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Archive for the ‘work injury’ tag

What Back Injuries Qualify for Worker’s Compensation

January 14th, 2020 at 9:31 am

IL workers comp lawyer, Illinois job injury attorneyMost people experience back pain at one time in their lives. At any given time, the American Chiropractic Association estimates that 31 million people are suffering from back pain. Despite this, not all pain is treated equally. Having a hard mattress or scoliosis will not likely result in a workers’ compensation settlement. It is when back pain is caused by a work-related serious injury, that a person can receive monetary benefits.

Workers’ compensation takes care of employees if they are injured and cannot work, or have sustained a permanent disease or illness because of work activities. All eligible employees have the right to apply for workers’ compensation after an injury, and all employers are required to have insurance for such occasions. When benefits are approved, a worker is entitled to financial compensation for lost wages and the cost of medical care associated with the injury.

Back injuries can vary, but there are many that a person can obtain while working. Either as a one-time incident or an injury that has developed over time, these conditions will often qualify an employee for workers’ compensation.

Repetitive Strain: For manual labor workers, a repetitive strain can occur from the overuse of muscles, cold temperatures, vibrating equipment, repetitive motion, and keeping the same position for a long time. A repetitive strain injury can happen anywhere, but general symptoms include loss of strength in the area, tingling, and pain of the affected tissues. There are two types of repetitive strain injuries. The first has to do with swelling and damage of the musculoskeletal, and the second is when nerves are damaged due to the strain.

Herniated Disk: Vertebrae are the bones of the spine, and in between each bone is a cartilaginous disk. These disks act as shock absorbers, but when they are displaced or damaged, they can cause severe pain. A herniated disk can be caused by lifting a heavy object or a traumatic injury to the spine. Surgery is sometimes necessary to fix a herniated or damaged disk. Otherwise, physical therapy and pain medication may be used first. A damaged spinal disk can affect other parts of the body depending on where the injury is and its severity.

Contact a Chicago Workers’ Compensation Attorney

Back injuries are serious, but unfortunately, workers’ compensation claims get denied all of the time. Sometimes insurance companies need more information before providing benefits, but if your claim is denied, contact an experienced Cook County workers’ compensation attorney today. Contact us at 630-574-2288 to arrange a free consultation today.

 

Sources:

https://www.acatoday.org/Patients/What-is-Chiropractic/Back-Pain-Facts-and-Statistics

https://www.medicalnewstoday.com/articles/176443.php

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

 

The Difference Between Workers’ Compensation and Personal Injury

July 15th, 2019 at 9:28 am

Workers’ compensationIL work injury lawyer, Illinois workers comp attorney and personal injury cases are similar in that an injury can be reimbursed with monetary value, but they are two different aspects of the law that require their own unique strategies. The truth is that personal injury rarely comes up when faced with an injury at work scenario. Instead, workers are protected by workers’ compensation.

Workers’ compensation covers missed wages and medical expenses when an employee is injured at work. Most employers are required to have a workers’ compensation insurance no matter the size of their business or how many employees they have. Instead of an employee suing the company they work for, or another employee, workers’ compensation resolves the issue rather than a personal injury lawsuit. However, there are exceptions to this. Certain workers have the right to file a personal injury lawsuit against their employers such as Navy service men or interstate railway workers. Another situation is if a third party involved in a work injury. They can be sued for personal injury, however, the employer still cannot.

The biggest differences between workers’ compensation and personal injury claims are fault, compensation, and consideration of pain and suffering.

In a personal injury accident, the fault of the incident plays a big factor in compensation. In order to win a personal injury case, the fault must be determined. If a drunk driver causes a car accident, then they are at fault for a person’s injuries because they were breaking the law and the accident likely would not have happened if they were sober. When a person is injured at work, the fault is not a factor that is considered when rewarding benefits. A worker could have caused their injury, and they still have the right to collect workers’ compensation benefits. The results would be the same if a co-worker caused the accident.

When a worker gets workers’ compensation benefits for a temporary disability, their medical bills, rehabilitation, and lost wages are covered. A person is compensated more if the injury results in a permanent disability that prevents returning the workforce. A personal injury lawsuit can end in these results as well, but also have the opportunity to win property and lost potential earning damages.

As part of not being able to due to personal injury, an employer cannot sue for pain and suffering caused by a work accident. The benefits given will instead reflect the severity of the injury. For example, more benefits will be given to a person whose leg is amputated versus a broken leg. In a personal injury lawsuit, pain and suffering can be considered when seeking damages in a lawsuit.

Contact a Chicago Workers’ Compensation Attorney

While you cannot sue for personal injury from your employer in most cases, you still deserve appropriate workers’ compensation benefits. If your employer is uncooperative after an injury at work, contact an experienced Cook County workers’ compensation attorney today to have a lawyer advocate on your behalf. Contact us at 630-574-2288 to arrange a free consultation today.

 

Sources:

https://www2.illinois.gov/sites/iwcc/Pages/default.aspx

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

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