Blog
Law Offices of David W. Clark, P.C.

Call for a Free Consultation

Contact Us630-665-5678

207 North Washington Street, Wheaton, IL 60187
Subscribe to this list via RSS Blog posts tagged in Bloomingdale workers’ comp attorney

IL injury lawyerWorkplace accidents happen even when employers and employees act responsibly and take all necessary safety measures. These accidents can cause injuries that range from head trauma to carpal tunnel syndrome to lung disease. Companies in Illinois are required to carry workers’ compensation insurance in the unfortunate event their employees get hurt on the job. If you suffer an injury while performing your occupation, you can file a workers’ compensation claim to receive benefits for medical bills or lost wages. However, it is possible your claim could be denied. If it is denied, you still have options, but they can depend on the reasons for the denial.

Reasons Why a Workers’ Comp Claim Is Denied

There are several reasons your workplace injury claim may be denied. One reason is a delay in filing the claim. It is imperative that you report your injury or illness to your employer immediately. Then you should file a workers’ compensation claim with the state (unless your employer files it). If you miss a deadline, your claim will probably be denied.

Another reason your claim might be denied is lack of evidence the injury or illness was caused by performing your job duties. Your employer may try to argue that you had a pre-existing condition or you were acting irresponsibly, etc. Gather evidence to support your claim, such as photographs of the injury or witness testimonies.

...

IL injury lawyerLandscaping companies are typically the busiest in the summer months since the weather is ideal for working in the yard. Depending on the size of the yard or property, a lot can be done to enhance a landscape. This can include trimming bushes, cutting the grass, and planting trees or flowers. Riding lawn mowers and trimmers are some of the tools of the trade for a landscaper. Powered equipment such as those can break down or potentially cause an accident. In any type of work environment, even outside, an employee can be at risk for injury. If you are hurt while performing duties at your landscaping job, you might be entitled to benefits through workers’ compensation.

Types and Causes of Injuries

According to the National Safety Council, a worker is injured on the job every seven seconds. Injuries in the landscaping field can be related to faulty equipment or machines, improper maintenance, or negligent property owners. Some of these injuries can include:

  • Broken bones or fractures
  • Severed body parts
  • Concussions
  • Heat stroke
  • Back or neck strain

Some landscaping duties require workers to climb ladders to trim tall trees. If the ladder is not properly positioned, an employee can lose his or her balance and fall to the ground. This can cause significant head trauma or a broken arm or leg, not to mention a serious back or neck injury.

...

IL injury lawyerBlood and plasma donors help save lives. Donated blood and plasma are used for a wide variety of life-saving techniques that benefit thousands of people every day. Blood transfusions are needed on a daily basis in hospitals across the country. Plasma is used in the treatment of serious disorders such as hemophilia and immune system deficiencies, and to treat victims of shock and burns. Plasma donation has become popular due to the cash incentive since donors get paid for their donations, typically in the form of VISA gift/debit cards. As with a lot of medical professions, lab technicians at these facilities can injure themselves while performing certain job tasks. If you are hurt working in a blood or plasma donation center, you might be eligible for worker’s compensation benefits.

Job Duties

Lab technicians who work at blood or plasma donation centers screen candidates for their compatibility as donors. The plasma technicians use automated machines that collect the donors' blood, which separates blood components, retains the plasma, and returns the remaining blood components to the donors.

In addition to collecting and processing the blood or plasma, technicians might have duties that include cleaning the lab center and counting inventory. This could require manual labor, such as lifting and reaching for objects, sweeping and mopping floors, or even moving furniture. Employees could also provide routine maintenance on computers or machines, as well as administrative duties such as answering phones and helping donors complete paperwork.

...

IL injury lawyerA hospice social worker is a certified medical social worker (MSW) who has had specific training in end-of-life care. In hospice care, the social worker plays an important role in assisting with a patient’s wishes for care. This may include directives like a Do Not Resuscitate (DNR) order, planning a funeral, suggesting grief counselors, and more. Sometimes the social worker simply provides a listening ear or an expression of sympathy. A hospice social worker’s compassion, support, and knowledge can greatly improve the experience of the patient and his or her family during a very emotional time. But what benefits does a hospice worker receive if they are injured on the job?

