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Category Archives: Workers' Compensation

IL injury lawyerIn almost any industry, small injuries are expected. Even in an office job, an accident can occur. However, not every accident or injury is eligible for workers’ compensation. Anything that cannot be safely handled by a basic first aid kit could be eligible. When an injury occurs at work that threatens future work and pay, a family’s livelihood could be at jeopardy. This is why workers’ compensation laws are in place.

What Is Workers’ Compensation?

Workers’ Compensation is an insurance required by law to be had by employers. No matter the size of a staff, or the number of employees, most employers are required to have workers’ compensation insurance. This insurance protects employees in the event of an accident caused by work that affects the employees’ ability to work. Workers’ compensation can cover lost wages and/or medical treatment depending on the severity of the injury. When filing workers’ compensation, this prevents you from suing your employer for a personal injury claim. However, if a third party is responsible for the negligence that caused your injury, they can be sued.

When occurring an injury that prevents the ability to work, whether short or long term, you are eligible for compensation through your employer's workers’ compensation insurance. The first step, after seeking immediate medical attention if necessary, is to alert your employer about the injury that occurred at work. If you cannot work for three or more days due to the injury, your employer is required to begin paying temporary disability or give a written reason why benefits are being denied.

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IL injury lawyerAlthough the majority of employers are required by law to have workers’ compensation insurance, an employee may feel like their employment is at risk after an incident at work. The truth is, employers cannot fire someone based solely on filing a workers’ compensation claim. In fact, it is illegal to discriminate, threaten, or refuse to rehire an employee on the grounds of filing a claim.

What Is Worker’s Compensation Insurance?

If a person gets injured or killed because of an accident at work, they are entitled to compensation based on medical care and missed time at work. No matter how small a business is, all employees are entitled to the protection that workers’ compensation provides. Depending on the injury, it may put a person out of work for a long time, and the compensation assists with lost wages. If a person cannot return to work, they may qualify for permanent disability and their compensation will be higher than temporary disability.

To avoid complications, research how to properly file a workers’ compensation claim with your employer. They may have specific guidelines and policy for reporting. They may want the injury reported a certain way and require specific documentation in order to receive compensation.

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IL injury lawyerFacing a work-related injury that threatens your career and finances leaves much uncertainty to you and your family. If a claim is denied, you and your family may suffer with the burden of medical bills and the loss of a working adult and paycheck.

Do I Need a Lawyer?

Even after a minor injury with minimal lost time at work, you still are eligible for compensation and a solid legal representation is the best option for claiming those benefits. An attorney will also represent you if your claim is denied, and will know how much your case is worth. Even if your employer discourages or threatens you based on your claim, a lawyer will have your back.

When working with a lawyer, you may not know where to start when it comes to questions about your workers’ compensation claim. These questions will help you start the conversation with your lawyer to get the benefits you deserve after a work-related accident or injury.

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Kane County workers' comp lawyer job injuryWorkers' compensation exists to protect workers after an accident, or circumstance, that causes them to be injured and prevents them from returning to work temporarily or permanently. In the case of an injury which occurred while an employee was working or because of their work, an employer’s workers’ compensation insurance pays for any medical bills and provides compensation for lost wages due to disability. 

In 2017, the Bureau of Labor Statistics reported 2.8 million injuries by private employees that did not result in death. Common industries with a high volume of workers’ compensation claims are construction, labor, and retail. While many injuries fell into the expected categories, such as slip and fall accidents, there were a number of unusual claims in which workers received benefits, including:

  • Company Time - In Austria, a woman received workers’ compensation after getting injured on a work trip. The catch is that she was having sex in a hotel room, and a light fixture injured her nose and mouth. After developing depression, the woman filed for workers’ compensation for physical and emotional injuries. Her employer’s insurance company initially accepted the claim but later rejected it, stating that her bedroom activities were not part of a standard work trip. In 2012, a federal court ruled in the woman’s favor, and she received an undisclosed amount of benefits.
  • Mystery Liquid - A woman working in an American fast food restaurant accidentally drank lye, a high alkaline solution, out of a cup sitting in the break room. The woman received third degree burns to her esophagus. She received workers’ compensation for the injury. Her doctor stated that after reaching a maximum recovery, she sustained a 65 percent permanent disability. The legal team behind the restaurant wanted to meet with the doctor, and in 2012, the Georgia Supreme Court ruled that employers can demand information from doctors in regards to workers’ compensation claims. 
  • Under the Influence - A Montana man was mauled by a grizzly bear while working at an outdoor adventure park. The man was doing his job, feeding the bears, but his employer denied his eligibility for workers’ compensation because he had smoked marijuana that morning. The owner also claimed that the man was not an employee, but a volunteer who he gave money to periodically. The use of marijuana was found to have no relation to the bear attack, and the man was awarded enough money to cover his medical expenses. 

Contact an Aurora Workers’ Compensation Attorney

Whether your work injury is fairly typical or out of the ordinary, it is your right to claim workers’ compensation benefits. Contact an experienced Kane County workers’ comp lawyer to learn about your options. We work to provide solutions, no matter your situation. Call our office at 630-907-0909 to schedule a free consultation.

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Aurora work injury attorneysIf you work in the labor or trucking industries, you may be well aware of workers’ compensation. According to the U.S. Department of Labor, Bureau of Labor Statistics, truck drivers and tractor trailer operators made up 5.4% of all private industry reports of injuries. Non-construction laborers make up the highest percentage of 7.3%. Other notable industries are janitorial, nursing assistants, and retail workers.

Every employer is required to have workers’ compensation insurance in the event that someone gets hurt at work or sustains an injury related to working conditions. Workers’ compensation can assist people after an injury by providing:

  • Medical treatment,
  • Leave with pay,
  • Job security, and
  • Additional benefits.

A family member or friend in your industry may have even needed workers’ compensation benefits, but when it happens to you, an important question to ask is: do you hire a workers’ compensation attorney?

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