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Archive for the ‘Employer Liability’ Category

Know Your Options for Compensation After a Work-Related Car Accident

December 16th, 2020 at 4:59 pm

IL job injury attorney, Illinois works comp lawyer, On an average day in the United States, there are thousands of traffic accidents that cause thousands of people to suffer injuries. When you have been injured in a crash caused by someone else’s negligence, you are entitled to seek compensation from the at-fault driver for the injuries you have sustained. But, what if your accident occurred while you were “on the clock” or driving a company-owned vehicle? A work-related car accident is often more complex than “regular” crashes, but if you were in a company vehicle or on the job, you could have more avenues for securing compensation that you might have had otherwise.

Workers’ Compensation and Third-Party Claims

The Illinois workers’ compensation system provides benefits to employees who are injured at work. In the vast majority of situations, an injured employee qualifies for workers’ compensation no matter how his or her injuries occurred or who was to blame for the accident. The workers’ compensation laws in Illinois also prohibit an injured worker from filing a personal injury lawsuit against his or her employer, with very rare and specific exceptions. Generally, workers’ comp benefits offer coverage for the injured employee’s medical expenses, missed work, disability, and retraining in the event the employee cannot return to his or her previous job.

It is important to understand that the restriction on personal injury lawsuits only applies to those filed by injured employees against their employers. If an outside third party—meaning someone who is not the employer or the employee—is at fault for the employee’s injuries, the injured party has the right to file a personal injury claim against the responsible party. This type of action is known as a “third-party lawsuit” or “third-party injury claim,” and it may be necessary following an on-the-job car accident.

How the Pieces Can Work Together

When you are involved in a car crash while you are working, you may be eligible for workers’ compensation benefits, regardless of who was at fault for the crash. Keep in mind that your reasons for being in the car matter. For example, if you are running out to get lunch, and you are in an accident, your workers’ comp claim could be denied because you were not acting in your employer’s interests. However, if your employer asked you to stop at the bank and make a deposit for the company on your way to lunch, you are more likely to be eligible for workers’ compensation.

You should also remember that a third-party lawsuit is only appropriate if someone else was at fault for the crash. It is possible, however, that you might be eligible for workers’ comp benefits and able to file a third-party lawsuit, depending on the circumstances. If, for example, you were dispatched in a company vehicle to perform a task for your employer, and you were hit by a drunk driver, you would probably qualify for workers’ compensation, and you could sue the drunk driver for your losses.

The primary advantage of filing a third-party claim is that the damages available in such a claim typically go beyond what is available under workers’ compensation. Through a third-party personal injury claim, you could collect compensation for your medical care and missed work, just as under work comp, but you could also be eligible for non-economic damages such as emotional distress, pain and suffering, and much more.

Work With an Illinois Workers’ Compensation Lawyer

If you suffered injuries in a car accident on the job, it is important to work closely with an experienced Illinois workers’ comp attorney who can help you decide on the best way to get the compensation you need. At the Law Offices of Francis J. Discipio, we can assist you with your workers’ compensation claim as well as a third-party personal injury lawsuit, if appropriate. Call 630-574-2288 for a free consultation today.

 

Source:

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

Important Details about Workers’ Comp Medical Benefits

November 18th, 2016 at 10:45 am

Illinois workes compensation law, Illinois workers comp attorney, workers compensation lawyer, In the state of Illinois, the employer is required to pay for all medical care that is reasonably necessary to help cure the employee after being injured on the job. It is important to be aware of medical benefits available when involved with workers’ compensation.

Cost for Medical Care 

As stated above, the employer is required to pay for the medical care that is needed for their employee to recover. This can include a doctor’s visit, surgery, first aid, emergency care, hospital care, physical therapy, pharmaceuticals, and prescribed medical appliances. The cost of devices, such as a wheelchair, can potentially be covered as well. There may be a circumstance in which the employer does not have to pay for medical care, such as if they dispute a medical bill.

