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wheaton personal injury attorneyThe pain of a torn rotator cuff or any other shoulder injury can impact even the most basic of everyday moments. You may have difficulty and experience pain when you raise your arm. You could be unable to pick up and lift even small items without pain, impacting your ability to get things done around the house and at work. You could even suffer from pain when trying to sleep, impacting your ability to get a restful night. No matter what type of accident led to your rotator cuff injury, a personal injury lawyer can help you pursue compensation for medical bills, time lost at work, and pain and suffering.

Causes and Prognosis for Rotator Cuff Injuries

Your rotator cuff is a group of shoulder muscles and tendons that help you lift and move your arms away from your body. Tears can be caused as the tendon wears down over time, known as a degenerative tear. However, they can also be caused by sudden trauma to the shoulder, such as when your shoulder is dislocated, or you break your collarbone. This can occur in a slip and fall accident when the force of your body hitting the ground or floor causes a shoulder injury. It can also occur in a car accident, especially when your hands are on the steering wheel and your car is hit from behind.

A doctor may perform an exam, including an x-ray, an MRI, or an ultrasound, to diagnose the tear. Common non-surgical treatments include a sling to promote rest for your shoulder, anti-inflammatory drugs, physical therapy, and steroid injections. Surgery is needed when there is a complete tear or when a partial tear isn’t responding to non-surgical options. The prognosis for rotator cuff injuries is typically positive, with a full recovery after treatment or surgery. If you suffered a larger tear, there is a possibility of reinjuring the same tendon.

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wheaton car crash injury lawyer Car accidents can leave you feeling jarred and tense. Once the adrenaline wears off, you may realize that the pain you felt from the initial collision is not going away. Often in car accidents, the driver or passengers will be suddenly jolted, causing their head to move backward rapidly or forward suddenly and sharply. This can cause a neck sprain known as whiplash. Knowing the signs of whiplash and when to call your doctor is essential. It is also important to contact an experienced car accident attorney who can help you recover compensation for medical bills, lost wages, and pain and suffering that occurred due to the accident.

Whiplash Symptoms to Look for After a Car Accident

Symptoms of whiplash can include a dull aching pain in your neck, difficulty turning your neck side-to-side, muscle spasms, headaches, fatigue, anxiety, and memory issues. In more severe cases, people with whiplash will suffer from insomnia, problems staying focused, and sudden mood changes.

It is wise to seek medical help after any car accident. The crash does not even need to be very severe to cause whiplash. Even a slow collision could cause a serious injury if it causes your head and neck to move in an unnatural manner. You may not feel the full symptoms of a whiplash injury until hours or even days after the crash. Heat and ice, along with pain relievers, are typically recommended after the first signs of neck pain. You should contact your doctor if your symptoms don’t get better after two weeks, get worse after showing some initial improvement, have a negative impact on your daily life, cause you to wake up when sleeping, and make you lose interest in previously enjoyable activities.

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wheaton workers comp lawyerWhen your job involves making the same movements or performing the same tasks every day, it may be easy to fall into a routine. You may not even notice the minor pain which is slowly developing. However, repetitive motion at a job has the potential to cause serious medical conditions, such as carpal tunnel syndrome, bulging discs, lower back injuries, tendonitis, and bursitis. Not every worker is at risk for these injuries equally. Some jobs are more prone to cause repetitive injuries than others. No matter what your line of work is, if you have suffered a repetitive stress injury or any other workplace, it is important that you contact an experienced workers’ compensation lawyer.

Common Repetitive Stress Injury Jobs

While injuries caused by repetitive motion may seem minor at first, they can develop into more serious medical conditions. Depending on your job and the motions involved, they can affect any part of your body. Here are some of the most common types of jobs that tend to produce repetitive stress injuries:

  • Office jobs, including clerical and coding jobs, involve constant typing. Carpal tunnel syndrome is commonly associated with these jobs.

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wheaton car accident lawyerAccidents are one of the more common causes of neck injuries. Whether it is whiplash from a car accident, a spinal cord injury from a slip and fall, or any other neck injury, you can suffer serious pain and have other negative impacts on your quality of life. The pain of a neck injury could impact your ability to perform everyday tasks and could even impact your employment. If you suffered a neck injury through someone else’s negligence, an experienced personal injury lawyer can help you seek compensation from those at fault.

