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Archive for the ‘Illinois Worker’s Compensation Commission’ tag

What to Do If Your Workers’ Compensation Payments Are Late

April 21st, 2020 at 3:00 pm

IL job injury lawyer, Illinois work injury attorneyA work injury can cause major interruptions in your life – physically, emotionally, and financially. Workers’ compensation benefits are in place to cover wages for the time you are unable to work, help pay for your treatment, and get you back to work as soon as you can. After you have reported your injury to your employer and they have filed a workers’ compensation claim, the insurance company must approve or deny the claim within 14 to 30 days. If approved, you should receive your first payment within 14 days of notice of your injury, and payments should be administered every two weeks after the initial payment.

If you are living paycheck to paycheck, frustration can arise when your check is late or withheld without reason.

Late Payment Penalties

Under Illinois law, delayed payments without a legitimate reason may be subject to a penalty.

If the employee has submitted a written demand for payment of benefits, the payer has 14 days to explain the reason for the delay. If the employer or insurance company does not submit a response, or the response submitted is unjust, the Commission may award the employee additional compensation of $30 per day for each day the benefits were delayed or withheld.

This does not happen automatically; you and your attorney will have to request it and file a motion to hold a penalty claim hearing.

Penalty Hearing

A penalty claim hearing will be held in front of the Illinois Workers’ Compensation Commission. During the hearing, having evidence to support your claim such as the response, or lack of response, a previous workers’ compensation check, or an envelope with a late postage stamp is critical.

After the hearing, the penalty will be reviewed and assessed by the Commission before the additional compensation can be rewarded. If the party responsible for the delayed payment fails or refuses to pay the penalty to the employee, further action will result.

Contact an Illinois Workers’ Compensation Attorney Today 

If you have suffered a work injury and your check is late, contact a Chicago, Illinois workers’ compensation attorney immediately. The knowledgeable attorneys at the Law Offices of Francis J. Discipio will fight to protect your rights and make sure you receive the financial compensation you deserve. Call our office at 630-574-2288 to schedule a free consultation.

 

Source:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2430&ChapterID=68

7 Safety Tips for Employees Who Handle Drywall

September 19th, 2018 at 4:27 pm

Handling drywall can lead to life-changing injuries and evenCook County workers' compensation attorney death for employees. If you are a carpenter, installer, or other type of worker who has to work with drywall, there are certain tips you should follow to reduce your risk of injury and a workers’ compensation claim. Here are seven safety tips for employees who handle drywall:

1. Determine the Weight of the Drywall

You should avoid handling drywall until you are aware of the weight of the sheet. Once you know its weight, you can make sure you have enough employees to help you complete the job. Drywall sheets may weigh anywhere between 55 to 120 pounds, so knowing the weight in advance can make it safer for you to transport and position the drywall.

2. Ask for Help When Lifting Heavy Sheets

Be sure to ask another employee to help you out any time you have to lift heavy and large drywall sheets. In addition, lift one layer at a time rather than trying to lift multiple sheets at the same time.

3. Try to Avoid Transporting Drywall

If possible, avoid having to transport the drywall. Ideally, the drywall sheets will be delivered directly to the site of installation. In the event this is not possible, use forklifts, dollies, or trucks to transport the drywall sheets safely to the installation site.

4. Be Careful with Vertical Pieces

Hanging vertical pieces of drywall can be particularly dangerous. When you are hanging them, lift the sheet, shift grips to opposite sides of the sheet, and rotate into an upright position.

5. Do Not Install Drywall By Hand

One of the most common reasons drywall accidents occur is because workers use their hands during the installation process. You should avoid using your hands and allow a drywall lift or drywall jacks to assist you.

6. Complete a Training Program

Handling drywall is no easy feat. Therefore, you should refrain from working with it until your employer has trained you on how to do so safely. Understanding the right installation and lifting techniques can significantly reduce your risk of an injury.

7. Take Breaks and Hydrate

In order to prevent overexertion, be sure to take frequent breaks from your drywall projects. You should also stay hydrated and try to rotate your tasks.

Contact Our Cook County Workers’ Compensation Lawyers

If you get hurt on the job while handling drywall, you should reach out to our highly skilled Chicago workers’ compensation attorneys. We can explain your legal options and help you file a workers’ compensation claim. Call our offices today at 630-574-2288. We offer free consultations to workers who have been hurt on the job.

Sources:

http://www.safetyandhealthmagazine.com/articles/9670-handling-drywall-safely

The Illinois Workers’ Compensation Claims Process

December 26th, 2015 at 2:09 pm

workers' compensation, claims process, Illinois workers' compensation attorneyMany workers never get the benefits they are entitled to because they don’t understand how the workers’ compensation claims process works. Illinois’s workers’ compensation law is designed to protect workers from the hazards of their occupations by allowing them to get paid for lost wages and medical treatment when the injury is caused by their work.

Immediately After the Injury

If you are injured at work there are three things you need to as quickly as possible to protect your rights to workers’ compensation benefits:

  • Report the accident to your employer;
  • Seek medical treatment for your injury and explain how you were injured; and
  • Find a worker’s compensation lawyer.

If you fail to report the accident or to seek appropriate treatment, your claim can be denied. While you are not legally required to have a lawyer help you with your claim, an experienced workers’ compensation lawyer significantly improves your chances of getting the full amount of compensation you are legally entitled to.

Making a Claim

After your injury you will need to file a claim with your employer. Under workers’ compensation law you do not have to prove your employer was negligent. Your employer is legally required to have workers’ compensation insurance. If your employer tells you there is no coverage or that you do not qualify for workers’ compensation, you need to speak with a lawyer right away.

Once you file a claim with the employer’s insurance company the claim will either be approved or denied. If the claim is denied, or it is not approved in full, you can bring a case before the Illinois Workers’ Compensation Commission (IWCC).

You will be assigned an arbitrator who will monitor your case. Once you are as recovered from the injury as you are going to get, you have to request a trial. If you do not request a trial and three years pass, the case can be dismissed and you will not receive any compensation.

If you lose your case before the arbitrator, you can appeal your case to the IWCC commissioner.

Under Illinois law you have the burden of filing your claim on time and to prove you qualify for workers’ compensation benefits.

If you have been injured at work you don’t have to fight your claim by yourself. Speak with a knowledgeable 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.

Sources:

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

http://www.iwcc.il.gov/benefits.htm

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