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Archive for the ‘Workers Comp Benefits’ Category

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

 

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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