Diagnosis and Treatments for Neck Injuries

The pain of a neck injury can linger for a long time if it is not treated properly, so it is best to seek medical attention if you have been in an accident and are now suffering neck pain. Signs you should see a doctor include:

  • Over-the-counter medications do not help to ease the pain

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Wheaton personal injury lawyerIf you or someone you know sustained a severe injury, you might research how to file for financial compensation. Compensation for injuries can be awarded to injured individuals due to the negligence or malice of another party. For example, an injured driver can sue for damages caused by a drunk driver that collided with their vehicle. In some states, damage compensation is capped depending on the injury and circumstance. In 2010, Illinois overturned damage caps for injury cases. 

What Are Damage Caps?

Damage caps are financial limitations created by a state that limits the amount of compensation awarded to an individual for an injury. In personal injury cases, many damages that arise in the case are non-economic, meaning they refer to bodily or emotional impairments. The United States government enforces damage caps for non-economic medical malpractice lawsuits at $250,000. However, all other damage cap limitations are up to each state to decide. 

Illinois issued damage caps for non-economic damages on personal injury cases. This limitation coincided with the Illinois constitution and was overturned in 2010. Today, Illinois leaves financial compensation for personal injuries up to the court's discretion, including the judge and jury. 

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Wheaton car crash lawyer Car accidents can be frightening for various reasons — life-threatening injuries, hospital or medical bills, and insurance claims. When you are the driver in a collision, the fault falls between you and the other driver. This is how insurance companies or the court can determine responsibility and any personal injury compensation for the non-faulty party. However, how does this change if you were a passenger injured in a car accident?

The Driver’s Responsibility to You 

If you were injured as a driver and the car accident was not your fault, you can file a claim against the other driver for negligent driving. This claim can award you financial compensation to cover the costs of your injuries, including hospital bills, continued medical treatments, or repayment for wage loss during your healing process. However, if the car accident was your fault, as the driver, you bear the responsibility for the other vehicle in the collision. The faulty driver most likely will not be awarded any financial compensation for personal injury. 

This changes when you are a passenger riding in a vehicle. Since you are neither driver in the collision, you can file for compensation from the negligence of either driver, depending on which one was the faulty party. For example, if another vehicle collides with the car you are riding in, that driver is at fault for any injuries they cause you as the passenger. Similarly, the driver of the vehicle you are riding in also bears the responsibility for your safety. If your driver is negligent or driving under the influence of drugs or alcohol and injures you during a car accident, they are liable for any injuries you sustain. If both drivers were at fault, an injured passenger could file a personal injury claim against either or both parties.

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DuPage County workers compensation lawyerWhen dealing with aggravated existing injuries or repeated injuries on the job, it can be more challenging for individuals to obtain workers’ compensation. When receiving financial payment for a work-related injury or illness, the Illinois Workers’ Compensation Commission must determine that the injury occurred due to the job at hand and not other outstanding factors. If a worker had a pre-existing injury, such as carpal tunnel syndrome, that was aggravated at work, a skilled workers’ compensation attorney may be able to help pursue financial compensation. Below are the steps to follow if you want to seek compensation for an aggravated work injury. 

What is Carpal Tunnel Syndrome?

Carpal tunnel syndrome is an orthopedic condition in the wrist that causes numbness, tingling sensations, and severe pain that can radiate into the hand and forearm. Carpal tunnel can be aggravated over time by excessive use of one’s hand or by leaving the issue untreated. Persistent, untreated pain can cause permanent damage to the hand or wrist. According to the American Academy of Family Physicians (AAFP), 3 to 6% of the general adult population in the United States suffers from carpal tunnel. This condition is often acquired or exacerbated while working with your hands.

Many occupations can aggravate carpal tunnel syndrome, including:

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DuPage County personal injury lawyerTrips and falls occur all the time. In fact, they are one of the most common incidents that lead to personal injuries. According to a statistic from the United States Department of Labor Occupational Safety and Health Administration division (OSHA), there were approximately 230,000 slip and fall injuries cases in 2019. Uneven sidewalks, especially in large metropolitan cities like Chicago, lead to multiple trip and fall accidents. In Illinois, the De Minimis Rule can help victims receive compensation for any injuries sustained or medical payments made due to a fall from uneven sidewalks.

