Archive for the ‘Workers Comp Arbitrators’ Category

Occupational Injuries

January 22nd, 2014 at 4:28 pm

Many people have dangerous jobs and are often injured while working. You can usually be compensated for your injuries and for the pay that you miss out on while you are recovering from your injury. These injuries may range from headaches due to a concussion or a broken bone and sometimes you may not even miss work. Compensation is still available to you for any alterations in your work that occur from work-related injury.

workers compensation IMAGE The Bureau of Labor Statistics Occupational Safety and Health Administration defines a work-related injury to be one that “an event or exposure in the work environment either caused or contributed to the resulting condition or significantly aggravated a pre-existing condition.”

Some recorded results from work-related injuries include:

  • Death;
  • Loss of consciousness;
  • Days away from work;
  • Professional medical treatment;
  • Restricted work activity or job transfer;
  • Significant injuries diagnosed by a professional such as cancer, fractured bones, chronic irreversible diseases, or punctured eardrums.

If you are injured at work and you must miss days of work to recover from the injury, you can also be compensated for the missed wages. These cases are called DART cases. They involve one of the following:

  • Days away from work: when one or more days of work are missed with or without days of restriction or job transfer;
  • Job transfer or restriction: when you are injured at work and you are kept from doing a particular part of your job or you are temporarily transferred to a different job while you are injured.

Although your injury may not prevent you from working, you can be compensated for not only the injury itself, but also for the days in which your job is altered in any way due to your work-related injury. If you have been injured at work and you wish to be compensated, contact a workers’ compensation attorney in Cook County, Ill. today.

Next Steps To Take After A Workers’ Compensation Injury

January 14th, 2014 at 3:52 pm

If you find yourself injured on the job, you must take certain steps immediately following the injury in order to protect yourself.

The first step is to report your injury to your employer. In order to do this, you can provide verbal or written notice about the accident with details like where the accident occurred, and the approximate date of the injury. Make sure that you keep copies of all the relevant documents for your case, as you may need these later on to present to your workers’ compensation attorney.

work injury claim IMAGESome injured employees might hesitate to file a work injury claim because of fear of retaliation. Employers are prohibited from retaliating against you for either an official claim or your discussion of a possible claim.

Because there are strict time limits for reporting your injury, you need to ensure that you follow through on the reporting process. You need to let your employer know as soon as possible, but no later than 45 days after the accident has occurred. If you delay reporting the injury to your employer, you might experience a delay in benefit payments.

At this stage, the employer has to let the workers’ compensation administrative professional or the insurance carrier know about the accident.

Depending on what accident has occurred, the benefits payment process and length can be different. If you are awarded a rating of permanent partial disability by a physician, for example, the location of the injury will have a significant impact on the schedule of recovery covered under workers’ compensation.

One of the most important things you can do for your case, especially if you feel that your employer is retaliating against you in any way as a result of your claim, is to hire legal counsel. If you have been the victim of an injury on the job, contact an Illinois workers’ compensation attorney immediately to have your rights represented.



Man Awarded Benefits by Commission

November 5th, 2013 at 5:52 pm

workers compensationIf you are injured at work or in the course of job-related activities, then you are eligible to seek workers compensation benefits in the state of Illinois.  Your employer cannot fire you or harass you for making a claim against their insurance but they can deny your benefits.  One way they can deny your claim is if you do not follow the proper procedure as outlined by the Illinois Workers Compensation Act.

That was what happened to Reynolds after he was injured at work at the Pinckneyville Correctional Center.  In the course of his daily activities there, he had to restrain an inmate and was injured.  He sustained injuries to his right arm, right shoulder, and neck.  But it turns out that his workers compensation benefits were denied because he saw too many physicians.

Reynolds was first treated at an urgent care medical facility the day after his injury.  He had a nagging pain in his right shoulder that needed treatment.  The doctor at that facility advised him to follow up with his primary care physician, which is typical for urgent care facilities.  After seeing his primary physician, he saw two other doctors based on recommendations by his wife and lawyer.

For any workers compensation claim, the claimant is allowed two choices outside of the preferred provider of their company.  That is unless one of the physicians makes a recommendation to see a specialist which would not count as one of the choices for care.  The initial determination by the arbitrator was that the claimant exceeded his choices by seeing recommended physicians and therefore his employer was not responsible for paying for the medical treatment received by Reynolds.

When benefits are denied like this case, the injured party may seek a ruling by the Workers Compensation Commission.   The issue that was considered was whether the visit to the urgent care center could be constituted as an emergency care instead of a choice by Reynolds.  The contention was that “any distinction between the words ‘urgent’ and ‘emergency’ is arbitrary.”  The commission agreed with Reynolds and he was able to receive benefits to pay for the medical treatment he received.

If you have been injured on the job, or if your claim has been denied then you should seek the help of a legal professional.  They will be able to assist you in following the proper procedure and make your case in front of the Commission.  Contact an experienced workers compensation attorney in Chicago today.

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