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Archive for the ‘Illinois workers comp laws’ tag

Reasons Workers’ Compensation Gets Denied

April 20th, 2021 at 9:35 pm

work-injuryNobody plans on getting injured — that is why we call it an accident. However, getting hurt at work can result in rather difficult circumstances for you and your family. Not only can it cause you physical maladies, but taking time off of work can also cause financial distress for your family. Fortunately, workers’ compensation exists to help ease some of the burden that is brought on by getting injured at work. However, workers’ compensation benefits are not automatic. Before you can begin to claim compensation, you must first file for your benefits with the state. Even if your injury happened at work, not all workers’ compensation claims will be accepted. Though it can be frustrating, there are multiple reasons why your workers’ compensation claim might be denied.

Understanding the Reasons for Denial

Workers’ compensation was created with the intention of providing financial and vocational support to those who have been injured at work. As such, the primary objective of the program is to help people, which is why many claims are accepted without issue. However, some claims may be challenged by the Illinois Workers’ Compensation Commission. Here are some of the most common reasons why your Illinois workers’ compensation claim may have been denied:

  • You waited too long to file your claim. Like most other things, filing a workers’ compensation claim has a time limit to it. In general, the statute of limitations for filing a workers’ compensation claim in Illinois is 45 days. If the injury involves radiation, the statute of limitations is 90 days. If you fail to report your injury within this timeframe, your claim can be denied or delayed.
  • You have a pre-existing condition. In some cases, your workers’ compensation claim may be denied because of a pre-existing condition that you have reported. Your employer may try to avoid paying for your workers’ compensation by saying that your injury was pre-existing, but it is important to note that you still have rights, even if you have a pre-existing condition. You may still be entitled to benefits if your workplace injury aggravated your pre-existing condition.
  • Your own actions contributed to the injury. Workers’ compensation only covers employees for injuries that they have sustained during accidents that occur at work from the usual course of conduct. Workers’ compensation does not cover accidents that occur due to the negligence, misconduct, or irresponsibility of the employee. Your claim may be denied if the details of your case reveal you as being at fault, or under the influence of intoxicating substances at the time of the accident.

Our Chicago, IL Workers’ Compensation Lawyers Are Here to Help

It can be extremely frustrating to hear that your workers’ compensation claim has been denied. However, even if your claim was denied, that does not mean it is the end of the road. At the Law Offices of Francis J. Discipio, we know that workers’ compensation claims are denied all of the time for all kinds of reasons, whether they are valid or not. Our skilled Cook County workers’ compensation attorneys can help you understand your rights when it comes to your workers’ compensation benefits. To schedule a free consultation, call our office today at 630-574-2288.

 

Sources:

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

https://www2.illinois.gov/sites/iwcc/Documents/handbook.pdf

Pursuing Workers’ Compensation for a Scaffolding Accident in Illinois

March 15th, 2021 at 11:49 am

ScaffoldingIL works comp lawyer, Illinois work injury attorney is defined as a temporary structure on the outside of a building, typically made out of wooden planks and metal poles, used by workers while constructing, repairing, or cleaning the building. Scaffolding accidents mainly involve several different factors, such as people falling off of them, improper operating procedures, weather conditions, and equipment failure. Constructions workers, painters, and window washers routinely utilize scaffolding to do their jobs. If the scaffolding is not properly supported or collapses, workers on or around the scaffolding are at risk of serious to even fatal injuries. In some cases, injured employees may be able to recover damages through a workers’ compensation claim.

Frequent Injuries Involved with Scaffolding

According to the U.S. Department of Labor, 2.3 million construction workers use scaffolds to perform some of the duties. Federal statistics show that approximately 35 percent of construction industry fatalities are due to falls. Falls from scaffolds are generally from a significant height. Additionally, being hit by tools falling from scaffolds can also cause severe injuries, including:

  • Traumatic brain injury (TBI)
  • Spinal cord damage (paralysis)
  • Internal bleeding
  • Broken or fractured bones
  • Lacerations (deep cuts)

Common Causes of Construction Site Accidents

Illinois workers who perform their jobs outside are often at the mercy of the environmental elements. Although summer may be an ideal time for erecting buildings, a lot of work can still be done throughout all four seasons. However, if employees are going to be spending a significant amount of time on scaffolding, contractors, vendors, or construction site supervisors should have a strict set of standards in place to prevent accidents and injuries. For instance, not allowing scaffolding work to take place in high winds or blinding snowstorms since that can cause ropes or cables to come loose or break.