What is the De Minimis Rule?

When dealing with a personal injury lawsuit, there are three main criteria that the court will use to determine if a victim can be awarded compensation. The first consideration includes when the accident occurred, ensuring that the injury timeline is within the Illinois statute of limitations. Victims typically have two years after the accident occurred to sue for compensation. Then, the court will analyze the injuries and how severe they are. The most important factor, however, is determining fault through liability. Many nuances exist in liability cases, especially regarding injuries such as falls on public property. Liability refers to finding who is responsible for an accident. For example, a drunk driver who drives illegally under the influence of alcohol is liable for any injuries or damages caused if they crash. Similarly, a store owner can be held liable for a customer slipping on a spill that was left unattended. 

Illinois initially implemented the De Minimis Rule to help protect defendants in personal injury cases who could be held liable for injured pedestrians tripping on an uneven sidewalk. The rule states that defendants, including city officials, homeowners, or businesses, would not be held responsible for injuries on uneven sidewalks if the uneven pavement depression was smaller than two inches. It became too difficult for liable parties to maintain every imperfection on sidewalks. So, parties are responsible for sidewalk depressions larger than two inches. 

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Wheaton back injury lawyerWhile many types of accidents can lead to serious injuries, back injuries can be especially dangerous. Injuries sustained to the spine, vertebrae, or other areas of the back can limit movement and cause an individual intense pain. These injuries can occur from doing home improvement projects around the house, playing a sport, partaking in heavy lifting, or other accidents. When an individual sustains a back injury due to another person’s negligence or malice, a victim can pursue compensation to cover any related costs. 

Understanding Serious Back Injuries 

Back injuries, especially to the lower back, are widespread. Many people sustain lower back injuries, such as sprains, resulting from moving heavy objects or even sleeping in the wrong position. Severe back injuries can be harder to identify, but they may cause lasting damage to the spine. Spinal cord injuries can lead to severe medical consequences. Symptoms that can indicate a severe back injury rather than a common sprain include:

  • Persistent tenderness and pain
  • Difficulty moving
  • Muscle spasms around the spinal area
  • Swelling 
  • Radiated pain into other areas of the body

These symptoms may indicate serious back or spinal cord injuries, such as a herniated disk or fractured vertebrae. In some cases, spinal cord injuries can lead to paralysis. If you or someone you know are experiencing any symptoms of a severe back injury, it is in your best interest to speak to a doctor immediately. 

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DuPage County car accident injury lawyerCar accidents can occur in a blink of an eye and leave individuals with lifelong injuries. Injuries sustained in a severe car accident can leave victims with substantial medical bills and rehabilitation payments, leaving many people unsure of their next steps. Victims injured in a car accident in Illinois can take action to receive financial compensation to cover these costs. However, there are rules for filing for compensation, including a strict timeline.

The Personal Injury Claims Process

If you or a loved one has been injured or lost their life in a car accident, you may choose to file a personal injury or wrongful death claim to help cover the costs of medical expenses. The personal injury process includes three main steps:

  • Accumulating Evidence of Injuries — One of the essential factors in a personal injury case from a car accident is determining the severity of the injuries sustained. After receiving medical attention, a victim or their medical proxy should keep all necessary medical information, including diagnoses, surgeries, tests, hospital care, and physical therapy. This will help the court determine how severe the injuries were and maintain a money trail of how much was spent on treatment. 
  • Determining Fault — Car accident lawsuits are handled similarly to other personal injury lawsuits in Illinois. In order to sue another individual for financial compensation, the court must be able to determine who was at fault in the situation. If the defendant is entirely at fault for the car accident, it will be easier for the victim to be awarded compensation. However, if both drivers were at fault to some degree, Illinois will follow the comparative fault law. The court and jury will determine the ratio between fault and injuries sustained to decide how much compensation is awarded. For example, if the damages for an injury cost $25,000 and the victim was 10% at fault, the victim may be awarded $22,500. 
  • Filing Court Forms — To go through the court process of filing a personal injury claim, a plaintiff must begin the correct paperwork. The initial complaint form details the events of the accident. Then, subsequent paperwork will follow if the court decides to accept the complaint. 

