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Archive for the ‘Chicago workers compensation lawyer’ tag

What to Do If Your Workers’ Compensation Payments Are Late

April 21st, 2020 at 3:00 pm

IL job injury lawyer, Illinois work injury attorneyA work injury can cause major interruptions in your life – physically, emotionally, and financially. Workers’ compensation benefits are in place to cover wages for the time you are unable to work, help pay for your treatment, and get you back to work as soon as you can. After you have reported your injury to your employer and they have filed a workers’ compensation claim, the insurance company must approve or deny the claim within 14 to 30 days. If approved, you should receive your first payment within 14 days of notice of your injury, and payments should be administered every two weeks after the initial payment.

If you are living paycheck to paycheck, frustration can arise when your check is late or withheld without reason.

Late Payment Penalties

Under Illinois law, delayed payments without a legitimate reason may be subject to a penalty.

If the employee has submitted a written demand for payment of benefits, the payer has 14 days to explain the reason for the delay. If the employer or insurance company does not submit a response, or the response submitted is unjust, the Commission may award the employee additional compensation of $30 per day for each day the benefits were delayed or withheld.

This does not happen automatically; you and your attorney will have to request it and file a motion to hold a penalty claim hearing.

Penalty Hearing

A penalty claim hearing will be held in front of the Illinois Workers’ Compensation Commission. During the hearing, having evidence to support your claim such as the response, or lack of response, a previous workers’ compensation check, or an envelope with a late postage stamp is critical.

After the hearing, the penalty will be reviewed and assessed by the Commission before the additional compensation can be rewarded. If the party responsible for the delayed payment fails or refuses to pay the penalty to the employee, further action will result.

Contact an Illinois Workers’ Compensation Attorney Today 

If you have suffered a work injury and your check is late, contact a Chicago, Illinois workers’ compensation attorney immediately. The knowledgeable attorneys at the Law Offices of Francis J. Discipio will fight to protect your rights and make sure you receive the financial compensation you deserve. Call our office at 630-574-2288 to schedule a free consultation.

 

Source:

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

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

 

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