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Archive for the ‘job injury’ tag

Pedestrian Accident While on the Job

June 11th, 2020 at 8:47 pm

IL job injury attorneyIllinois is home to some of the busiest cities in the country- Chicago, Cook County, and Rosemont-  putting pedestrians at greater risk. According to the Illinois Department of Transportation, there were 319,146 motor vehicle crashes in 2018. Of those 319,146, 4,779 involved a pedestrian. If you were a pedestrian in a motor vehicle crash, it is important to consult with a workers’ compensation attorney to protect your rights and maximize your compensation.

Illinois Pedestrian Laws

Pedestrians and drivers are equally responsible for maintaining traffic safety. However, drivers should always yield the right-of-way when a pedestrian is present, and should not drive unreasonably close to them.

Within the state of Illinois, a driver must stop in any of these situations:

  • When a pedestrian is in a marked crosswalk.
  • When a pedestrian is walking with a walk signal.
  • When a pedestrian is in an unmarked crosswalk, but on the driver’s side of the roadway and there are no traffic lights to direct them.
  • When children are in close proximity to a school zone crosswalk.
  • When a pedestrian is walking with a green light, to a walking person symbol or a walk signal.
  • When a pedestrian is in a marked crosswalk before the traffic light has changed from red to green.
  • When a pedestrian is entering an intersection with a flashing yellow signal.
  • When a pedestrian is entering or leaving the road from a building, alley, driveway, or private road.

The Insurance Company

An injured pedestrian will most likely recover compensation from an auto insurance company following the accident. However, if the accident took place while the pedestrian was on the job, their employer may be responsible to cover damages. Additionally, if the pedestrian suffered a severe injury or death, the pedestrian or his/her family may be able to sue the driver or their auto insurance company.

If You Have Been Hit

If you have been hit by a motor vehicle, it is important to seek out medical attention even if you do not think you have been injured. Either way, you will want to collect the following information:

  • The driver’s name, any and all contact information such as phone number, and/or email address, insurance information, and their license plate number.
  • The witness or witnesses name and contact information.

Additionally, take pictures of anything you deem important that may help your case. These pictures include the driver’s car, any damage on the vehicle, skid marks on the pavement, and injuries you have sustained.

Contact a Chicago Job Injury Attorney Today

Were you or a loved one severely injured while walking or jogging? Contact a Cook County workers’ compensation attorney from the Law Offices of Francis J. Discipio. Our legal team will represent you and your case.

 

Sources:

http://www.idot.illinois.gov/Assets/uploads/files/Transportation-System/Resources/Safety/Crash-Reports/crash-facts/2018%20Crash%20Facts.pdf

https://www.cyberdriveillinois.com/departments/drivers/traffic_safety/bikepedsafety.html

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-401

 

What to Do When Your Employer Does Not Report Your Injury

April 8th, 2020 at 9:39 pm

IL job injury attorney, IL workers comp lawyerIf you have gotten injured at work, there are certain actions that must be followed for both you and your employer. According to Illinois law, when a worker is injured at work, the company must fill out an incident report and file it with the Department of Labor division within a timely fashion. The faster the incident report is filed, the faster you may receive compensation, and be on your way to recovery.

Unfortunately, your employer may not be as concerned about your health and safety as you are, and may neglect to report your injury.

Possible Reasons for Neglect to Report

  • Insignificant or consistent injuries: A doctor is the only individual who can determine the severity of your injury regardless of what your employer may say. If you have already visited a medical professional regarding your injury, be sure to keep all documentation given to you from your visit(s).
  • Avoid an increase in insurance rates: While your employer may not want to deal with a rise in their premium, reporting a worker-related injury is a legal requirement.
  • Lack of workers’ compensation coverage: Although workers’ compensation insurance is mandatory by law for businesses to have, some employers still ignore that fact and refuse to obtain it. This is illegal, and if caught without it, your employer may face serious consequences.
  • Postponement in reporting your injury: Your employer may tell you that because you did not report your injury to them the day it happened, it is too late to file a claim. While you may have not reported it to them the day of, they would still be able to file.

Know Your Rights

If you have gotten injured while on the job, you have the right to receive medical treatment from a medical professional and to have that treatment covered by workers’ compensation even if your employer refuses to report your injury or tries to sway you from reporting it.

Avoid dealing with the pain of your injury, and the expense of your medical bills, and hire a third party to help you receive compensation.

Contact an Illinois Workers’ Compensation Attorney Today

If you have sustained an injury at work, but your employer is being uncooperative, let us help. Contact an experienced Chicago, Illinois workers’ compensation attorney from the Law Offices of Francis J. Discipio. We will work tirelessly to get you the compensation you deserve. Call our office at 630-574-2288 to schedule your confidential consultation.

 

Sources:

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

 

Is Disfigurement Covered Under Workers’ Compensation?

February 14th, 2020 at 9:14 am

IL workers comp lawyer, Illinois job injury attorney Workers’ compensation is available for all eligible employees after a work accident. The benefits are to assist the employee with lost wages and medical bills. Injuries associated with workers’ compensation are often traumatic and life-changing. While this is also true for disfigurement cases, a person with a burn may be able to return to work quickly without issue. However, physical scars are lifelong and may be embarrassing.

Since it was officially instituted in Illinois law in 1912, Workers’ Compensation has been a resource for any employee who has been injured on the job. If a person cannot return to work after an accident within three days, benefit payments must begin. These payments are to assist an employee when they are not able to work and make money. Medical treatment for qualified injuries will also be covered by workers’ compensation.

For disfigurement to be compensated for, the scar must still be visible six months after the date of injury. Any scar can make a person feel self-conscious, but to receive benefits, it must be considered permanent and serious. Because scars and their impact are subjective, it is important to have an attorney experienced in cases of disfigurement.

A worker can get compensation for scars and disfigurement alone, but benefits for disability may also be collected. For example, if a construction worker broke a leg while falling and their face got cut up also in the process, the worker could also collect benefits for any permanent scarring. If the worker lost their leg, however, they would not be able to collect disfigurement benefits on the same leg.

For disfigurement, there are certain criteria to be met. To get workers’ compensation benefits for a scar, the disfigurement must be on a visual part of the body. Compensation will only be granted for scars on the face, hand, arm, neck, above the breast bone, and below the knee. If an injury left a scar on a worker’s torso, the worker could only collect benefits from medical attention needed in the area. The more visible and severe a scar, the more a person can be compensated. A scar on a person’s face is going to be worth more than a scar on an arm or leg. If a scar is large or raised, the potential benefits also go up.

Contact a Chicago Workers’ Compensation Attorney

Scars can occur from lacerations or burns, but no matter the circumstances, you deserve to be compensated for disfigurement that occurred while working. To find out if you have a case for disfigurement benefits, contact an experienced Cook County workers’ compensation attorney today. Contact us at 630-574-2288 to arrange a free consultation today.

 

Sources:

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

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

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