Victims of a car accident looking to file an injury complaint and receive compensation must follow the statute of limitations for Illinois personal injury cases. Individuals have two years to submit a complaint and begin their case. If a person files a personal injury complaint longer than two years after the accident, the court will likely not accept the case. It is wise for individuals looking to receive compensation for a car accident injury to hire an attorney to ensure that paperwork and other critical information are filed correctly and on time. 

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Wheaton workers compensation attorneyThere are many instances of workplace hazards that can lead to injury on the job. Most of the time, people picture workplace accidents as the primary source of workers’ compensation available to employees, such as falls or trucking accidents. However, other hazards can be prevalent on the job. Employees such as healthcare personnel, sanitation workers, factory employees, or even skilled construction workers are exposed to dangerous occupational hazards that can result in occupational disease. With the help of a knowledgeable lawyer, employees who have contracted an occupational illness can file for worker's compensation.

What is an Occupational Disease?

According to Illinois law, an employee is deemed to have contracted an occupational disease when they contracted an illness after being exposed to hazards in the workplace. The condition must have become debilitating due to a task at hand that the job requires. Dangers in the workplace that may lead to an occupational illness could include:

  • Chemical or radioactive exposure 
  • Gasoline, fuel, or other diesel exposure
  • Factory smoke
  • Particles in the air from construction 
  • Latex allergens 

According to the Center for Disease Control (CDC), nearly 30% of all COPD and adult asthma cases directly correlate to occupational diseases. The CDC explains that more than 20 million United States employees work in a setting that places them at risk for airway diseases. Common occupational diseases can include:

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Illinois personal injury lawyerWrist injuries are prevalent and can occur from many different causes, including car accidents or falls. The hands, wrist, and fingers are critical parts of the body. Without the ability to use their hands, people cannot take care of themselves, complete daily tasks, or even work. If you have sustained a wrist injury as a result of an accident, you may be entitled to file for a personal injury claim depending on the severity of your injury, who was at fault, and the impact it has had on your life. 

Types of Wrist Injuries 

Wrist injuries that occur from an accident can be debilitating. Typically, accidents, including a car crash or a slip or fall, can result in a wrist sprain or fracture. For example, head-on car collisions can cause wrist fractures as drivers place their hands out in front of them while bracing for impact from the other vehicle or the steering wheel. Similarly, slipping on a hazard may lead to a wrist fracture as a victim braces for the fall with an open hand. Common wrist injuries include:

  • Tendon tears from a rapid pulling motion 
  • Scaphoid or Colles fracture from falling with an open hand 
  • Ligament tear from bracing for impact or twisting 
  • Sprains and overstretched ligaments from jams or impact 
  • Wrist dislocation 

Can I Receive a Payout for My Wrist Injury?

While wrist injuries are extremely painful, injured individuals cannot always receive compensation to help alleviate the costs of medical bills and other treatments. There must be a faulty party at hand to receive personal injury compensation. For example, a person could receive compensation for a wrist injury if they were hit in a car collision by another vehicle or if a negligent store owner left out a spill that resulted in a fall. However, if the wrist injury occurred as a result of the injured person’s fault, personal injury compensation will most likely not be awarded.

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IL injury lawyerBeing severely injured does not only cause physical pain and suffering, but also psychological suffering. Whether someone is hurt in a work accident, slip and fall, or car crash, the accident may cause suffering long after physical symptoms have subsided. Many accident victims struggle with insomnia, flashbacks, and anxiety after being injured. Individuals in this situation may be entitled to compensation for mental health treatment and other medical needs resulting from the accident. They may also be entitled to compensation for their pain, mental anguish, and lost quality of life.

Mental Health Issues After a Serious Injury Are Common

Serious physical injuries often affect the mind just as much as they affect the body. Studies show that traumatic physical injuries such as brain injuries, spine injuries, internal injuries, and broken bones can lead to significant psychological suffering. Post-traumatic stress disorder (PTSD), depression, and anxiety are common complications of severe physical injuries. Many injured people are unable to participate in enjoyable activities or work after an accident, which only exacerbates the negative psychological consequences of the injury. They deal with sadness, irritability, lack of motivation, insomnia or hypersomnia, changes in appetite, and even suicidal ideation.

