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Archive for the ‘Workers Comp Benefits’ Category

Workers’ Compensation and Suing Your Employer

November 30th, 2020 at 11:16 pm

IL work injury lawyer, IL workers comp attorneyIn an average year, around 3 million people suffer injuries in the course of doing their jobs across the country. These injuries cost companies tens of billions of dollars, including both lost productivity and the costs of treating the workers’ injuries. In Illinois, as in all other states, a workers’ compensation program was developed to help injured employees by providing benefits to cover medical expenses, retraining costs, and even a percentage of the wages lost due to their injuries. While workers’ compensation is available in most cases in which the injured worker is an employee, many people are often curious if they can sue their employer in pursuit of additional compensation.

Workers’ Compensation and Fault

According to the Illinois Workers’ Compensation Commission, the state’s work comp program is entirely a no-fault system that is intended to protect injured employees. The program’s benefits are usually payable regardless of who caused the injury or whether negligence was a factor. In fact, an employee could even collect workers’ comp benefits if he or she caused his or her own injuries through carelessness. If injured workers had to prove that their injuries were caused by negligence by their employers or any other parties, the state’s work comp program would pay on far fewer claims, leading to thousands of injured employees with no income and no recourse.

For example, if you were at work and performing a task on a ladder—a ladder that was maintained properly and in proper working condition—and you turned to reach something above your head, could you accuse your employer of being negligent if you fell? Under the workers’ compensation program in Illinois, the answer to that question is of no consequence. Workers’ comp benefits would likely be available for your injuries.

Express Limits on Suing Your Employer

The Illinois Workers’ Compensation Act is the law the primarily governs the workers’ compensation program in the state. This law explicitly states that a person who subject to the law and eligible to claim work comp benefits does not have any “common law or statutory right” to file a lawsuit against his or her employer for losses caused by the injury. There are some exceptions to this law, but they are very limited. For example, if you were physically attacked by your employer, for example, you would be entitled to sue your employer. You might also be able to sue if your employee intentionally engages in conduct that is highly likely to cause serious injury or death to workers, but such cases are exceedingly rare. Generally, if you are hurt on the job, you do not have the option of suing your employer.

An Illinois Workers’ Compensation Lawyer Can Help

If you have suffered an injury in the course of doing your job and you have questions about collecting workers’ comp benefits, contact a Chicago workers’ compensation benefits attorney to get the answers you need. Call 630-574-2288 for a free consultation at the Law Offices of Francis J. Discipio today. We have the experience and resources to help you get the resources you need to start putting your life back together.

 

Sources:

https://www.bls.gov/news.release/pdf/osh.pdf

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

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

What Benefits Can Be Covered By Illinois Workers’ Compensation?

August 17th, 2020 at 9:33 pm

work-injuryMany occupations carry some level of risk of injury or illness for the people who hold them, and the state of Illinois has a workers’ compensation program in place to provide for employees who become ill or injured as a result of their jobs. If you are one of these employees, you can take solace in the fact that relief is available, but when you are already dealing with injuries it can be difficult to understand what your workers’ compensation benefits will cover and how much you can expect to receive.

Payment Included Under Workers’ Compensation Benefits

Illinois workers’ compensation accounts for a range of expenses incurred as a result of your work-related injuries or illness. Depending on the severity and nature of your injuries, you can expect to receive compensation for some or all of the following:

  • Medical expenses: If you are awarded workers’ compensation benefits, your employer should cover any medical expenses that you can prove were necessary as a result of your work-related injury. This may include emergency treatment, surgery, medication, rehabilitation, and long-term care.
  • Lost wages: If your injury or illness prevents you from working for at least three days, this is considered temporary total incapacity, and your employer should make weekly payments for as long as your incapacity lasts. The payment amount is usually two-thirds of your average weekly wages, and it can increase if you have a spouse or children.
  • Mental illness treatment: If you can demonstrate that a work-related incident caused or exacerbated a mental illness such as post-traumatic stress disorder, workers’ compensation benefits can also cover medication and therapy to treat your condition.
  • Disability: If your injury results in permanent partial or total disability that prevents you from returning to work at all or at full capacity, you are eligible to receive additional weekly compensation until death or throughout the duration of your disability.
  • Scarring and disfigurement: Workers’ compensation may include additional benefits if your injury results in permanent scarring on a visible part of your body, such as your head, neck, arms, or legs.

When a work-related incident causes an employee’s death, eligible benefits may also be paid to the employee’s spouse or dependents to compensate for their loss.

Contact an Illinois Workers’ Compensation Attorney

When you are suffering from a work-related injury or illness, you should not have to handle the stress of figuring out your workers’ compensation benefits on your own. An experienced attorney can help you gather evidence of your injuries and their causes and build a claim to seek all of the compensation you deserve. Contact the Law Offices of Francis J. Discipio at 630-574-2288 for a free consultation with a Chicago workers’ compensation lawyer who will treat you with compassion and respect.

 

Sources:

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

https://www.illinoislegalaid.org/legal-information/understanding-workers-compensation-benefits

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

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