It 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.

Workers 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:

Earlier 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:

Workplace 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.

Although workers compensation premiums paid by Illinois employers are expected to decrease next year, it is widely believed the reduction will not be enough for the state to compete with its neighbors in luring new jobs to Illinois. The governor’s office further indicated the expected reduction would not make a dent in Illinois’ non-competitive workers’ compensation expenses.

Workers Compensation Reform Efforts

Since taking office in 2015, Illinois Governor Bruce Rauner has advocated for reform of the state’s workers compensation laws. Some view this agenda item as an important step in making the state more attractive so large companies would relocate here, creating more jobs for Illinois residents.

It can be surprising to a worker when he or she is injured on the job and yet cannot get workers’ comp benefits because the employer or its insurer denies the claim. Not only can this mean you are out of work, it can also mean that you will have to pay for expensive medical treatment yourself.

Your health and livelihood are two important things, and fighting a claim denial may be your best shot at getting the help you deserve under the law. An attorney can help you as you navigate the workers’ compensation process.

Here are some common reasons an employer or insurer will use to deny your claim:

Posting on social media can be detrimental to your workers’ comp claim. Anyone injured, being treated, or receiving benefits should be aware of what is being posted online, both by the injured worker and friends and family.

Malingering, or pretending to have a medical condition, is a huge issue in workers’ comp cases about which employers are concerned. There are numerous medical tests and evaluations meant to detect malingering in injured workers.

An opposing party in a claim will try to gather as much information as possible, especially if that information could be used as evidence of malingering, including meticulously looking through any viewable social media.

After you have suffered a workplace accident and determine that you are injured, your first step should be informing your employer of the incident. This is required under the Illinois Worker’s Compensation Act.

Illinois law states that notice of the accident must be given to the employer as soon as “practicable,” and no later than 45 days after the accident. Failure to do this may mean a rejection of your claim, and you will not get your medical bills and lost wages paid by your employer.

While 45 days may seem like a long time, the deadline can approach quickly, especially if you did not initially realize that you were injured. If you are concerned about this deadline, contact a workers’ comp attorney as soon as possible.

When people think of an injury that would be covered by workers’ compensation, they often think of an accident that causes sudden pain and trauma like a fall off a ladder, an electrocution, or a forklift accident. However, one of the most common on-the-job injuries is a repetitive stress injury. These injuries are caused by making the same movement over and over. The movements need not be strenuous to cause this type of injury.

The onset of symptoms related to a repetitive stress injury should not be written off by the worker as a sign of aging or as part of the job. The workers’ comp system does provide for medical treatment and benefits for this type of injury.

Computer Work is a Major Cause of a Repetitive Stress Injury

Sometimes accidents happen during your workday when you are not “on the clock.” In these cases, an employee’s claim under workers’ comp may be denied by the employer’s workers’ comp insurance.

However, a claim denial is not the final word on whether there is coverage as these cases can present issues of coverage that may be difficult to decide. In these borderline cases, we advise that you have your claim reviewed by an attorney who practices in workers’ comp to determine whether you should be covered.

About Workers’ Compensation