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What to Expect After a Workplace Injury

November 13th, 2019 at 9:59 am

IL workers comp attorney, Illinois work injury lawyerLarge workplace deaths in the early 1900s are what began the workers’ compensation laws we know today. Most notably, the 1909 Cherry, Illinois coal mining fire that killed 259 men and boys, which was one of the most deadly coal mining accidents in the United States. Three years later, the first workers’ compensation laws in Illinois were passed. Today, most employers are required to have workers’ compensation insurance, and it is as important as ever for employees who are injured and cannot return to work.

There are endless ways a person can get injured. Workers’ compensation is for when an injury is severe enough to prevent a person from working or carry on with a normal life. Whether permanently or temporarily disabled, workers’ compensation covers lost wages and medical bills related to the work injury. The more severe the injury, the more a person is likely to receive. It is an employee’s right to file for workers’ compensation, but it can be confusing where to start and what to expect after a workplace injury.

For life-threatening injuries, it is important to seek medical assistance right away. Otherwise, one of the first things an injured person should do is notify their employer. In Illinois, an employee has 45 days from the accident to report the injuries. The only exceptions are for radiation exposure, in which an employee has 90 days. For an occupational disease, the employee must notify the employer as soon as the condition is known.

After the injury is reported, the employer will notify their insurance company. For any injury that takes an employee out of work for three days, the employer as a month to report it to the commission. After the three day mark for being out of work due to injury, the employer must begin benefits or give a written reason why benefits are being withheld.

After a case is reported to the commission it is given a case number and it is assigned to an arbitrator. To receive future benefits, an employee will have to file a claim. This is how a person to ensure all benefits are paid out. An employee has three years to file a claim in most cases.

Contact a Chicago Workers’ Compensation Attorney

Although an attorney is not required to file a claim with the workers’ compensation commission, having the legal counsel is in your best interest if the case is disputed. An insurance company and employer will have a lawyer, so it is important to level the playing field with an experienced Cook County workers’ compensation attorney. Contact us at 630-574-2288 to arrange a free consultation today.

 

Sources:

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

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

 

What Happens if I Lose a Limb at Work?

October 31st, 2019 at 8:58 am

IL workers comp lawyer, IL injury attorney There are many reasons why a person may become an amputee. An arm or leg may be removed to prevent pain or control disease. No one expects to lose a limb because of work, but in laborious industries, such as construction, it is possible to occur such a traumatic injury. Whether a limb is removed or otherwise injured, a worker can count on workers’ compensation to protect their livelihood.

Employers in the state of Illinois are required to have workers’ compensation insurance. This asset is a protective measure for employees in the event they are injured, or sick, because of a work-related incident. Injuries must have occurred at work and must be more serious than a basic first aid kit can handle. An illness must be present because of a circumstance at work, such as hazardous substances. Most employees are qualified to receive benefits, and it is their right to ask for them.

Workers’ compensation benefits include payments of missed wages and coverage of medical bills. Losing even a finger can change a person’s life. If a person loses a significant extremity like an arm or leg, they may not be able to return to work or the quality of life they lived before. Not to mention, the physiological side effects of losing a limb and mental health struggles associated with being an amputee. A person who loses a significant part of their body also often suffers from PTSD, anxiety or depression.

How much monetary compensation a person who experiences an accident at work depends on the injury or illness. When a body part is lost, an employee is compensated for a set amount of time depending on the loss. During this time, an injured employee will be paid two-thirds of their average paycheck, not exceeding $1,435.17. Time away from work and compensation will be granted depending on the following losses.

  • Thumb: 76 weeks
  • Big toe: 38 weeks
  • Hand: 205 weeks
  • Arm: 253 weeks
  • Foot: 167 weeks
  • Leg: 215 weeks
  • Eye: 162 weeks

These amounts are the maximum times a person can be compensated for, assuming they completely lost the arm, leg, or foot. If part of a body part is amputated or lost, then the time will be correlated with the percentage loss.

Contact an Illinois Workers’ Compensation Attorney

What you deserve after amputation and what an employer’s insurance thinks you deserve may be different things. After notifying your employer, to ensure fair compensation after a work accident, contact an experienced Cook County workers’ compensation attorney today. Contact us at 630-574-2288 to arrange a free consultation today.

 

Source:

http://www.iwcc.il.gov/benefits.htm

Workers’ Compensation for Mental Illness

October 14th, 2019 at 7:23 pm

mental-illnessIt is recommended to get a physical once a year for healthy adults, but how many times do we check in on our mental health? Mental illnesses can run in the family, but the trauma and stress can also cause mental problems. When we think about cases where workers’ compensation is received, we think of catastrophic physical injuries. However, if a mental condition is developed because of work conditions, it is eligible for workers’ compensation like any other injury or illness.

The difficult part about mental illness and workers’ compensation is proving the illness is work-related. Compensation is much less up to interpretation when someone loses a limb or has otherwise physical markings. It is easy for an insurance company to claim that mental illness has been pre-existing before claimed and that work conditions have nothing to do with it. This is why, like any other work caused illness or injury, it is important to seek medical care right away. If an employee has experienced something traumatic at work, a licensed professional will be able to diagnose the problem and relate it to the workers’ compensation claim.

Mental illness can affect a person’s ability to work. Illnesses that may be covered by workers’ compensation include anxiety, depression, and post-traumatic stress disorder (PTSD). These can either be developed on their own due to witnesses a traumatic event or develop alongside a physical injury caused by an accident. For example, if someone watches their co-workers die during a construction accident, they may be eligible for workers’ compensation if they develop PTSD because of that specific traumatic event. If another worker is injured, and cannot immediately return to work, they may develop anxiety after the accident, and workers’ compensation can be extended to cover the mental illness.

Developing a mental illness from a non-emergency situation will not likely result in being qualified for workers’ compensation benefits. Having a verbally abusive employer can cause anxiety or depression, but unless the disorder can be pinpointed to a time where the employee feared for their life, they are not eligible for compensation.

Contact a Cook County Workers’ Compensation Attorney

Proving that mental illness was developed from trauma experienced at work is an uphill battle. For the best chance of receiving compensation for work-related mental illness, contact an experienced Illinois workers’ compensation attorney. Contact us at 630-574-2288 to arrange a free consultation today.

 

Sources:

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

https://adaa.org/understanding-anxiety/depression

 

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