"AMERICA, HOME OF THE FREE, BECAUSE OF THE BRAVE" OFFERING FREE CONSULTATIONS 630-574-2288
Chat
Espanol

Archive for the ‘Workers Comp Benefits’ Category

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

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

 

Back to Top Back to Top Back to Top