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Archive for the ‘Workers Comp Benefits’ Category

When Will a Back or Spine Injury Qualify for Workers’ Compensation?

July 9th, 2021 at 11:34 am

Workers-Comp-Attorney-Cook-County-minOf the different types of conditions that can affect a person’s ability to work, issues affecting the back and spinal cord can be some of the most debilitating. Back injuries can be very painful, and they can restrict a person’s ability to stand for an extended period of time and pick up or carry objects. In serious cases, a spinal cord injury may lead to paralysis in different parts of the body, which may cause a person to be permanently disabled. People who have suffered back injuries related to their work will want to determine whether they qualify for workers’ compensation, which will allow them to receive benefits that will address their medical expenses and cover some of the income lost due to a disability.

Common Workplace Back and Spine Injuries

Serious back injuries or health conditions that affect the back and spine may include:

  • Slipped or herniated discs – Excessive strain on the back can cause the discs between the vertebrae in the spine to tear or rupture. This can put pressure on the nerves in the spinal cord, causing pain and restricting a person’s range of movement.
  • Degenerative disc disease – The discs in the spine can wear down over time, This type of repetitive stress injury can lead to chronic pain and limitations on a person’s ability to perform work-related tasks.
  • Paraplegia or tetraplegia – A serious workplace accident can cause the spinal cord to be damaged or severed. Depending on where a spine injury occurred, a person may suffer partial or complete paralysis affecting their lower limbs or their entire body.
  • Sprains and strains – The muscles, tendons, and ligaments in the back may be damaged when a person attempts to lift an object that is too heavy or because of other work-related accidents.

A back or spine injury will be covered by workers’ compensation if it occurred while a person was working or because of the work they have performed. Injuries in workplace accidents, such as a fall from a ladder or scaffold or a motor vehicle collision that took place while a person was driving for work, will qualify for workers’ comp, regardless of whether a worker or their employer was responsible for the accident.

A person may also qualify for benefits if their injuries have built up over time due to the work they performed, such as regularly bending over to pick up heavy items. In these cases, a person will usually need to provide evidence showing that their work-related activities were directly responsible for their injuries.

Contact Our Chicago Workplace Back Injury Attorneys

If you suffered a spine injury in a workplace accident, or if work-related activities have caused you to experience back pain, the Law Offices of Francis J. Discipio can help you file a workers’ compensation claim. We will work to ensure that your medical treatment will be fully covered and that you can receive the disability benefits you need. Contact our Cook County workplace injury lawyers at 630-574-2288 to arrange a free consultation.

Sources:

https://www.webmd.com/back-pain/causes-back-pain

https://www.mayoclinic.org/diseases-conditions/spinal-cord-injury/symptoms-causes/syc-20377890

 

Reasons Workers’ Compensation Gets Denied

April 20th, 2021 at 9:35 pm

work-injuryNobody plans on getting injured — that is why we call it an accident. However, getting hurt at work can result in rather difficult circumstances for you and your family. Not only can it cause you physical maladies, but taking time off of work can also cause financial distress for your family. Fortunately, workers’ compensation exists to help ease some of the burden that is brought on by getting injured at work. However, workers’ compensation benefits are not automatic. Before you can begin to claim compensation, you must first file for your benefits with the state. Even if your injury happened at work, not all workers’ compensation claims will be accepted. Though it can be frustrating, there are multiple reasons why your workers’ compensation claim might be denied.

Understanding the Reasons for Denial

Workers’ compensation was created with the intention of providing financial and vocational support to those who have been injured at work. As such, the primary objective of the program is to help people, which is why many claims are accepted without issue. However, some claims may be challenged by the Illinois Workers’ Compensation Commission. Here are some of the most common reasons why your Illinois workers’ compensation claim may have been denied:

  • You waited too long to file your claim. Like most other things, filing a workers’ compensation claim has a time limit to it. In general, the statute of limitations for filing a workers’ compensation claim in Illinois is 45 days. If the injury involves radiation, the statute of limitations is 90 days. If you fail to report your injury within this timeframe, your claim can be denied or delayed.
  • You have a pre-existing condition. In some cases, your workers’ compensation claim may be denied because of a pre-existing condition that you have reported. Your employer may try to avoid paying for your workers’ compensation by saying that your injury was pre-existing, but it is important to note that you still have rights, even if you have a pre-existing condition. You may still be entitled to benefits if your workplace injury aggravated your pre-existing condition.
  • Your own actions contributed to the injury. Workers’ compensation only covers employees for injuries that they have sustained during accidents that occur at work from the usual course of conduct. Workers’ compensation does not cover accidents that occur due to the negligence, misconduct, or irresponsibility of the employee. Your claim may be denied if the details of your case reveal you as being at fault, or under the influence of intoxicating substances at the time of the accident.

Our Chicago, IL Workers’ Compensation Lawyers Are Here to Help

It can be extremely frustrating to hear that your workers’ compensation claim has been denied. However, even if your claim was denied, that does not mean it is the end of the road. At the Law Offices of Francis J. Discipio, we know that workers’ compensation claims are denied all of the time for all kinds of reasons, whether they are valid or not. Our skilled Cook County workers’ compensation attorneys can help you understand your rights when it comes to your workers’ compensation benefits. To schedule a free consultation, call our office today at 630-574-2288.

 

Sources:

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

https://www2.illinois.gov/sites/iwcc/Documents/handbook.pdf

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

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