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

Archive for the ‘job injury’ tag

What to Expect After a Workplace Injury

November 13th, 2019 at 9:59 am

IL workers comp attorney, Illinois work injury lawyerLarge workplace deaths in the early 1900s are what began the workers’ compensation laws we know today. Most notably, the 1909 Cherry, Illinois coal mining fire that killed 259 men and boys, which was one of the most deadly coal mining accidents in the United States. Three years later, the first workers’ compensation laws in Illinois were passed. Today, most employers are required to have workers’ compensation insurance, and it is as important as ever for employees who are injured and cannot return to work.

There are endless ways a person can get injured. Workers’ compensation is for when an injury is severe enough to prevent a person from working or carry on with a normal life. Whether permanently or temporarily disabled, workers’ compensation covers lost wages and medical bills related to the work injury. The more severe the injury, the more a person is likely to receive. It is an employee’s right to file for workers’ compensation, but it can be confusing where to start and what to expect after a workplace injury.

For life-threatening injuries, it is important to seek medical assistance right away. Otherwise, one of the first things an injured person should do is notify their employer. In Illinois, an employee has 45 days from the accident to report the injuries. The only exceptions are for radiation exposure, in which an employee has 90 days. For an occupational disease, the employee must notify the employer as soon as the condition is known.

After the injury is reported, the employer will notify their insurance company. For any injury that takes an employee out of work for three days, the employer as a month to report it to the commission. After the three day mark for being out of work due to injury, the employer must begin benefits or give a written reason why benefits are being withheld.

After a case is reported to the commission it is given a case number and it is assigned to an arbitrator. To receive future benefits, an employee will have to file a claim. This is how a person to ensure all benefits are paid out. An employee has three years to file a claim in most cases.

Contact a Chicago Workers’ Compensation Attorney

Although an attorney is not required to file a claim with the workers’ compensation commission, having the legal counsel is in your best interest if the case is disputed. An insurance company and employer will have a lawyer, so it is important to level the playing field with an experienced Cook County workers’ compensation attorney. Contact us at 630-574-2288 to arrange a free consultation today.

 

Sources:

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

https://www2.illinois.gov/sites/iwcc/Documents/handbook.pdf

 

Does My Work Injury Qualify for Workers’ Compensation?

September 29th, 2019 at 8:35 am

disabilityIf a person gets seriously injured in their own home, they are responsible for medical costs associated with the accident. If they cannot work after the incident, it will take specific circumstances to file for social security disability benefits. However, if that same accident happens at work, then most employees have protection through their employer’s workers’ compensation insurance.

Workers’ compensation insurance is required for most employers in Illinois. It is in place to protect workers in case of an on-site accident that affects their ability to work, or they develop a disease that affects their overall health. It also benefits employers because instead of an employee suing the company for their injury or illness, they get paid out with workers’ compensation insurance. If an employee cannot return to work because of a workplace-related injury, then the benefits their eligible to receive include:

  • Medical care to reasonably treat the injury or condition acquired
  • Permanent or temporary disability status, where lost wages are compensated
  • Death benefits for surviving family members

For a person to receive workers’ compensation benefits, the injury or illness in question must be work-related. For an injury, it must have happened while at work, or on duty. For example, if a worker was driving to work and got into an accident, they most likely would not be eligible for workers’ compensation benefits. However, if that same worker was driving to a client meeting, they may be eligible because they were driving to conduct business.

An injury must also be serious enough to prevent an employee from returning to the workforce or prevent them from returning to their job. For example, a construction worker with a broken leg likely would not be able to return to their position right away but may be able to do office work. If a worker cannot return to work within three days, their benefits start automatically unless an employer has a written reason why benefits are being denied.

Workers’ compensation benefits may be denied if the employee was participating in violence, or was drunk when the accident occurred at work. If otherwise, the accident was the fault of the employees, they most likely will still receive benefits.

Contact a Cook County Workers’ Compensation Attorney

Even if an employer is following the law, receiving workers’ compensation benefits is rarely a straightforward process. Make sure you receive fair benefits after a workplace accident by calling an experienced Chicago workers’ compensation attorney. Contact us at 630-574-2288 to arrange a free consultation today.

 

Sources:

https://www2.illinois.gov/sites/iwcc/Documents/handbook.pdf

https://www.osha.gov/laws-regs/regulations/standardnumber/1904/1904.5

 

Workers’ Compensation for Flight Attendants

September 17th, 2019 at 8:53 am

Workers’ compensationIL worker comp lawyer, IL job injury attorney claims are often associated with construction workers or other manual laborers. However, most employees qualify for workers’ compensation benefits and have the right to file a claim after being hurt at work. Being a flight attendant allows a person to travel around the world for a living, but there are some dangers these employees face while in the sky. Instead of suing the employing airline for an injury, a flight attendant would file a workers’ compensation claim.

No matter the industry, workers’ compensation is there in the event an employee is hurt and cannot work. Most employers are required to have workers’ compensation insurance should this happens. Workers’ compensation gives security to a worker by assisting in lost wages and medical bills.

Out of 47 jobs ranked by Business Insider, being a flight attendant ranked number eight as one of the most unhealthy jobs based on data from the Occupational Information Network. Flight attendants come into contact with many people from all over the world, and unfortunately, that also means they have the potential to be exposed to infectious diseases in close quarters. Bites and stings are also possible from insects or bugs accidentally brought on a plane. If a flight attendant becomes severely ill from flying alongside a diseased passenger, and cannot work as a result, he or she may have a case for workers’ compensation.

Another danger flight attendants face while on the job is turbulence. This is when there is a change of pressure in the air which causes an aircraft to bump or shake. Often, these are minor occurrences, and passengers of an aircraft are protected by seatbelts and signs indicating if it is safe to move about the cabin. This is not always an option for a flight attendant.

According to the Federal Aviation Administration, eight total crew members were severely injured due to turbulence in 2017. Airlines are required to report injuries due to turbulence that require hospitalization for more than 48-hours. The right amount of pressure can throw a flight attendant into the ceiling. If he or she was serving hot coffee at the time, it could lead to additional injuries.

Contact an Chicago Workers’ Compensation Attorney

Airlines are large corporations that may fight back against a workers’ compensation claim. Any flight attendant working for an Illinois based company is eligible for benefits. If you are unable to return to work due to illness or physical harm, contact an experienced Cook County workers’ compensation attorney. Contact us at 630-574-2288 to arrange a free consultation today.

Sources:

https://www.travelandleisure.com/airlines-airports/flight-attendant-unhealthy-job-risks

https://www.faa.gov/news/fact_sheets/news_story.cfm?newsId=20074

Back to Top Back to Top Back to Top