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Archive for the ‘Workplace Injury’ Category

Workers’ Compensation Claims For Delivery Drivers

March 6th, 2019 at 2:05 pm

Chicago Workers Comp LawyerWhether ordering a pizza or a pair of shoes online, delivery drivers are depended on to deliver items to our doors every day, rain or shine. As a delivery driver, you are most likely an employee of a company, so if you are injured on the job, you are eligible for workers’ compensation.

What Is Workers’ Comp?

Most employers, big or small, are required to have workers’ compensation insurance in the event of an injury sustained at work. Workers’ comp is there to protect employees after an incident that prevents them from working, whether for a short or long period of time. It can help defray the cost of medical bills and lost wages. It is the responsibility of the employee to report the accident, and file a claim to receive compensation.

Being a delivery driver is physically demanding, so there are more risks of injury than with a desk job. Here are some examples of workers’ compensation situations that arise from being a delivery driver:

Physical Injury from Strain Or Repetition

If you are a delivery driver for a shipping company, the size and weight of packages vary. Good work practices, such as lifting properly or using a hand truck can help prevent injuries, but even the most careful drivers can suffer an injury or sprain that prevents them from working.

Car Accidents

Whether you are delivering in a large company truck or as a food delivery driver in your own car, vehicle accidents sometimes occur while on the job. Being on the road exposes you to negligent drivers, so even if you are responsible, a distracted driver can put you out of work for a significant period of time, depending on your injuries.

Slips and Falls

When stepping out of a truck, slippery surfaces can cause a fall. This is especially true during the winter. Drivers also face unpredictable conditions when walking up to a residence, including bad lighting, poorly maintained sidewalks, and uneven or broken stairs.

Contact a Cook County Workers’ Compensation Lawyer

After seeking medical attention and reporting your injury to your employer, contact an experienced Chicago workers’ compensation attorney to ensure you receive the injury compensation you deserve. Call our office at 630-574-2288 to schedule a free consultation.

Source:

https://www.truckinginfo.com/155763/3-things-drivers-need-to-do-in-workers-comp-claims

Can I Get Workers’ Compensation for Disfigurement From an Injury?

February 21st, 2019 at 10:34 am

Cook County workers' compensation attorney scarring disfigurementIf you are involved in an accident at work, particularly if you work in the manufacturing or construction industries, the results of your injuries may lead to permanent disfigurement or scarring. While the accident may not have taken your life, it can lead to costly rehabilitation and have a significant impact on you for years to come. A visible scar or any kind of disfigurement is emotionally traumatizing. You may be able to go back to work, but your day to day life will never be the same.

What Is Considered Disfigurement?

The Illinois Supreme Court determined that disfigurement is defined as an impairment of appearance that is unusual. It can affect the beauty of a person or the symmetry of their face or body.

If your disfigurement is from the result of an incident at work, you may be eligible for additional workers’ compensation. According to 820 ILCS 305/8, for a disfigurement to be eligible for workers’ compensation, it must be permanent, severe, and located on a reasonably visual part of your body, such as the face, neck, head, hand, arm, cheek, or leg below the knee. Disfigurement to the rest of your body may not be eligible for additional compensation. If an accident caused the loss of an arm or leg, you can not claim both disability and disfigurement benefits for the same body part.

The amount paid out will depend on the severity and location of the disfigurement. For example, a scar on your face is worth more than a scar on your arm or shin. Raised scars or other textured disfigurements are also worth more. A disfigurement to the face, when compared to a permanent superficial injury to a limb, can cause emotional trauma, depending on the severity of the injury. Whether or not the disfigurement interferes with daily tasks is also considered. A person with third or fourth degree burns on their hand may have difficulty using their hand normally.

The benefit rate for non-fatal injuries such as disfigurement is the same as for permanent partial disability benefits. Subject to the minimum and maximum recorded payouts for similar injuries or scenarios, the payout is 60% of a worker’s weekly paycheck. The maximum amount of time an employee can receive payout due to a disfigurement is 162 weeks.

Contact a Chicago Workers’ Compensation Attorney

Getting an injury at work that stays with you forever can be difficult to deal with, and it will serve as a permanent reminder of the pain you have suffered. Even if you are eventually able to return to work normally, you deserve compensation for costs of medical treatment and the emotional toll of your injury. Contact a Cook County workers’ comp lawyer to see if your case is eligible for compensation. Call our office at 630-574-2288 to schedule a free consultation.

Source:

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

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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