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

Archive for the ‘job injury’ 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

Common Ways an Employee Can Be Disfigured at Work

March 30th, 2021 at 9:26 pm

works compEmployers and employees alike are responsible for taking safety precautions to prevent workplace accidents. However, even when all necessary measures are taken, injuries can still occur. Depending on the environment and job duties, there are various ways in which a worker can suffer a disfiguring injury while on the job. Disfigurement can affect many parts of the body, and it can lead to long-lasting scars as well as extensive rehabilitation. In many cases, Illinois workers are entitled to workers’ compensation benefits if they are disfigured at work.

Disfigurement Defined Per Illinois Law

According to the Illinois Supreme Court, disfigurement is defined as an impairment of a person’s appearance that is unusual. For instance, it can impact an individual’s beauty or the symmetry of his or her face or body. Under Illinois law, to be eligible for workers’ compensation, a disfigurement must be severe and permanent. In addition, it must be located on a visual part of the body, like the face, head, neck, hand, arm, or lower leg. However, a disfiguring injury to the rest of the body may not be eligible for compensation. It is important to note that if an accident caused the loss of a limb, the worker may not claim both disability and disfigurement benefits for that same body part.

Dangers on the Job

Working in certain fields or industries can increase the likelihood of accidents due to potential dangers. For example, some factory and construction jobs may involve operating large and heavy equipment. If a machine part malfunctions, an employee could get their hand stuck in it, resulting in deep cuts or lacerations. When toxic substances such as acid come in contact with a person, it can burn the skin. Similarly, explosions or electrocutions can cause third-degree burns or nerve damage. Erecting high-rise buildings may require workers to perform their duties using scaffolding, harnesses, or ladders. Falling from these items can cause serious head trauma or broken bones.
A few of the most common types of accidents that could result in disfigurement include:

  • Vehicle accidents (car, truck, tractor, forklift)
  • Falls from significant heights
  • Toxic chemical burns
  • Electrocution/Explosions
  • Falling objects (tools or other equipment)
  • Malfunctioning or defective power tools

Contact an Illinois Workers’ Compensation Attorney

Workplace accidents can result in serious to life-threatening injuries depending on the industry and circumstances. If you are disfigured after suffering a work injury, it can be physically and emotionally devastating. In many cases, financial relief may be obtained through workers’ compensation benefits. A renowned Chicago workplace injury attorney from the Law Offices of Francis J. Discipio can help you navigate this legal process of filing a claim. Call us today at 630-574-2288 to arrange a free and confidential consultation.

 

Source:

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

Know Your Options for Compensation After a Work-Related Car Accident

December 16th, 2020 at 4:59 pm

IL job injury attorney, Illinois works comp lawyer, On an average day in the United States, there are thousands of traffic accidents that cause thousands of people to suffer injuries. When you have been injured in a crash caused by someone else’s negligence, you are entitled to seek compensation from the at-fault driver for the injuries you have sustained. But, what if your accident occurred while you were “on the clock” or driving a company-owned vehicle? A work-related car accident is often more complex than “regular” crashes, but if you were in a company vehicle or on the job, you could have more avenues for securing compensation that you might have had otherwise.

Workers’ Compensation and Third-Party Claims

The Illinois workers’ compensation system provides benefits to employees who are injured at work. In the vast majority of situations, an injured employee qualifies for workers’ compensation no matter how his or her injuries occurred or who was to blame for the accident. The workers’ compensation laws in Illinois also prohibit an injured worker from filing a personal injury lawsuit against his or her employer, with very rare and specific exceptions. Generally, workers’ comp benefits offer coverage for the injured employee’s medical expenses, missed work, disability, and retraining in the event the employee cannot return to his or her previous job.

It is important to understand that the restriction on personal injury lawsuits only applies to those filed by injured employees against their employers. If an outside third party—meaning someone who is not the employer or the employee—is at fault for the employee’s injuries, the injured party has the right to file a personal injury claim against the responsible party. This type of action is known as a “third-party lawsuit” or “third-party injury claim,” and it may be necessary following an on-the-job car accident.

How the Pieces Can Work Together

When you are involved in a car crash while you are working, you may be eligible for workers’ compensation benefits, regardless of who was at fault for the crash. Keep in mind that your reasons for being in the car matter. For example, if you are running out to get lunch, and you are in an accident, your workers’ comp claim could be denied because you were not acting in your employer’s interests. However, if your employer asked you to stop at the bank and make a deposit for the company on your way to lunch, you are more likely to be eligible for workers’ compensation.

You should also remember that a third-party lawsuit is only appropriate if someone else was at fault for the crash. It is possible, however, that you might be eligible for workers’ comp benefits and able to file a third-party lawsuit, depending on the circumstances. If, for example, you were dispatched in a company vehicle to perform a task for your employer, and you were hit by a drunk driver, you would probably qualify for workers’ compensation, and you could sue the drunk driver for your losses.

The primary advantage of filing a third-party claim is that the damages available in such a claim typically go beyond what is available under workers’ compensation. Through a third-party personal injury claim, you could collect compensation for your medical care and missed work, just as under work comp, but you could also be eligible for non-economic damages such as emotional distress, pain and suffering, and much more.

Work With an Illinois Workers’ Compensation Lawyer

If you suffered injuries in a car accident on the job, it is important to work closely with an experienced Illinois workers’ comp attorney who can help you decide on the best way to get the compensation you need. At the Law Offices of Francis J. Discipio, we can assist you with your workers’ compensation claim as well as a third-party personal injury lawsuit, if appropriate. Call 630-574-2288 for a free consultation today.

 

Source:

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

Back to Top Back to Top Back to Top