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Archive for the ‘Chicago workers’ compenation attorney’ tag

Workers’ Compensation and Suing Your Employer

November 30th, 2020 at 11:16 pm

IL work injury lawyer, IL workers comp attorneyIn an average year, around 3 million people suffer injuries in the course of doing their jobs across the country. These injuries cost companies tens of billions of dollars, including both lost productivity and the costs of treating the workers’ injuries. In Illinois, as in all other states, a workers’ compensation program was developed to help injured employees by providing benefits to cover medical expenses, retraining costs, and even a percentage of the wages lost due to their injuries. While workers’ compensation is available in most cases in which the injured worker is an employee, many people are often curious if they can sue their employer in pursuit of additional compensation.

Workers’ Compensation and Fault

According to the Illinois Workers’ Compensation Commission, the state’s work comp program is entirely a no-fault system that is intended to protect injured employees. The program’s benefits are usually payable regardless of who caused the injury or whether negligence was a factor. In fact, an employee could even collect workers’ comp benefits if he or she caused his or her own injuries through carelessness. If injured workers had to prove that their injuries were caused by negligence by their employers or any other parties, the state’s work comp program would pay on far fewer claims, leading to thousands of injured employees with no income and no recourse.

For example, if you were at work and performing a task on a ladder—a ladder that was maintained properly and in proper working condition—and you turned to reach something above your head, could you accuse your employer of being negligent if you fell? Under the workers’ compensation program in Illinois, the answer to that question is of no consequence. Workers’ comp benefits would likely be available for your injuries.

Express Limits on Suing Your Employer

The Illinois Workers’ Compensation Act is the law the primarily governs the workers’ compensation program in the state. This law explicitly states that a person who subject to the law and eligible to claim work comp benefits does not have any “common law or statutory right” to file a lawsuit against his or her employer for losses caused by the injury. There are some exceptions to this law, but they are very limited. For example, if you were physically attacked by your employer, for example, you would be entitled to sue your employer. You might also be able to sue if your employee intentionally engages in conduct that is highly likely to cause serious injury or death to workers, but such cases are exceedingly rare. Generally, if you are hurt on the job, you do not have the option of suing your employer.

An Illinois Workers’ Compensation Lawyer Can Help

If you have suffered an injury in the course of doing your job and you have questions about collecting workers’ comp benefits, contact a Chicago workers’ compensation benefits attorney to get the answers you need. Call 630-574-2288 for a free consultation at the Law Offices of Francis J. Discipio today. We have the experience and resources to help you get the resources you need to start putting your life back together.

 

Sources:

https://www.bls.gov/news.release/pdf/osh.pdf

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2430&ChapterID=68

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

The Most Dangerous Jobs in the US

February 3rd, 2017 at 5:15 pm

Illinois workers comp lawyer, Illinois workers compensation attorney,Almost any job can result in a work injury, but some have an elevated risk. Often, this elevated risk can be seen in the potential for injury severity. For example, an office worker might be at risk for repetitive motions or slip and fall injuries, but a construction worker is more likely to be crushed by an object or to be struck by one. This means their risk of death is significantly higher than the office worker’s.

Why even examine risk, though? After all, it is not like one can simply leave their field. Yet, what you can do is be informed and educated. This can help you reduce your risk of an injury on the job, and it can ensure you know your rights, should an on-the-job death or injury happen to you or someone you love.

Examining the Most Dangerous Industries

According to data from the Bureau of Labor Statistics, senior employees are at the greatest risk of serious death or injury on the job. This is due, at least in part, to their lack of ability to heal as easily as younger workers. As such, any worker over the age of 55 should safeguard themselves against injury as much as possible. Exercise regularly, eat well, and visit your doctor for annual check-ups to ensure all is well.

Other workers who are considered to be at an especially high risk for death while working are fishers, loggers, and aircraft pilots. Specifically, loggers experienced 132 deaths per 100,000 workers. This is far greater than the average population (3.4 deaths per 100,000 workers), but the industry did not lead in the number of deaths experienced in the workplace. That sad and disappointing award when to the truck driving industry and farming industry, which say 885 and 252 deaths, respectively.

Protecting Your Right to Fair Compensation

Employers do not want you to know that you can (and should) obtain legal counsel for an on-the-job injury or wrongful death. That is because it could increase their insurance company’s payout, which could then, in return, hike their insurance rates. Do not let them keep money off of the table. Instead, contact an experienced workers’ compensation lawyer and fight for the settlement you and your loved ones deserve.

At the Law Offices of Francis J. Discipio, we understand the struggles you are facing. We know that your family may be struggling financially and that your injuries could potentially prevent you from working anytime in the near future. Fight back against deceptive employers and schedule a consultation with our experienced Chicago workers’ compensation attorneys today.

 

Source:

http://time.com/4624034/most-dangerous-jobs-2015/

Workers’ Comp for Repetitive Stress Injuries

December 23rd, 2016 at 10:02 pm

Illinois workers comp lawyer, Illinois workers compensation attorneyUnder Illinois law, employees can receive worker’s comp  for a number of reasons if injured at work. One of those reasons being if they have developed a work-related injury due to repetitive stress while performing occupational duties. Some examples of stress-related work injuries include lifting heavy material, bending over to lift items, carrying too much or heavy items, typing for long periods of time, and even using power tools. All of these duties may lead to serious injuries if done frequently at work.

Sometimes stress-related injuries can be difficult to prove when presented in court or when speaking to an employer because an employee may say that the pain is due to a natural development. However, that does not limit them from being entitled to workers’ compensation. Stress-related claims may have a higher standard of proof due to the nature of the claim being sometimes more psychological than it is physical.

Workers’ compensation covers repetitive strain injuries which some people may not be aware is a job-related injury because it is not as obvious as any physical damage and is caused by direct trauma, in Illinois. It is also important to keep in mind that workers comp can be used if an employee has a pre-existing injury that has been aggravated by the repeated depends on the employee’s daily work tasks as well.

There are different levels of stress that one can suffer from because it is a natural reaction that someone can experience from being in situations that cause heightened levels of anxiety. Being stressed or a certain length of time can eventually lead to emotional breakdowns. Sometimes stress can result in permanent brain damage as well which also might be categorized under the workers comp laws in Illinois.

Speak with a lawyer who understands Illinois workers’ compensation law.

If an employee has suffered from the following as a result of a stress-related injury, it would be beneficial to seek legal help promptly:

  • De Quervain’s syndrome
  • Low back and neck injuries
  • Cubital tunnel
  • Carpal tunnel syndrome
  • Tendonitis
  • Tenosynovitis

If you have been injured at work due to a stress-related incident and have questions or concerns regarding your workers’ compensation rights do not worry because you do not have to go through this difficult time on your own. Contact the experienced Chicago workers’ compensation attorneys at the Law Offices of Francis J. Discipio today and call 630-574-2288 to obtain the full extent of benefits you deserve.

 

Source:

http://www.americanbar.org/publications/gpsolo_ereport/2013/july_2013/stressed_at_work_might_have_workers_compensation_claim.html

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