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Archive for the ‘work comp’ tag

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

Does Workers’ Compensation Cover Pain and Suffering?

July 30th, 2015 at 3:42 pm

noneconomic damages, workers' compensation, Illinois Workers' Compensation AttorneyA work-related injury can be painful and physically debilitating. Adding to the trauma, you will likely have to take time off work to recover. Fortunately, workers’ compensation exists to help injured employees and their families avoid debt and maintain financial security. Those who are filing for workers’ compensation for the first time often have lots of questions and concerns. One of the most commonly cited concerns is whether or not workers’ compensation benefits cover non-economic damages such as pain and suffering.

A Basic Overview of Workers’ Comp Benefits

According to the Illinois Workers’ Compensation Commission, injured employees who file a successful claim can expect to receive a majority of their wages during their time off. Approved benefits will also cover medical expenses related to the accident.

It is critical that workers’ compensation applicants report the injury as soon as possible and file a claim immediately. Failing to report in a timely manner could jeopardize your ability to recover compensation.

Pain and Suffering for Injured Workers

There is no doubt that workplace injuries come with physical and emotional hardships. This is especially true if the employer’s negligence was responsible for the accident.

Although workers’ compensation covers medical bills and lost wages, receiving damages for “pain and suffering” is rare. However, your attorney may pursue non-economic damages if the injury resulted from willful neglect, or if an established third party was directly responsible for the accident. A successful claim for non-economic damages may require expert testimony and extensive evidence that your emotional distress was the result of a physical injury.

Chicago workers’ compensation lawyer Francis J. Discipio can evaluate your case to determine if pursuing pain and suffering damages is in your best interest. He has access to a network of medical professionals, as well as the knowledge and resources to find success in court. To schedule a consultation, call the Law Offices of Francis J. Discipio at 630-574-2288.

4 Potential Complications in Workers’ Compensation Cases

July 16th, 2015 at 1:26 pm

complications, workers' compensation, Illinois workers compensation attorneyNo matter what the profession, suffering an injury at work is never easy. Fortunately, workers’ compensation benefits provide countless injured employees with the means to support themselves and their families. However, if you plan to file for workers’ compensation, you should be aware of the factors that can complicate the process:

1. Failing to Report the Injury as Soon as Possible

Workers should never hesitate to report jobsite injuries. Notifying your manager immediately not only will prevent potential issues with your workers’ comp claim, but prompt health-care may also keep the injury from worsening.

According to the Workers’ Compensation Commission, filing a claim promptly can improve the likelihood of approval. As the employee, you should inform a manager or supervisor as soon as the incident happens. Also, make sure your employer has filed the necessary paperwork for your claim.

2. Failing to Report the Injury Properly

Timing is critical when it comes to filing for workers’ compensation, but there are other important details to consider. For example, failing to report pertinent facts related to the incident can cause serious complications.

3. Drugs and Alcohol

Although this is not an immediate reason to dismiss a workers’ comp case, the presence of drugs or alcohol in the victim’s system during the injury can seriously jeopardize his or her ability to receive compensation.  If this is a possibility, you may wish to speak with a workers’ compensation attorney about your options.

4. No Medical Justification for Aid

Depending on the nature of the injury, there might not be a justifiable cause for an employee to receive aid. In these cases, workers should discuss the situation with an attorney to find out if they may be eligible for benefits.

If you wish to speak with a Chicago workers’ compensation attorney who is ready to fight for your rights, contact the Law Offices of Francis J. Discipio at 630-574-2288 to schedule a free consultation.

 

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