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Archive for the ‘Illinois workers comp’ tag

Neutral Risk and Worker’s Compensation

November 5th, 2014 at 10:50 am

neutral risk workers compensation, Illinois workers comp attorneyJust what types of injuries are covered by the Illinois Workers’ Compensation Act (WCA) can be difficult to determine, especially if the injury or incident occurred on workplace premises. A recent ruling by an Illinois Appellate Court, 4th District, decided against the claimant in a workers’ compensation case, in which she fell while entering the workplace carrying baked goods for an office party.

The decision in Anderegg v. Kesler, Garman, Broughner & Townsley, P.C. was announced in August of this year, in response to the 2011 incident, according to the Illinois Workers’ Compensation Law Bulletin (Vol. 22, Issue 11, Aug. 27, 2014).

The claimant, according to the Bulletin, is a legal secretary at the defendant’s law firm. In the summer of 2011, she was carrying two plastic containers of baked goods for an office party, and lost her balance on a stairway leading to the office. Because she lost her balance while attempting to not drop the baked goods, the claimant filed a workers’ compensation suit for an injury to her right arm.

Initially, the arbitrator denied benefits, ruling that the injury—while it did occur on the job—did not arise from her employment at the firm. This is especially true because while the claimant was carrying baked goods for the office, it was her own decision to bring in the treats; no supervisor of the co-worker had required her to do so.

Simply, this ruling sets a precedent that an employer cannot be held liable under workers’ compensation for an injury that occurs on workplace premises if the employee who was injured as no “exposed to a common risk to a greater degree than the general public,” stated to the Bulletin.

This is what is known as a neutral risk. Injuries that occur due to a neutral risk are not compensable by the WCA unless the employee was exposed to the risk disproportionately to the general public. If, for example, the secretary was required to bring baked goods and had tripped on the stairs primarily because she was carrying them in a hurry to get back by an unreasonably mandated time, she may have had a case for compensation under the WCA.

If you or someone you know is considering filing for workers’ compensation but are not sure whether or not you qualify for benefits, the most important step is to seek the counsel of a legal attorney. Contact an Illinois workers’ compensation lawyer today.

Occupational Injuries

January 22nd, 2014 at 4:28 pm

Many people have dangerous jobs and are often injured while working. You can usually be compensated for your injuries and for the pay that you miss out on while you are recovering from your injury. These injuries may range from headaches due to a concussion or a broken bone and sometimes you may not even miss work. Compensation is still available to you for any alterations in your work that occur from work-related injury.

workers compensation IMAGE The Bureau of Labor Statistics Occupational Safety and Health Administration defines a work-related injury to be one that “an event or exposure in the work environment either caused or contributed to the resulting condition or significantly aggravated a pre-existing condition.”

Some recorded results from work-related injuries include:

  • Death;
  • Loss of consciousness;
  • Days away from work;
  • Professional medical treatment;
  • Restricted work activity or job transfer;
  • Significant injuries diagnosed by a professional such as cancer, fractured bones, chronic irreversible diseases, or punctured eardrums.

If you are injured at work and you must miss days of work to recover from the injury, you can also be compensated for the missed wages. These cases are called DART cases. They involve one of the following:

  • Days away from work: when one or more days of work are missed with or without days of restriction or job transfer;
  • Job transfer or restriction: when you are injured at work and you are kept from doing a particular part of your job or you are temporarily transferred to a different job while you are injured.

Although your injury may not prevent you from working, you can be compensated for not only the injury itself, but also for the days in which your job is altered in any way due to your work-related injury. If you have been injured at work and you wish to be compensated, contact a workers’ compensation attorney in Cook County, Ill. today.

Next Steps To Take After A Workers’ Compensation Injury

January 14th, 2014 at 3:52 pm

If you find yourself injured on the job, you must take certain steps immediately following the injury in order to protect yourself.

The first step is to report your injury to your employer. In order to do this, you can provide verbal or written notice about the accident with details like where the accident occurred, and the approximate date of the injury. Make sure that you keep copies of all the relevant documents for your case, as you may need these later on to present to your workers’ compensation attorney.

work injury claim IMAGESome injured employees might hesitate to file a work injury claim because of fear of retaliation. Employers are prohibited from retaliating against you for either an official claim or your discussion of a possible claim.

Because there are strict time limits for reporting your injury, you need to ensure that you follow through on the reporting process. You need to let your employer know as soon as possible, but no later than 45 days after the accident has occurred. If you delay reporting the injury to your employer, you might experience a delay in benefit payments.

At this stage, the employer has to let the workers’ compensation administrative professional or the insurance carrier know about the accident.

Depending on what accident has occurred, the benefits payment process and length can be different. If you are awarded a rating of permanent partial disability by a physician, for example, the location of the injury will have a significant impact on the schedule of recovery covered under workers’ compensation.

One of the most important things you can do for your case, especially if you feel that your employer is retaliating against you in any way as a result of your claim, is to hire legal counsel. If you have been the victim of an injury on the job, contact an Illinois workers’ compensation attorney immediately to have your rights represented.

 

 

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