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Category Archives: Workers' Compensation

kane county work injury lawyer

In some lines of work, getting hurt on the job is relatively likely. In others, it is rare. Whether you are dealing with Carpal Tunnel Syndrome from typing at a desk all day or a serious neck injury after a construction site accident, you are likely eligible for workers' compensation if you sustained an injury at work. Many injuries keep you from returning to your job right away. In some cases, you may be able to perform a less physically challenging job for your employer while you are injured. In others, you may not be able to work at all during your recovery period. If you are hurt and unable to perform your normal work duties, you may be able to receive temporary disability payments. An attorney can help you understand what types of benefits you are eligible for. 

What is Temporary Total Disability?

Temporary total disability benefits are used when you are unable to perform any work for your employer. If your employer cannot offer you temporary light-duty work that you would be able to perform, then you may be considered totally temporarily disabled. This is often the case if a worker's injuries are severe, especially if they must remain in the hospital or a rehabilitation facility for some time. 

If you are eligible for temporary total disability, you can be paid two-thirds of your normal wages. If you are hourly and your income varies, your weekly wages will be averaged out based on what you earned in the past year. 

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aurora hospital malpractice lawyerWhen you go to a hospital for medical care, you expect to be in a safe place. You should be able to automatically trust that the doctors and other providers are being careful to provide you with safe treatment. Unfortunately, the labor shortage has hit hospitals just as much as it has hit restaurants and retail businesses. There is a significant nursing shortage. However, being short-staffed does not excuse medical malpractice. A hospitalized patient can do very little to take care of themself and must rely on doctors, nurses, and other healthcare professionals like Certified Nursing Assistants. When these providers fail to perform their jobs in a manner that is safe for patients, they may ultimately do more harm than good. If you were harmed while staying in a hospital, an attorney may be able to help you recover compensation. 

Common Forms of Malpractice in a Hospital Setting

Some types of medical errors are more common than others, especially in a hospital inpatient setting. Medical malpractice in a hospital may take the form of: 

  • Medication errors - One of the most common types of malpractice that can happen to an inpatient is a medication error. Being given the wrong medication, or the wrong dose of the right medication, can cause serious harm or even cause a patient to crash. Nurses may mistakenly give one patient’s medication to another patient, or the wrong medication may be pulled or ordered because many drugs have similar names. Patients may be inadvertently given a drug that they are allergic to. Medication errors can even be fatal. 

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illinois workers compensationIn Illinois, just about anyone with a job is eligible to receive workers’ compensation if they are injured or made ill at work. Even office staff sometimes uses workers’ compensation after an accident like a slip-and-fall. However, if you are in a dangerous career with a high risk of injury, you may use workers’ compensation several times throughout your career. People in high-risk professions include electricians, construction site workers, and some healthcare professionals. When you are in a high-risk profession, it is best that you understand the workers’ compensation process and know how to respond to a workplace injury before anything happens.

Do’s and Do Not’s for High-Risk Employees

If you are in a dangerous profession, there are a few rules of thumb you should keep in mind when it comes to workplace safety and handling a workplace injury. General do’s and do not’s for high-risk workers include: 

  • Do use PPE - Use any personal protective equipment your employer provides. This may include gear like safety goggles and hard hats on a construction site, or N95 masks and smocks in a hospital setting. This gear can reduce the severity of harm, and heads off accusations that you were careless about your own safety. 

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kane county workers compensation lawyerWorkers’ compensation is not just for those in traditionally high-risk blue-collar jobs. White-collar office workers can and do get hurt at work and are equally entitled to workers' compensation protection. While injuries suffered by those with desk jobs tend to be less severe on average, they can still keep an employee out of the workplace for weeks while they recover. If you were injured at your office job, you should take the situation seriously and consider having an attorney help you recover compensation. The costs associated with a workplace injury are compensable whether you operate a desktop computer or a forklift. Some office employees hesitate to file a workers’ compensation claim, but this is a mistake. If you do not file a claim after getting hurt at work, you could be leaving thousands of dollars on the table. 

The Most Common Reasons Office Workers Get Hurt on the Job

People with desk jobs tend to view their workplaces as very safe. This can cause people to let their guard down and become more vulnerable to hidden dangers around the office. Some of the most common categories of workplace injuries in office buildings include: 

  • Slips, trips, and falls - A lot of office buildings use tile or linoleum over carpeting because it is easy to clean. This also makes slip-and-fall accidents more likely - all it takes is a dropped cup of coffee or a missing wet floor sign to cause an accident. Trip-and-falls are also common. It could be a poorly placed power cord or a box of files set on the floor too close to a doorway. Light switches that are not placed where a light can be turned on prior to entering a room can increase the risk of a tripping injury. 

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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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