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Workers’ Compensation and Suing Your Employer

November 30th, 2020 at 11:16 pm

IL work injury lawyer, IL workers comp attorneyIn an average year, around 3 million people suffer injuries in the course of doing their jobs across the country. These injuries cost companies tens of billions of dollars, including both lost productivity and the costs of treating the workers’ injuries. In Illinois, as in all other states, a workers’ compensation program was developed to help injured employees by providing benefits to cover medical expenses, retraining costs, and even a percentage of the wages lost due to their injuries. While workers’ compensation is available in most cases in which the injured worker is an employee, many people are often curious if they can sue their employer in pursuit of additional compensation.

Workers’ Compensation and Fault

According to the Illinois Workers’ Compensation Commission, the state’s work comp program is entirely a no-fault system that is intended to protect injured employees. The program’s benefits are usually payable regardless of who caused the injury or whether negligence was a factor. In fact, an employee could even collect workers’ comp benefits if he or she caused his or her own injuries through carelessness. If injured workers had to prove that their injuries were caused by negligence by their employers or any other parties, the state’s work comp program would pay on far fewer claims, leading to thousands of injured employees with no income and no recourse.

For example, if you were at work and performing a task on a ladder—a ladder that was maintained properly and in proper working condition—and you turned to reach something above your head, could you accuse your employer of being negligent if you fell? Under the workers’ compensation program in Illinois, the answer to that question is of no consequence. Workers’ comp benefits would likely be available for your injuries.

Express Limits on Suing Your Employer

The Illinois Workers’ Compensation Act is the law the primarily governs the workers’ compensation program in the state. This law explicitly states that a person who subject to the law and eligible to claim work comp benefits does not have any “common law or statutory right” to file a lawsuit against his or her employer for losses caused by the injury. There are some exceptions to this law, but they are very limited. For example, if you were physically attacked by your employer, for example, you would be entitled to sue your employer. You might also be able to sue if your employee intentionally engages in conduct that is highly likely to cause serious injury or death to workers, but such cases are exceedingly rare. Generally, if you are hurt on the job, you do not have the option of suing your employer.

An Illinois Workers’ Compensation Lawyer Can Help

If you have suffered an injury in the course of doing your job and you have questions about collecting workers’ comp benefits, contact a Chicago workers’ compensation benefits attorney to get the answers you need. Call 630-574-2288 for a free consultation at the Law Offices of Francis J. Discipio today. We have the experience and resources to help you get the resources you need to start putting your life back together.

 

Sources:

https://www.bls.gov/news.release/pdf/osh.pdf

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2430&ChapterID=68

https://www2.illinois.gov/sites/iwcc/resources/Pages/faq.aspx

What You Should Know About Exposure to Radiation in the Workplace

November 18th, 2020 at 12:34 pm

IL occupational illness lawyer, IL work injury attorney, exposure to radiation in the workplace lawsuit,Radiation is a form of energy that travels through space in waves. The sun, for example, produces massive amounts of radiation in the form of heat and light and upon which we rely for our very existence. Similarly, a microwave oven uses radiation to agitate water molecules in food, which, in turn, heats the food, leaving it perfectly safe to eat. Even the music you hear coming from the speakers in your car are being transmitted to your ear as radio waves—yet another form of radiation. Some kinds of radiation, however, are not quite so benign, and they have the power to cause injury and even death.

Every day, thousands of workers in hundreds of different jobs are exposed to various types of radiation in the course of their work. If you have been exposed to unsafe levels of radiation, and you have suffered illness or injury as a result, you may be entitled to collect workers’ compensation benefits.

Recognizing Harmful Forms of Radiation

When most people think of harmful radiation, they tend to think of “ionizing” radiation. Ionizing radiation is a type of radiation that carries enough energy to ionize atoms, which can destabilize molecules within the body’s cells and cause tissue damage. Beta particle radiation, x-rays, and gamma rays are particularly dangerous types of ionizing radiation.

“Non-ionizing” radiation, by comparison, is much less powerful than ionizing radiation, and the applications of non-ionizing radiation are generally considered to be much safer as well. Microwave, radio wave, very low frequency (VLF), and extremely low frequency (ELF) radiation are all non-ionizing forms of radiation. Long-term exposure, however, to non-ionizing radiation can lead to cumulative effects on the body—especially to the skin and eyes.

