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Archive for the ‘workers’ compensation claim’ tag

Workers’ Comp vs. Personal Injury Claims After an On-the-Job Car Crash

September 16th, 2020 at 10:06 am

crashMany employees, including truck drivers and other delivery drivers, are required to operate a vehicle as a major component of their work. With so much time spent on the road, these employees can be at a greater risk of injury in a car accident. If you have been injured in an accident on the job, you may be unsure of your options for pursuing compensation. The good news is that compensation may be available through both workers’ compensation and a personal injury claim, and your attorney can advise you as to when each is possible.

Obtaining Recovery Through Workers’ Compensation

In Illinois, most employers are required to have a workers’ compensation policy that covers expenses for employees who are injured in the course of their work, regardless of who is at fault. For professional vehicle operators, this means that even if you have been injured in a single-vehicle accident or an accident you caused while driving for work, you may still be entitled to workers’ compensation benefits from your employer. Workers’ compensation can also cover damages from an accident caused by a third-party driver, or work injuries unrelated to driving, such as repetitive stress injuries from the loading of heavy cargo.

Pursuing Additional Compensation Through a Personal Injury Claim

For any injury sustained on the job, workers’ compensation can cover most damages including medical bills, two-thirds of lost wages, disability, and scarring and disfigurement. However, if your accident was the fault of another driver or a third party and you have suffered severe injuries, you may wish to pursue further compensation through a personal injury lawsuit. Holding the other party accountable can result in a settlement or court ruling awarding you compensation for additional lost income, as well as pain and suffering damages from physical and mental distress, loss of companionship, and loss of enjoyment of life.

Regardless of who is at fault for your work-related vehicle accident, you should consider hiring an attorney as soon as possible who can help you document your injuries, treatment, and expenses in order to file a claim for the most possible compensation. If you plan to file a personal injury lawsuit, your attorney can also help you gather evidence to demonstrate the other party’s negligence and liability.

Contact a Cook County Workers’ Compensation Attorney

At the Law Offices of Francis J. Discipio, our attorneys have experience with both workers’ compensation and personal injury claims, and we understand the processes and strategies that can lead to fair compensation for our clients as efficiently as possible. We can help you identify all parties from which you can seek compensation to assist with your recovery. Contact a Chicago worker’s compensation lawyer today to schedule a free consultation.

 

Source:

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

What Rights Do I Have after an Accident at Work?

August 15th, 2019 at 9:22 am

IL workers comp attorney, Illinois job injury lawyerGetting hurt in any instance can be a tough time for anyone. However, getting injured from an accident at work comes with benefits opposed to obtaining an injury at home or a public place. Unless you are able to file a personal injury claim in one of these cases, there is no protection from the inability to work after an accident. When you are injured at work, there are workers’ compensation laws in place to ensure lost wages and medical bills are covered in the event of an accident.

What Is Workers’ Compensation? 

Workers’ compensation is insurance required by most employers in the state of Illinois. It covers any misfortune an employee faces if they are injured while on the job. If you are unable to return to work, workers’ compensation will provide assistance for lost wages and any medical bills occurred because of the workplace injury.

It is your legal right to file for workers’ compensation after an injury at work. Although the right to file does not guarantee a payout or compensation, your employer cannot swindle you into not filing or threaten your employment. The first step is to notify your employer about the accident, and they will be the one to file for workers’ compensation on your behalf. This must be done as soon as possible, or delaying notifying your employer may affect your eligibility for workers’ compensation benefits.

After getting injured at work, you also have the right to seek medical help. Seeing a doctor after an injury will improve your case when filing for workers’ compensation. The doctor will be able to report on the severity of the injury and whether you can return to work. Like notifying your employer, it is best to seek medical attention as soon as possible. Delaying seeing a doctor after a workplace injury risks your employer’s insurance company from claiming the injuries presented are unrelated to the claim.

During the entire workers’ compensation process, you have the right to be represented by an attorney. A lawyer will be able to guide you through the process after filing for workers’ compensation and will be able to advocate on your behalf if your rights are being denied.

Contact a Cook County Workers’ Compensation Attorney

There are many obstacles an employee can face after being injured at work. If an employer stands in the way of your right to file for benefits, or if you believe your claim was denied for the wrong reasons, contact an experienced Chicago workers’ compensation attorney to discuss your case. Contact us at 630-574-2288 to arrange a free consultation today.

 

Source:

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

 

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

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