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Archive for the ‘Personal injury’ tag

When Will a Back or Spine Injury Qualify for Workers’ Compensation?

July 9th, 2021 at 11:34 am

Workers-Comp-Attorney-Cook-County-minOf the different types of conditions that can affect a person’s ability to work, issues affecting the back and spinal cord can be some of the most debilitating. Back injuries can be very painful, and they can restrict a person’s ability to stand for an extended period of time and pick up or carry objects. In serious cases, a spinal cord injury may lead to paralysis in different parts of the body, which may cause a person to be permanently disabled. People who have suffered back injuries related to their work will want to determine whether they qualify for workers’ compensation, which will allow them to receive benefits that will address their medical expenses and cover some of the income lost due to a disability.

Common Workplace Back and Spine Injuries

Serious back injuries or health conditions that affect the back and spine may include:

  • Slipped or herniated discs – Excessive strain on the back can cause the discs between the vertebrae in the spine to tear or rupture. This can put pressure on the nerves in the spinal cord, causing pain and restricting a person’s range of movement.
  • Degenerative disc disease – The discs in the spine can wear down over time, This type of repetitive stress injury can lead to chronic pain and limitations on a person’s ability to perform work-related tasks.
  • Paraplegia or tetraplegia – A serious workplace accident can cause the spinal cord to be damaged or severed. Depending on where a spine injury occurred, a person may suffer partial or complete paralysis affecting their lower limbs or their entire body.
  • Sprains and strains – The muscles, tendons, and ligaments in the back may be damaged when a person attempts to lift an object that is too heavy or because of other work-related accidents.

A back or spine injury will be covered by workers’ compensation if it occurred while a person was working or because of the work they have performed. Injuries in workplace accidents, such as a fall from a ladder or scaffold or a motor vehicle collision that took place while a person was driving for work, will qualify for workers’ comp, regardless of whether a worker or their employer was responsible for the accident.

A person may also qualify for benefits if their injuries have built up over time due to the work they performed, such as regularly bending over to pick up heavy items. In these cases, a person will usually need to provide evidence showing that their work-related activities were directly responsible for their injuries.

Contact Our Chicago Workplace Back Injury Attorneys

If you suffered a spine injury in a workplace accident, or if work-related activities have caused you to experience back pain, the Law Offices of Francis J. Discipio can help you file a workers’ compensation claim. We will work to ensure that your medical treatment will be fully covered and that you can receive the disability benefits you need. Contact our Cook County workplace injury lawyers at 630-574-2288 to arrange a free consultation.

Sources:

https://www.webmd.com/back-pain/causes-back-pain

https://www.mayoclinic.org/diseases-conditions/spinal-cord-injury/symptoms-causes/syc-20377890

 

The Difference Between Personal Injury and Workers’ Compensation

August 19th, 2016 at 1:13 pm

personal injury, Chicago workplace injury lawyerWhat happens if you get injured on the job and it was your fault? You cannot receive damages because you would not win a lawsuit or be eligible for workers’ compensation, right? Wrong. Some injured workers confuse personal injury lawsuits and workers’ compensation, thinking that if they themselves were the cause of their injury, they are not entitled to anything. However, the truth is that you can rarely file a personal injury lawsuit against your employer because the modern system is set up to protect workers not through civil lawsuits, but through workers’ compensation. Additionally, fault is not generally relevant one way or the other when it comes to workers’ compensation.

If worker A was injured on the job because they simply made a mistake and if worker B became injured because their employer failed to provide a non-slippery working surface, the two workers would receive the same compensation for their injuries (assuming the injuries were identical in this hypothetical situation). If you were injured on the job, contact an experienced Chicago workers’ compensation attorney as soon as possible.

There are other differences between workers’ compensation and a personal injury lawsuit as well. Understanding these differences is important in determining how to seek the compensation you deserve.

Personal Injury Lawsuit

To successfully recover damages in a personal injury lawsuit:

  • Fault must be found with the party that is being sued;
  • Medical bills are covered, as are rehabilitation bills, property damage, missed wages, lost earning capacity, and permanent impairment; and
  • Pain and suffering are factored into the equation, as is loss of enjoyment of life.

Workers’ Compensation

A workers’ compensation claim, by contrast, has very different requirements:

  • Fault is not relevant. Either you or your employer could be negligent and it would not affect the amount of compensation you receive;
  • Medical bills are covered, as are vocational rehabilitation bills, weekly missed wages, and permanent impairment benefits if the injury will result in a permanent disability; and
  • Pain and suffering are not factored into the equation.

When You Can File a Personal Injury Lawsuit Against Your Employer or Another Party

While, in most cases, you cannot file a personal injury lawsuit because of an accident that happened at work (this includes filing against a coworker), there are some exceptions to the rule. For one, if a maritime worker is injured on the job, they can file a personal injury lawsuit against their employer under the Jones Act. Interstate railway workers can also file personal injury lawsuits against their employers under the Federal Employers Liability Act. If an employer does not have workers’ compensation insurance, an injured worker can file a lawsuit against them. Additionally, you may be able to file a personal injury or faulty products lawsuit against the negligent party:

  • If you were injured by a chemical or toxic substance injury you may be able to file a toxic tort lawsuit against the manufacturer of the toxic product;
  • If you were injured by a defective product you may be able to bring a product liability lawsuit to the manufacturer; and
  • If your employer or co-worker intentionally caused the injury to occur, you will probably be able to file a personal injury lawsuit against them, and they may face criminal punishment as well.

If you were injured on the job, contact the experienced Chicago workers’ compensation attorneys at the Law Offices of Francis J. Discipio today at 630-574-2288. Reach out to us today for help.

 

Source:

https://www.law.cornell.edu/wex/jones_act

Scaffolding & Construction Accidents in Illinois

March 11th, 2014 at 12:27 pm

scaffolding accident, construction worker, construction accident, workers compensationPeople go to work and do any number of tasks, from filing paperwork to driving trucks across the country, to cleaning strangers’ teeth, to playing a football game, to constructing houses and buildings. Each of these jobs has different dangers involved. For construction workers, a very dangerous part of their job involves scaffolding.

 There are about 2.3 million construction workers, which make up about 65 percent of the construction industry, that work on scaffolds.

The Occupational Safety & Health Administration (OSHA) within the United States Department of Labor reported information from the Bureau of Labor Statistics’ (BLS) Census of Fatal Occupational Injuries as follows:

  • Fifty four fatalities in 2009 were due to scaffolds;
  •  Scaffold accidents that resulted in injuries were attributed to either the planking or the support on the scaffold giving way, or the employees slipping or being struck by an object falling, by 72 percent of the injured workers.

The OHSA most recently updated it’s scaffolding standards in 1996 and has since reviewed studies from the Bureau of Labor Statistics, which reported the following:

  • Twenty five percent of workers that were injured on scaffolds had received no scaffold safety training;
  • Seventy seven percent of scaffolds were not equipped with guardrails.

By correctly following the OHSA standards for scaffolds, it is estimated that 50 lives and nearly 4,500 accidents can be prevented every year. These standards include various regulations such as training to prevent employees hazards like “falls, falling objects, structural stability, electrocution, or overloading.”

If you are a construction worker and you have been injured on the job by a scaffold accident, or another work related accident, contact a workers’ compensation attorney for legal assistance. Lawyers at the Law Offices of Francis J Dscipio in Cook County, Ill. are ready to help you file a claim for your scaffold injury today.

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