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

Archive for the ‘Chicago job injury attorney’ tag

Can Independent Contractors Receive Workers’ Compensation Benefits in Illinois?

April 29th, 2021 at 12:54 pm

contractorEven though all employers are required to carry workers’ compensation insurance, not all those who work for that employer are covered. Technically, only true employees are eligible for coverage under workers’ compensation, but many companies also employ a variety of other workers, such as independent contractors. However, independent contractors are not eligible to receive benefits through workers’ compensation, even if they are injured while working. Some work injuries can be serious and require extensive medical care and time off from work, placing unnecessary stress on you and your family. If you have been injured as an independent contractor and your employer has stated that you are ineligible for workers’ compensation benefits, an Illinois attorney can help.

Employee Misclassification is Common

Even though both independent contractors and employees work for an employer, there are differences in their employment status and benefits. Though there are federal laws to distinguish an employee from an independent contractor, the Illinois Workers’ Compensation Commission considers all workers to have an employment relationship with their employer unless otherwise stated. Misclassifying workers is a common reason why a workers’ compensation claim can be denied by your employer. Misclassifying workers allows employers to avoid paying payroll and unemployment taxes on that worker’s earnings, but it also means the employer can face penalties if they willfully misclassify an employee.

Am I an Employee or an Independent Contractor?

The criteria that the Workers’ Compensation Commission uses to determine whether a worker is an employee or an independent contractor is slightly different than the criteria that the federal government uses. According to the Commission, a person is not an independent contractor unless that person:

  • Has and will continue to be free from the employer’s control over their performance of their services;
  • Provides a service either outside of the usual type of business or services the company provides or that service is performed outside of of the company’s locations; and
  • Has an independently established trade, occupation, business, or profession.

Contact a Cook County Workers’ Compensation Attorney

For the average family, being injured at work and being denied workers’ compensation benefits could cause extreme financial stress. It is important that your employer correctly classifies your employment status, but they do not always do this. If you have been injured at work and you are unsure of whether or not you qualify for benefits, you should speak with a skilled Chicago, IL workers’ compensation lawyer. At the Law Offices of Francis J. Discipio, we can help you determine whether or not you are entitled to workers’ compensation benefits and your options for recovering that compensation. To schedule a free consultation, call our office today at 630-574-2288.

 

Sources:

https://www2.illinois.gov/idol/Employees/Pages/Employer-Misclassification-of-Workers.aspx

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

 

Understanding Common Workplace Injuries for Women

October 12th, 2020 at 10:11 pm

work-injuriesIn general, men suffer the vast majority of workplace injuries and work-related fatalities in a given year. Compared to women, men are injured in much greater numbers, without question. This is largely due to the reality that men generally make up a much larger portion of the workforce that engages in occupations that are commonly considered to be dangerous, such as logging, construction, and mining. However, it is important to realize that women can certainly suffer injuries at work, and, in fact, women are at higher risk than men for specific kinds of injuries.

Overexertion Injuries

If you are a working woman, you may feel pressure in many situations to “keep up” with your male coworkers and colleagues. Depending on the type of job you have, this pressure can be dangerous. For example, trying to match your coworkers’ sales numbers is one thing. Trying to lift or carry more than you can handle safely is another thing entirely. Doing so can cause serious injury to your muscles, back, and joints.

It is important for both men and women to utilize safe lifting techniques. Hand trucks, forklifts, and other tools should be used whenever possible to reduce the risk of overexertion. Additionally, never be afraid to ask a coworker for help lifting bulky or heavy items.

Knee Injuries

Over the last few decades, intense research into the subject has shown that women suffer serious knee injuries at a much higher rate than men do. In particular, anterior cruciate ligament (ACL) injuries are much more common in women than in men. Clinical research has suggested that characteristics associated with the female body, such as wider hips and lower muscle mass in the legs, combined with hormones such as estrogen combine to contribute to a higher rate of knee problems for women. At work, therefore, women need to be aware of how they move, stand, and lift heavy items, especially if the lifting requires any type of twisting motion.

Repetitive Strain Injuries

Certain types of work injuries are more common among women because the injuries themselves are associated with jobs more often held by women. Many administrative workers, including receptionists, secretaries, and medical billers, spend nearly all of their workday at a computer. The repetitive motion or repetitive strain of constant computer use is commonly linked to an increased risk for carpal tunnel syndrome and similar injuries. Likewise, hairstylists are often especially susceptible to muscle and joint issues caused by standing all day and bending in awkward ways. When beginning a new job, you should also ask about the possible injury risks so that you can take steps to keep yourself safe.

A Cook County Workers’ Compensation Attorney Can Help

If you were injured at work in Illinois, you are likely eligible to collect benefits under the state’s workers’ compensation program. To learn more about your options, or for help with filing your claim, contact an experienced Chicago workers’ compensation lawyer. Call the Law Offices of Francis J. Discipio at 630-574-2288 to schedule your free consultation today.

 

Sources:

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3702781/

https://www.cdc.gov/niosh/topics/women/default.html

Historic Tragedies and Workers’ Compensation

December 15th, 2019 at 11:18 am

IL workers compensation lawyer, IL job injury attorney, Historic Tragedies that Formed Workers’ CompensationAs a society, we create laws and regulations to prevent tragedies from happening again and develop protocols if they do. For example, after a child’s tragic death, legislation may be passed on a state level concerning the situation that took their life such as David’s law in Texas or Kelsey’s law in Illinois. The first workers’ compensation laws took place in 1911 after a series of accidents in the United States that took the lives of hundreds of workers. These accidents helped to form the government program to assist employees after injury or death in the workplace.

Today, most employers in Illinois are required to have workers’ compensation insurance and all employees have the right to file a claim after a work accident. Workers’ compensation provides benefits if an employee cannot return to work, such as lost wage payments and no-cost medical care. For jobs with heavy labor or emotional toll such as a construction worker or first responder, worker’s compensation is critical to the health of an employee after work-related accidents. Factory workers and coal miners in the following accidents lead to the current workers’ compensation laws that benefit modern workers.

Cherry Mine Disaster of 1909: The coal industry was notorious for injuries and deaths of workers in the early 20th century. Despite the mine, located in Cherry, Illinois, is one of the most advanced at its time, a fire started on the 13th day of December took the lives of 259 workers. Some of these minors were as young as 10 years old. The fire left women and families without financial support. The mine owner was charged fees for child labor and was ordered to supply families of lost loved ones $1,800.

Triangle Shirtwaist Factory Fire of 1911: Neglected safety featured from the Triangle Shirtwaist Factory in New York City caused the deaths of 147 workers. The factory only one functional elevator that brought workers to the main floor. On March 25, a fire started with 600 workers in the factory. The masses loaded into the singular elevator, which after four trips, broke. Other workers jumped to their deaths in an attempt to escape or burned alive. The families were only paid $75 for each death.

Contact a Chicago Workers’ Compensation Attorney

The occurrences of accidents in the workplace are not new, but today there are benefits and protections for workers. If you have been involved in a workplace accident that has left you injured and unable to return to work, contact an experienced Cook County workers’ compensation attorney today to discuss your options. Contact us at 630-574-2288 to arrange a free consultation today.

 

Sources:

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

https://www.mentalfloss.com/article/79802/1909-cherry-mine-disaster

https://www.history.com/topics/early-20th-century-us/triangle-shirtwaist-fire

Back to Top Back to Top Back to Top