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

Archive for the ‘repetitive stress’ tag

How Do I Claim Workers’ Compensation for a Repetitive Stress Injury?

September 30th, 2020 at 6:24 pm

IL job injury lawyer, IL workers comp attorneySome work-related injuries happen in an instant and change your life immediately, but a significant number only become noticeable over time. The Occupational Safety and Health Administration (OSHA) reports that 1.8 million employees each year suffer from a repetitive stress injury related to their work, with carpal tunnel syndrome, tendinitis, and lower back and neck injuries being some of the most common. You may be entitled to workers’ compensation benefits for your repetitive stress injury, but these cases can be especially challenging, and working with a skilled attorney may be your best chance of obtaining relief.

Initiating a Repetitive Stress Injury Claim in Illinois

If you begin to experience persistent pain that affects your day-to-day life and ability to work to your usual standards, you should consider seeking the opinion of a doctor who can diagnose the nature and severity of your injury. Typically, you are required to notify your employer within 45 days of an injury’s occurrence, but with a repetitive stress injury, the date of the occurrence may not be easy to pin down. Your best option to ensure eligibility for compensation is to notify your employer as soon as you have an understanding of the injury and whether it may be work-related.

It is important to keep a record of all medical treatment you receive for your injury, not only to file a workers’ compensation claim in the first place, but also in case the insurance company denies your claim and you have to take legal action to pursue the compensation to which you are entitled. This is not uncommon for repetitive stress injuries, as their slowly progressing nature can make it challenging to prove their cause. If you are having trouble with the insurance company, an attorney can help you gather the evidence you need, including the testimony of medical experts, to establish that your injury is, in fact, work-related.

If your claim is approved, you will likely receive compensation for any medical expenses related to the treatment of your injury, including surgery, medication, and rehabilitation. You may also receive compensation for lost wages from any time you are unable to work at your full capacity due to the injury.

Contact a Chicago Workers’ Compensation Attorney

Dealing with insurance companies can be difficult, but you do not have to let that stop you from getting the compensation you need. The attorneys at the Law Offices of Francis J. Discipio will work with you throughout your workers’ compensation claim to help you achieve a fair resolution. Contact a Cook County workers’ compensation lawyer today at 630-574-2288 to schedule a free consultation.

 

Source:

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

https://consumer.healthday.com/encyclopedia/pain-management-30/pain-health-news-520/repetitive-stress-injury-rsi-646236.html

Challenges With Repetitive Trauma Injuries and Illinois Workers’ Compensation Claims

October 22nd, 2015 at 3:02 pm

repetitive trauma, work comp, Illinois Workers' Compensation AttorneyWorkers’ compensation can be claimed for repetitive trauma injuries and not just for major injuries that occur in a single accident. The law in Illinois presents some challenges for people trying to file workers’ compensation claims based on these injuries. The issues include knowing what types of injuries are covered, and presenting the claim so it meets the requirements of state law.

Types of Injuries

Frequent and repeated motions or movements over a period of time cause repetitive trauma injuries. These injuries are common in jobs that require the same parts of the body are doing the exact same motion day after day.

Construction jobs where heavy vibrating power tools must be used frequently often cause repetitive trauma injuries. Another common cause is jobs that require a lot of typing on a keyboard.

Some typical types of repetitive trauma injuries include:

  • Carpal Tunnel Syndrome
  • Rotator Cuff Injuries
  • Herniated Disks
  • Cubital Tunnel
  • De Quevain’s Syndrome
  • Tendonitis

What You Have to Prove

While each claim is unique, under Illinois law, every workers’ compensation claim must show a date of injury, that the claim was timely filed, and that the injury was work related. Claims may also have other requirements to be successful. The date of injury and the showing the injury is work related can sometimes be a challenge in repetitive trauma injuries.

Date of Injury

For many injuries, determining the date of injury is easy. When did the accident happen that caused the injury. But, repetitive trauma injuries happen over a period of time and cause the gradual deterioration of different parts of the body. Under the current law, a claimant with a repetitive trauma injury should notify their employer as soon as they learn that their injury or pain is work related.

The law has become more flexible than it once was in finding the date of a repetitive trauma injury, but the sooner you notify your employer the better. If you have any questions about reporting to an employer or your workers’ compensation rights, you should contact a lawyer right away. Time is of the essence.

Work Related

Just like with the date of an injury, for many workers’ compensation cases showing the injury is work related is simple. But, some repetitive trauma injuries are from pre-existing injuries or are aggravated by work and by actions of the employee when they are at home.

The law in this area can be complex and will depend heavily on the facts of each individual claim.

If you have been hurt on the job, don’t risk making a mistake, Contact an experienced DuPage County workers’ compensation attorney right away to protect your rights. Call the Law Offices of Frank J. Discipio at 630-574-2288 to schedule a consultation.

 

Source:

http://www.iwcc.il.gov/act.pdf

Back to Top Back to Top Back to Top