Archive for July, 2015

Does Workers’ Compensation Cover Pain and Suffering?

July 30th, 2015 at 3:42 pm

noneconomic damages, workers' compensation, Illinois Workers' Compensation AttorneyA work-related injury can be painful and physically debilitating. Adding to the trauma, you will likely have to take time off work to recover. Fortunately, workers’ compensation exists to help injured employees and their families avoid debt and maintain financial security. Those who are filing for workers’ compensation for the first time often have lots of questions and concerns. One of the most commonly cited concerns is whether or not workers’ compensation benefits cover non-economic damages such as pain and suffering.

A Basic Overview of Workers’ Comp Benefits

According to the Illinois Workers’ Compensation Commission, injured employees who file a successful claim can expect to receive a majority of their wages during their time off. Approved benefits will also cover medical expenses related to the accident.

It is critical that workers’ compensation applicants report the injury as soon as possible and file a claim immediately. Failing to report in a timely manner could jeopardize your ability to recover compensation.

Pain and Suffering for Injured Workers

There is no doubt that workplace injuries come with physical and emotional hardships. This is especially true if the employer’s negligence was responsible for the accident.

Although workers’ compensation covers medical bills and lost wages, receiving damages for “pain and suffering” is rare. However, your attorney may pursue non-economic damages if the injury resulted from willful neglect, or if an established third party was directly responsible for the accident. A successful claim for non-economic damages may require expert testimony and extensive evidence that your emotional distress was the result of a physical injury.

Chicago workers’ compensation lawyer Francis J. Discipio can evaluate your case to determine if pursuing pain and suffering damages is in your best interest. He has access to a network of medical professionals, as well as the knowledge and resources to find success in court. To schedule a consultation, call the Law Offices of Francis J. Discipio at 630-574-2288.

4 Potential Complications in Workers’ Compensation Cases

July 16th, 2015 at 1:26 pm

complications, workers' compensation, Illinois workers compensation attorneyNo matter what the profession, suffering an injury at work is never easy. Fortunately, workers’ compensation benefits provide countless injured employees with the means to support themselves and their families. However, if you plan to file for workers’ compensation, you should be aware of the factors that can complicate the process:

1. Failing to Report the Injury as Soon as Possible

Workers should never hesitate to report jobsite injuries. Notifying your manager immediately not only will prevent potential issues with your workers’ comp claim, but prompt health-care may also keep the injury from worsening.

According to the Workers’ Compensation Commission, filing a claim promptly can improve the likelihood of approval. As the employee, you should inform a manager or supervisor as soon as the incident happens. Also, make sure your employer has filed the necessary paperwork for your claim.

2. Failing to Report the Injury Properly

Timing is critical when it comes to filing for workers’ compensation, but there are other important details to consider. For example, failing to report pertinent facts related to the incident can cause serious complications.

3. Drugs and Alcohol

Although this is not an immediate reason to dismiss a workers’ comp case, the presence of drugs or alcohol in the victim’s system during the injury can seriously jeopardize his or her ability to receive compensation.  If this is a possibility, you may wish to speak with a workers’ compensation attorney about your options.

4. No Medical Justification for Aid

Depending on the nature of the injury, there might not be a justifiable cause for an employee to receive aid. In these cases, workers should discuss the situation with an attorney to find out if they may be eligible for benefits.

If you wish to speak with a Chicago workers’ compensation attorney who is ready to fight for your rights, contact the Law Offices of Francis J. Discipio at 630-574-2288 to schedule a free consultation.


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