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Category Archives: Workers' Compensation

kane county workers comp lawyerWorkplace accidents can be permanently life-altering. Some victims are able to recover enough to return to work in some capacity. Others must change career paths to accommodate their change in physical ability. There are some, however, who are never able to return to work. People who have suffered a severe and disabling injury in the workplace may be able to receive permanent total disability through Workers’ Compensation. Obtaining this level of compensation is not always easy from a practical standpoint. These claims can be worth quite a lot, and employers are rarely willing to pay out without a fight. It often takes the skill and experience of a trained attorney to help establish that a disabled worker is entitled to this type of compensation. 

Qualifying for Permanent Total Disability

To receive permanent total disability, you will need to not only prove the cause of your injuries but also show that you are no longer able to work and support yourself as you could before. The following types of injuries could suggest permanent and complete disability: 

  • Amputations- If you lost any part of your body in the accident, like a finger or an eye, it may be difficult for your employer to argue that you could return to work. Especially if you work with your hands, you are not likely to ever regain the ability to do your job. 

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kane county workers compensation lawyerWhen you get hurt on the job, you should not have to worry about how you will pay for medical care or get by financially while you are missing work. Workers’ Compensation programs exist for exactly this type of situation. It should be simple - you have an accident in your workplace, you file a claim, and your medical expenses and lost wages are covered. Unfortunately, some employers are not as cooperative with this process as they should be and will deny a rightful claim for any number of reasons. If your claim was denied, you might have a lot of fears about your situation. There are several ways that a Workers’ Compensation lawyer can help you after a denied claim. Your best bet may be to work with an attorney who understands the appeals process well. 

How to Recover Compensation After Your Claim is Denied

An initial denial does not mean that you will never recover compensation for your injuries and lost wages. It does, however, mean that extra steps will need to be taken to fight for the compensation you need and deserve. If you were not working with a lawyer already when you filed your initial claim, it is probably time to find one. Appealing a denied Workers’ Compensation claim can be difficult. 

Your lawyer will most likely want to help you file an Application for Adjustment of Claim with Illinois’s Workers Compensation Commission. This starts the appeals process. From there, your lawyer will generally formally request an appeals hearing. Workers’ Compensation appeals cases are tried before an arbitrator, rather than a judge. An arbitrator acts as a neutral third party and can make a more final decision about your case. 

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b2ap3_thumbnail_shutterstock_430725808.jpgWhen you get hurt on the job, you should not have to worry about how you will pay for medical care or get by financially while you are missing work. Workers’ Compensation programs exist for exactly this type of situation. It should be simple - you have an accident in your workplace, you file a claim, and your medical expenses and lost wages are covered. Unfortunately, some employers are not as cooperative with this process as they should be and will deny a rightful claim for any number of reasons. If your claim was denied, you might have a lot of fears about your situation. There are several ways that a Workers’ Compensation lawyer can help you after a denied claim. Your best bet may be to work with an attorney who understands the appeals process well. 

How to Recover Compensation After Your Claim is Denied

An initial denial does not mean that you will never recover compensation for your injuries and lost wages. It does, however, mean that extra steps will need to be taken to fight for the compensation you need and deserve. If you were not working with a lawyer already when you filed your initial claim, it is probably time to find one. Appealing a denied Workers’ Compensation claim can be difficult. 

Your lawyer will most likely want to help you file an Application for Adjustment of Claim with Illinois’s Workers Compensation Commission. This starts the appeals process. From there, your lawyer will generally formally request an appeals hearing. Workers’ Compensation appeals cases are tried before an arbitrator, rather than a judge. An arbitrator acts as a neutral third party and can make a more final decision about your case. 

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b2ap3_thumbnail_shutterstock_403907830.jpgMental and emotional injuries are very real harms that can occur in the course of a person’s employment. Traumatic events can happen in the workplace just as easily as they can happen anywhere else. Workers who witness a major accident can suffer psychiatric injuries just as the people involved in the accident may suffer physical injuries. Other extreme events that occur while an employee is performing their job duties can cause lasting psychological harm that makes it impossible for the employee to return to work immediately. Contrary to popular belief, these mental injuries can be covered under workers’ compensation. However, it is likely to take a skilled attorney to get you the assistance you deserve after a workplace psychological injury. 

When is a Mental or Emotional Injury Covered by Workers’ Compensation?

After a workplace psychological injury, you are likely to need treatment and time to recover. Your lawyer will need to show that your mental injury was directly caused by something that happened at work, typically a traumatic event. This includes situations like: 

  • Co-occurring physical injury - If you also experienced a physical injury during the traumatic event that caused your psychological harm, your attorney may have an easier time proving that you are entitled to workers’ compensation. Often, a physical injury will heal before the emotional side of the injury does. You may have PTSD or a more acute post-trauma concern after a frightening workplace injury.

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kane county workers compensation lawyerAfter a workplace injury, you may be unsure whether you can handle your workers’ compensation claim yourself. In most cases, it is a good idea to at least speak with an attorney who can evaluate your case and give you an educated estimate of what your claim is worth. Most injured workers could benefit from a little help - the claims process can be difficult and legally complex, especially if you are faced with a permanent disability. An experienced attorney can step in and advocate for you to help ensure that you receive all the compensation you need. 

When Do I Need an Attorney to Help With my Workers’ Compensation Claim?

If your claim is uncomplicated, your employer is fair, and you are able to return to work quickly, you may be able to handle it yourself. If you are faced with any of these situations, it may be in your best interest to be represented by counsel during the claims process: 

  • Claim denied - If your rightful claim gets rejected and you are denied workers’ compensation, you will need to file an appeal. Appealing these decisions can be complicated. Some unscrupulous employers routinely deny claims under the assumption that workers will not be able to appeal. A qualified attorney can prove them wrong. Further, enlisting a lawyer and appealing may discourage your employer from doing the same thing to others in the future. 

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