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Archive for the ‘Workers Comp Benefits’ Category

The Difference Between Workers’ Compensation and Personal Injury

July 15th, 2019 at 9:28 am

Workers’ compensationIL work injury lawyer, Illinois workers comp attorney and personal injury cases are similar in that an injury can be reimbursed with monetary value, but they are two different aspects of the law that require their own unique strategies. The truth is that personal injury rarely comes up when faced with an injury at work scenario. Instead, workers are protected by workers’ compensation.

Workers’ compensation covers missed wages and medical expenses when an employee is injured at work. Most employers are required to have a workers’ compensation insurance no matter the size of their business or how many employees they have. Instead of an employee suing the company they work for, or another employee, workers’ compensation resolves the issue rather than a personal injury lawsuit. However, there are exceptions to this. Certain workers have the right to file a personal injury lawsuit against their employers such as Navy service men or interstate railway workers. Another situation is if a third party involved in a work injury. They can be sued for personal injury, however, the employer still cannot.

The biggest differences between workers’ compensation and personal injury claims are fault, compensation, and consideration of pain and suffering.

In a personal injury accident, the fault of the incident plays a big factor in compensation. In order to win a personal injury case, the fault must be determined. If a drunk driver causes a car accident, then they are at fault for a person’s injuries because they were breaking the law and the accident likely would not have happened if they were sober. When a person is injured at work, the fault is not a factor that is considered when rewarding benefits. A worker could have caused their injury, and they still have the right to collect workers’ compensation benefits. The results would be the same if a co-worker caused the accident.

When a worker gets workers’ compensation benefits for a temporary disability, their medical bills, rehabilitation, and lost wages are covered. A person is compensated more if the injury results in a permanent disability that prevents returning the workforce. A personal injury lawsuit can end in these results as well, but also have the opportunity to win property and lost potential earning damages.

As part of not being able to due to personal injury, an employer cannot sue for pain and suffering caused by a work accident. The benefits given will instead reflect the severity of the injury. For example, more benefits will be given to a person whose leg is amputated versus a broken leg. In a personal injury lawsuit, pain and suffering can be considered when seeking damages in a lawsuit.

Contact a Chicago Workers’ Compensation Attorney

While you cannot sue for personal injury from your employer in most cases, you still deserve appropriate workers’ compensation benefits. If your employer is uncooperative after an injury at work, contact an experienced Cook County workers’ compensation attorney today to have a lawyer advocate on your behalf. Contact us at 630-574-2288 to arrange a free consultation today.

 

Sources:

https://www2.illinois.gov/sites/iwcc/Pages/default.aspx

https://www.law.cornell.edu/wex/jones_act

Receiving Workers’ Compensation as a Firefighter

June 14th, 2019 at 9:27 pm

Illinois injury attorney, Illinois workers comp lawyerA firefighter goes to work knowing that he or she may be injured on the line of duty. It is the job of a firefighter to rescue people from dangerous situations, which can put their own well-being at risk. While not every situation a firefighter faces is life threatening to their person when they get injured while performing their duties, deserve workers’ compensation benefits.

Workers’ compensation is insurance required by the majority of employers to protect their employees in the event of an accident. If a worker gets injured and cannot work temporarily or permanently, then workers’ compensation may pay for medical expenses or missed wages. In order to qualify for workers’ compensation benefits, certain circumstances must be met. An injury to qualify for workers’ compensation must have happened as a result of work circumstances.

Firefighters and other first responders are subject to a variety of injuries as a result of their job. Common illnesses where a firefighter could claim workers’ compensation are burns, hearing loss, cancer, head injuries, heart or lung disease, springs, wounds, or hypertension. Firefighters can also be a victim of emotional trauma or PTSD caused by work conditions or scenarios. If a firefighter is the main provider for a family, permanent or temporary disability can put their livelihood at risk. This is why workers’ compensation exists, but it is not always easy to obtain.

Because firefighters serve their city, it is not uncommon for public workers’ compensation claims to be denied. An example of how a government may deny compensation for a firefighter can be seen in a recent Illinois Supreme Court case between the city of Bloomington and one of its firefighters.  The plaintiff in the case was a firefighter who became disabled because of an injury sustained at work. He was issued a pension for his injuries but requested the city of Bloomington continue paying his family’s health insurance premiums. This was initially denied because the city claimed a “catastrophic injury” was not synonymous with an injury causing a disability as the result of work in regard to the Illinois Pension Code. The Supreme Court ruled that they are synonymous, and the plaintiff was granted a disability pension.

Contact a Cook County Worker’ Compensation Attorney

As a firefighter, you protect the city and the people. If the city refuses to protect you and your family after experiencing a traumatic injury on the job call an experienced Chicago workers’ compensation attorney fight for what you deserve. Contact us at 630-574-2288 to arrange a free consultation.

 

Sources:

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

https://scholar.google.com/scholar_case?case=1609582251263223911&q=Krohe+v.+City+of+Bloomington&hl=en&as_sdt=400006&as_vis=1

Returning to Work After Workers’ Compensation

May 31st, 2019 at 3:26 pm

work-injuryWhen a person is awarded workers’ compensation, it means that their life was altered due to an accident or situation at work. In most cases, an injured person needs to take leave from work unless deemed permanently totally disabled and unable to return to the workforce. Depending on how long you were out of, returning to work may feel awkward, especially if you are still not at your best. Being out of work may make you feel guilty as well, but receiving workers’ compensation is your right.

Workers’ compensation exists to make sure employees are secure after being injured at work. The legally mandated insurance for employers will pay for medical expenses and lost wages of employees found to qualify for the benefits after an accident. All employees are eligible for benefits under workers’ compensation, even if an accident was their fault. However, any injuries must be caused by an element of employment, and be more serious than a first aid kit could handle, in order to qualify for the benefits.

When healing from a work-related injury, your doctor will be who clears you to return to work. It may be ordered that you rest until maximum medical improvement, or you may be cleared to return to work with a modified schedule or tasks. This is when a person is deemed temporarily disabled, or permanently disabled with a partial impairment. When you are cleared for work it is important to notify your employer and workers’ compensation representative.

When returning to work, create a plan with your employer for your integrating back into your job. A person returning to work after a traumatic injury may have work restrictions as ordered by your doctor. Your employer should have a copy of these restrictions. While you may want to jump back into work, not going past these restrictions is crucial to your continuing recovery and health. It is possible your employer may find alternative work to accommodate your injury.

Although you cannot be fired for filing workers’ compensation, if you cannot be incorporated back at your old job, an at-will employee can be let go for any reason. Not accepting a position from your employer may make you lose your workers’ compensation.

Contact a Chicago Workers’ Compensation Attorney

Navigating employment after experiencing a workers’ compensation can be difficult alone. If your employer is not willing to accommodate your disability, contact an experienced Cook County workers’ compensation attorney to assist in your life after a traumatic injury. Contact us at 630-574-2288 to arrange a free consultation.

 

Source:

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

 

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