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Archive for the ‘job injury’ tag

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

Workers’ Compensation and Suing Your Employer

November 30th, 2020 at 11:16 pm

IL work injury lawyer, IL workers comp attorneyIn an average year, around 3 million people suffer injuries in the course of doing their jobs across the country. These injuries cost companies tens of billions of dollars, including both lost productivity and the costs of treating the workers’ injuries. In Illinois, as in all other states, a workers’ compensation program was developed to help injured employees by providing benefits to cover medical expenses, retraining costs, and even a percentage of the wages lost due to their injuries. While workers’ compensation is available in most cases in which the injured worker is an employee, many people are often curious if they can sue their employer in pursuit of additional compensation.

Workers’ Compensation and Fault

According to the Illinois Workers’ Compensation Commission, the state’s work comp program is entirely a no-fault system that is intended to protect injured employees. The program’s benefits are usually payable regardless of who caused the injury or whether negligence was a factor. In fact, an employee could even collect workers’ comp benefits if he or she caused his or her own injuries through carelessness. If injured workers had to prove that their injuries were caused by negligence by their employers or any other parties, the state’s work comp program would pay on far fewer claims, leading to thousands of injured employees with no income and no recourse.

For example, if you were at work and performing a task on a ladder—a ladder that was maintained properly and in proper working condition—and you turned to reach something above your head, could you accuse your employer of being negligent if you fell? Under the workers’ compensation program in Illinois, the answer to that question is of no consequence. Workers’ comp benefits would likely be available for your injuries.

Express Limits on Suing Your Employer

The Illinois Workers’ Compensation Act is the law the primarily governs the workers’ compensation program in the state. This law explicitly states that a person who subject to the law and eligible to claim work comp benefits does not have any “common law or statutory right” to file a lawsuit against his or her employer for losses caused by the injury. There are some exceptions to this law, but they are very limited. For example, if you were physically attacked by your employer, for example, you would be entitled to sue your employer. You might also be able to sue if your employee intentionally engages in conduct that is highly likely to cause serious injury or death to workers, but such cases are exceedingly rare. Generally, if you are hurt on the job, you do not have the option of suing your employer.

An Illinois Workers’ Compensation Lawyer Can Help

If you have suffered an injury in the course of doing your job and you have questions about collecting workers’ comp benefits, contact a Chicago workers’ compensation benefits attorney to get the answers you need. Call 630-574-2288 for a free consultation at the Law Offices of Francis J. Discipio today. We have the experience and resources to help you get the resources you need to start putting your life back together.

 

Sources:

https://www.bls.gov/news.release/pdf/osh.pdf

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

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

What Benefits Can Be Covered By Illinois Workers’ Compensation?

August 17th, 2020 at 9:33 pm

work-injuryMany occupations carry some level of risk of injury or illness for the people who hold them, and the state of Illinois has a workers’ compensation program in place to provide for employees who become ill or injured as a result of their jobs. If you are one of these employees, you can take solace in the fact that relief is available, but when you are already dealing with injuries it can be difficult to understand what your workers’ compensation benefits will cover and how much you can expect to receive.

Payment Included Under Workers’ Compensation Benefits

Illinois workers’ compensation accounts for a range of expenses incurred as a result of your work-related injuries or illness. Depending on the severity and nature of your injuries, you can expect to receive compensation for some or all of the following:

  • Medical expenses: If you are awarded workers’ compensation benefits, your employer should cover any medical expenses that you can prove were necessary as a result of your work-related injury. This may include emergency treatment, surgery, medication, rehabilitation, and long-term care.
  • Lost wages: If your injury or illness prevents you from working for at least three days, this is considered temporary total incapacity, and your employer should make weekly payments for as long as your incapacity lasts. The payment amount is usually two-thirds of your average weekly wages, and it can increase if you have a spouse or children.
  • Mental illness treatment: If you can demonstrate that a work-related incident caused or exacerbated a mental illness such as post-traumatic stress disorder, workers’ compensation benefits can also cover medication and therapy to treat your condition.
  • Disability: If your injury results in permanent partial or total disability that prevents you from returning to work at all or at full capacity, you are eligible to receive additional weekly compensation until death or throughout the duration of your disability.
  • Scarring and disfigurement: Workers’ compensation may include additional benefits if your injury results in permanent scarring on a visible part of your body, such as your head, neck, arms, or legs.

When a work-related incident causes an employee’s death, eligible benefits may also be paid to the employee’s spouse or dependents to compensate for their loss.

Contact an Illinois Workers’ Compensation Attorney

When you are suffering from a work-related injury or illness, you should not have to handle the stress of figuring out your workers’ compensation benefits on your own. An experienced attorney can help you gather evidence of your injuries and their causes and build a claim to seek all of the compensation you deserve. Contact the Law Offices of Francis J. Discipio at 630-574-2288 for a free consultation with a Chicago workers’ compensation lawyer who will treat you with compassion and respect.

 

Sources:

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

https://www.illinoislegalaid.org/legal-information/understanding-workers-compensation-benefits

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