointments, overnight stays at the hospital, surgery, physical therapy, occupational therapy, speech therapy, and nursing home or home health care services. In addition, you will likely need to take certain prescription medications and use medical equipment such as a wheelchair, crutches, or braces.

Losing Benefits if Doctors Orders Are Not Followed

After your doctor and/or specialist outlines your care plan, you must follow it as ordered. If you refrain from doing so, you may lose your workers’ compensation benefits and hinder your recovery. Therefore, you should attend all doctor’s appointments, take medications as prescribed, utilize all medical equipment, and ask if you are unsure about a certain aspect of your care plan.

If you cannot make an appointment or are unable to adhere to one of your doctor’s orders, be sure to carefully document why. For example, if your ride cancelled on you and you have no way of getting to the doctor’s office, write down the name and number of the individual or company that was supposed to drive you.

Additionally, you should never go back to work until your doctor and/or specialist informs you that you can. In the event you disagree with your doctor’s care plan or believe that he or she is releasing you to go back to work too early or too late, you should consider changing medical providers.

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

If you have been injured on the job, it is in your best interest to call our Chicago workers’ compensation attorneys at 630-574-2288 for a free consultation. We will inform you of your rights and ensure that you do not make a mistake that costs you the medical and wage loss benefits to which you may be entitled.

Source:

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

The Top Types of Workplace Safety Violations in 2017

December 14th, 2017 at 9:02 am

Chicago workers’ comp attorneys, workplace safety violations, OSHA standards, workplace injury, safety equipmentEach year, the Occupational Safety and Health Administration (OSHA) releases a list of the 10 types of safety violations that are most frequently cited in the United States. Employers have a duty to keep their employees safe while they are on the job, and they should take steps to maintain compliance with OSHA’s rules. Workers should also be aware of their rights, including their ability to seek workers’ compensation if they are injured on the job.

Here are the top 10 violations, including explanations of what they entail:

  1. Fall Protection in Construction – Employers should make sure surfaces have the strength to support workers, and provide protection at the sides and edges of surfaces, roofs, holes, openings, excavations, or equipment which are at least six feet above a lower level.
  2. Hazard Communication – Employers must provide their employees with information about hazardous chemicals or toxic substances, including labeling hazardous substances, providing safety data sheets, and training employees on appropriate work practices, the proper use of protective equipment, and emergency procedures.
  3. Scaffolding – Scaffolds must be able to support their own weight and at least four times their maximum intended load, and they must provide proper guardrails or other fall protection systems.
  4. Respiratory Protection – Employers must provide respirators when they are necessary to protect their employees’ health, and they must have a written respiratory protection program that defines worksite-specific procedures for the required use of this equipment.
  5. Lockout/Tagout – Employers must have procedures in place to protect workers’ safety when they are performing maintenance on a piece of equipment.
  6. Ladders – Ladders must be able to support at least four times their intended load.
  7. Powered Industrial Trucks – Employees must receive proper training on the use of equipment like forklifts or motorized hand trucks.
  8. Machine Guarding – Equipment must contain proper guards to protect employees from hazards such as rotating parts, flying chips, and sparks.
  9. Fall Protection Training – Employers must provide employees with proper training on how to recognize and avoid fall hazards, including the proper use of protection equipment and systems.
  10. Electrical Wiring Methods – Proper methods must be used to protect workers’ safety from electrical hazards in the workplace.

Contact an Illinois Workers’ Comp Attorney 

If you have been injured while at work because of a violation of OSHA standards, the experienced attorneys at the Law Offices of Francis J. Discipio can help you receive workers’ compensation that will allow you pay medical bills and recover any lost income. Contact our Chicago workers’ comp attorneys today at 630-590-9609 to schedule a free initial consultation.

Sources:

https://safety.blr.com/workplace-safety-news/safety-administration/OSHA-and-state-safety-compliance-enforcement/Breaking-OSHA-announces-top-10-violations-for-FY-2/

https://www.prnewswire.com/news-releases/oshas-top-10-violations-for-2017-revealed-at-national-safety-council-congress–expo-300525928.html

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