Archive for January, 2016

Out of State Work Injuries

January 29th, 2016 at 12:15 pm

out of state, Illinois workers' compensation attorneyIn many areas of the law, one of the most important factors is where an event in question took place. But, under the Illinois workers’ compensation system, where a work injury takes place is not nearly as important your relationship to your employer. You may still be covered by Illinois worker’s compensation law even while you are out of the state.

Traveling Outside of Illinois for Work

All Illinois employers are required to have workers’ compensation insurance for their employees. If you are hurt while performing the duties of your job, it often does not matter who is at fault for the accident; your injuries should be covered by workers’ compensation insurance. However, what if your job requires you to travel outside of the state?

If you are outside of Illinois and injured while performing your job duties, you are still covered by your employer’s workers’ compensation policy. The difficulty, though, can sometimes lie in determining if you were on the job or not.

A delivery driver who is in a car accident while delivering something just across the border in Missouri is a fairly obvious example of being injured while on the job. More complicated, however, would be a scenario involving an IT worker who is sent to Ohio for a conference by her employer and is injured at the hotel where she is staying. How such case would be handled would depend on many factors. This kind of situation is much less clear-cut, and requires a careful review from an experienced worker’s compensation lawyer.

Hired in Illinois Then Transferred Out of State

Another example of when an out-of-state incident might be covered by Illinois workers’ compensation laws was raised in the case called Mahoney v. Industrial Commission. In this case a former United employee had worked in Illinois for years before being transferred at his request to Florida with no break in employment. In Florida, the claimant was injured on the job and the court ruled that he was covered by the Illinois workers’ compensation system.

These kinds of cases are very fact-specific. Other cases that seem similar to Mahoney have found that the employee was not covered because of some break in the chain of employment.

If you have been hurt while working for your employer, just because the accident happened out of state, does not mean you are out of luck. When have been injured while performing your job, you need to speak with a seasoned and dedicated DuPage County workers’ compensation lawyer right away to protect your rights. Call the Law Offices of Frank J. Discipio at 630-574-2288 to schedule a consultation. You may only have a short time to take action.





What Happens When You Cannot Do Your Job After a Workplace Injury?

January 15th, 2016 at 3:10 pm

injury, workers' compensation, Illinois workers' compensation attorneyMost workers are able to get back to their job after just a short period of treatment. But, sometimes a workplace accident can keep you from ever being able to do your job again. You may still be able to work, but not at the job you have trained for. While this can happen in any industry, it is very common in the construction industry.

Your Rights Under the Illinois Workers’ Compensation Act

Under the law, your employer cannot “give” your job away because you were injured. You have a right to your old job back, even if you need some reasonable accommodations to do the work you performed prior to the accident.

If you are unable to perform the job, even with an accommodation, you may be eligible for either a permanent disability payment or for vocational rehabilitation. If you are still able to work, but just not at the job you had when you were injured, workers’ compensation can pay for your vocational rehabilitation. This may cover things such as:

  • Educational tuition assistance
  • Counseling
  • Help finding a new job
  • On the job training and new skills acquisition

What Happens If the New Job Pays Less?

The point of the vocational rehabilitation is to help you find a job that pays substantially the same as your old job. But, this is not always possible. Illinois workers’ compensation law allows you to qualify for payments called wage differential benefits.

These benefits allow you to receive up to two-thirds of the difference between your old salary and your new salary. But, the benefit are only paid out for a maximum of either five years, or until you reach the age of 67, whichever is later.

If you earning power increases, the wage differential benefit decreases.

Is It Guaranteed I Will Get My Vocational Rehab Benefits?

Just like everything else in workers’ compensation law, you will have to prove your case to get the vocational rehabilitation and wage differential benefits. There are many strict timelines and conditions that must be met to actually receive the benefits you are legally entitled to. Failure to fully comply with all of the requirements could mean missing out on money you are legally eligible to receive.

If you have been hurt while on the job, you need to speak with a knowledgeable DuPage County workers’ compensation lawyer right away to protect your rights. Call the Law Offices of Frank J. Discipio at 630-574-2288 to schedule a consultation. You may only have a short time to protect your rights.




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