If you or a loved one are struggling with mental health issues after a serious accident, know that this response is normal. However, it is important to get treatment from a mental health professional who can properly diagnose and treat the conditions.

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IL accident lawyerThe majority of car crashes are caused by human error behind the wheel. However, not every accident is a result of the driver’s behavior. Sometimes, problems with the vehicle itself are the root cause of an auto accident. Vehicle defects may be caused by vehicle components that were defective in design or manufacture from the start. Other times, vehicle defects are caused by inadequate or negligent vehicle maintenance.

Car Accidents Caused by Negligent Dealerships or Repair Shops

Mechanics and repair shops cannot perform miracles. Sometimes a vehicle is damaged beyond repair or the mechanic is not skilled enough to perform the maintenance the car requires. However, repair shops have a legal duty to inform the customer if this is the case. Allowing a customer to drive away in a vehicle that is unsafe can lead to deadly consequences.

Mechanic negligence can take many forms. Sometimes, a mechanic or repair shop knowingly fails to fix the problem but charges you for the repair and pretends that they performed the repair. For example, you take your vehicle in to get the brake lines fixed but the mechanic fails to fix the problem. Now the brakes barely work, causing an accident. Another way that negligent vehicle maintenance can lead to an accident is if a mechanic or dealership installs a defective or recalled vehicle component in the vehicle. Sometimes, repair shops are understaffed and in a rush to get cars back to the customers. Mechanics end up making mistakes or oversights that make the vehicle unsafe to drive.

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IL job injury lawyerThere are a variety of situations where employees may suffer work-related injuries, and they will typically be able to receive workers’ compensation benefits, regardless of who was at fault. However, both employers and employees may be unsure about how to approach injuries that occurred while a person was working at home. This is an increasingly important issue, because the number of people who work remotely has grown significantly since the onset of the COVID-19 pandemic. By understanding what types of injuries are considered work-related, employees can make sure they will be able to receive workers’ comp benefits in these cases.

Workers’ Comp Covers All Work-Related Injuries, Including When Working From Home

It is important to understand that workers’ compensation applies in any situation where a person is injured while working or when they suffer injuries that arose out of the work they performed. As long as injuries are considered to be work-related, an employee will be able to receive workers’ comp benefits. However, there are some cases where employees may be unsure about whether an at-home injury was truly work-related.

Generally, an injury that occurred during remote work will be considered work-related if it arose out of the work a person performed. If a person spilled water in their kitchen while getting a drink, then slipped on the spill and hurt their wrist, this may not be considered a work-related injury, since it did not occur while they were performing work. However, if a person injured their back while lifting a box of documents that they had brought home from the office, this will most likely be considered a work-related injury.

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IL accident lawyerDuring the COVID-19 pandemic, many people were hopeful that reduced traffic would lead to fewer car accidents. With more people working from home, as well as a reduction in the amount of time people spend face-to-face with others, this has led to fewer vehicles on the road. Unfortunately, decreased traffic has not had the positive effect that was hoped for, and in fact, pedestrian accidents have increased significantly over the past couple of years in Illinois and throughout the United States. In many cases, these accidents are fatal, and many pedestrians suffer wrongful deaths after being struck by negligent drivers.

Reasons for the Increase in Pedestrian Fatalities

Although it makes sense to expect that decreased traffic on the roads would be safer for pedestrians, this has actually led to an increase in dangerous driving behaviors. Open roads have given drivers the opportunity to exceed the speed limits more often. At the same time, many police departments have decreased their enforcement efforts in the name of protecting officers from potential infections by reducing person-to-person contact.

Increased rates of speeding have been even more dangerous when coupled with other unsafe behaviors by drivers. Rates of drug and alcohol abuse have increased during the pandemic, meaning that more drivers are getting behind the wheel when they are under the influence of these substances. Increased stress levels have also led to unsafe driving practices, and some experts believe that when people put so much mental effort toward preventing infections and maintaining safety during their daily lives, they are less likely to focus on driving safely. Because of this, many drivers may behave aggressively or take risky actions, putting pedestrians at risk.