Scaffolding accidents usually occur when a general contractor or superintendent tries to save time and money, and scaffolding is improperly installed or dismantled. In addition, routine maintenance of the scaffolding equipment is necessary to ensure wood platforms are not rotted and all attachment points are secure.

A few of the typical ways that a scaffolding accident may occur include:

  • Insufficient on-the-job training
  • Poor or faulty construction or defective parts
  • Inadequate safety standards or procedures
  • Lack of fall protection (hard hats, harnesses, guardrails)
  • Inclement weather (wind, snow, sleet, rain)

In some cases, a worker’s injury may be a direct result of another party’s negligence, such as when scaffolding is supplied and erected by a different company than the primary employer on a construction site. In these situations, a worker may want to pursue a personal injury claim against that third party in addition to workers’ comp benefits to alleviate the financial hardship from medical bills and lost income as well as pain and suffering. Family members of workers who lost their lives in scaffolding accidents while on the job may also be entitled to workers’ compensation death benefits or a wrongful death lawsuit.

Contact a Cook County Workers’ Compensation Lawyer

Workers can suffer serious injuries at a construction worksite. If you or your loved one was hurt in a scaffolding accident, you may be entitled to benefits through a workers’ compensation claim. At the Law Offices of Francis J. Discipio, our reputable Chicago workplace injury attorneys are well-versed in workers’ comp laws, including those involving construction site accidents. Call us today at 630-574-2288 to schedule a free consultation.

 

Source:

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

 

Treatments for Work-Related Post-Traumatic Stress Disorder

January 28th, 2021 at 10:03 am

IL workers comp lawyer, IL PTSD attorney Certain jobs can carry significant risks compared to other occupations. For example, police officers, firefighters, and paramedics can be exposed to dangerous conditions on a regular basis. Much of their work involves dealing with extreme situations, such as a car accident, explosion, or othe types of catastrophic events. While performing the duties of their jobs, these workers can sustain physical injuries such as gunshot wounds, burns, or broken bones. In addition, they can suffer mental and emotional scars, too. Post-traumatic stress disorder (PTSD) is a condition that is triggered by experiencing or witnessing a frightening event. Symptoms may include flashbacks, nightmares and anxiety, and more. Filing a workers’ compensation claim may alleviate some of the financial hardship if a person is unable to work because of work-related post-traumatic stress disorder.

Mental Health Rehabilitation

Although any traumatic event can trigger feelings of anxiety, fear, or depression, many times these symptoms go away after a period of time. However, when they last a long time and hinder someone from performing their job or normal activities, he or she may be diagnosed with PTSD. Obtaining the appropriate treatment after PTSD symptoms surface can be crucial to reduce the severity of them and any long-lasting effects on a person’s mental state. The goal is to change any disruptive thought patterns. This might occur through talking about the trauma or concentrating on where the fears actually come from.

Some of the common way to treat PTSD patients include the following cognitive-behavioral therapies:

  • Group, family, or individual therapy: Talking one-on-one with a professional such as a psychiatrist or psychologist who is a neutral party can help deal with your emotions.
  • Cognitive processing therapy: Talking about the traumatic event with a therapist and writing down details about the incident can help the victim process what happened.
  • Prolonged exposure therapy: Learning breathing techniques to alleviate anxiety, and confronting things you may have been avoiding.
  • Eye movement desensitization and reprocessing: Concentrating on movement made by a therapist such as a hand waving, flashing a light, or a sound while thinking about something positive while you remember your trauma.
  • Stress inoculation training: Focusing on changing how to deal with the stress from the event, including massage and breathing techniques and other ways to stop negative thoughts through relaxation.

Under the Illinois workers compensation law, any disability caused by PTSD that is work-related should be covered by workers’ compensation benefits. However, workers’ comp insurance companies often deny claims for PTSD. That is why you need an experienced attorney to fight for your rights so you can receive the compensation you need and deserve in order to recover and move on with your life.

Call an Illinois Workers’ Compensation Attorney

Injuries from a work accident can include post-traumatic stress disorder, which can impact a person’s ability to function and return to work. If you or your loved one is suffering from PTSD, it is important to seek medical attention for this debilitating condition. In addition, you may be wondering what your options are regarding compensation. A qualified Chicago workers’ compensation lawyer at the Law Offices of Francis J. Discipio can help you. We understand the physical, emotional, and financial toll that a workplace injury can have on an employee as well as his or her family. Call us today at 630-574-2288 to request a free consultation and learn more.

 

Sources:

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

https://www.webmd.com/mental-health/what-are-treatments-for-posttraumatic-stress-disorder#1

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

https://www2.illinois.gov/sites/iwcc/about/Pages/insurance.aspx

 

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