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Archive for the ‘DuPage County Workers Compensation Lawyer’ tag

Can I Pursue a Third-Party Claim Following a Work-Related Injury?

June 4th, 2021 at 2:07 pm

Chicago-Workers-Comp-Attorney-Third-Party-injury-minPeople who are injured while working are usually entitled to receive workers’ compensation. These benefits are available whether a worker, their employer or other parties were at fault for an injury. To receive workers’ comp, a person will usually only need to demonstrate that their injury occurred while they were working or arose out of the work-related activities they performed.

While workers’ compensation will fully cover the costs of medical expenses related to an injury, other types of benefits may be limited. For example, disability benefits that address temporary or permanent restrictions to a person’s ability to work will only pay a percentage of the amount a person was able to earn before being injured, and workers’ comp does not address the pain and suffering a person experienced due to their injury. However, in some cases, an injured worker may be able to recover additional compensation by pursuing a third-party claim. Read the rest of this entry »

Mental Health And Workers’ Compensation for First Responders

January 15th, 2019 at 12:26 pm

Chicago PTSD workers' compensation lawyerPost-traumatic stress disorder, or PTSD, is often associated with soldiers returning from war, but it is also something that first responders can develop due to traumatic experiences at work. First responders are a broad category of people who work as firefighters, paramedics, police officers, and similar professions. With these jobs, workers are exposed to high levels of stress and trauma that most people are not accustomed to. In some cases, they may not have been personally affected by trauma, but are present for disturbing events, and this can have negative effects on their emotional health, including post-traumatic stress disorder (PTSD).

What Is Post-Traumatic Stress Disorder?

After a person has witnessed or experienced a traumatic event, they may develop a mental health condition in which they struggle to deal with the emotional trauma that is affecting them. Those who suffer from PTSD often experience nightmares, anxiety, and flashbacks to the event. Immediately after a traumatic experience, people may have a hard time adjusting to their regular life, but the onset of PTSD can happen at any time after the incident.

Although first responders’ work can take a mental toll, they may also experience physical harm such as broken bones, burns, gunshot wounds, sprains, and joint injuries. These injuries can also lead to PTSD, and workers’ compensation may be needed for mental health treatment in addition to the treatment for physical injuries.

How to Identify Post-Traumatic Stress Disorder

Unlike a physical wound, mental health disorders are not always obvious. Sometimes, it takes a loved one to realize something is wrong. Being mindful of your mental health as a first responder may help you realize that you are suffering because of a traumatic experience.

Additional symptoms of PTSD include avoidance, detachment, depression, irritability, guilt, self-destructive actions, and insomnia. However, the symptoms can vary wildly for people diagnosed with PTSD, so it is important to be aware of any emotional issues you may be experiencing.

Getting Workers’ Compensation

Workers’ compensation should cover the costs of treatment for PTSD related to experiences which occurred while on the job. For example, an Illinois firefighter received workers’ compensation benefits after developing PTSD following the death of another firefighter. Although the plaintiff was not in the dangerous house, it was ruled that he did not need to be among the flames to be disturbed by the death of one of his own.

Getting compensated for job-related mental health disorders is often less straightforward than a physical injury. When it comes to certain jobs, it could be argued that experiencing trauma is something a person voluntarily signed up for. However, mental health disorders can affect one’s ability to work safely in stressful conditions, and workers should not only receive the treatment they need, but they should have that treatment covered by worker’s comp benefits.

Contact a Cook County Workers’ Compensation Attorney

Mental health is an essential part of your well-being, and when that is disturbed due to a traumatic event at work, you deserve to be compensated. Get in touch with an experienced Chicago workers’ comp lawyer who will advocate on your behalf to help you receive the benefits you deserve. Call our office at 630-574-2288 to schedule a free consultation.

Sources:

https://www.alcohol.org/professions/first-responders/

https://www.mayoclinic.org/diseases-conditions/post-traumatic-stress-disorder/symptoms-causes/syc-20355967

What Happens When You Cannot Do Your Job After a Workplace Injury?

January 15th, 2016 at 3:10 pm

injury, workers' compensation, Illinois workers' compensation attorneyMost workers are able to get back to their job after just a short period of treatment. But, sometimes a workplace accident can keep you from ever being able to do your job again. You may still be able to work, but not at the job you have trained for. While this can happen in any industry, it is very common in the construction industry.

Your Rights Under the Illinois Workers’ Compensation Act

Under the law, your employer cannot “give” your job away because you were injured. You have a right to your old job back, even if you need some reasonable accommodations to do the work you performed prior to the accident.

If you are unable to perform the job, even with an accommodation, you may be eligible for either a permanent disability payment or for vocational rehabilitation. If you are still able to work, but just not at the job you had when you were injured, workers’ compensation can pay for your vocational rehabilitation. This may cover things such as:

  • Educational tuition assistance
  • Counseling
  • Help finding a new job
  • On the job training and new skills acquisition

What Happens If the New Job Pays Less?

The point of the vocational rehabilitation is to help you find a job that pays substantially the same as your old job. But, this is not always possible. Illinois workers’ compensation law allows you to qualify for payments called wage differential benefits.

These benefits allow you to receive up to two-thirds of the difference between your old salary and your new salary. But, the benefit are only paid out for a maximum of either five years, or until you reach the age of 67, whichever is later.

If you earning power increases, the wage differential benefit decreases.

Is It Guaranteed I Will Get My Vocational Rehab Benefits?

Just like everything else in workers’ compensation law, you will have to prove your case to get the vocational rehabilitation and wage differential benefits. There are many strict timelines and conditions that must be met to actually receive the benefits you are legally entitled to. Failure to fully comply with all of the requirements could mean missing out on money you are legally eligible to receive.

If you have been hurt while on the job, you need to speak with a knowledgeable DuPage County workers’ compensation lawyer right away to protect your rights. Call the Law Offices of Frank J. Discipio at 630-574-2288 to schedule a consultation. You may only have a short time to protect your rights.

 

Source:

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

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