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Archive for the ‘Workers Compensation Insurance’ Category

Can I Receive Workers’ Compensation for a Back or Neck Injury?

April 3rd, 2019 at 2:01 pm

Illinois workers' compensation lawyer back neck injuryBack or neck pain is a common problem that many people deal with, and if this condition results from back and neck injuries that occur in the workplace, a person may be eligible to receive workers’ compensation. Despite neck and back injuries being so common, they are often overlooked by employees, and workers’ comp claims related to these injuries are often denied by insurance companies.

When Is Workers’ Compensation Available for Back Injuries?

The majority of employers are required by law to have workers’ compensation insurance. This acts as a safety net for workers in the event that they are injured from a work-related incident. An employee injured while at work or in the course of their employment is eligible to receive compensation for medical care and/or disability benefits for missed work.

Back injuries often occur as a type of repetitive strain injury that can become life altering if left untreated. When filing a claim, it is important to show a record of your health concerns leading up to the point where the injuries affected your ability to work. Untreated injuries from repetitive twisting or lifting can lead to herniated disks, pinched nerves, or disintegration of cartilage and bone.

If you develop an injury over the course of your employment, workers’ compensation should cover the costs of medical treatment. It may be time to visit your doctor with concerns about your back or neck problems if you experience:

  • Persistent aches or stiffness
  • Sharp pain in the lower back
  • Pain that extends down the back of your legs
  • Muscle spasms

In a case involving the sudden onset of a back injury, it is important to seek medical attention immediately. A doctor will be able to make an official record of how your injury occurred, which will allow you to receive the workers’ comp benefits you deserve.

Physical therapy is one type of treatment that is commonly prescribed for a work-related back or neck injury, and it can be essential in recovering from injuries and allowing an employee to return to work. However, the insurance company may refuse to pay for physical therapy, or it may not cover the treatment your doctor ordered. In these cases, a workers’ compensation attorney can assist with securing the benefits you need.

Contact a Cook County Workers’ Compensation Attorney

Do not let your employer’s insurance company discredit your back or neck injury and prevent you from receiving the care you deserve. Contact an experienced Chicago workers’ comp lawyer to ensure that your medical costs are covered and that you receive the disability benefits you need. Contact us at 630-574-2288 to arrange a free consultation.

Sources:

https://www.webmd.com/back-pain/what-helps-with-lower-back-pain#1

https://www.webmd.com/back-pain/understanding-back-pain-symptoms

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

What Injuries Do Not Qualify For Workers’ Compensation?

January 31st, 2019 at 12:11 pm

Illinois workers' compensation lawyer ineligible work injuriesEvery employer in the United States is required to have workers’ compensation insurance, no matter how small the business is or how many people it employs. If an employee is injured because of a situation that happened at, or because of, work, this insurance provides them with medical care and compensation for lost wages. Every employee has the right to these benefits, but sometimes a claim will be denied because:

  • It does not meet the requirements to be a workers compensation claim.
  • The injury was not work-related.
  • The claim was filed post-employment.
  • The deadline for reporting the incident was missed.

According to the Illinois State Compensation Commission, there are approximately 200,000 work-related injuries in the state each year. However, only about a fourth of the people injured file a claim. In serious cases, an employee whos claim in denied can make appeals all the way up to the Supreme Court, but only a handful of workers’ compensation cases each year make it to that level. The majority of cases are settled by an Arbitrator.

When considering filing a workers’ compensation claim, it may be helpful to know what types of injuries are not covered:

  • Injuries Not Related to Work – If you get injured on your lunch break outside of the office or get into a car accident on your way to or from work, you are most likely not eligible for a workers’ compensation claim. However, if you were outside the office doing part of your job, such as a sales call, you will be covered in the case of a car accident or other incident that prevents you from returning to work regularly.
  • Minor Injuries – A good rule of thumb for workers’ compensation is: if the injury can be resolved by a first aid kit, there is no case. Of course, bumps, bruises, and small lacerations can be painful and cause some difficulty, but they most likely do not require professional medical attention or more than three days away from work.
  • Accidents Under the Influence – Getting a drink with your favorite co-workers can be hard to resist, but if you return to work and get into a serious accident, you will likely not be eligible for workers’ compensation. An injury that would not have occurred if not for the influence of drugs or alcohol will not be covered.

Contact a Chicago Workers’ Comp Lawyer

If you are unsure about whether you have a workers’ compensation case, or if your claim has been denied, contact an experienced Cook County workers’ compensation attorney for legal help with your claim. Call our office at 630-574-2288 to schedule a free consultation.

Sources:

https://www2.illinois.gov/sites/iwcc/Documents/2016AnnualReport.pdf

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