Types of Injuries

Many hospice social workers travel to nursing homes, hospitals, assisted living facilities, and even patients’ homes to perform their jobs. They typically use their own vehicles for transportation to and from sites, but this travel time is usually considered part of their workday. Inclement weather can sometimes put them at risk for car accidents due to icy or snowy road conditions, traveling in all kinds of weather, rain or shine. Distracted drivers on the roadway can also cause crashes or rear-end collisions.

Since a hospice social worker often enters patients’ homes, the potential for possible injury can occur there, too. For example, if the social worker trips on stairs, obstacles, or an uneven walkway in or around the house or facility. Slip and falls could also take place due to water or ice on the pavement. The social worker could also sustain a back or neck injury if he or she tries to help a nurse or family member transfer a patient from a chair to a bed.

...

b2ap3_thumbnail_work-related.jpgWorkers’ compensation claims can cover work-related injuries for a wide variety of reasons. Injuries at work will often qualify you to receive compensation and benefits, so it is vital to understand the background on workers’ compensation claims in Illinois. Using these statistics to have a discussion with your personal injury lawyer about the best course of action for your case will be beneficial to all who need to file a workers’ compensation claim.

The Illinois Workers’ Compensation Commission releases a report on the workers’ compensation claims and the results of those claims filed in Illinois every year. The report filed in 2017 for injuries occurring in 2016 states that there were just over 200,000 instances of workers reporting injuries to their employers in Illinois during 2016, with 45,000 claims filed by the employees to the worker’s compensation commission. Here are some of the key takeaways from that report.

Most Common Reasons for On-The-Job Injuries

The commission’s report states that overexertion and bodily reaction are the most common cause of work-related injuries by a wide margin. The five most common reasons below overexertion are: slip and falls, vehicle collisions, workplace violence, being exposed to dangerous substances or conditions, or contact with a part of the equipment or an object.

...

IL injury lawyerAll employees deserve to work in a relatively safe environment. By nature, some jobs are more dangerous than others, but they still must follow certain safety guidelines to prevent workplace injuries or deaths. The Occupational Safety and Health Administration (OSHA) provides a set of general and industry-specific guidelines for safety measures that should be taken in order to prevent injuries and death in the workplace. Unfortunately, not all workplaces always follow OSHA’s guidelines, which results in accidents that could have been easily prevented. Here are the most commonly cited violations that OSHA has reported during workplace inspections:

  1. Fall Protection in Construction Industry

Fall protection violations were the most cited violation in 2017. This regulation states that construction employers have the duty to make sure that work and walking surfaces have enough strength and structure to hold employees. This regulation also states that there should be guardrails, safety nets or personal fall arrest systems in place when an employee is working in an area without a protected edge.

...

IL injury lawyerOne of the most traumatic things a family can go through is the loss of a family member through a workplace accident. Not only are you grieving for your loved one, you might be worried about your family’s financial future. Many American families sustain their standard of living by having two incomes. With the loss of one income, your family could be facing financial hardship. The Illinois Workers’ Compensation Act allows the spouses and children of the worker to collect death benefits of a deceased loved one who was killed on the job.

Who Can Receive Death Benefits?

When a worker is killed on the job, their surviving spouse and children who are under the age of 18 are entitled to death benefits. These are called primary beneficiaries. If there are no primary beneficiaries that exist, then the benefits can be paid to totally dependent parents of the deceased worker. If totally dependent parents do not exist, benefits can be paid to anyone who was at least 50 percent dependent on the worker before his or her death.

...

IL accident lawyerContrary to what the majority of people believe, construction work or the manufacturing sector are not the most dangerous industries to work in. Surprisingly, the healthcare industry is the most dangerous industry to work in. According to the Occupational Health and Safety Administration (OSHA), more workers are injured in the healthcare industry than any other.

