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Archive for the ‘Illinois workers comp’ tag

Workers’ Compensation Claims For Delivery Drivers

March 6th, 2019 at 2:05 pm

Chicago Workers Comp LawyerWhether ordering a pizza or a pair of shoes online, delivery drivers are depended on to deliver items to our doors every day, rain or shine. As a delivery driver, you are most likely an employee of a company, so if you are injured on the job, you are eligible for workers’ compensation.

What Is Workers’ Comp?

Most employers, big or small, are required to have workers’ compensation insurance in the event of an injury sustained at work. Workers’ comp is there to protect employees after an incident that prevents them from working, whether for a short or long period of time. It can help defray the cost of medical bills and lost wages. It is the responsibility of the employee to report the accident, and file a claim to receive compensation.

Being a delivery driver is physically demanding, so there are more risks of injury than with a desk job. Here are some examples of workers’ compensation situations that arise from being a delivery driver:

Physical Injury from Strain Or Repetition

If you are a delivery driver for a shipping company, the size and weight of packages vary. Good work practices, such as lifting properly or using a hand truck can help prevent injuries, but even the most careful drivers can suffer an injury or sprain that prevents them from working.

Car Accidents

Whether you are delivering in a large company truck or as a food delivery driver in your own car, vehicle accidents sometimes occur while on the job. Being on the road exposes you to negligent drivers, so even if you are responsible, a distracted driver can put you out of work for a significant period of time, depending on your injuries.

Slips and Falls

When stepping out of a truck, slippery surfaces can cause a fall. This is especially true during the winter. Drivers also face unpredictable conditions when walking up to a residence, including bad lighting, poorly maintained sidewalks, and uneven or broken stairs.

Contact a Cook County Workers’ Compensation Lawyer

After seeking medical attention and reporting your injury to your employer, contact an experienced Chicago workers’ compensation attorney to ensure you receive the injury compensation you deserve. Call our office at 630-574-2288 to schedule a free consultation.

Source:

https://www.truckinginfo.com/155763/3-things-drivers-need-to-do-in-workers-comp-claims

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.

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