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Archive for the ‘workers’ comp’ tag

Can I Receive Workers’ Compensation for a Back or Neck Injury?

April 3rd, 2019 at 2:01 pm

Illinois workers' compensation lawyer back neck injuryBack or neck pain is a common problem that many people deal with, and if this condition results from back and neck injuries that occur in the workplace, a person may be eligible to receive workers’ compensation. Despite neck and back injuries being so common, they are often overlooked by employees, and workers’ comp claims related to these injuries are often denied by insurance companies.

When Is Workers’ Compensation Available for Back Injuries?

The majority of employers are required by law to have workers’ compensation insurance. This acts as a safety net for workers in the event that they are injured from a work-related incident. An employee injured while at work or in the course of their employment is eligible to receive compensation for medical care and/or disability benefits for missed work.

Back injuries often occur as a type of repetitive strain injury that can become life altering if left untreated. When filing a claim, it is important to show a record of your health concerns leading up to the point where the injuries affected your ability to work. Untreated injuries from repetitive twisting or lifting can lead to herniated disks, pinched nerves, or disintegration of cartilage and bone.

If you develop an injury over the course of your employment, workers’ compensation should cover the costs of medical treatment. It may be time to visit your doctor with concerns about your back or neck problems if you experience:

  • Persistent aches or stiffness
  • Sharp pain in the lower back
  • Pain that extends down the back of your legs
  • Muscle spasms

In a case involving the sudden onset of a back injury, it is important to seek medical attention immediately. A doctor will be able to make an official record of how your injury occurred, which will allow you to receive the workers’ comp benefits you deserve.

Physical therapy is one type of treatment that is commonly prescribed for a work-related back or neck injury, and it can be essential in recovering from injuries and allowing an employee to return to work. However, the insurance company may refuse to pay for physical therapy, or it may not cover the treatment your doctor ordered. In these cases, a workers’ compensation attorney can assist with securing the benefits you need.

Contact a Cook County Workers’ Compensation Attorney

Do not let your employer’s insurance company discredit your back or neck injury and prevent you from receiving the care you deserve. Contact an experienced Chicago workers’ comp lawyer to ensure that your medical costs are covered and that you receive the disability benefits you need. Contact us at 630-574-2288 to arrange a free consultation.

Sources:

https://www.webmd.com/back-pain/what-helps-with-lower-back-pain#1

https://www.webmd.com/back-pain/understanding-back-pain-symptoms

7 Safety Tips for Employees Who Handle Drywall

September 19th, 2018 at 4:27 pm

Handling drywall can lead to life-changing injuries and evenCook County workers' compensation attorney death for employees. If you are a carpenter, installer, or other type of worker who has to work with drywall, there are certain tips you should follow to reduce your risk of injury and a workers’ compensation claim. Here are seven safety tips for employees who handle drywall:

1. Determine the Weight of the Drywall

You should avoid handling drywall until you are aware of the weight of the sheet. Once you know its weight, you can make sure you have enough employees to help you complete the job. Drywall sheets may weigh anywhere between 55 to 120 pounds, so knowing the weight in advance can make it safer for you to transport and position the drywall.

2. Ask for Help When Lifting Heavy Sheets

Be sure to ask another employee to help you out any time you have to lift heavy and large drywall sheets. In addition, lift one layer at a time rather than trying to lift multiple sheets at the same time.

3. Try to Avoid Transporting Drywall

If possible, avoid having to transport the drywall. Ideally, the drywall sheets will be delivered directly to the site of installation. In the event this is not possible, use forklifts, dollies, or trucks to transport the drywall sheets safely to the installation site.

4. Be Careful with Vertical Pieces

Hanging vertical pieces of drywall can be particularly dangerous. When you are hanging them, lift the sheet, shift grips to opposite sides of the sheet, and rotate into an upright position.

5. Do Not Install Drywall By Hand

One of the most common reasons drywall accidents occur is because workers use their hands during the installation process. You should avoid using your hands and allow a drywall lift or drywall jacks to assist you.

6. Complete a Training Program

Handling drywall is no easy feat. Therefore, you should refrain from working with it until your employer has trained you on how to do so safely. Understanding the right installation and lifting techniques can significantly reduce your risk of an injury.

7. Take Breaks and Hydrate

In order to prevent overexertion, be sure to take frequent breaks from your drywall projects. You should also stay hydrated and try to rotate your tasks.

Contact Our Cook County Workers’ Compensation Lawyers

If you get hurt on the job while handling drywall, you should reach out to our highly skilled Chicago workers’ compensation attorneys. We can explain your legal options and help you file a workers’ compensation claim. Call our offices today at 630-574-2288. We offer free consultations to workers who have been hurt on the job.

Sources:

http://www.safetyandhealthmagazine.com/articles/9670-handling-drywall-safely

Employee or Independent Contractor?

February 12th, 2016 at 4:19 pm

employee, contractor, Illinois workers compensation attorneyThe Illinois Workers’ Compensation Act covers only employees. Under Illinois law, there are two categories of workers, employees and independent contractors, and in some cases, an employer may tell suggest or imply to you that you are an independent contractor. This would mean that certain employment laws do not cover you, including workers’ compensation. But, employers are not always correct when deciding who is and who isn’t an employee.

Right of Control

The primary criteria that courts use to determine if you are an employee is the right of control test. The more control your employer has over your work, the more likely you are an employee, and not an independent contractor.

Independent contractors traditionally use their own tools and the employer only controls the result, not the way the worker goes about completing the job. Employees are provided specific direction regarding the time, place, and manner of the work. Employees usually do not use their own tools. For example, if you are required to dress in a uniform or the employer regulates your breaks, you are most likely an employee.

How You Are Paid

Another factor to consider is how the employer compensates you. Employees typically have an hourly rate or a set salary. Payment is made on a regular basis, typically, weekly, bi-weekly, or monthly.

Independent contractors are more likely to be paid based on an agreed-upon sum for the job, or on an hourly rate. Independent contractors invoice for the amount due to them on a monthly or weekly basis.

If you punch a clock, are paid based on an hourly rate, and are not required to invoice the employer, you are most likely an employee.

Why It Matters

The distinction between being an employee and an independent contractor is important for many reasons. Under workers’ compensation laws the employer does not have to pay workers’ compensation insurance for independent contractors. If you are an independent contractor and are hurt on the job, you cannot collect workers’ compensation from the employer’s insurer. It is up to you to have your own disability insurance policy.

Employees are required to be covered by workers’ compensation insurance. If an employee is hurt on the job, his or her medical bills can be taken care and missed pay can be at least partially compensated.

If you have been injured while performing your job, you need to speak with an experienced and knowledgeable Cook 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. You may only have a short time to take action.

 

Source:

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

 

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