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Archive for the ‘Chicago workers’ compensation attorney’ tag

What Are Common Injuries that Restaurant Workers Can Suffer?

February 16th, 2021 at 12:05 pm

job-injuryEmployees in the service and hospitality industries may work in a restaurant, bar, hotel, spa, or salon. The COVID-19 global pandemic has impacted these businesses this past year, forcing some to close temporarily or reduce occupancy. However, with a vaccine starting to be distributed, many non-essential businesses are starting to reopen, allowing many people who were laid off or furloughed to return to work. For those who work in restaurants, they may still have to follow certain restrictions, including social distancing, mask-wearing, and sanitizing stations. Even with limited capacity, restaurant workers may be at risk of injury while on the job. It is important to understand what the law says about workers’ compensation in case you ever need to file a claim for these benefits after a work-related injury.

Service Industry Risks

Certain occupations carry certain risks, some more than others. Although many might not consider working in a restaurant or bar dangerous, workers can be exposed to hazards. A few of the typical injuries someone can sustain as a restaurant staff member include:

  • Lacerations and puncture wounds - Due to frequent contact with knives, chopping tools, and other sharp utensils, as well as broken dishes or glasses, restaurant staff can often suffer these types of injuries. Deep cuts can result in significant blood loss, leading to life-threatening complications in some cases.
  • Skin burns - With multiple ovens and stove top burners running constantly, employees may sustain first-, second-, or third-degree burns from open flames, hot pots and pans, or boiling water. Hot steam can also burn exposed skin.
  • Sprains and strains – Various types of liquids such as soda, coffee, milk, oil, or cleaning products are commonly found in restaurant kitchens and bars. If a staff member or patron accidentally spills a drink or other liquid and it is not cleaned up promptly, a worker can slip and fall, twisting, spraining, or straining his or her ankle, wrist, or back. Clutter such as garbage or extra chairs and tables can also cause an employee to trip and fall.
  • Eye damage – Frequently used in food service environments, when grease splatters or sanitizing chemicals splash or spill, it can result in injury to the eye. Immediate treatment is imperative to preventing long-lasting vision problems and blindness.

Most Illinois businesses are required to carry workers’ compensation benefits for their employees. This financial relief can cover medical bills as well as a percentage of a worker’s income. An attorney experienced in worker’s comp law can help you gather the necessary documents you need to file a claim, including photographs of your injury, medical records, and hospital bills or statements.

Call a Cook County Workplace Injury Lawyer

Regardless if a work accident or injury occurred suddenly or over a period of time, it can have debilitating consequences. At the Law Offices of Francis J. Discipio, we recognize the importance of skilled legal representation, and we are fully prepared to take on your case. Our qualified Illinois workers’ compensation attorneys are committed to helping you obtain the maximum amount for your damages. To schedule a free consultation, call us today at 630-574-2288.

 

Source:

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

Types of Job Injuries and Workers’ Comp Benefits

February 25th, 2020 at 10:59 pm

IL workers' compensation attorney, IL job injury lawyerWhen a person is injured and cannot work, their livelihood is threatened, but when an injury is work-related there are protections in place for employees. If a person is injured in a car accident and a party can be held liable, they can receive compensation through a personal injury lawsuit. To receive workers’ compensation benefits, there is no lawsuit involved unless a third party is involved, and it does not matter if an employer or employee can be found liable.

All employers in Illinois are required to have workers’ compensation insurance no matter how large or small their company is. Any of their employees have the right to file for benefits after a work accident. Employers cannot threaten retaliation for employees seeking benefits, and part-time disability benefits must begin if an employee cannot return to work within three days.

It is a myth that pre-existing conditions affect an employee’s eligibility for workers’ compensation. This can be a device used by employers and insurance companies to defer people from filing. The truth is that if a pre-existing condition is aggravated by a work injury or illness, a person still may qualify for workers’ compensation benefits.

Another set of injuries that qualify for benefits is repetitive trauma. This can affect anyone from office workers to hard laborers. When a person does an action multiple times a day for years over their career, it can affect the internal structures of the body. The nervous system, musicals, and bones can be permanently damaged from repetitive strain. This can cause temporary or permanent disability.

Whether a person experiences trauma such as an amputation or an aggravation of an existing condition, both experiences are valid for workers’ compensation benefits. The more severe and permanent the damage, the higher the payout will be. Workers’ compensation provides monetary benefits for lost wages as a person recovers, or if they can never recover, for the rest of their life. Workers’ compensation will also cover any medical treatment required for a workplace injury.

Contact a Cook County Workers’ Compensation Attorney

Workers’ compensation benefits protect employees when they are injured and cannot return to work. Although legal representation is not required to file for benefits, having an experienced Chicago workers’ compensation attorney can ensure your rights are protected and you get fair benefits. Contact us at 630-574-2288 to arrange a free consultation today.

 

Source:

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

 

The Difference Between Workers’ Compensation and Personal Injury

July 15th, 2019 at 9:28 am

Workers’ compensationIL work injury lawyer, Illinois workers comp attorney and personal injury cases are similar in that an injury can be reimbursed with monetary value, but they are two different aspects of the law that require their own unique strategies. The truth is that personal injury rarely comes up when faced with an injury at work scenario. Instead, workers are protected by workers’ compensation.

Workers’ compensation covers missed wages and medical expenses when an employee is injured at work. Most employers are required to have a workers’ compensation insurance no matter the size of their business or how many employees they have. Instead of an employee suing the company they work for, or another employee, workers’ compensation resolves the issue rather than a personal injury lawsuit. However, there are exceptions to this. Certain workers have the right to file a personal injury lawsuit against their employers such as Navy service men or interstate railway workers. Another situation is if a third party involved in a work injury. They can be sued for personal injury, however, the employer still cannot.

The biggest differences between workers’ compensation and personal injury claims are fault, compensation, and consideration of pain and suffering.

In a personal injury accident, the fault of the incident plays a big factor in compensation. In order to win a personal injury case, the fault must be determined. If a drunk driver causes a car accident, then they are at fault for a person’s injuries because they were breaking the law and the accident likely would not have happened if they were sober. When a person is injured at work, the fault is not a factor that is considered when rewarding benefits. A worker could have caused their injury, and they still have the right to collect workers’ compensation benefits. The results would be the same if a co-worker caused the accident.

When a worker gets workers’ compensation benefits for a temporary disability, their medical bills, rehabilitation, and lost wages are covered. A person is compensated more if the injury results in a permanent disability that prevents returning the workforce. A personal injury lawsuit can end in these results as well, but also have the opportunity to win property and lost potential earning damages.

As part of not being able to due to personal injury, an employer cannot sue for pain and suffering caused by a work accident. The benefits given will instead reflect the severity of the injury. For example, more benefits will be given to a person whose leg is amputated versus a broken leg. In a personal injury lawsuit, pain and suffering can be considered when seeking damages in a lawsuit.

Contact a Chicago Workers’ Compensation Attorney

While you cannot sue for personal injury from your employer in most cases, you still deserve appropriate workers’ compensation benefits. If your employer is uncooperative after an injury at work, contact an experienced Cook County workers’ compensation attorney today to have a lawyer advocate on your behalf. Contact us at 630-574-2288 to arrange a free consultation today.

 

Sources:

https://www2.illinois.gov/sites/iwcc/Pages/default.aspx

https://www.law.cornell.edu/wex/jones_act

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