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Archive for the ‘Workers Comp Benefits’ Category

What to Do If Your Workers’ Compensation Payments Are Late

April 21st, 2020 at 3:00 pm

IL job injury lawyer, Illinois work injury attorneyA work injury can cause major interruptions in your life – physically, emotionally, and financially. Workers’ compensation benefits are in place to cover wages for the time you are unable to work, help pay for your treatment, and get you back to work as soon as you can. After you have reported your injury to your employer and they have filed a workers’ compensation claim, the insurance company must approve or deny the claim within 14 to 30 days. If approved, you should receive your first payment within 14 days of notice of your injury, and payments should be administered every two weeks after the initial payment.

If you are living paycheck to paycheck, frustration can arise when your check is late or withheld without reason.

Late Payment Penalties

Under Illinois law, delayed payments without a legitimate reason may be subject to a penalty.

If the employee has submitted a written demand for payment of benefits, the payer has 14 days to explain the reason for the delay. If the employer or insurance company does not submit a response, or the response submitted is unjust, the Commission may award the employee additional compensation of $30 per day for each day the benefits were delayed or withheld.

This does not happen automatically; you and your attorney will have to request it and file a motion to hold a penalty claim hearing.

Penalty Hearing

A penalty claim hearing will be held in front of the Illinois Workers’ Compensation Commission. During the hearing, having evidence to support your claim such as the response, or lack of response, a previous workers’ compensation check, or an envelope with a late postage stamp is critical.

After the hearing, the penalty will be reviewed and assessed by the Commission before the additional compensation can be rewarded. If the party responsible for the delayed payment fails or refuses to pay the penalty to the employee, further action will result.

Contact an Illinois Workers’ Compensation Attorney Today 

If you have suffered a work injury and your check is late, contact a Chicago, Illinois workers’ compensation attorney immediately. The knowledgeable attorneys at the Law Offices of Francis J. Discipio will fight to protect your rights and make sure you receive the financial compensation you deserve. Call our office at 630-574-2288 to schedule a free consultation.

 

Source:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2430&ChapterID=68

Workers’ Compensation for Mental Illness

October 14th, 2019 at 7:23 pm

mental-illnessIt is recommended to get a physical once a year for healthy adults, but how many times do we check in on our mental health? Mental illnesses can run in the family, but the trauma and stress can also cause mental problems. When we think about cases where workers’ compensation is received, we think of catastrophic physical injuries. However, if a mental condition is developed because of work conditions, it is eligible for workers’ compensation like any other injury or illness.

The difficult part about mental illness and workers’ compensation is proving the illness is work-related. Compensation is much less up to interpretation when someone loses a limb or has otherwise physical markings. It is easy for an insurance company to claim that mental illness has been pre-existing before claimed and that work conditions have nothing to do with it. This is why, like any other work caused illness or injury, it is important to seek medical care right away. If an employee has experienced something traumatic at work, a licensed professional will be able to diagnose the problem and relate it to the workers’ compensation claim.

Mental illness can affect a person’s ability to work. Illnesses that may be covered by workers’ compensation include anxiety, depression, and post-traumatic stress disorder (PTSD). These can either be developed on their own due to witnesses a traumatic event or develop alongside a physical injury caused by an accident. For example, if someone watches their co-workers die during a construction accident, they may be eligible for workers’ compensation if they develop PTSD because of that specific traumatic event. If another worker is injured, and cannot immediately return to work, they may develop anxiety after the accident, and workers’ compensation can be extended to cover the mental illness.

Developing a mental illness from a non-emergency situation will not likely result in being qualified for workers’ compensation benefits. Having a verbally abusive employer can cause anxiety or depression, but unless the disorder can be pinpointed to a time where the employee feared for their life, they are not eligible for compensation.

Contact a Cook County Workers’ Compensation Attorney

Proving that mental illness was developed from trauma experienced at work is an uphill battle. For the best chance of receiving compensation for work-related mental illness, contact an experienced Illinois workers’ compensation attorney. Contact us at 630-574-2288 to arrange a free consultation today.

 

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2430&ChapterID=68

https://adaa.org/understanding-anxiety/depression

 

Workers’ Compensation for Flight Attendants

September 17th, 2019 at 8:53 am

Workers’ compensationIL worker comp lawyer, IL job injury attorney claims are often associated with construction workers or other manual laborers. However, most employees qualify for workers’ compensation benefits and have the right to file a claim after being hurt at work. Being a flight attendant allows a person to travel around the world for a living, but there are some dangers these employees face while in the sky. Instead of suing the employing airline for an injury, a flight attendant would file a workers’ compensation claim.

No matter the industry, workers’ compensation is there in the event an employee is hurt and cannot work. Most employers are required to have workers’ compensation insurance should this happens. Workers’ compensation gives security to a worker by assisting in lost wages and medical bills.

Out of 47 jobs ranked by Business Insider, being a flight attendant ranked number eight as one of the most unhealthy jobs based on data from the Occupational Information Network. Flight attendants come into contact with many people from all over the world, and unfortunately, that also means they have the potential to be exposed to infectious diseases in close quarters. Bites and stings are also possible from insects or bugs accidentally brought on a plane. If a flight attendant becomes severely ill from flying alongside a diseased passenger, and cannot work as a result, he or she may have a case for workers’ compensation.

Another danger flight attendants face while on the job is turbulence. This is when there is a change of pressure in the air which causes an aircraft to bump or shake. Often, these are minor occurrences, and passengers of an aircraft are protected by seatbelts and signs indicating if it is safe to move about the cabin. This is not always an option for a flight attendant.

According to the Federal Aviation Administration, eight total crew members were severely injured due to turbulence in 2017. Airlines are required to report injuries due to turbulence that require hospitalization for more than 48-hours. The right amount of pressure can throw a flight attendant into the ceiling. If he or she was serving hot coffee at the time, it could lead to additional injuries.

Contact an Chicago Workers’ Compensation Attorney

Airlines are large corporations that may fight back against a workers’ compensation claim. Any flight attendant working for an Illinois based company is eligible for benefits. If you are unable to return to work due to illness or physical harm, contact an experienced Cook County workers’ compensation attorney. Contact us at 630-574-2288 to arrange a free consultation today.

Sources:

https://www.travelandleisure.com/airlines-airports/flight-attendant-unhealthy-job-risks

https://www.faa.gov/news/fact_sheets/news_story.cfm?newsId=20074

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