Types of Healthcare Industry Work-Related Injuries

Healthcare workers face a few specific and unique workplace hazards. These types of hazards include:

...

IL accident lawyerAccidents happen — that is why there is such a thing as workers’ compensation. Workers’ compensation is an insurance program that was designed to help those who are hurt on the job and have suffered injuries that prevent them from working, or limit what they can do. One of the injuries that you can file a workers’ compensation claim for is carpal tunnel syndrome, an injury of the hand and wrist.

What Is Carpal Tunnel Syndrome?

Carpal tunnel syndrome occurs when the median nerve, one of the major nerves that runs through the hand, is stretched or compressed, causing damage. Carpal tunnel syndrome is considered a progressive injury, which means it can get worse over time if you do not treat it right away. Without treatment, carpal tunnel syndrome can lead to permanent nerve damage.

...

IL injury lawyerAccidents happen--that is why all employers in Illinois are required to carry insurance for workers who get injured on the job. Workers’ compensation covers medical costs for all employees if they are hurt on the job and pays for expenses such as doctor’s visits, surgery, hospital stays, medication and physical therapy. In the case that an injury or illness makes you unable to work, you could be able to receive disability benefits, which vary based on whether the injury or illness is partial or full, or if it is temporary or permanent.

Temporary Partial Disability

When you are still healing from a work-related injury or illness, but are able to work part-time or have limited ability of what you can do at work, you might be eligible for temporary partial disability (TPD) benefits. This means that you are not earning as much as you would have been earning pre-injury. TPD benefits are usually two-thirds of the difference between your pre-injury weekly wage and your post-injury weekly wage. These benefits are paid to you until you are healed and can return to work.

...

Illinois injury lawyerAccording to a study published in the journal Neurology, even relatively minor brain injuries carry an increased risk of developing Parkinson’s Disease, a neurodegenerative disorder.

The Study

Researchers studied 325,870 veterans whose health data was recorded from 2002 to 2014 to explore the correlations between traumatic brain injuries (TBI) and the development of Parkinson’s Disease. Of those who developed Parkinson’s Disease, 65% percent had previously had a TBI ranging from mild to severe in nature.

...

Illinois injury lawyerWe frequently use this space to present relevant information pertaining to work-related injuries and deaths, high-risk careers and other workers’ compensation related topics. The array of variables and nuances impacting this important social and legal issue literally fill pages and pages of books and require copious amounts of time both in and out of the courtroom. This time around we are taking a closer look at reports indicating high-risk worker groups.

Age and Gender Play a Role

As workers and employers strive to provide and sustain equal footing in the employment market for both men and women, some evidence suggests that there is an area in which women have an edge, especially as they get older. One Canadian study presented evidence that older women are more likely to sustain an on-the-job injury than their younger counterparts. Some of the findings included:

...

Illinois injury lawyerWhen workers are injured or become ill it is not uncommon for them to take advantage of disability leave time in order to mend and heal. However, in some cases, an employee is able to work while undergoing treatment for an illness or accept a light-duty role. In such scenarios, it is important to ensure employers are making reasonable accommodations despite one’s inability to perform their job at the same level as prior to the injury or illness.

Suburban Police Officer Battling Cancer and Employer

In one case, a suburban police officer is claiming his municipal employer is guilty of violating the American with Disabilities Act (ADA) when it terminated a light-duty assignment he was performing while undergoing and recovering from treatments for cancer:

...

Posted on in Workers' Compensation

Illinois injury attorneyThere may be fewer things more frustrating than sustaining an injury while on the job. While accidents happen, injuries caused by performing repetitive activity or motion to complete a required are no less harmful. Workers and employers alike must take steps to monitor for repetitive motion injuries, especially when they occur as part of one’s daily duties.

Common Types of Repetitive Motion Injuries

Arms and hands are the most common targets of repetitive motion injuries. While one might think these types of injuries are suffered only by those who perform physical labor as a career choice, these types of injuries also are suffered by those who work in offices or other non-physical roles. Here are descriptions of a couple of the most commonly occurring repetitive motion injuries.

