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Archive for the ‘Chicago workers compensation lawyer’ tag

Employer Notification of a Work-Related Injury in Illinois

July 26th, 2017 at 8:36 pm

Illinois workers comp attorney, Illinois work injury lawyer, If you have been injured in a work-related accident in the state of Illinois, then there are important steps you need to take to ensure you receive the workers’ compensation benefits you are entitled to.

Under Illinois law, an injured employee can give notice of the injury either orally or in writing. Some companies may have a company policy that all injuries and accidents need to be submitted in writing. If this is your company’s policy, then it is recommended you do so, however, not following your employer’s requirement will not affect your workers’ compensation claim.

According to state law, an injured worker has 45 days from the day of injury to notify his or her employer of the incident. Although the law allows you that much time, the reality is that it should be one of the very first things you should. If there is a delay between the time you were injured and the time you notify your employer, they could use that against you in an attempt to deny your claim.

An employee may have a legitimate reason why they did not report the injury immediately. One example could be a case where the employee thought the injury was only a minor one, but after several days or weeks, symptoms begin to worsen and the employee finds it necessary to seek medical treatment. The employee then tells the employer about the injury, explaining it happened weeks ago. This could raise suspicion with the employer that either the employee is making the injury up or the injury happened somewhere else and the employee is only seeking to file a false work-injury claim.

The employer – and their workers’ compensation insurance carrier – could reject the claim and refuse to pay the employee the workers’ compensation benefits they may be entitled to.

When it comes to repetitive stress injuries, there is usually not an “accident date” that can be pinned down as when the injury occurred. Instead, these types of injuries develop over time. When a worker realizes they are having medical issues, they should report it to their employer.

Let a Chicago Worker Injury Attorney Advocate for You

If you have been injured on the job or developed a work-related illness, contact a skilled Chicago workers’ compensation attorney to discuss your situation. Although injured workers would like to think their employer only has their best interest in mind, the reality in many situations is that the injured employee needs the assistance of an attorney who will ensure that their rights are protected and they receive all the benefits they are entitled to.

 

Source:

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

Make Sure You Receive the Workers’ Compensation Insurance You Deserve

January 6th, 2017 at 10:59 am

Illinois workers comp attorney, Illinois workers compensation lawyerIt is important to remember what medical benefits you are entitled to if you suffer from a work-related injury. There are many different types of workers’ compensation benefits that you may possibly be eligible for and are intended to compensate you for the medical expenses that you receive as a result of an injury, illness, temporary total disability, or permanent disability. However, in same instances, insurance companies interest is in making their own profits for their company and not in paying out claims. There are proactive steps you can take in order to ensure you will get the care that you should earn.

Hire an experienced workers’ compensation attorney that can protect your rights and ensure you receive the benefits to which you are entitled to.

Not only is it essential to get the benefits but it you should also have the appropriate amount of recovery time if it is needed.

Be aware so that you are not taken advantage of if you are ever injured on the job.

You never know what could happen or when you could possibly get hurt at work. Know what steps to take if and when that time comes. After you file a workers’ compensation claim, the insurance company will explain to you the procedures you must take next. No matter how severe the outcome of your injury might be, it would be beneficial to always hire an attorney as the next step after filing a claim.

There are a number of ways that an insurance company may try to justify denying your claim so that you will potentially have to pay more money. They may claim that your injury technically occurred outside of work or fail to pay you the proper amount for disability benefits. Remember that every claim is different and one key way to ensure that your workers’ comp rights are protected is by hiring an attorney.

Hire the right attorney to assist you.

The lawyers at the Law Offices of Francis J. Discipio are committed to protecting you and your best interests by getting you the benefits you deserve. We serve the greater Chicagoland area and Cook and DuPage counties. If you or someone you know has been injured on the job and is receiving workers’ comp but needs helps better understanding what they are entitled to in regards to medical benefits, please contact the experienced Chicago workers’ compensation attorneys at the Law Offices of Francis J. Discipio. Call 630-574-2288 or visit our website at for more information.

Source:

http://www.iii.org/publications/insuring-your-business-small-business-owners-guide-to-insurance/specific-coverages/workers-compensation-insurance

Fines for Ohio Plant After Unsafe Equipment Causes Texas Amputation

September 9th, 2016 at 12:39 pm

equipment, Chicago workers' compensation attorneyNo amount of financial compensation can bring back the death of a loved one or fix an irreparable injury. When a serious injury or fatality is the fault of an employer due to improper training or an unsafe working environment, the frustration and agony felt by the employee or the family can be compounded exponentially. While workers’ compensation may take care of the medical bills, there is often a feeling of contempt for the company and people that let a serious accident happen. Whether the injury was a result of employer carelessness or the more sinister corner cutting to protect company profits, retribution is often necessary. Such retribution can actually create a safer work environment for that company’s employees into the future. This may be the case in a recent incident in which a Texas employee lost his hand due to a jam in a piece of machinery. If you have suffered an injury, contact a Chicago workers’ compensation attorney today.

A Johns Manville employee lost his hand in a Texas manufacturing facility due to unsafe equipment and a clear lack of safety measures outlined by his employer. Half of all workplace amputations occur in the manufacturing sector, according to the Occupational Safety and Health Administration (OSHA). The company produces roofing and insulation products, and while performing his job, the employee’s hand became severed off while he attempted to clear the machine of a jam. Johns Manville was issued a proposed total of $49,600 in fines by OSHA. The company was cited for the lack of machine guards on a conveyor belt, which would have protected the employee from hazards. As well, they were cited for having an unguarded, protruding shaft to stick out over one and a half times its diameter. A Johns Manville plant here in Ohio was cited for the same violations. Additionally, three serious violations were issued, according to the OSHA report:

  • The energy control procedures did not clearly and specifically outline the steps for shutting down, isolating, and blocking and securing machines to control hazardous energy;
  • Regarding lockout for energy control, the periodic inspection did not include a review, between the inspection and the authorized employee, of that employee’s responsibilities under the energy control procedure being inspected; and
  • Authorized employees did not receive training in the recognition of acceptable hazardous energy sources, the type and magnitude of the energy available in the workplace, and the methods and means necessary for energy isolation.

According to OSHA’s Fort Worth area director, “Johns Manville’s flawed procedures to control hazardous energy sources and a lack of machine guards ultimately led to an amputation. The company should have evaluated its lockout/tagout program and provided proper machine guarding. It is simply unacceptable that a 34-year-old father of four young children suffered a gruesome injury, and has had life forever changed by an incident that was preventable.”

If you have been injured on the job, contact an experienced Chicago workers’ compensation attorney today with the Law Offices of Francis J. Discipio at 630-574-2288. We do not charge anything for consultations, and will inform you on what your best options are to receive the workers’ compensation that you deserve.

 

Source:

https://www.osha.gov/SLTC/etools/machineguarding/scope.html

https://www.osha.gov/ooc/citations/JohnsManville_1125065.pdf

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