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Archive for the ‘Chicago workers compensation lawyer’ tag

Is Disfigurement Covered Under Workers’ Compensation?

February 14th, 2020 at 9:14 am

IL workers comp lawyer, Illinois job injury attorney Workers’ compensation is available for all eligible employees after a work accident. The benefits are to assist the employee with lost wages and medical bills. Injuries associated with workers’ compensation are often traumatic and life-changing. While this is also true for disfigurement cases, a person with a burn may be able to return to work quickly without issue. However, physical scars are lifelong and may be embarrassing.

Since it was officially instituted in Illinois law in 1912, Workers’ Compensation has been a resource for any employee who has been injured on the job. If a person cannot return to work after an accident within three days, benefit payments must begin. These payments are to assist an employee when they are not able to work and make money. Medical treatment for qualified injuries will also be covered by workers’ compensation.

For disfigurement to be compensated for, the scar must still be visible six months after the date of injury. Any scar can make a person feel self-conscious, but to receive benefits, it must be considered permanent and serious. Because scars and their impact are subjective, it is important to have an attorney experienced in cases of disfigurement.

A worker can get compensation for scars and disfigurement alone, but benefits for disability may also be collected. For example, if a construction worker broke a leg while falling and their face got cut up also in the process, the worker could also collect benefits for any permanent scarring. If the worker lost their leg, however, they would not be able to collect disfigurement benefits on the same leg.

For disfigurement, there are certain criteria to be met. To get workers’ compensation benefits for a scar, the disfigurement must be on a visual part of the body. Compensation will only be granted for scars on the face, hand, arm, neck, above the breast bone, and below the knee. If an injury left a scar on a worker’s torso, the worker could only collect benefits from medical attention needed in the area. The more visible and severe a scar, the more a person can be compensated. A scar on a person’s face is going to be worth more than a scar on an arm or leg. If a scar is large or raised, the potential benefits also go up.

Contact a Chicago Workers’ Compensation Attorney

Scars can occur from lacerations or burns, but no matter the circumstances, you deserve to be compensated for disfigurement that occurred while working. To find out if you have a case for disfigurement benefits, contact an experienced Cook County workers’ compensation attorney today. Contact us at 630-574-2288 to arrange a free consultation today.

 

Sources:

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

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

Workers’ Compensation for Mental Illness

October 14th, 2019 at 7:23 pm

mental-illnessIt is recommended to get a physical once a year for healthy adults, but how many times do we check in on our mental health? Mental illnesses can run in the family, but the trauma and stress can also cause mental problems. When we think about cases where workers’ compensation is received, we think of catastrophic physical injuries. However, if a mental condition is developed because of work conditions, it is eligible for workers’ compensation like any other injury or illness.

The difficult part about mental illness and workers’ compensation is proving the illness is work-related. Compensation is much less up to interpretation when someone loses a limb or has otherwise physical markings. It is easy for an insurance company to claim that mental illness has been pre-existing before claimed and that work conditions have nothing to do with it. This is why, like any other work caused illness or injury, it is important to seek medical care right away. If an employee has experienced something traumatic at work, a licensed professional will be able to diagnose the problem and relate it to the workers’ compensation claim.

Mental illness can affect a person’s ability to work. Illnesses that may be covered by workers’ compensation include anxiety, depression, and post-traumatic stress disorder (PTSD). These can either be developed on their own due to witnesses a traumatic event or develop alongside a physical injury caused by an accident. For example, if someone watches their co-workers die during a construction accident, they may be eligible for workers’ compensation if they develop PTSD because of that specific traumatic event. If another worker is injured, and cannot immediately return to work, they may develop anxiety after the accident, and workers’ compensation can be extended to cover the mental illness.

Developing a mental illness from a non-emergency situation will not likely result in being qualified for workers’ compensation benefits. Having a verbally abusive employer can cause anxiety or depression, but unless the disorder can be pinpointed to a time where the employee feared for their life, they are not eligible for compensation.

Contact a Cook County Workers’ Compensation Attorney

Proving that mental illness was developed from trauma experienced at work is an uphill battle. For the best chance of receiving compensation for work-related mental illness, contact an experienced Illinois workers’ compensation attorney. Contact us at 630-574-2288 to arrange a free consultation today.

 

Sources:

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

https://adaa.org/understanding-anxiety/depression

 

How Do Construction Accidents Happen?

April 19th, 2019 at 11:44 am

Cook County construction worker injury lawyerWhen compared to other occupations, construction workers have a high rate of work-related injuries. These jobs are often physically demanding, and they involve many variables that can lead to fatal accidents or injuries. According to the United States Department of Labor, there were 4,674 work-related fatalities in 2017, and 20% of those deaths occurred in construction accidents.

There are two circumstances in which a construction worker may be able to file a workers’ compensation claim. The first would be for an injury caused by repetition or an occupational hazard – something that was not necessarily the result of a specific instance, but the career as a whole. If a person’s job includes doing the same motions or breathing a hazardous chemical for years, the result may be damage that prevents the employee from continuing their career.

The second type of claim involves cases in which a worker is injured or dies as the result of an accident that took place while they were working. Whether the accident is the employee’s fault or not, they will be eligible for workers’ compensation benefits in most cases.

There are three main types of construction accidents that lead to workers’ compensation claims:

  • Falls – The United States Department of Labor reported that 39.2% of all construction accidents that resulted in death were caused by a fall. Construction workers often do their jobs from high surfaces or structures, and falls from higher than six feet can lead to fatal injuries. Falls can happen because of structural defects, holes or openings in floors or walls, or poorly maintained ladders or scaffolding.
  • Being Struck By an Object – A piece of equipment or material can strike a construction worker suddenly. When an object itself causes an injury, it is considered a struck by object injury. This can include being injured by a construction vehicle, material flying through the air, or material being moved. These injuries can cause brain trauma or even kill the worker on the spot.
  • Electrocutions – Construction workers often do their jobs near live wires, which can lead to electrocution if the proper precautions are not taken. A person can also be electrocuted by fallen power lines or faulty equipment. Electrocutions account for 8.9% percent of fatal construction accidents.

Contact a Chicago Construction Accident Attorney

No matter who is at fault for your construction accident, your medical treatment should be paid for, and if you can no longer work due to an injury, you deserve to receive disability benefits from your company’s workers’ compensation insurance. An experienced Cook County workers’ compensation attorney will make sure you get the compensation you deserve. Contact us at 630-574-2288 to arrange a free consultation.

Sources:

https://www.osha.gov/oshstats/commonstats.html

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