...

Illinois injury attorneyAt one time when an individual reached a certain age, often that age was 65, he or she would retire from the workforce, collect a pension, and move somewhere warm. However, as more and more people continue working into their 60s and even 70s, employers and workplace safety advocates have become aware that on-the-job safety has taken on new importance to protect an aging workforce from workplace injuries and accidents.

Age and Experience

Reports indicate that in 2010, workers age 55 or older represented more than 19 percent of the workforce and that is expected to increase to over 25 percent by the year 2020. Furthermore, by the year 2036, the number of “older” workers is expected to double. This anticipated increase is expected to affect drastically the cost of rehabilitation and compensation plans.

...

Illinois injury attorneyBecause there is virtually no federal role in workers’ compensation the payments and costs related to workplace injuries vary widely from state to state. In fact, a recent study showed that medical payments were as much as 24 percent higher in Illinois than the median cost in all other states.

What Is the Cause?

It is no secret that expenses related to insurance premiums and workers’ compensation expenses are factors that many employers weigh when considering whether or not to locate an operation in a particular state.

...

Illinois injury attorneyIt is a known fact that simply by getting out of bed in the morning a person risks injury. The same can be said for those who leave the house to go to their jobs. While workers’ compensation laws are in place to protect employees who are injured on the job, the knowledge that some types of employment are far riskier than others does not stop people from seeking those dangerous jobs.

Careers That Come with Built-In Risk

Despite the knowledge that some jobs come with an inherent risk or history of high incident of injury or death, it does not dissuade some, for whatever reason, for seeking out and filling those job openings. Sometimes it is due to a family connection, sometimes out of sheer need, but whatever reason, there are individuals who willingly fill employment positions that expose them to risks of bodily harm.

...

Illinois injury attorneyWorkers who earn a living doing physical labor are at risk of injury nearly every day they are on the job. Overland truck drivers and delivery drivers who maintain local routes are at no less risk for injury simply because they are behind the wheel much of the day.

Drivers’ Injuries Due Compensation

Truck drivers and delivery drivers experience injuries from more than just being involved in accidents. Some of the injuries occur from slips that occur getting in or out of the cab, lifting or loading and unloading cargo, raising truck hoods or cargo doors, and even falls on loading docks. Any of these can cause a number of serious injuries, which include:

...

Illinois workers comp lawyerEarlier this year Illinois legislators passed a bill that would create a taxpayer-funded insurance company that would issues workers compensation coverage policies. Governor Bruce Rauner vetoed the legislation, and, despite their best efforts, the Illinois House of Representatives failed to secure enough votes to override that veto.

Latest Attempt at Workers Compensation Reform

The bill passed earlier this year, that would have created a state-run, publicly funded insurance company received its support primarily among Democratic legislators. In creating this plan, supporters felt it would force private companies to reduce the cost of workers compensation coverage policies, and pass along savings gained from earlier attempts at reform. Among the key issues surrounding this highly politicized matter that is important to employers and injured employees alike are:

...

Posted on in Workers' Compensation

Illinois injury attorneyWorkplace accidents and illnesses result from a variety of incidents and sources. In the past, it was difficult to pinpoint exactly the reason for occupational disease and illness, but medical and scientific advances have helped blue collar workers gain reimbursement for hospital bills as well as compensation for lost wages and living expenses.

Asbestos-Related Illness

Asbestos once was heralded as a building material breakthrough that could help prevent the spread of fires and would make buildings safer. It was used extensively throughout schools, commercial buildings, multi-family buildings and other structures in which a large number of people might accumulate. Although there may have been warning signs early on, it was not until the 1940s that some began linking asbestos exposure to incidents of cancer.

...

WE DON'T GET PAID UNTIL YOU DO!

Free Initial Consultation

630-665-5678

Our attorneys aggressively pursue every avenue to ensure that you are properly compensated for your pain and suffering, medical costs, or lost wages as soon as possible. You pay nothing until you receive the judgment or settlement you deserve.

ISBA DCBA AJ ITLA
Back to Top