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

Archive for the ‘work 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 You Should Know About Exposure to Radiation in the Workplace

November 18th, 2020 at 12:34 pm

IL occupational illness lawyer, IL work injury attorney, exposure to radiation in the workplace lawsuit,Radiation is a form of energy that travels through space in waves. The sun, for example, produces massive amounts of radiation in the form of heat and light and upon which we rely for our very existence. Similarly, a microwave oven uses radiation to agitate water molecules in food, which, in turn, heats the food, leaving it perfectly safe to eat. Even the music you hear coming from the speakers in your car are being transmitted to your ear as radio waves—yet another form of radiation. Some kinds of radiation, however, are not quite so benign, and they have the power to cause injury and even death.

Every day, thousands of workers in hundreds of different jobs are exposed to various types of radiation in the course of their work. If you have been exposed to unsafe levels of radiation, and you have suffered illness or injury as a result, you may be entitled to collect workers’ compensation benefits.

Recognizing Harmful Forms of Radiation

When most people think of harmful radiation, they tend to think of “ionizing” radiation. Ionizing radiation is a type of radiation that carries enough energy to ionize atoms, which can destabilize molecules within the body’s cells and cause tissue damage. Beta particle radiation, x-rays, and gamma rays are particularly dangerous types of ionizing radiation.

“Non-ionizing” radiation, by comparison, is much less powerful than ionizing radiation, and the applications of non-ionizing radiation are generally considered to be much safer as well. Microwave, radio wave, very low frequency (VLF), and extremely low frequency (ELF) radiation are all non-ionizing forms of radiation. Long-term exposure, however, to non-ionizing radiation can lead to cumulative effects on the body—especially to the skin and eyes.

There are many different jobs in which exposure to radiation is common. These include but are not limited to:

  • Airplane pilots and flight crews
  • Radiologic technicians
  • Dental hygienists
  • Nurses
  • Surgeons
  • Security personnel using metal detectors or x-ray machines
  • Cell tower workers

Hazardous material removers

Radiation Poisoning Symptoms

Indications of radiation exposure or poisoning are not always immediate. In fact, only the most severe cases usually cause immediate symptoms. Usually, symptoms such as dizziness, nausea, weakness, vomiting, diarrhea, and other indicators are not evident until several hours or even days later. More serious symptoms, such as hair loss and bodily infections, may take even longer.

If you are concerned that you were exposed to harmful radiation at work, it is important to seek medical attention at the first signs of any radiation-related symptoms. In most cases, symptoms generally appear in two distinct phases. The first phase usually includes malaise, nausea, and vomiting, which may dissipate completely before the second phase of more serious symptoms develops.

Call a Chicago Workers’ Compensation Lawyer

Overexposure to radiation at work can lead to extremely serious problems, including cancer and death. If you have been exposed while on the job, it is important to seek guidance from an Illinois workers’ compensation attorney. At the Law Offices of Francis J. Discipio, we can help coordinate your medical care and get you the benefits to which you are entitled under the law. Call 630-574-2288 for a free consultation with a member of our team today.

 

Source:

https://www.osha.gov/radiation

Back to Top Back to Top Back to Top