"AMERICA, HOME OF THE FREE, BECAUSE OF THE BRAVE" OFFERING FREE CONSULTATIONS 630-574-2288
Chat
Espanol

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

Reasons Workers’ Compensation Gets Denied

April 20th, 2021 at 9:35 pm

work-injuryNobody plans on getting injured — that is why we call it an accident. However, getting hurt at work can result in rather difficult circumstances for you and your family. Not only can it cause you physical maladies, but taking time off of work can also cause financial distress for your family. Fortunately, workers’ compensation exists to help ease some of the burden that is brought on by getting injured at work. However, workers’ compensation benefits are not automatic. Before you can begin to claim compensation, you must first file for your benefits with the state. Even if your injury happened at work, not all workers’ compensation claims will be accepted. Though it can be frustrating, there are multiple reasons why your workers’ compensation claim might be denied.

Understanding the Reasons for Denial

Workers’ compensation was created with the intention of providing financial and vocational support to those who have been injured at work. As such, the primary objective of the program is to help people, which is why many claims are accepted without issue. However, some claims may be challenged by the Illinois Workers’ Compensation Commission. Here are some of the most common reasons why your Illinois workers’ compensation claim may have been denied:

  • You waited too long to file your claim. Like most other things, filing a workers’ compensation claim has a time limit to it. In general, the statute of limitations for filing a workers’ compensation claim in Illinois is 45 days. If the injury involves radiation, the statute of limitations is 90 days. If you fail to report your injury within this timeframe, your claim can be denied or delayed.
  • You have a pre-existing condition. In some cases, your workers’ compensation claim may be denied because of a pre-existing condition that you have reported. Your employer may try to avoid paying for your workers’ compensation by saying that your injury was pre-existing, but it is important to note that you still have rights, even if you have a pre-existing condition. You may still be entitled to benefits if your workplace injury aggravated your pre-existing condition.
  • Your own actions contributed to the injury. Workers’ compensation only covers employees for injuries that they have sustained during accidents that occur at work from the usual course of conduct. Workers’ compensation does not cover accidents that occur due to the negligence, misconduct, or irresponsibility of the employee. Your claim may be denied if the details of your case reveal you as being at fault, or under the influence of intoxicating substances at the time of the accident.

Our Chicago, IL Workers’ Compensation Lawyers Are Here to Help

It can be extremely frustrating to hear that your workers’ compensation claim has been denied. However, even if your claim was denied, that does not mean it is the end of the road. At the Law Offices of Francis J. Discipio, we know that workers’ compensation claims are denied all of the time for all kinds of reasons, whether they are valid or not. Our skilled Cook County workers’ compensation attorneys can help you understand your rights when it comes to your workers’ compensation benefits. To schedule a free consultation, call our office today at 630-574-2288.

 

Sources:

https://www2.illinois.gov/sites/iwcc/resources/Pages/faq.aspx

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

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

Back to Top Back to Top Back to Top