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Archive for the ‘Workers Comp Benefits’ Category

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

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

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