Choosing the Right Doctor and Hospital

The employee is allowed to choose their provider and where they would like to receive treatment. Yet, there are limitations on the number of providers an employee can see and the provider that the employee with worker’s comp can choose from. If an employer has a PPP ( Preferred Provider Program) the employee then has options to choose from when they are deciding who they want their provider to be. If the employee does not have a PPP, then the employee options may be limited when choosing a provider. An employee will know if the company they work for has a Preferred Provider Program because they are required to inform the employee about it in writing, which is put into effect by the Commission.

Employee’s Medical Care Responsibilities

Although the employer takes care of the expenses that come with medical care, there are  a number of obligations that the employee must take care of as well. Some of these include seeking medical attention immediately after the injury, to make sure they achieve a complete recovery and full return to work, relay to medical providers that the treatment is for a work-related condition, notify employer if they change providers, and provide the place of employment with enough medical information to determine whether to accept or deny the claim.

Employers Request for a Medical Evaluation

This includes a full medical exam by the doctor of its choice. However, the employer must notify their employee of the exam and the exam must be at a time and place convenient for the employee.

If you have been injured on the job and need assistance with Workers’ comp and medical benefits contact the experienced Chicago workers’ compensation attorneys at the Law Offices of Francis J. Discipio today and call 630-574-2288.

 

Source:

http://www.iwcc.il.gov/handbook.pdf

Fines for Ohio Plant After Unsafe Equipment Causes Texas Amputation

September 9th, 2016 at 12:39 pm

equipment, Chicago workers' compensation attorneyNo amount of financial compensation can bring back the death of a loved one or fix an irreparable injury. When a serious injury or fatality is the fault of an employer due to improper training or an unsafe working environment, the frustration and agony felt by the employee or the family can be compounded exponentially. While workers’ compensation may take care of the medical bills, there is often a feeling of contempt for the company and people that let a serious accident happen. Whether the injury was a result of employer carelessness or the more sinister corner cutting to protect company profits, retribution is often necessary. Such retribution can actually create a safer work environment for that company’s employees into the future. This may be the case in a recent incident in which a Texas employee lost his hand due to a jam in a piece of machinery. If you have suffered an injury, contact a Chicago workers’ compensation attorney today.

A Johns Manville employee lost his hand in a Texas manufacturing facility due to unsafe equipment and a clear lack of safety measures outlined by his employer. Half of all workplace amputations occur in the manufacturing sector, according to the Occupational Safety and Health Administration (OSHA). The company produces roofing and insulation products, and while performing his job, the employee’s hand became severed off while he attempted to clear the machine of a jam. Johns Manville was issued a proposed total of $49,600 in fines by OSHA. The company was cited for the lack of machine guards on a conveyor belt, which would have protected the employee from hazards. As well, they were cited for having an unguarded, protruding shaft to stick out over one and a half times its diameter. A Johns Manville plant here in Ohio was cited for the same violations. Additionally, three serious violations were issued, according to the OSHA report:

  • The energy control procedures did not clearly and specifically outline the steps for shutting down, isolating, and blocking and securing machines to control hazardous energy;
  • Regarding lockout for energy control, the periodic inspection did not include a review, between the inspection and the authorized employee, of that employee’s responsibilities under the energy control procedure being inspected; and
  • Authorized employees did not receive training in the recognition of acceptable hazardous energy sources, the type and magnitude of the energy available in the workplace, and the methods and means necessary for energy isolation.

According to OSHA’s Fort Worth area director, “Johns Manville’s flawed procedures to control hazardous energy sources and a lack of machine guards ultimately led to an amputation. The company should have evaluated its lockout/tagout program and provided proper machine guarding. It is simply unacceptable that a 34-year-old father of four young children suffered a gruesome injury, and has had life forever changed by an incident that was preventable.”

If you have been injured on the job, contact an experienced Chicago workers’ compensation attorney today with the Law Offices of Francis J. Discipio at 630-574-2288. We do not charge anything for consultations, and will inform you on what your best options are to receive the workers’ compensation that you deserve.

 

Source:

https://www.osha.gov/SLTC/etools/machineguarding/scope.html

https://www.osha.gov/ooc/citations/JohnsManville_1125065.pdf

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