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Archive for the ‘workers compensation’ tag

Workers’ Compensation and Suing Your Employer

November 30th, 2020 at 11:16 pm

IL work injury lawyer, IL workers comp attorneyIn an average year, around 3 million people suffer injuries in the course of doing their jobs across the country. These injuries cost companies tens of billions of dollars, including both lost productivity and the costs of treating the workers’ injuries. In Illinois, as in all other states, a workers’ compensation program was developed to help injured employees by providing benefits to cover medical expenses, retraining costs, and even a percentage of the wages lost due to their injuries. While workers’ compensation is available in most cases in which the injured worker is an employee, many people are often curious if they can sue their employer in pursuit of additional compensation.

Workers’ Compensation and Fault

According to the Illinois Workers’ Compensation Commission, the state’s work comp program is entirely a no-fault system that is intended to protect injured employees. The program’s benefits are usually payable regardless of who caused the injury or whether negligence was a factor. In fact, an employee could even collect workers’ comp benefits if he or she caused his or her own injuries through carelessness. If injured workers had to prove that their injuries were caused by negligence by their employers or any other parties, the state’s work comp program would pay on far fewer claims, leading to thousands of injured employees with no income and no recourse.

For example, if you were at work and performing a task on a ladder—a ladder that was maintained properly and in proper working condition—and you turned to reach something above your head, could you accuse your employer of being negligent if you fell? Under the workers’ compensation program in Illinois, the answer to that question is of no consequence. Workers’ comp benefits would likely be available for your injuries.

Express Limits on Suing Your Employer

The Illinois Workers’ Compensation Act is the law the primarily governs the workers’ compensation program in the state. This law explicitly states that a person who subject to the law and eligible to claim work comp benefits does not have any “common law or statutory right” to file a lawsuit against his or her employer for losses caused by the injury. There are some exceptions to this law, but they are very limited. For example, if you were physically attacked by your employer, for example, you would be entitled to sue your employer. You might also be able to sue if your employee intentionally engages in conduct that is highly likely to cause serious injury or death to workers, but such cases are exceedingly rare. Generally, if you are hurt on the job, you do not have the option of suing your employer.

An Illinois Workers’ Compensation Lawyer Can Help

If you have suffered an injury in the course of doing your job and you have questions about collecting workers’ comp benefits, contact a Chicago workers’ compensation benefits attorney to get the answers you need. Call 630-574-2288 for a free consultation at the Law Offices of Francis J. Discipio today. We have the experience and resources to help you get the resources you need to start putting your life back together.

 

Sources:

https://www.bls.gov/news.release/pdf/osh.pdf

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

https://www2.illinois.gov/sites/iwcc/resources/Pages/faq.aspx

How Do Construction Accidents Happen?

April 19th, 2019 at 11:44 am

Cook County construction worker injury lawyerWhen compared to other occupations, construction workers have a high rate of work-related injuries. These jobs are often physically demanding, and they involve many variables that can lead to fatal accidents or injuries. According to the United States Department of Labor, there were 4,674 work-related fatalities in 2017, and 20% of those deaths occurred in construction accidents.

There are two circumstances in which a construction worker may be able to file a workers’ compensation claim. The first would be for an injury caused by repetition or an occupational hazard – something that was not necessarily the result of a specific instance, but the career as a whole. If a person’s job includes doing the same motions or breathing a hazardous chemical for years, the result may be damage that prevents the employee from continuing their career.

The second type of claim involves cases in which a worker is injured or dies as the result of an accident that took place while they were working. Whether the accident is the employee’s fault or not, they will be eligible for workers’ compensation benefits in most cases.

There are three main types of construction accidents that lead to workers’ compensation claims:

  • Falls – The United States Department of Labor reported that 39.2% of all construction accidents that resulted in death were caused by a fall. Construction workers often do their jobs from high surfaces or structures, and falls from higher than six feet can lead to fatal injuries. Falls can happen because of structural defects, holes or openings in floors or walls, or poorly maintained ladders or scaffolding.
  • Being Struck By an Object – A piece of equipment or material can strike a construction worker suddenly. When an object itself causes an injury, it is considered a struck by object injury. This can include being injured by a construction vehicle, material flying through the air, or material being moved. These injuries can cause brain trauma or even kill the worker on the spot.
  • Electrocutions – Construction workers often do their jobs near live wires, which can lead to electrocution if the proper precautions are not taken. A person can also be electrocuted by fallen power lines or faulty equipment. Electrocutions account for 8.9% percent of fatal construction accidents.

Contact a Chicago Construction Accident Attorney

No matter who is at fault for your construction accident, your medical treatment should be paid for, and if you can no longer work due to an injury, you deserve to receive disability benefits from your company’s workers’ compensation insurance. An experienced Cook County workers’ compensation attorney will make sure you get the compensation you deserve. Contact us at 630-574-2288 to arrange a free consultation.

Sources:

https://www.osha.gov/oshstats/commonstats.html

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

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