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Archive for the ‘Illinois workers compensation law’ tag

Employer Notification of a Work-Related Injury in Illinois

July 26th, 2017 at 8:36 pm

Illinois workers comp attorney, Illinois work injury lawyer, If you have been injured in a work-related accident in the state of Illinois, then there are important steps you need to take to ensure you receive the workers’ compensation benefits you are entitled to.

Under Illinois law, an injured employee can give notice of the injury either orally or in writing. Some companies may have a company policy that all injuries and accidents need to be submitted in writing. If this is your company’s policy, then it is recommended you do so, however, not following your employer’s requirement will not affect your workers’ compensation claim.

According to state law, an injured worker has 45 days from the day of injury to notify his or her employer of the incident. Although the law allows you that much time, the reality is that it should be one of the very first things you should. If there is a delay between the time you were injured and the time you notify your employer, they could use that against you in an attempt to deny your claim.

An employee may have a legitimate reason why they did not report the injury immediately. One example could be a case where the employee thought the injury was only a minor one, but after several days or weeks, symptoms begin to worsen and the employee finds it necessary to seek medical treatment. The employee then tells the employer about the injury, explaining it happened weeks ago. This could raise suspicion with the employer that either the employee is making the injury up or the injury happened somewhere else and the employee is only seeking to file a false work-injury claim.

The employer – and their workers’ compensation insurance carrier – could reject the claim and refuse to pay the employee the workers’ compensation benefits they may be entitled to.

When it comes to repetitive stress injuries, there is usually not an “accident date” that can be pinned down as when the injury occurred. Instead, these types of injuries develop over time. When a worker realizes they are having medical issues, they should report it to their employer.

Let a Chicago Worker Injury Attorney Advocate for You

If you have been injured on the job or developed a work-related illness, contact a skilled Chicago workers’ compensation attorney to discuss your situation. Although injured workers would like to think their employer only has their best interest in mind, the reality in many situations is that the injured employee needs the assistance of an attorney who will ensure that their rights are protected and they receive all the benefits they are entitled to.

 

Source:

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

Illinois Two Doctor Rule in Worker Compensation Cases

July 17th, 2014 at 12:16 pm

two doctor rule, Illinois workers' compensation lawyer, your rightsAccording to Illinois workers’ compensation law, if you are injured in a work-related accident, you have the right to choose your own doctor, as well as any other doctors you are referred to, for treatment. Injured workers actually have the right in Illinois to choose two doctors. This is called the “two doctor rule.”

Many companies try to get the injured employee to go to either the company clinic or a doctor that has a contract with the company. This is done with the idea to keep the company costs down, but it is usually not the best choice for the injured employee. If there is a doctor on the company’s premise that you see when you are injured, this is not usually considered your first choice. However, if you initially go to a doctor at the company clinic, it may or may not be considered your first choice, depending on just how agreeable you were to the visit. An initial visit to emergency rooms when you are injured is also not considered your first choice.

A recent case that was brought before the Illinois Workers’ Compensation Commission highlights just how important the two doctor rule can be to protecting the rights of an injured worker.

The case involved a man who was employed as a carpenter for a remodeling company. The man injured his back while moving a large pile of group studs. The man’s supervisor insisted on driving him to a chiropractic clinic, despite the man’s wish to go to a different doctor. The visit to the chiropractor failed to relieve the man’s symptoms, and three days later he went to the emergency room with severe lower back pain.

The emergency room doctor advised him to make a follow up appointment with his primary care physician. Instead, he went to another physician, who was not his primary care doctor and for which he did not have a referral for, and was diagnosed with bulging disk. The man eventually had to undergo surgery for his injury when other treatment methods fail to produce any relieve.

The commission ruled that the initial visit to the chiropractor was not the man’s first choice of doctor and neither was the emergency room physician the man saw. Although he did not have a referral to go to the physician who he did choose to see, the commission ruled that this physician was the man’s first choice and awarded the man 65 weeks of total disability, as well as $110,666.50 in medical expenses.

If you have been injured on the job, contact an experienced Illinois workers’ compensation attorney to find out what civil recourse you may have for compensation for pain and loss you’ve suffered.

Signs of a Repetitive Stress Injury

January 31st, 2014 at 4:24 pm

Your hands are extremely complex, with more than 25 bones in each hand. Depending on your work requirements, you may find that you are experiencing the signs and symptoms of a repetitive stress injury. If you have been the victim of such an injury, you need to consult with an Illinois workers’ compensation attorney to ensure that your rights are being represented.

 repetitive stress injury IMAGEAccording to the Cleveland Clinic, one of the most common types of injuries is tendonitis. Tendons are essential for connecting muscle to bones, and doing the same movements over and over in the course of your jobs can lead to inflammation or injury. Two of the most common forms of tendonitis are often referred to as tennis elbow and trigger finger.

There are several different symptoms that you might experience as a sign of tendonitis are pain, stiffness, weakness, sensitivity to cold and heat, swelling, or tingling. If you start feeling these symptoms, you need to speak with a medical professional about treatments and impacts on your life. Even if you feel like the pain is mild, repetitive stress injuries can get much worse over time, especially if you continue with the same job duties that are causing the initial injury.

A repetitive stress injury can be treated a few different ways, including elevation, splinting, rest, and icing. Rest is one of the most important treatments for a repetitive stress injury, but if you continue to ignore the pain and repeat the same behavior, it can get worse and create challenges for your work environment and daily life.

If you believe you have the grounds of a workers’ compensation claim, you need to file a report with your employer after you get medical attention. It’s a good idea to have an Illinois workers’ compensation attorney at your side for the duration of your claim as this can help to ensure that your rights are protected at each stage.

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