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Archive for the ‘workplace injury’ tag

Can I Get Workers’ Compensation for Disfigurement From an Injury?

February 21st, 2019 at 10:34 am

Cook County workers' compensation attorney scarring disfigurementIf you are involved in an accident at work, particularly if you work in the manufacturing or construction industries, the results of your injuries may lead to permanent disfigurement or scarring. While the accident may not have taken your life, it can lead to costly rehabilitation and have a significant impact on you for years to come. A visible scar or any kind of disfigurement is emotionally traumatizing. You may be able to go back to work, but your day to day life will never be the same.

What Is Considered Disfigurement?

The Illinois Supreme Court determined that disfigurement is defined as an impairment of appearance that is unusual. It can affect the beauty of a person or the symmetry of their face or body.

If your disfigurement is from the result of an incident at work, you may be eligible for additional workers’ compensation. According to 820 ILCS 305/8, for a disfigurement to be eligible for workers’ compensation, it must be permanent, severe, and located on a reasonably visual part of your body, such as the face, neck, head, hand, arm, cheek, or leg below the knee. Disfigurement to the rest of your body may not be eligible for additional compensation. If an accident caused the loss of an arm or leg, you can not claim both disability and disfigurement benefits for the same body part.

The amount paid out will depend on the severity and location of the disfigurement. For example, a scar on your face is worth more than a scar on your arm or shin. Raised scars or other textured disfigurements are also worth more. A disfigurement to the face, when compared to a permanent superficial injury to a limb, can cause emotional trauma, depending on the severity of the injury. Whether or not the disfigurement interferes with daily tasks is also considered. A person with third or fourth degree burns on their hand may have difficulty using their hand normally.

The benefit rate for non-fatal injuries such as disfigurement is the same as for permanent partial disability benefits. Subject to the minimum and maximum recorded payouts for similar injuries or scenarios, the payout is 60% of a worker’s weekly paycheck. The maximum amount of time an employee can receive payout due to a disfigurement is 162 weeks.

Contact a Chicago Workers’ Compensation Attorney

Getting an injury at work that stays with you forever can be difficult to deal with, and it will serve as a permanent reminder of the pain you have suffered. Even if you are eventually able to return to work normally, you deserve compensation for costs of medical treatment and the emotional toll of your injury. Contact a Cook County workers’ comp lawyer to see if your case is eligible for compensation. Call our office at 630-574-2288 to schedule a free consultation.

Source:

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

What Injuries Do Not Qualify For Workers’ Compensation?

January 31st, 2019 at 12:11 pm

Illinois workers' compensation lawyer ineligible work injuriesEvery employer in the United States is required to have workers’ compensation insurance, no matter how small the business is or how many people it employs. If an employee is injured because of a situation that happened at, or because of, work, this insurance provides them with medical care and compensation for lost wages. Every employee has the right to these benefits, but sometimes a claim will be denied because:

  • It does not meet the requirements to be a workers compensation claim.
  • The injury was not work-related.
  • The claim was filed post-employment.
  • The deadline for reporting the incident was missed.

According to the Illinois State Compensation Commission, there are approximately 200,000 work-related injuries in the state each year. However, only about a fourth of the people injured file a claim. In serious cases, an employee whos claim in denied can make appeals all the way up to the Supreme Court, but only a handful of workers’ compensation cases each year make it to that level. The majority of cases are settled by an Arbitrator.

When considering filing a workers’ compensation claim, it may be helpful to know what types of injuries are not covered:

  • Injuries Not Related to Work – If you get injured on your lunch break outside of the office or get into a car accident on your way to or from work, you are most likely not eligible for a workers’ compensation claim. However, if you were outside the office doing part of your job, such as a sales call, you will be covered in the case of a car accident or other incident that prevents you from returning to work regularly.
  • Minor Injuries – A good rule of thumb for workers’ compensation is: if the injury can be resolved by a first aid kit, there is no case. Of course, bumps, bruises, and small lacerations can be painful and cause some difficulty, but they most likely do not require professional medical attention or more than three days away from work.
  • Accidents Under the Influence – Getting a drink with your favorite co-workers can be hard to resist, but if you return to work and get into a serious accident, you will likely not be eligible for workers’ compensation. An injury that would not have occurred if not for the influence of drugs or alcohol will not be covered.

Contact a Chicago Workers’ Comp Lawyer

If you are unsure about whether you have a workers’ compensation case, or if your claim has been denied, contact an experienced Cook County workers’ compensation attorney for legal help with your claim. Call our office at 630-574-2288 to schedule a free consultation.

Sources:

https://www2.illinois.gov/sites/iwcc/Documents/2016AnnualReport.pdf

Slip and Fall Injuries on the Job – What Injured Workers Need to Know

October 11th, 2018 at 9:45 am

Illinois workplace injury attorneysSlips, trips, and falls are some of the leading causes of injuries in the workplace. In fact, statistics indicate that they are the leading cause of workers’ compensation claims, and they represent the primary reason for missed days at work. So what can you do if you are injured on the job after a slip, trip, or fall? The following information explains, and it provides important details on how a seasoned workers’ compensation lawyer can help improve your chances of receiving a full and fair payout on your work injury claim. 

Workplace Slip and Fall Injury Statistics

Some workers are able to return to work shortly after their injury, but around 22 percent of all workers injured by a slip, trip, or fall end up missing at least 30 days or work. During that time, their household bills may go unpaid, and they may struggle to support their families. For an estimated 600 families, the effect of a workplace slip, trip, or fall is permanent, as their loved one ends up dying from injuries associated with a slip, trip, or fall in the workplace. These numbers all contribute to the estimated $70 billion that is paid out each year in compensation and medical-related costs for workplace slip, trip, and fall injuries. 

Why Seek Legal Assistance with a Workers’ Compensation Claim? 

Insurance companies are in the business of making money, not paying it out. When one adds in the sheer number of claims that are processed by the insurance companies each year, it is no wonder why so many are denied for things like a pre-existing condition or an injury that allegedly occurred outside of the workplace. Denials are not ironclad, however. In fact, an attorney can help reduce the risk of an initial denial. A skilled workers’ compensation lawyer can also increase the chances of a favorable outcome if the claim is denied and must be appealed. Payouts may also be higher for those who obtain legal assistance during the claims process. Lastly, a lawyer can help to determine if an injured worker is eligible for compensation outside of their workers’ compensation claim, such as through a third-party lawsuit. 

Contact Our Cook County Workers’ Compensation Lawyer

If you have been injured on the job, contact the Law Offices of Francis J. Discipio for assistance. Our Chicago workers’ compensation attorney will protect your interests, right from the very start of your claim. Schedule a free consultation to get started. Call 630-574-2288 today. 

Sources:

https://nfsi.org/nfsi-research/quick-facts/

https://secure.fldfs.com/wcapps/claims_research/Stats_Results.asp

 

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