There are many different jobs in which exposure to radiation is common. These include but are not limited to:

  • Airplane pilots and flight crews
  • Radiologic technicians
  • Dental hygienists
  • Nurses
  • Surgeons
  • Security personnel using metal detectors or x-ray machines
  • Cell tower workers

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Radiation Poisoning Symptoms

Indications of radiation exposure or poisoning are not always immediate. In fact, only the most severe cases usually cause immediate symptoms. Usually, symptoms such as dizziness, nausea, weakness, vomiting, diarrhea, and other indicators are not evident until several hours or even days later. More serious symptoms, such as hair loss and bodily infections, may take even longer.

If you are concerned that you were exposed to harmful radiation at work, it is important to seek medical attention at the first signs of any radiation-related symptoms. In most cases, symptoms generally appear in two distinct phases. The first phase usually includes malaise, nausea, and vomiting, which may dissipate completely before the second phase of more serious symptoms develops.

Call a Chicago Workers’ Compensation Lawyer

Overexposure to radiation at work can lead to extremely serious problems, including cancer and death. If you have been exposed while on the job, it is important to seek guidance from an Illinois workers’ compensation attorney. At the Law Offices of Francis J. Discipio, we can help coordinate your medical care and get you the benefits to which you are entitled under the law. Call 630-574-2288 for a free consultation with a member of our team today.

 

Source:

https://www.osha.gov/radiation

Four Important Steps to Take When You Are Injured at Work

October 26th, 2020 at 1:12 pm

IL job injury lawyer, Illinois workers comp attorneyEach year, tens of thousands of American workers suffer injuries in the course of performing their jobs. Many of these injuries are relatively minor and require little more than basic first aid. Others, however, are much more serious and may result in significant time away from work for the victim. If you have been hurt while on the job in Illinois, you are most likely eligible for workers’ compensation benefits, but you will need to act quickly in order to protect your eligibility.

Step #1: Get Medical Attention

If you are injured at work and you have any questions regarding the severity of your injury, your first step should be to get checked out by a medical professional as soon as possible. You can go to a doctor’s office, the emergency room, or an urgent care center. You could also stop at your workplace’s medical officer or see the on-site nurse if one is available at your job. By seeking medical attention right away, you can obviously get the help you need, but you will also be able to document your injuries—which can be critical in filing your claim for compensation later.

Step #2: Notify Your Employer

Under the law in Illinois, a workplace injury usually needs to be reported to your employer within 45 days from when the injury occurred. Failure to notify your employer in a timely manner could jeopardize your ability to file a claim for workers’ compensation benefits. In your report, be clear about the nature of your injury and the body parts affected to prevent confusion down the road. Also, be sure to follow any company-specific reporting protocols that your employer may have. However, do not let your employer talk you out of reporting your injury or filing a claim.

Step #3: Organize Your Paperwork

It is very important that you keep a copy of all of the records that are generated as you continue with your medical care following your injury. This includes documentation of each visit, doctors’ reports, pharmacy receipts, bills, and all other relevant paperwork. Be sure to keep a copy of the report you filed with your employer as well. You may also wish to keep a daily journal that details how your injuries are affected your everyday life.

Step #4: Contact a Workplace Injury Attorney

Before filing your claim for workers’ compensation benefits, it is a good idea to discuss your situation with an attorney who has experience in such cases. Your lawyer can help you understand your options and your rights under the law. A qualified attorney can also assist you in preparing and filing your claim properly so that you can avoid any unnecessary delays.

Our Chicago Workers’ Comp Lawyer Is Ready to Help

If you have been injured on the job, you may be feeling confused and overwhelmed about the road ahead. Fortunately, you do need to navigate the workers’ compensation claims process on your own. Contact an experienced Cook County workers’ compensation attorney at the Law Offices of Francis J. Discipio to get the help you need today. Call 630-574-2288 to schedule a free consultation and review of your case today.

 

 

Source:

https://www2.illinois.gov/sites/iwcc/Documents/handbook.pdf

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