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

Archive for the ‘workers’ compensation benefits’ tag

Can Independent Contractors Receive Workers’ Compensation Benefits in Illinois?

April 29th, 2021 at 12:54 pm

contractorEven though all employers are required to carry workers’ compensation insurance, not all those who work for that employer are covered. Technically, only true employees are eligible for coverage under workers’ compensation, but many companies also employ a variety of other workers, such as independent contractors. However, independent contractors are not eligible to receive benefits through workers’ compensation, even if they are injured while working. Some work injuries can be serious and require extensive medical care and time off from work, placing unnecessary stress on you and your family. If you have been injured as an independent contractor and your employer has stated that you are ineligible for workers’ compensation benefits, an Illinois attorney can help.

Employee Misclassification is Common

Even though both independent contractors and employees work for an employer, there are differences in their employment status and benefits. Though there are federal laws to distinguish an employee from an independent contractor, the Illinois Workers’ Compensation Commission considers all workers to have an employment relationship with their employer unless otherwise stated. Misclassifying workers is a common reason why a workers’ compensation claim can be denied by your employer. Misclassifying workers allows employers to avoid paying payroll and unemployment taxes on that worker’s earnings, but it also means the employer can face penalties if they willfully misclassify an employee.

Am I an Employee or an Independent Contractor?

The criteria that the Workers’ Compensation Commission uses to determine whether a worker is an employee or an independent contractor is slightly different than the criteria that the federal government uses. According to the Commission, a person is not an independent contractor unless that person:

  • Has and will continue to be free from the employer’s control over their performance of their services;
  • Provides a service either outside of the usual type of business or services the company provides or that service is performed outside of of the company’s locations; and
  • Has an independently established trade, occupation, business, or profession.

Contact a Cook County Workers’ Compensation Attorney

For the average family, being injured at work and being denied workers’ compensation benefits could cause extreme financial stress. It is important that your employer correctly classifies your employment status, but they do not always do this. If you have been injured at work and you are unsure of whether or not you qualify for benefits, you should speak with a skilled Chicago, IL workers’ compensation lawyer. At the Law Offices of Francis J. Discipio, we can help you determine whether or not you are entitled to workers’ compensation benefits and your options for recovering that compensation. To schedule a free consultation, call our office today at 630-574-2288.

 

Sources:

https://www2.illinois.gov/idol/Employees/Pages/Employer-Misclassification-of-Workers.aspx

https://www2.illinois.gov/sites/iwcc/about/Pages/insurance.aspx

 

How Does COVID-19 Affect Illinois Workers’ Compensation Claims?

February 26th, 2021 at 7:53 pm

IL injury attorney, Illinois workers comp lawyer, The year 2020 will always be remembered for the COVID-19 global pandemic. Government and health officials issued executive orders limiting gatherings, requiring masks to be worn, and enforcing social distancing in public places. In addition, many non-essential businesses such as bars, restaurants, movie theaters, salons, and casinos were closed to keep people safe and healthy. However, some employees were allowed to work remotely from home. Despite state and local efforts to stop it, the highly contagious virus spread throughout the country, resulting in approximately 500,000 deaths. An effective and safe COVID-19 vaccine was recently approved, which is a critical component in reducing coronavirus-related hospitalizations and deaths. With many workers returning to office buildings now, employees may be required to get vaccinated before returning to work. It is important to understand how COVID-19 and vaccine-related illnesses impact workers’ compensation claims.

Phase IB

In January, Phase 1B began in Illinois, allowing frontline essential workers and residents 65 and older to get the vaccine. Frontline workers include those who carry a higher risk of COVID-19 exposure because of their work duties, often because they are unable to work from home, or they have to socially distance in order to perform their job duties. This includes first responders and healthcare workers, as well as those in the following fields and industries: K-12 education, food and agriculture, manufacturing, corrections officers and inmates, postal, public transit, grocery stores, and daycare centers.

House Bill 2455

Legislation signed into law provides worker compensation benefits for those essential workers who contract COVID-19 while on the job under specific conditions. Governor J.B. Pritzker signed H.B. 2455 into law, which provides death benefits for first responders who were infected with COVID-19 on duty and also revises state code to expand unemployment benefits and enhance sick pay and leave for workers who contract the virus. However, under the bill, employers can refute claims under certain conditions:

  • An employer can show that the company was adhering to public health guidelines for 14 days prior to when the employee claims they contracted the virus.
  • The employer can prove that the worker was exposed by a source outside of the company.
  • The employee was working remotely from home for a minimum of 14 days before filing the claim.

