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Archive for the ‘depression’ tag

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

 

Compensation for Loss of Body Parts

August 14th, 2017 at 7:00 am

Chicago workers’ compensation attorney, depression, loss of body parts, post-traumatic stress disorder, amputationLosing a body part, no matter how small or large, takes an immense toll on a person’s life and mental well-being. Victims of amputation have to deal with the fact that they may never be able to do many of the things they were once capable of, both at home and at work.

The feeling of loss can take a long time to process, and many amputees suffer from post-traumatic stress disorder (PTSD) and severe depression.

If you lost a body part at work, you deserve the tools needed to set you on the path to recovery, as well as significant financial compensation for you loss. Illinois workers’ compensation provides workers who have lost a body part with financial compensation, and the maximum amounts for each specific body part are outlined below.

Body Part Compensation by Number of Weeks Paid

The following body parts are compensated by the corresponding number of weeks, according to the Illinois Workers’ Compensation Commission. You will receive two-thirds of your average weekly paycheck for that specific number of weeks, or up to the current Illinois workers’ compensation maximum, which is currently $1,435.17 per week.

  • Disfigurement: 162 weeks;
  • Thumb: 76 weeks weeks;
  • First (index) finger: 43 weeks;
  • Second (middle) finger: 38 weeks;
  • Third (ring) finger: 27 weeks;
  • Fourth (little) finger: 22 weeks;
  • Great toe: 38 weeks;
  • Each other toe: 13 weeks;
  • Hand: 205 weeks;
  • Carpal tunnel syndrome due to repetitive trauma: 57 weeks;
  • Arm: 253 weeks;
  • Amputation above the elbow: 270 weeks;
  • Amputation at the shoulder joint: 323 weeks;
  • Foot: 167 weeks;
  • Leg: 215 weeks;
  • Amputation above the knee: 242 weeks;
  • Amputation at hip joint: 296 weeks;
  • Eye: 162 weeks;
  • Enucleation of an eye: 173 weeks;
  • Hearing loss of one ear: 54 weeks;
  • Hearing loss of both ears: 215 weeks;
  • Testicle one: 54 weeks; and
  • Testicle two: 62 weeks.

The above list assumes that total loss of that body part occurred. When only part of that body part was lost or rendered immobile, fewer weeks will be compensated. For instance, if it is determined that 70 percent of the foot was lost and rendered 70 percent incapacitated, only 70 percent of 167 weeks would be compensated (so 117 weeks instead of 167 weeks).

If your body part loss was denied full compensation because your employer or your employer’s insurance provider disagreed with what you know to be true, it is time to take immediate legal action by working with an attorney.

Call a Chicago, Illinois Workers’ Compensation Attorney Today

If you have been denied benefits for your lost limb or other body part, take legal action immediately by talking to a lawyer today. We strongly encourage you to contact passionate Chicago workers’ compensation attorney Francis J. Discipio today for immediate legal help in securing the workers’ compensation benefits that you deserve.

Sources:

http://www.iwcc.il.gov/ppdschedule.pdf

http://www.iwcc.il.gov/benefits.htm

Emergency Responder Injury Rate

March 29th, 2017 at 1:50 pm

Illinois workers comp attorney, Illinois worker compensation laws, Americans rely heavily on the speed, knowledge, and efficiency of emergency responders. Yet these government workers are often offered lower than expected wages. Further, a new study has found that they also have a higher than expected injury rate. Learn more about the risks associated with these all-too-common work injuries, and what you, as a victim, can do to protect the financial future of yourself and your family.

Understanding the Risks

Conducted by the University of California, Berkeley’s Center for Labor Research and Education, and the UCLA Labor Center, the recent study examined the salary and injury incidence of more than 16,000 emergency responders throughout the state. What they found was that salaries were far lower than expected, and the rate of injury was alarmingly high. Long shifts and stress were determined to be major contributing factories, but lower wages could also impact morale and may be at least partially responsible for the overall high risk of job injury. It should also be noted that EMT workers also had an alarmingly high rate of depression, suicidal ideation, and post-traumatic stress disorder (PTSD).

Mitigating the Risks

Legislation and advocacy are needed to raise the wages of EMT, but there are many ways that citizens, employers, and even employees, can help reduce the risk of injury. For example, employers could ensure that their employees and supervisors are following all regulations regarding sleeping schedules. Individuals can contact their government branches, asking for better protection for EMTs and other first-responders. Workers can employ healthy sleeping and eating practices to reduce their overall risk of injury. Assistance from a skilled therapist may also be helpful for those who are experiencing emotional injuries from their line of work.

When Injuries Happen

No matter how careful you try to be, no matter how hard you fight for something, accidents can and do happen. Thankfully, you do not have to face your injuries alone. Instead, you can contact an experienced workers’ compensation attorney to help you navigate the complex and confusing process of filing a claim.

At the Law Offices of Francis J. Discipio, we strive for the most favorable outcome in every case. Experienced and highly dedicated to protecting your rights, health, and financial future, our Chicago workers’ compensation attorney can assist with your case. Call 630-574-2288 and schedule a consultation with us today.

 

Source:

http://laborcenter.berkeley.edu/wp-content/uploads/2017/02/EMS-Release.pdfemergency-responder

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