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Archive for the ‘Workers Comp’ 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

 

Common Injury Risk Factors for Winter Delivery Drivers in Illinois

January 19th, 2021 at 9:46 am

delivery-driverPackage or goods delivery drivers face unique challenges in their occupation since they may be on the road at all hours of the day or night. In addition, they are in and out of their trucks or vehicles multiple times each shift. These workers are exposed to certain risks and hazards, especially during the winter months in Illinois. The Midwest is known for its harsh winters, which often bring blizzard-like conditions such as snow, ice, sleet, and wind. The elements can wreak havoc on the roadways and traffic flow. Besides hazardous weather, other factors can increase the likelihood of an accident for delivery drivers. Regardless of how these types of employees are injured while on the clock, they may file a workers’ compensation claim to recover damages.

Dangers On the Road

This past year has seen a major increase in online shopping, especially due to the COVID-19 pandemic. With many stores temporarily closed or limiting capacity, a lot of consumers have opted to order on the Internet in the comfort and safety of their own homes. The holidays are notoriously busy for deliveries, and since numerous family and friends did not host their typical gatherings because of coronavirus, a lot of gifts were sent through the mail instead of being given in person. All of these products need to be delivered from warehouses such as Amazon, going to houses and businesses all over the country, including Illinois.

With so many delivery drivers on the road these days, it is important to be aware of the risks they can face on a daily basis, whether it be from other drivers, weather, or maintenance issues. In some cases, worn or damaged vehicle parts can lead to a delivery driver losing control of his or her vehicle and crashing. In addition, working too many hours in a row may lead to drowsy or fatigued driving, which can cause a collision if a driver falls asleep at the wheel.

A few of the most common factors that can impede a delivery driver’s ability to perform his or her job safely include:

  • Reduced visibility
  • Poor road conditions (potholes, unsalted, and unplowed streets)
  • Reckless motorists (speeding, distracted driving)
  • Drunk drivers
  • Defective or faulty vehicle parts or equipment
  • Unregulated work hours/driver logs

Workers’ Compensation Benefits

According to the Illinois Workers’ Compensation Act, most Illinois employers are required to carry insurance in the event their employees get injured while performing their jobs. By filing a workers’ compensation claim, a delivery driver who suffered an injury may receive financial compensation. This financial relief can cover the cost of hospital or doctor bills, as well as a portion of lost income if the driver’s injuries restrict him or her from returning to work for a period of time. Injuries can range from minor scrapes and bruises to significant trauma, such as broken bones that require surgery or physical therapy to repair.

Call a Chicago Workers’ Compensation Attorney

If you or your family member were injured on the job as a delivery driver in Illinois, you may be entitled to compensation for your medical expenses and lost wages. An experienced Cook County workers’ compensation lawyer can help you with the legal process of filing a workers’ comp claim. At the Law Offices of Francis J. Discipio, we understand the physical, emotional, and financial toll that a workplace injury can have on an employee and his or her family. To schedule a free consultation, call us today at 630-574-2288.

 

Sources:

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

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=082003050K8

https://www2.illinois.gov/sites/iwcc/about/Pages/insurance.aspx

Pedestrian Accident While on the Job

June 11th, 2020 at 8:47 pm

IL job injury attorneyIllinois is home to some of the busiest cities in the country- Chicago, Cook County, and Rosemont-  putting pedestrians at greater risk. According to the Illinois Department of Transportation, there were 319,146 motor vehicle crashes in 2018. Of those 319,146, 4,779 involved a pedestrian. If you were a pedestrian in a motor vehicle crash, it is important to consult with a workers’ compensation attorney to protect your rights and maximize your compensation.

Illinois Pedestrian Laws

Pedestrians and drivers are equally responsible for maintaining traffic safety. However, drivers should always yield the right-of-way when a pedestrian is present, and should not drive unreasonably close to them.

Within the state of Illinois, a driver must stop in any of these situations:

  • When a pedestrian is in a marked crosswalk.
  • When a pedestrian is walking with a walk signal.
  • When a pedestrian is in an unmarked crosswalk, but on the driver’s side of the roadway and there are no traffic lights to direct them.
  • When children are in close proximity to a school zone crosswalk.
  • When a pedestrian is walking with a green light, to a walking person symbol or a walk signal.
  • When a pedestrian is in a marked crosswalk before the traffic light has changed from red to green.
  • When a pedestrian is entering an intersection with a flashing yellow signal.
  • When a pedestrian is entering or leaving the road from a building, alley, driveway, or private road.

The Insurance Company

An injured pedestrian will most likely recover compensation from an auto insurance company following the accident. However, if the accident took place while the pedestrian was on the job, their employer may be responsible to cover damages. Additionally, if the pedestrian suffered a severe injury or death, the pedestrian or his/her family may be able to sue the driver or their auto insurance company.

If You Have Been Hit

If you have been hit by a motor vehicle, it is important to seek out medical attention even if you do not think you have been injured. Either way, you will want to collect the following information:

  • The driver’s name, any and all contact information such as phone number, and/or email address, insurance information, and their license plate number.
  • The witness or witnesses name and contact information.

Additionally, take pictures of anything you deem important that may help your case. These pictures include the driver’s car, any damage on the vehicle, skid marks on the pavement, and injuries you have sustained.

Contact a Chicago Job Injury Attorney Today

Were you or a loved one severely injured while walking or jogging? Contact a Cook County workers’ compensation attorney from the Law Offices of Francis J. Discipio. Our legal team will represent you and your case.

 

Sources:

http://www.idot.illinois.gov/Assets/uploads/files/Transportation-System/Resources/Safety/Crash-Reports/crash-facts/2018%20Crash%20Facts.pdf

https://www.cyberdriveillinois.com/departments/drivers/traffic_safety/bikepedsafety.html

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-401

 

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