Call a Chicago Workers’ Comp Attorney

The coronavirus pandemic has impacted our daily lives in many ways. With a vaccine being distributed now, Illinois employees may be wondering if COVID-related illness is covered by workers’ compensation benefits. At the Law Offices of Francis J. Discipio, our reputable Cook County workplace injury lawyers are well-versed in workers’ comp laws, including new legislation regarding the virus. To schedule a free consultation, call us today at 630-574-2288.

 

Sources:

https://coronavirus.illinois.gov/s/phase-1b

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

Treatments for Work-Related Post-Traumatic Stress Disorder

January 28th, 2021 at 10:03 am

IL workers comp lawyer, IL PTSD attorney Certain jobs can carry significant risks compared to other occupations. For example, police officers, firefighters, and paramedics can be exposed to dangerous conditions on a regular basis. Much of their work involves dealing with extreme situations, such as a car accident, explosion, or othe types of catastrophic events. While performing the duties of their jobs, these workers can sustain physical injuries such as gunshot wounds, burns, or broken bones. In addition, they can suffer mental and emotional scars, too. Post-traumatic stress disorder (PTSD) is a condition that is triggered by experiencing or witnessing a frightening event. Symptoms may include flashbacks, nightmares and anxiety, and more. Filing a workers’ compensation claim may alleviate some of the financial hardship if a person is unable to work because of work-related post-traumatic stress disorder.

Mental Health Rehabilitation

Although any traumatic event can trigger feelings of anxiety, fear, or depression, many times these symptoms go away after a period of time. However, when they last a long time and hinder someone from performing their job or normal activities, he or she may be diagnosed with PTSD. Obtaining the appropriate treatment after PTSD symptoms surface can be crucial to reduce the severity of them and any long-lasting effects on a person’s mental state. The goal is to change any disruptive thought patterns. This might occur through talking about the trauma or concentrating on where the fears actually come from.

Some of the common way to treat PTSD patients include the following cognitive-behavioral therapies:

  • Group, family, or individual therapy: Talking one-on-one with a professional such as a psychiatrist or psychologist who is a neutral party can help deal with your emotions.
  • Cognitive processing therapy: Talking about the traumatic event with a therapist and writing down details about the incident can help the victim process what happened.
  • Prolonged exposure therapy: Learning breathing techniques to alleviate anxiety, and confronting things you may have been avoiding.
  • Eye movement desensitization and reprocessing: Concentrating on movement made by a therapist such as a hand waving, flashing a light, or a sound while thinking about something positive while you remember your trauma.
  • Stress inoculation training: Focusing on changing how to deal with the stress from the event, including massage and breathing techniques and other ways to stop negative thoughts through relaxation.

Under the Illinois workers compensation law, any disability caused by PTSD that is work-related should be covered by workers’ compensation benefits. However, workers’ comp insurance companies often deny claims for PTSD. That is why you need an experienced attorney to fight for your rights so you can receive the compensation you need and deserve in order to recover and move on with your life.

Call an Illinois Workers’ Compensation Attorney

Injuries from a work accident can include post-traumatic stress disorder, which can impact a person’s ability to function and return to work. If you or your loved one is suffering from PTSD, it is important to seek medical attention for this debilitating condition. In addition, you may be wondering what your options are regarding compensation. A qualified Chicago workers’ compensation lawyer at the Law Offices of Francis J. Discipio can help you. We understand the physical, emotional, and financial toll that a workplace injury can have on an employee as well as his or her family. Call us today at 630-574-2288 to request a free consultation and learn more.

 

Sources:

https://www.mayoclinic.org/diseases-conditions/post-traumatic-stress-disorder/symptoms-causes/syc-20355967

https://www.webmd.com/mental-health/what-are-treatments-for-posttraumatic-stress-disorder#1

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=082003050K8

https://www2.illinois.gov/sites/iwcc/about/Pages/insurance.aspx

 

Back to Top Back to Top Back to Top