Archive for the ‘Illinois Workers’ Compensation Act’ tag

Returning to Work after Receiving Workers’ Comp

October 21st, 2016 at 9:12 am

Illinois workers' comp attorney, Illinois worker compensation laws, worker protection, Returning to your job after being absent due to a job injury may be a difficult task. Studies show that when a worker is away from their place of employment for a long period of time, it is harder for them to continue their previous duties. However, the responsibility of the employer to provide a safe and welcoming work environment for their returning employee is also a key aspect to making sure everything runs smoothly.

Employer’s Responsibility

One way your employer can make your transition back to work go well is to provide a plan with reasonable accommodations that permit you to get back on track and free from unnecessary pain or discomfort. It is important to complete the plan and establish a mutual  understanding right away so that everyone involved is reassured that you will still be productive and will not be a financial burden for them.

The fear of not being able to return to your job because of the injury you received may be something that happens to you. According to the Illinois Workers’ Compensation Act, an employee has the right to return to their old job, even if they require reasonable accommodations so that they can complete the necessary work they performed prior to the accident.

Continue to Get the Medical Care While Working

If you are still in need of medical assistance, your medications and treatments should carry over once you start working again. In some instances, these expenses may be covered by your employer, depending on the specifics of your case. It is important to work with an attorney while dealing with workers’ comp. One reason being that they may be able to pursue noneconomic damages if you are injured from willful neglect. Although this does not happen often and can be an extensive process, a successful claim will show that you have evidence that proves emotional distress as a result of physical injury.

Contact All the Right People

Once you have established a plan with your employer that makes you feel safe at work and after all your medical needs are taken care of, the next step would be to contact anyone else that is involved with your workers’ compensation. This can include your attorney and your insurance company.

If you are returning to work after you have received workers’ compensation, contact Chicago workers’ compensation lawyer, Francis J. Discipio. He has access to a network of medical professionals, as well as the knowledge and resources to help you get through your transition. To schedule a consultation, call the Law Offices of Francis J. Discipio at 630-574-2288.



Employee or Independent Contractor?

February 12th, 2016 at 4:19 pm

employee, contractor, Illinois workers compensation attorneyThe Illinois Workers’ Compensation Act covers only employees. Under Illinois law, there are two categories of workers, employees and independent contractors, and in some cases, an employer may tell suggest or imply to you that you are an independent contractor. This would mean that certain employment laws do not cover you, including workers’ compensation. But, employers are not always correct when deciding who is and who isn’t an employee.

Right of Control

The primary criteria that courts use to determine if you are an employee is the right of control test. The more control your employer has over your work, the more likely you are an employee, and not an independent contractor.

Independent contractors traditionally use their own tools and the employer only controls the result, not the way the worker goes about completing the job. Employees are provided specific direction regarding the time, place, and manner of the work. Employees usually do not use their own tools. For example, if you are required to dress in a uniform or the employer regulates your breaks, you are most likely an employee.

How You Are Paid

Another factor to consider is how the employer compensates you. Employees typically have an hourly rate or a set salary. Payment is made on a regular basis, typically, weekly, bi-weekly, or monthly.

Independent contractors are more likely to be paid based on an agreed-upon sum for the job, or on an hourly rate. Independent contractors invoice for the amount due to them on a monthly or weekly basis.

If you punch a clock, are paid based on an hourly rate, and are not required to invoice the employer, you are most likely an employee.

Why It Matters

The distinction between being an employee and an independent contractor is important for many reasons. Under workers’ compensation laws the employer does not have to pay workers’ compensation insurance for independent contractors. If you are an independent contractor and are hurt on the job, you cannot collect workers’ compensation from the employer’s insurer. It is up to you to have your own disability insurance policy.

Employees are required to be covered by workers’ compensation insurance. If an employee is hurt on the job, his or her medical bills can be taken care and missed pay can be at least partially compensated.

If you have been injured while performing your job, you need to speak with an experienced and knowledgeable Cook County workers’ compensation attorney 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 take action.





Workers’ Compensation Can Help You Recover after an Accident

June 3rd, 2015 at 1:56 pm

recover, workplace injury, Chicago Workers' Compensation AttorneyThe aftereffects of a work-related accident often involve more than the discomfort of an injury. Victims may face steep medical bills, and some may not be able to return to the same career. There are several complex laws that govern the procedures related to workers’ compensation. For this reason, injured employees should consider discussing their situation with an attorney who is familiar with the Illinois Workers’ Compensation Act and related legislation.

For thousands of Americans each year, workers’ compensation offers a lifeline that helps them recover physically and financially. Here are four benefits of this program:

Workers’ compensation can pay for medical bills.

Expensive medical bills can be intimidating regardless of whether or not you have proper health insurance. As outlined in the Illinois Workers’ Compensation Commission Handbook, workers’ compensation may cover medical costs related to your injury.

Workers’ compensation provides financial support while you are out of work.

In addition to medical bills, injured workers may have trouble paying daily expenses due to a loss of income and physical ability. Workers’ compensation can help by providing the funds to pay for groceries, rent, and other essential items while you recover from your injuries.

Workers’ compensation can help you find a new career.

Some injuries result in permanent damages, or at the very least, they make it difficult to return to certain fields of work even after you recover. In situations like this, workers’ compensation may be able to pay for vocational training in a new area.

Workers’ compensation helps relieve the stress that comes with a serious injury.

Financial expenses are not the only concerns after a serious accident. The victim and his or her family may need to adjust to an entirely new lifestyle. This comes with a series of emotional and mental hurdles. Because workers’ compensation takes care of the financial side of recovery, employees can focus on adapting to their new and unfamiliar situation.

If you have suffered a work-related injury and wish to speak with a Chicago workers’ compensation lawyer, contact the Law Offices of Francis J. Discipio. Call us today at 630-574-2288 for a free consultation.

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