Archive for the ‘IWCC’ tag

5 Surprising Facts about Workers’ Compensation in Illinois

August 13th, 2015 at 1:01 pm

workers' compensation, benefits, Chicago Workers Compensation AttorneysThe challenges of a workplace injury extend beyond the physical recovery. Victims may not be able to return to work, and serious injuries can cause lifestyle limitations.

If you want to learn about the benefits of workers’ compensation and whether you are eligible, call a workers’ comp layer for guidance. In the meantime, here are five surprising facts about workers’ comp:

1. Part-time employees are covered.

Workers’ compensation insurance policies cover both part- and full-time employees, according to the Illinois Workers’ Compensation Commission. If you are hurt on the job, your part-time or full-time status cannot prevent you from collecting benefits.

2. You can work with your own doctor.

Illinois law allows workers’ compensation recipients to work with a doctor of their choice. Also, employers have the right to request a case review from a physician of their choice.

3. You cannot lose your job while collecting workers’ compensation.

In Illinois, employers cannot fire workers while they are collecting benefits. No matter how much time it takes for you to recover, you will keep your job.

4. Workers’ comp can help you find a new job if you are unable to return to your old one.

Some workplace injuries are so serious that victims cannot return to work. Fortunately, workers’ comp benefits cover vocational training to help injured employees find a new job.

5. No industry causes more workplace injuries than construction.

According to the United States Department of Labor, construction accidents killed 4,585 workers in 2013. That is 12 fatalities per day and 88 per week. The four most common causes of construction site injuries are:

  •         Struck by Object Accidents
  •         Falls
  •         “Caught Between” Accidents
  •         Electrocutions

U.S. and state legislators have introduced several laws to keep employees safe in the workplace. The Occupational Safety & Health Administration enforces these laws. In the last four decades, efforts from OSHA and other organizations have cut workplace accident rates by 67 percent.

If you have suffered an injury at work and would like to speak with a Chicago workers’ compensation lawyer, call the Law Offices at Francis J. Discipio at 630-574-2288.

Responsibilities of Your Employer If You Are Injured At Work

April 29th, 2014 at 3:16 pm

workers compensation, IWCC, Illinois Workers Compensation Commission, lawyer, attorneyAll employers in Illinois, according to the Illinois Department of Insurance, are required to carry worker’s compensation coverage for employees. If a person is hired as an independent contractor, employers are not required to carry worker’s compensation insurance, which has led to some changes in what can be considered a contract position and what cannot; several disputes have recently arisen regarding a person’s title versus his or her professional responsibilities. All worker’s compensation benefits are covered by licensed insurance companies and must, according to the Illinois Department of Insurance, be among those certified by the state. A list of those companies can be found here.

According to the Illinois Worker’s Compensation Commission (IWCC), if a person is injured at work there are several responsibilities that the employer must undertake by law. First, an employer must render appropriate and necessary first aid and medical services. Immediately after that, the employer must contact his worker’s compensation underwriter, even if he disagrees with the employee’s claim. If the employee was injured to the extent that he or she cannot work for at least three days, the employer has a responsibility to either:

  • Begin Temporary Total Disability (TTD) payments;
  • Provide the employee with a written explanation of what he needs to begin TTD payments; or
  • Provide the employee with a written explanation of he is denying the benefits.

Employers must maintain complete records of all worker’s compensation claims, and must submit any and all claims to the IWCC. If a workers dies while at work, the report must be submitted to the IWCC within two days of the incident. If a worker is injured but not incapacitated for more than three days, an employer is not responsible to submit a claim to the IWCC.

If you suspect that your employer has not met worker’s compensation responsibilities in Illinois, you may be eligible for a lawsuit against him. The most important first step is to contact a worker’s compensation attorney. Contact the Law Offices of Francis J. Discipio today.

Claimant Awarded Disability Benefits

December 23rd, 2013 at 8:59 am

The Illinois Workers’ Compensation Commission (IWCC) awarded permanent disability benefits in November to a worker who injured his ankle at work, according to the Illinois Workers’ Compensation Law Bulletin. The case established that even if a claimant can maintain the same job title after sustaining the injury, he may be eligible for workers’ compensation if the nature of the work has changed. If the claimant, that is, is unable to perform the work at the same speed or with the same ease as he could before the injury, he may be eligible for workers’ compensation even if he is able at the same time to keep the position. Claimant Awarded Disability Benefits

According to the Illinois Worker’s Compensation Commission Law Bulletin, “where the claimant’s job duties require post-injury modification, and he performs his duties at a much slower pace and is less productive than before his work injury, the claimant has suffered a deviation from his usual and customary line of employment.” If it can be established that the usual and customary line of employment has been altered by the injury, the claimant is eligible for workers’ compensation, as in this case.

Sherwood v. Ineos Nova LLC was initiated after a 2008 incident in which the claimant was climbing an icy tank. The claimant worked as a reliability technician, and “his duties included maintenance of the computer systems and equipment at the plant.” When he slipped climbing the icy tank, the claimant “fell down a long set of stairs,” shattering his left ankle. In early 2009, the claimant underwent surgery and physical therapy, and in March of that year returned to work.

Although the claimant’s job duties were in fact modified to fit his new restrictions, the IWCC awarded him workers’ compensation because “his age, profession, education, physical restrictions, and nature of the injury make it highly unlikely that the claimant could obtain a position elsewhere in his chosen profession.”

The ruling is important because it sets a precedent that even in cases in which the employer correctly and sufficiently modifies a job description to fit restrictions of an injured worker, the worker could still be eligible for compensation. If you or someone you know is seeking disability benefits, the most important first step is to seek the counsel of an attorney. Contact the Law Offices of Francis J. Discipio today.

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