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Archive for the ‘How to File a Worker’s Compensation Claim’ Category

Who Can Provide My Medical Care for a Work-Related Injury?

September 13th, 2021 at 11:00 am

Workers-Comp-Care-Chicago-LawyerIf you are injured in the course of your work in Illinois, you are likely entitled to workers’ compensation benefits that cover the costs of your medical care. However, there are important steps that you will need to follow to ensure that you receive those benefits. One of those steps is ensuring that you receive treatment from an approved provider. Your choice of provider may depend on your employer, and it is important to understand how this process works.

Choosing a Care Provider

As soon as you are injured or you become aware of a work-related injury, it is important to notify your employer. If you require emergency care, your employer should arrange for it and cover the costs. Many work-related injuries require ongoing care, however, and this is where the choice of a provider comes in.

Many Illinois employers now have a Preferred Provider Program (PPP) that includes a list of health care providers who are approved to treat employees’ work-related injuries. Your employer must notify you in writing if they have a PPP, and if so, you will need to choose your care providers from within the program. If you opt-out of the PPP in writing, or if your employer does not have a PPP, you are able to select a provider of your choice. In this case, it is important to let the provider know that you have a work-related injury so that you are not billed directly for your treatment.

Disputes Involving Medical Care

Although an employer is required to cover the costs of reasonably necessary medical care for a work-related injury, this process does not always go smoothly for injured employees. In many cases, employers and their workers’ comp insurance providers will decline to cover medical expenses that they believe are unnecessary or unrelated to the employee’s work. In other cases, injured employees may feel that their chosen care providers are not providing the care they truly need.

If you encounter these obstacles while receiving treatment for your work injuries, it is important to file a claim with the Illinois Workers’ Compensation Commission (IWCC). After reviewing your case, the IWCC may allow you to select a new care provider or arrange for dispute resolution between you and your employer. An attorney can help you file your claim and represent you in any proceedings before the IWCC.

Contact a Chicago Workers’ Compensation Lawyer

Getting workers’ compensation benefits can be a complicated process with many important decisions along the way. If you are unsure how to proceed, our experienced Illinois workers’ comp attorneys can help. Contact [[title]] today at [[phone]] to schedule a free consultation.

Source:

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

 

What Jobs Are at Risk of Occupational Diseases in Illinois?

August 4th, 2021 at 4:52 pm

Occupational-Risk-Attorney-Oak_BrookWork-related injuries are common in Illinois and throughout the U.S., especially for employees who perform extensive physical labor or who work with heavy machinery and equipment. Thanks to the Illinois Workers’ Compensation Act, many injured workers qualify for benefits that cover their medical care and some of their lost wages. Employees who develop or contract a disease or illness in the course of their work may also be eligible for workers’ compensation benefits, though these cases are often more complicated.

Occupations With High Incidences of Work-Related Illness

Occupational diseases tend to develop after prolonged and repeated exposure to a hazardous condition, rather than a one-time event. Some occupations in which occupational diseases are more common include:

  • Construction and manufacturing – Workers in these occupations may be exposed to a variety of risks, including hazardous materials like asbestos, chemicals used in the manufacturing process, and dangerous particles in the air. These hazards can lead to skin diseases, respiratory conditions, and certain types of cancer.
  • Firefighting – Firefighters are at risk of respiratory conditions due to smoke and ash inhalation.
  • Mining – Workers in the mining industry, especially coal miners, are also exposed to the risk of respiratory disease from the inhalation of harmful particles.
  • Agriculture – Farm workers may develop lung conditions from inhaling grain dust and other particles, or other diseases due to exposure to chemicals in fertilizers and pesticides.
  • Health care – Doctors, nurses, EMTs, and other health care providers may be exposed to infectious airborne or bloodborne pathogens that may cause diseases like COVID-19, hepatitis, and AIDS.

Recovering Compensation

According to Illinois law, you may be entitled to workers’ compensation benefits if you have a work-related disease or illness. However, you will need to be able to demonstrate that your condition meets certain criteria. Namely, the disease must have arisen in the course of your work, or have been aggravated by your work to the point of disablement. Generally, this means you will need to establish a causal connection between some hazard present in your work and the specific condition you have contracted or developed.

 

It is often beneficial to hire an attorney for a workers’ compensation claim involving an occupational illness. A lawyer can help you take the necessary steps to pursue benefits as soon as you become aware of the condition, as well as gather evidence of the connection between your work and the disease. Occupational illness claims are commonly denied, and if this happens to you, your attorney can help you appeal the denial.

Contact a Chicago Workers’ Comp Lawyer

At the Law Offices of Francis J. Discipio, we know how important it is to get the care and treatment you need for an occupational disease. We can work with you to file and pursue a claim for workers’ compensation benefits that make this possible. Call us today at 630-574-2288 to schedule a free consultation with a Cook County workers’ compensation attorney.

 

Sources:

https://www.aafp.org/afp/2016/0615/p1000.html

https://www.bls.gov/iif/oshdef.htm

https://www.cdc.gov/niosh/docs/96-115/diseas.html

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2431&ChapterID=68

 

 

What Steps Should I Take After an Injury at Work?

March 20th, 2019 at 9:03 am

Cook County work injury lawyerNo one expects to get injured at work. There may be a higher chance of getting into an accident in certain industries, but regardless of what risks exist in the workplace, it is important to understand the processes to follow when an injury occurs. Most employees in Illinois can file a workers’ compensation claim following an injury that requires medical care or results in missed time at work.

Even if a business only has one employee, the employer is required to have workers’ compensation insurance. This protects workers in the event of a workplace-related injury or death. Workers’ compensation insurance will cover any medical expenses, and depending on whether the injury was severe enough to prevent an employee from working, it may also provide disability benefits. Even if the accident was the employee’s fault, in most cases, it will be covered by workers’ compensation. Some exceptions include if the incident occurred outside of company time, such as when driving to or from work, or if the employee was compromised with drugs or alcohol.

If a work-related injury occurs, follow these steps to take advantage of your deserved workers’ compensation benefits:

  • Get Medical Assistance – Your health and safety are the most important things after an injury or accident. If your injury cannot be taken care of by a basic first aid kit, it is important to seek professional medical care. If necessary, call 911 for emergency medical help. Otherwise, you will want to visit an emergency room, urgent care clinic, or doctor’s office right away. When making a claim for workers’ compensation, these medical records will become important.
  • Notify Your Employer – Your employer may already know about the incident, but it is important to officially notify them, preferably in writing. This must be done within 45 days of the incident. If your verbally notified your employer, note the time, date, and the person you spoke to regarding the situation. A claim will be denied if you wait too long to notify your employer, and you will not be eligible for benefits.
  • Know Your Rights – If an injury has resulted in more than three days of missed work from an employee, the employer has to legally report the accident to the Illinois Workers’ Compensation Commission. When missing work due to a work-related injury or illness, you are entitled to temporary or permanent disability to make up for lost wages until you can return to your previous position. Your employer is not allowed to harass or threaten you for filing a workers’ compensation claim. If you are let go during your claim or told you cannot come back after temporary disability because you filed a claim, your employer is breaking the law.

Contact an Experienced Chicago Workers’ Comp Attorney

There is enough uncertainty after experiencing an injury because of work, so you should be sure that you will be able to receive the proper medical care and be compensated for any lost wages. If your claim is denied, or if your employer is discriminating against you, you will need an experienced Cook County workers’ compensation lawyer on your side. Contact us at 630-574-2288 to arrange a free consultation.

Sources:

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

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