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Archive for the ‘Workplace Injury’ Category

What to Expect After a Workplace Injury

November 13th, 2019 at 9:59 am

IL workers comp attorney, Illinois work injury lawyerLarge workplace deaths in the early 1900s are what began the workers’ compensation laws we know today. Most notably, the 1909 Cherry, Illinois coal mining fire that killed 259 men and boys, which was one of the most deadly coal mining accidents in the United States. Three years later, the first workers’ compensation laws in Illinois were passed. Today, most employers are required to have workers’ compensation insurance, and it is as important as ever for employees who are injured and cannot return to work.

There are endless ways a person can get injured. Workers’ compensation is for when an injury is severe enough to prevent a person from working or carry on with a normal life. Whether permanently or temporarily disabled, workers’ compensation covers lost wages and medical bills related to the work injury. The more severe the injury, the more a person is likely to receive. It is an employee’s right to file for workers’ compensation, but it can be confusing where to start and what to expect after a workplace injury.

For life-threatening injuries, it is important to seek medical assistance right away. Otherwise, one of the first things an injured person should do is notify their employer. In Illinois, an employee has 45 days from the accident to report the injuries. The only exceptions are for radiation exposure, in which an employee has 90 days. For an occupational disease, the employee must notify the employer as soon as the condition is known.

After the injury is reported, the employer will notify their insurance company. For any injury that takes an employee out of work for three days, the employer as a month to report it to the commission. After the three day mark for being out of work due to injury, the employer must begin benefits or give a written reason why benefits are being withheld.

After a case is reported to the commission it is given a case number and it is assigned to an arbitrator. To receive future benefits, an employee will have to file a claim. This is how a person to ensure all benefits are paid out. An employee has three years to file a claim in most cases.

Contact a Chicago Workers’ Compensation Attorney

Although an attorney is not required to file a claim with the workers’ compensation commission, having the legal counsel is in your best interest if the case is disputed. An insurance company and employer will have a lawyer, so it is important to level the playing field with an experienced Cook County workers’ compensation attorney. Contact us at 630-574-2288 to arrange a free consultation today.

 

Sources:

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

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

 

What Happens if I Lose a Limb at Work?

October 31st, 2019 at 8:58 am

IL workers comp lawyer, IL injury attorney There are many reasons why a person may become an amputee. An arm or leg may be removed to prevent pain or control disease. No one expects to lose a limb because of work, but in laborious industries, such as construction, it is possible to occur such a traumatic injury. Whether a limb is removed or otherwise injured, a worker can count on workers’ compensation to protect their livelihood.

Employers in the state of Illinois are required to have workers’ compensation insurance. This asset is a protective measure for employees in the event they are injured, or sick, because of a work-related incident. Injuries must have occurred at work and must be more serious than a basic first aid kit can handle. An illness must be present because of a circumstance at work, such as hazardous substances. Most employees are qualified to receive benefits, and it is their right to ask for them.

Workers’ compensation benefits include payments of missed wages and coverage of medical bills. Losing even a finger can change a person’s life. If a person loses a significant extremity like an arm or leg, they may not be able to return to work or the quality of life they lived before. Not to mention, the physiological side effects of losing a limb and mental health struggles associated with being an amputee. A person who loses a significant part of their body also often suffers from PTSD, anxiety or depression.

How much monetary compensation a person who experiences an accident at work depends on the injury or illness. When a body part is lost, an employee is compensated for a set amount of time depending on the loss. During this time, an injured employee will be paid two-thirds of their average paycheck, not exceeding $1,435.17. Time away from work and compensation will be granted depending on the following losses.

  • Thumb: 76 weeks
  • Big toe: 38 weeks
  • Hand: 205 weeks
  • Arm: 253 weeks
  • Foot: 167 weeks
  • Leg: 215 weeks
  • Eye: 162 weeks

These amounts are the maximum times a person can be compensated for, assuming they completely lost the arm, leg, or foot. If part of a body part is amputated or lost, then the time will be correlated with the percentage loss.

Contact an Illinois Workers’ Compensation Attorney

What you deserve after amputation and what an employer’s insurance thinks you deserve may be different things. After notifying your employer, to ensure fair compensation after a work accident, contact an experienced Cook County workers’ compensation attorney today. Contact us at 630-574-2288 to arrange a free consultation today.

 

Source:

http://www.iwcc.il.gov/benefits.htm

Does My Work Injury Qualify for Workers’ Compensation?

September 29th, 2019 at 8:35 am

disabilityIf a person gets seriously injured in their own home, they are responsible for medical costs associated with the accident. If they cannot work after the incident, it will take specific circumstances to file for social security disability benefits. However, if that same accident happens at work, then most employees have protection through their employer’s workers’ compensation insurance.

Workers’ compensation insurance is required for most employers in Illinois. It is in place to protect workers in case of an on-site accident that affects their ability to work, or they develop a disease that affects their overall health. It also benefits employers because instead of an employee suing the company for their injury or illness, they get paid out with workers’ compensation insurance. If an employee cannot return to work because of a workplace-related injury, then the benefits their eligible to receive include:

  • Medical care to reasonably treat the injury or condition acquired
  • Permanent or temporary disability status, where lost wages are compensated
  • Death benefits for surviving family members

For a person to receive workers’ compensation benefits, the injury or illness in question must be work-related. For an injury, it must have happened while at work, or on duty. For example, if a worker was driving to work and got into an accident, they most likely would not be eligible for workers’ compensation benefits. However, if that same worker was driving to a client meeting, they may be eligible because they were driving to conduct business.

An injury must also be serious enough to prevent an employee from returning to the workforce or prevent them from returning to their job. For example, a construction worker with a broken leg likely would not be able to return to their position right away but may be able to do office work. If a worker cannot return to work within three days, their benefits start automatically unless an employer has a written reason why benefits are being denied.

Workers’ compensation benefits may be denied if the employee was participating in violence, or was drunk when the accident occurred at work. If otherwise, the accident was the fault of the employees, they most likely will still receive benefits.

Contact a Cook County Workers’ Compensation Attorney

Even if an employer is following the law, receiving workers’ compensation benefits is rarely a straightforward process. Make sure you receive fair benefits after a workplace accident by calling an experienced Chicago workers’ compensation attorney. Contact us at 630-574-2288 to arrange a free consultation today.

 

Sources:

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

https://www.osha.gov/laws-regs/regulations/standardnumber/1904/1904.5

 

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