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Archive for the ‘Illinois workers’ compensation attorney’ tag

What Steps Should I Take After an Injury at Work?

March 20th, 2019 at 9:03 am

Cook County work injury lawyerNo one expects to get injured at work. There may be a higher chance of getting into an accident in certain industries, but regardless of what risks exist in the workplace, it is important to understand the processes to follow when an injury occurs. Most employees in Illinois can file a workers’ compensation claim following an injury that requires medical care or results in missed time at work.

Even if a business only has one employee, the employer is required to have workers’ compensation insurance. This protects workers in the event of a workplace-related injury or death. Workers’ compensation insurance will cover any medical expenses, and depending on whether the injury was severe enough to prevent an employee from working, it may also provide disability benefits. Even if the accident was the employee’s fault, in most cases, it will be covered by workers’ compensation. Some exceptions include if the incident occurred outside of company time, such as when driving to or from work, or if the employee was compromised with drugs or alcohol.

If a work-related injury occurs, follow these steps to take advantage of your deserved workers’ compensation benefits:

  • Get Medical Assistance – Your health and safety are the most important things after an injury or accident. If your injury cannot be taken care of by a basic first aid kit, it is important to seek professional medical care. If necessary, call 911 for emergency medical help. Otherwise, you will want to visit an emergency room, urgent care clinic, or doctor’s office right away. When making a claim for workers’ compensation, these medical records will become important.
  • Notify Your Employer – Your employer may already know about the incident, but it is important to officially notify them, preferably in writing. This must be done within 45 days of the incident. If your verbally notified your employer, note the time, date, and the person you spoke to regarding the situation. A claim will be denied if you wait too long to notify your employer, and you will not be eligible for benefits.
  • Know Your Rights – If an injury has resulted in more than three days of missed work from an employee, the employer has to legally report the accident to the Illinois Workers’ Compensation Commission. When missing work due to a work-related injury or illness, you are entitled to temporary or permanent disability to make up for lost wages until you can return to your previous position. Your employer is not allowed to harass or threaten you for filing a workers’ compensation claim. If you are let go during your claim or told you cannot come back after temporary disability because you filed a claim, your employer is breaking the law.

Contact an Experienced Chicago Workers’ Comp Attorney

There is enough uncertainty after experiencing an injury because of work, so you should be sure that you will be able to receive the proper medical care and be compensated for any lost wages. If your claim is denied, or if your employer is discriminating against you, you will need an experienced Cook County workers’ compensation lawyer on your side. Contact us at 630-574-2288 to arrange a free consultation.

Sources:

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

Can I Get Workers’ Compensation for Disfigurement From an Injury?

February 21st, 2019 at 10:34 am

Cook County workers' compensation attorney scarring disfigurementIf you are involved in an accident at work, particularly if you work in the manufacturing or construction industries, the results of your injuries may lead to permanent disfigurement or scarring. While the accident may not have taken your life, it can lead to costly rehabilitation and have a significant impact on you for years to come. A visible scar or any kind of disfigurement is emotionally traumatizing. You may be able to go back to work, but your day to day life will never be the same.

What Is Considered Disfigurement?

The Illinois Supreme Court determined that disfigurement is defined as an impairment of appearance that is unusual. It can affect the beauty of a person or the symmetry of their face or body.

If your disfigurement is from the result of an incident at work, you may be eligible for additional workers’ compensation. According to 820 ILCS 305/8, for a disfigurement to be eligible for workers’ compensation, it must be permanent, severe, and located on a reasonably visual part of your body, such as the face, neck, head, hand, arm, cheek, or leg below the knee. Disfigurement to the rest of your body may not be eligible for additional compensation. If an accident caused the loss of an arm or leg, you can not claim both disability and disfigurement benefits for the same body part.

The amount paid out will depend on the severity and location of the disfigurement. For example, a scar on your face is worth more than a scar on your arm or shin. Raised scars or other textured disfigurements are also worth more. A disfigurement to the face, when compared to a permanent superficial injury to a limb, can cause emotional trauma, depending on the severity of the injury. Whether or not the disfigurement interferes with daily tasks is also considered. A person with third or fourth degree burns on their hand may have difficulty using their hand normally.

The benefit rate for non-fatal injuries such as disfigurement is the same as for permanent partial disability benefits. Subject to the minimum and maximum recorded payouts for similar injuries or scenarios, the payout is 60% of a worker’s weekly paycheck. The maximum amount of time an employee can receive payout due to a disfigurement is 162 weeks.

Contact a Chicago Workers’ Compensation Attorney

Getting an injury at work that stays with you forever can be difficult to deal with, and it will serve as a permanent reminder of the pain you have suffered. Even if you are eventually able to return to work normally, you deserve compensation for costs of medical treatment and the emotional toll of your injury. Contact a Cook County workers’ comp lawyer to see if your case is eligible for compensation. Call our office at 630-574-2288 to schedule a free consultation.

Source:

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

Out of State Work Injuries

January 29th, 2016 at 12:15 pm

out of state, Illinois workers' compensation attorneyIn many areas of the law, one of the most important factors is where an event in question took place. But, under the Illinois workers’ compensation system, where a work injury takes place is not nearly as important your relationship to your employer. You may still be covered by Illinois worker’s compensation law even while you are out of the state.

Traveling Outside of Illinois for Work

All Illinois employers are required to have workers’ compensation insurance for their employees. If you are hurt while performing the duties of your job, it often does not matter who is at fault for the accident; your injuries should be covered by workers’ compensation insurance. However, what if your job requires you to travel outside of the state?

If you are outside of Illinois and injured while performing your job duties, you are still covered by your employer’s workers’ compensation policy. The difficulty, though, can sometimes lie in determining if you were on the job or not.

A delivery driver who is in a car accident while delivering something just across the border in Missouri is a fairly obvious example of being injured while on the job. More complicated, however, would be a scenario involving an IT worker who is sent to Ohio for a conference by her employer and is injured at the hotel where she is staying. How such case would be handled would depend on many factors. This kind of situation is much less clear-cut, and requires a careful review from an experienced worker’s compensation lawyer.

Hired in Illinois Then Transferred Out of State

Another example of when an out-of-state incident might be covered by Illinois workers’ compensation laws was raised in the case called Mahoney v. Industrial Commission. In this case a former United employee had worked in Illinois for years before being transferred at his request to Florida with no break in employment. In Florida, the claimant was injured on the job and the court ruled that he was covered by the Illinois workers’ compensation system.

These kinds of cases are very fact-specific. Other cases that seem similar to Mahoney have found that the employee was not covered because of some break in the chain of employment.

If you have been hurt while working for your employer, just because the accident happened out of state, does not mean you are out of luck. When have been injured while performing your job, you need to speak with a seasoned and dedicated 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 take action.

 

Sources:

http://www.illinoiscourts.gov/opinions/supremecourt/2006/january/opinions/html/100239.htm

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

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