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Archive for the ‘work injury’ tag

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

Informing Your Employer About an Accident at Work

June 28th, 2019 at 5:50 pm

IL workers comp attorney, IL job injury lawyerAfter having an accident at work, you may be nervous to tell your employer. Maybe there is a reputation at your workplace that your company does not take workers’ compensation claims seriously, or employers have been threatened for bringing it up. The truth is that filing workers’ compensation benefits is your right.

Workers’ compensation exists to protect employees after getting injured at work. In the case of an employee temporarily or permanently unable to return to work, workers’ compensation provides financial support to make up for the missed wages. It also may take care of medical bills associated with the work injury. The more severe the injury that prevents working, the higher the payout from your employer’s workers’ compensation insurance.

A person who was injured at work has 45 days to report the injury to their employer. Failing to do so risks your ability to collect workers’ compensation benefits. You may be responsible for the cost of your medical expenses and time needed away from work. A person may delay reporting their injury out of fear or ignorance of their ability to report the injury. Any injuries should be reported to an employer as soon as possible to prevent delays in receiving workers’ compensation benefits.

When reporting an injury to an employer, be mindful of any company policies held by your company. In Illinois, an employee can alert their employer in person or in writing, but your company may require a written statement. Having a written that is dated is in your favor. However, if you do choose to only discuss the accident orally, be sure to keep a record of the exact day and time the conversation took place, and who you spoke to.

Notifying your employer of an injury is the first step in filing a workers’ compensation claim. Upon the discussion, an employer should provide forms to file the claim. After the employer fills out their designed part of the form, they file it with their workers’ compensation insurance company. Just because you file for workers’ compensation, does not mean that it will be automatically granted. However, you have the right to file, the right to fight the decision, and the right to legal representation during the process.

Contact a Chicago Workers’ Compensation Attorney

Obtaining an injury at work can be a life-altering experience that affects you and your family. If your workers’ compensation claim has been denied, contact an experienced Cook County workers’ compensation attorney to protect your rights.  Contact us at 630-574-2288 to arrange a free consultation.

 

Source:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2430

Understanding an Employer’s Responsibility (and Your Rights) After a Workplace Injury Has Occurred

December 18th, 2018 at 8:06 am

Chicago workers' compensation attorneysEach year, an estimated 4,500,000 work-related injuries occur in the United States. Injuries related to overexertion, contact with an object or equipment, and slips, trips, and falls are the ones that most often keep workers from returning to their jobs, which typically results in a loss of income for the employee. Such injuries allow employees to seek compensation for their injuries through their employer’s workers’ compensation insurance, but the denial rate is exceptionally high. Thankfully, when workers understand their rights, as well as the responsibilities of their employer, the chances of a denied claim can be reduced. Learn more in the following sections. 

5 Industries with the Most Missed Work Days from Job-Related Injuries 

Debilitating work injuries can occur in any field, industry, or setting, but statistics show that there are five industries in which employees regularly suffer injuries that result in the most missed time at work. These include the:

  • Service industry (firefighters, police, etc.);
  • Transportation and shipping industries;
  • Manufacturing and production industries;
  • Installation, maintenance, and repair industries; and
  • Construction industry.

Workers’ Compensation Insurance is Your Employer’s Responsibility

Although there are a few exceptions to the rule, most Illinois employers are required to carry workers’ compensation to cover their employees, should an accident or injury occur. Sadly, not all companies comply. If this happens to you, it may still be possible to seek compensation after an injury. Just be sure to reach out to a seasoned work injury lawyer, as this process usually requires even more effort, knowledge, and diligence than a regular workers’ compensation claim. 

Your Rights During a Workers’ Compensation Claim

Americans assume that the workers’ compensation program was developed by workers, to ensure they are protected from substantial and irrevocable loss, caused by an injury sustained on the job. However, this is not exactly true. Employers, who frequently found themselves in court for severe work-related injuries (such as black lung, death, and other tragedies). Many began to suffer financially. Realizing that they could not get out of paying for an employee’s injuries, they came up with a way to contain the cost of work-related injuries – workers’ compensation. 

What all this really means is that the workers’ compensation system is really set up to protect employers, not the workers who are injured. Still, injured employees do have certain rights, including the right to: 

  • File a claim for any injuries or illnesses related to your job;
  • See a doctor and receive treatment;
  • Return to work if your physician clears you;
  • Not fear retaliation from your employer if you do file a claim;
  • Appeal a decision made by your employer, the insurance company, or the courts; and
  • Be represented by an attorney throughout the entire claim process.

Contact Our Chicago Work Injury Lawyer

If you or someone you love has suffered a workplace injury, and you are unable to return to work, contact the Law Offices of Francis J. Discipio. Seasoned and experienced, our Cook County work injury attorneys  can assist and protect your rights throughout every step of the claim process. Call 630-574-2288 and schedule a free consultation with our offices today.

Sources:

https://www.nsc.org/work-safety/tools-resources/infographics/workplace-injuries

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2430&ChapAct=820â€%C2%A0ILCSâ€%C2%A0305/&ChapterID=68&ChapterName=EMPLOYMENT&ActName=Workers%27+Compensation+Act.

 

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