Blog

Category Archives: Workers' Compensation

IL injury lawyerWhen an employee is injured at work, in most cases, they are entitled to financial damages through their employer’s workers’ compensation insurance program. In Illinois, any injury resulting from the employee’s job can qualify for a workers’ compensation claim. However, it is the employee’s responsibility to file the claim correctly and provide sufficient evidence. Anyone pursuing a workers’ compensation claim, should be aware of the mistakes that employees often make that diminish the validity of their claim and ability to collect compensation.

Missteps That Can Derail Your Workers’ Compensation Claim

1.) You fail to seek medical attention after the accident.

Some work-related injuries can be incredibly harmful long-term, such as ladder falls and repetitive stress injuries. Seeing a doctor immediately after can help an employee address, diagnose, and treat their injuries. Additionally, visiting a healthcare facility after an accident will assist in adding validity to a workers’ compensation claim. It is important to see a doctor and follow their instructions. Failure to see a doctor after suffering an injury on the job may make the impression that the injury is not serious enough to qualify for a claim.

...
Continue reading

IL injury lawyerConstruction accidents continue to be one of the leading causes of workplace fatalities. There are many factors that contribute to the dangers of a construction worksite including heavy machinery, high heights, and insufficiently trained employees. Workers in this industry should understand the dangers they may face and what steps they can take in order to protect themselves against construction accidents.

Studies completed by the Occupational Safety and Health Administration (OSHA) have identified four leading causes of construction site injuries and fatalities. These causes, which are referred to as the “Fatal Four,” include falls, being struck by objects, electrocution, and caught-in/between.

Methods of Prevention for Construction Injuries

Falls include both falling from heights and slips and trips. Falling from heights is one of the most common causes of construction fatalities. Employers in the construction industry can make an effort to reduce the dangers of construction falls by implementing the following safety recommendations:

...
Continue reading

IL injury lawyerThere are a variety of ways you could get injured on the job, from slipping on a wet floor to accidentally amputating a finger in a piece of machinery. No matter the injury, you should have peace of mind knowing that you are covered by workers’ compensation insurance, which most Illinois employers are required to carry. It can be frustrating when you receive a denial for your workers’ compensation benefits in the mail. If you have been denied your right to workers’ compensation, there are a number of potential reasons why. An Illinois workers’ compensation attorney can help you determine the cause of your denial.

1. Your accident did not occur at work.

Usually, the only type of injuries that are covered under Illinois workers’ compensation are injuries that are sustained from accidents that occurred at work. However, you may still be able to claim workers’ compensation if you were performing work for your employer, even if you were not present at your employer’s location at the time.

2. You did not inform your employer of your injury on time.

Like many other things, there are statutes of limitation that you must obey. For workers’ compensation claims, the Illinois Workers’ Compensation Commission (IWCC) states that you should inform your employer of your injury as soon as possible, but in no case later than 45 days after the day that you were injured.

...
Continue reading

IL injury lawyerIt is common knowledge that nearly all employers in Illinois are required to carry worker’s compensation insurance. Workers’ compensation exists to support employees who become injured during the course of their employment. Workers’ compensation allows injured workers to claim benefits for injuries such as broken limbs or even death. What some people may not realize is that many illnesses or diseases that are developed by employees through their line of work can also be eligible for compensation under the Illinois Workers’ Occupational Diseases Act.

Understanding Qualifying Diseases

The most difficult part about a claim for an occupational disease is proving that the situation is actually work-related. The Act does not list any specific diseases that qualify for compensation, but states that any disease that arises, “out of an in the course of the employment,” or any condition that, “has become aggravated and rendered disabling as a result of the exposure of the employment,” is a qualifying disease for reasons of the Act. However, the Act also states that the illness or disease must be one that arises from a risk that is normally or in most cases specific to or increased by the work and, “not common to the general public.” Some common diseases or illnesses that could be included are:

  • Asthma
  • Reproductive diseases
  • HIV
  • Dermatitis
  • Hearing loss
  • Post-traumatic stress disorder

Recovering Compensation For Your Illness

In most cases, claims for an occupational disease must be filed within two years of the last day of exposure to the thing causing the disease. In certain cases, such as those involving the inhalation of silica or asbestos dust, claims must be filed within three years. Diseases relating to exposure to radiation have up to 25 years to be filed. If the claim is filed within the appropriate amount of time, benefits can be collected. These benefits would be the same as if they were being paid out for a work injury. Benefits for an occupational illness or disease can include:

...
Continue reading

IL injury lawyerPeople who are injured on the job or because of work they have performed will usually be eligible for workers’ compensation benefits. Workers’ comp will cover the costs of medical treatment for an injury, and a person may also be able to receive disability benefits if their injury has caused them to be temporarily unable to work or has permanently affected their ability to earn an income. While workers’ compensation covers all injuries that occur during or arise out of a person’s employment, there are some cases where employers or insurance companies attempt to deny a workers’ comp claim based on a person’s pre-existing condition. In these cases, injured workers will want to understand their rights and determine how they can receive the benefits they deserve.

Workers’ Comp Coverage for Aggravation of Pre-Existing Conditions

When a person suffers an injury while at work, they are entitled to receive workers’ compensation benefits if the injury arose out of their employment. In some cases, workers’ comp claims may be denied on the basis that a person had a pre-existing condition, and an employer or their insurer may claim that the injury did not occur because of the work that a person performed, but was solely caused by their existing medical conditions.

Workers should understand that even if they had a pre-existing condition, they will be eligible for workers’ compensation benefits if they suffered a new injury while working. These injuries may include the aggravation of any existing medical issues. For example, a person with degenerative disc disease may experience a worsening of this condition after lifting heavy objects at work. Even though they already had a known medical condition, an injury that required additional medical treatment or affected a person’s ability to work will be covered by workers’ comp.

...
Continue reading

Recent Blog Posts

Categories

Archives