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b2ap3_thumbnail_shutterstock_1386822404.jpgAccidents happen. Whether a slip and fall accident occurred after walking on an icy path, slipping on a spilled liquid in your local grocery store or a loose step that wasn’t secured properly on a stairwell, these types of personal injuries can be serious. It is important to understand your rights when looking for financial compensation for medical needs after sustaining a slip and fall injury. If you, or a loved one, slipped on something faulty, unsecured, or otherwise dangerous, a personal injury attorney may be able to secure financial compensation for you. 

Who Is Liable?

The first thing that is important to understand in personal injury law is how to determine liability. Liability refers to the legal responsibility for an injry. In slip and fall cases, a party can be held liable for an energy if the party produced a faulty product or neglected to ensure proper warning or safety standards for a product or situation. Real-world application of this may look like:

  • A grocery store is liable for a customer slipping on a spilled liquid that was not cleaned up and there was no sign indicating a slippery surface

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 wheaton personal injury lawyerAlthough most people do not anticipate becoming a car-crash victim on their daily commutes, motor vehicle accidents occur each day. Car accidents can lead to life-long injuries and can often be fatal. During a car accident, it is important for all of the parties involved to remain at the scene of the crash until police arrive, receive medical attention, and identify the reason for the accident. Police will make a report on the accident that can assist with filing an insurance claim or seeking compensation for injuries resulting from the crash. However, how can a car accident victim proceed in suing for the injuries sustained from an accident if the other party flees the scene? 

What is a Hit-and-Run Accident?

A hit-and-run accident refers to any sort of vehicular accident where the person at fault flees the scene. Typically, hit-and-run accidents look like:

  • The at-fault driver drives away from the car accident after hitting another driver 

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wheaton workers compensation lawyerOccupational injuries can come in many forms, including muscle sprains, broken bones, and slips and falls. Sometimes, the injuries sustained by an employee on the job are severe enough to cause long-term inability to work. In these scenarios, the employee may end up losing money they would have otherwise earned due to their reduced capacity to work from the injury or their employer’s unwillingness to accommodate for the injury. The implications can be life-changing and cause hardworking individuals to lose income. 

Understanding Your Work Injury

Depending on the occupational injury sustained by the individual, they may be entitled to receive benefits that compensate for wage loss. Some types of injuries, including a traumatic brain injury, long-term back or neck injury, or even carpal tunnel syndrome, can cause workers to lose their ability to work in the same capacity they were before. For example, a truck driver who has developed carpal tunnel syndrome from driving over the course of many years may still be eligible to work, but unable to continue driving. If the employer is unwilling to accommodate the driver by giving them a new role that doesn’t aggravate their injuries, that driver may be entitled to compensation for lost earning capacity. Similarly, if an employee sustains a brain or spinal injury on the job and is no longer able to work, that individual may also be able to receive workers’ compensation benefits including compensation for lost income. 

Filing for Workers’ Compensation

If you or a loved one has sustained a workplace injury that resulted in wage loss or reduced earning capacity, a workers’ compensation attorney can help guide you through the process of filing for benefits. The Workers' Compensation Commission of Illinois offers paperwork that can be filled out and filed detailing the injury and request for compensation. Then, an arbitrator from the court will listen to each party’s side and determine a decision on the case. If you feel that you were not awarded your rightful compensation or wage loss benefits, your attorney may file a court appeal to review the decision that was made. 

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b2ap3_thumbnail_shutterstock_1918872311.jpg Delivery truck drivers are often exposed to extreme elements on the roads. From car accidents on slippery black ice to carpal tunnel from long, uncomfortable drives, truck drivers who experience an injury on the job can file for workers’ compensation. In the state of Illinois, worker's compensation claims can yield significant financial damages to an injured driver. If you are a truck driver who was injured on the job, workers’ compensation lawyer can help you fight for your rights.

Types of Workplace Injuries on the Road 

There are a variety of injuries that can occur on the job as a delivery driver, especially in the state of Illinois. Typically, truck driver injuries are a result of unsuitable weather conditions leading to an accident, vehicle malfunction and bodily injury from long drives. The following list explains the most common types of injuries that delivery drivers can use to file for workplace compensation:

  • Injury from a car accident — Due to the nature of being a truck driver, there is a high risk of being in a car accident. Car accidents can occur from bad weather, another driver, or vehicular malfunction.

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