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Archive for the ‘workplace injury’ tag

Social Media Evidence in Workers’ Compensation Cases

June 27th, 2018 at 7:22 pm

DuPage County workers compensation attorneys, social media evidence, workers' compensation case, workers’ compensation claim, workplace injuryMost people use social media every day. They spend time on Facebook, Twitter, LinkedIn, and other social media outlets to share information about themselves and discover what is going on in the lives of their friends, family, and acquaintances.

If you get hurt at work, however, you should be careful about using social media — whatever you post has the potential to be used against you in a workers’ compensation case. 

How Social Media Can Hinder a Workers’ Comp Case

The success of a workers’ compensation claim depends on whether or not an employee sustained an injury while he or she was working. Since insurance companies and employers are in business to make money and would like to pay nothing or as little as possible for workers’ compensation claims, many will search for any way to avoid liability for a claim.

One of the ways employers and insurers avoid liability for workers’ compensation claims is by trying to find evidence that an employee misrepresented his or her alleged on the job injury. If you get hurt at work and document anything related to your injury on social media, you may be creating evidence that can be used against your claim.

For example, if you claim that your workplace injury has hurt your legs and are posting pictures of running laps at the gym with your friends, the employer or insurance company can use this as evidence to prove that your legs are fine and you do not need time away from work or reimbursement for your medical bills and lost wages.

When Can Social Media Evidence Be Used as Evidence?

It is important to note that while social media may be used as evidence in workers’ compensation cases, the court does consider all types of social media evidence. In order for social media evidence to be valid, it must be relevant to the case and authenticated. It must also address any unconfirmed information and adhere to the rule of best evidence.

Keep in mind that even though insurance adjusters and employers do not have the right to bypass privacy settings in order to look at your photos and information, they may still find content to use against you if any of your photos or posts are posted publicly by others.

Contact Our DuPage County Workers’ Compensation Attorneys

If you have suffered from a workplace injury, we encourage you to keep your social media activity at a minimum. This way, you can increase your chances of collecting the maximum compensation you may deserve. Contact our experienced DuPage County workers’ compensation attorneys for assistance with your claim.

Source:

https://www.americanbar.org/publications/youraba/2016/november-2016/how-to-get-social-media-evidence-admitted-to-court.html

5 Tips on Returning to Your Job After a Work Injury

June 13th, 2018 at 10:06 am

DuPage County workers compensation attorneys, work injury, worker's compensation insurance, workplace injury, work-related injuryAfter you have been hurt on the job, your recovery should be your top priority. Although workers’ compensation insurance can help you recover by providing you with compensation for your medical bills, there are certain steps you need to take in order to return to work in a safe and efficient manner. 

Consider the following five tips to help you return to work after you have sustained a work-related injury:

1. Do Not Return Until You are Ready

Although you may be tempted to return to work before your doctor says it is okay, refrain from doing so. If you return to work too early, you can prolong your recovery and increase your chances of enduring another injury.

2. Be Open and Honest with Your Boss

When you are ready to return to work, be open and honest with your boss. Let him or her know of any physical or mental limitations you may be experiencing. This way, he or she will know what to expect and will understand why you cannot perform a certain task or work as efficiently as you could in the past.

3. Consider Returning to Work Part-Time

In the event you are worried about returning to work full time, consider working part-time hours until you are comfortable going back to full time. Although this is not financially feasible for everyone, it is a good idea if you can afford a part-time income.

4. Take Advantage of Vocational Rehabilitation

If you are cleared to return to work but are unable to perform the job you previously could, you may be eligible for vocational rehabilitation. Vocational rehabilitation services will give you the opportunity to meet with an expert who can help you find a job that you are able to perform. The job will be one that pays similarly to your previous job.

5. Conduct a Practice Run

In the weeks leading up to your return to work, you should practice your morning routine. This will allow you to partially get back in the swing of things so that you are well prepared when it is time for you to go back. Try to get in the habit of waking up at the appropriate time, showering, getting dressed, and commuting to your job.

Contact Our DuPage County Workers’ Compensation Attorneys

If you have sustained a workplace injury, you should contact our highly skilled DuPage County workers’ compensation attorneys right away. We can ensure your rights as employer are protected and answer any questions you may have about workers’ compensation.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2430&ChapAct=820%C3%A2%E2%82%AC%C2%A0ILCS%C3%A2%E2%82%AC%C2%A0305/&ChapterID=68&ChapterName=EMPLOYMENT&ActName=Workers%27+Compensation+Act.

OSHA Mandates the Electronic Reporting of Work Injuries

May 14th, 2018 at 5:17 pm

DuPage County workers compensation attorneys, OSHA mandates, work injuries, workplace injury, unsafe work practicesThe Occupational Safety and Health Administration or OSHA recently introduced a new rule that requires work injuries from certain businesses to be reported electronically via a new online injury tracking application. Since these businesses have already been required to keep records, this rule will not completely change how they operate. However, it is important to be aware of who is affected by this rule, why it was established, and who it can benefit.

What Businesses are Affected?

The new electronic reporting rule is for businesses with 250 or more employees. It was intended for businesses in industries that are known for high rates of workplace injuries. These industries include:

  •         Construction;
  •         Hospitals;
  •         Manufacturing;
  •         Nursing homes;
  •         Transportation; and 
  •         Utilities.

The Purpose of the New Rule

OSHA enacted this rule to improve the safety of industries with a track record of many on the job of injuries. The electronic data they gather will help them study the injuries and illnesses that arise.

Studying these injuries and illnesses will allow them to find patterns that may lead to recurring problems, design methods that can prevent common injuries, and pinpoint and eliminate hazards before they lead to injuries.

How Employees Will Benefit From the New Rule

The new role will also benefit employees because it will encourage them to disclose unsafe work practices without having to worry about retaliation. Although retaliation is currently illegal, OSHA has implemented more rules to protect anyone who reports unsafe or illegal activities in the workplace.

The new rule states that businesses must notify their employees of their right to report injuries and illnesses without worrying about retaliation. It also directs them to provide easy reporting instructions so that every employee is clear on how to report.

How Businesses Feel About the New Rule

While some businesses are okay with the new rule, others are not happy. Since electronic reporting means that their reports will become public, they are worried that investors may refrain from choosing their business. In addition, they are concerned that electronic reporting can lead to negative public relations.

OSHA believes that electronic reporting will benefit businesses because it will motivate them to create a safer workplace in order to keep their public profile positive. If they are dedicated to gaining investors and employees as well as customers, they will likely do whatever they can to reduce injury risk.

Contact the DuPage County Workers’ Compensation Attorneys

If you are injured on the job or notice an unsafe working condition, contact our highly skilled DuPage County workers’ compensation attorneys. We will make sure your rights are protected and guide you through the claims process if necessary.

Source:

https://www.insurancejournal.com/news/national/2017/12/15/474462.htm

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