The Importance of a Work Injury Lawyer

Life is not predictable, anything can happen at any instant of time so you should always be prepared for it. You may meet an untimely accident anywhere you go and it can potentially do lots of damage to you both physically and financially. Any employee who undergoes an injury at work, which resulted from the negligence of their employer, may be permitted to file for work injury compensation in Illinois.

After a workplace accident, getting in touch with a work injury attorney is an employee's first line of protection against losing money and helping to prevent future risks to earn a suitable income. Work injury compensation is a way for injured employees to claim compensation for medical operating expense, lost wages, and emotional shock associated with an accident. The employee can always approach the insurance company with a help of an Illinois worker compensation lawyer.

There are many insurance policies in place to protect the rights of an employee who has been hurt on the job. Contacting a worker’s compensation attorney in Illinois who knows the legalities of employee insurance order, who is familiar with the state-by-state details of the insurance system and who has the employee's best interest in mind is highly recommended in order to get the compensation legally accessible to the injured party. If an employee gets hurt as a result of a work place accident, it’s important that they act quickly to secure well-informed and capable legal representation immediately after the medical treatment has been started.

“Insurance to protect employees in the case of job site accidents or workplace illnesses began in the United States during the early 1900s. In response to this Maryland was the first state within the United States to require employers to carry insurance policies to cover accidents and illnesses.”

The advantage to employers from this system is that Illinois Workers Compensation Attorneys are permitted to assist their client’s to collect the appropriate claim from the insurance company and prevents unnecessary lawsuit to be filed against the employer. This encourages out of court settlement as well which saves undue risks to the employee as well as the employer. This section of insurance also covers claims on a no-fault basis. As a result, employees filing a claim no longer have to prove negligence intention of the employers.

In certain situations an employee may also file for a third-party claim along with a workers compensation claim. A third party claim is filed when the accident occurs due to the negligence of a party other than the employer. This claim may help the employee receive a better compensation settlement, which will help them recover from their illness and cover their lifestyle expenses. In a third-party lawsuit, an injured worker may be unrestricted to recover past and future medical expenses, loss of pay, property damage, and compensation for pain and distress. This compensation is not totally covered by workers' compensation claims. In workers' compensation claims, a worker's benefits are usually limited to medical expenses, disability compensation, and a cash award in cases where the injured worker has continual permanent disabilities. Disability benefits and cash awards are normally restricted to certain situations. An employee may not always receive both the disability and compensation benefits; such benefits are usually claimed in case of serious disability to the injured employee.

For instance: In a third-party case where the employee is wounded on the job due to a faulty product, such as a machine or a tool, the employee may be permitted to chase a products liability lawsuit against the manufacturer or supplier of the defective product. While following the third-party claim, the employee may still obtain benefits through their employer's workers' compensation insurance.

The Law Office of Bradley Dworkin, work to improve their clients’ lives by protecting their rights and ensure they receive the maximum possible compensation they need to support themselves and their loved ones from a work injury claim in Illinois. Visit www.illinoisworkinjuryattorney.com today for a Free Consultation for your work-related injury claims.

Have You Sustained a Construction Work Site Accident

Working at a construction site is one of the most unsafe occupations. Construction workers have one of the most physically challenging and dangerous jobs in the USA. In fact, figures indicate that construction accidents are six times more likely to result in a fatality than accidents in any other industry. As a result of both, its understandable the inherent dangers associated with construction work. When a construction site accident occurs, the employers, owner, insurance companies and manufacturers of tools can be held accountable for not following safety guidelines.

The general contractor and all subcontractors are required to provide a safe work site with hazard warnings notifying the employees of potential accidents and how to avoid a potential injury situation. The employer should provide appropriate training on how to use heavy equipment safely and should supervise the work environment for potential situations which may cause an accident. All safety measurements and a basic medical facility should be easily accessible in case a mishap does occur.

The most severe injuries are usually due to falls from heights. However, even the smallest of mistakes can result in serious injury. Due to the huge number of dangers and hazards present at a construction site, many personal injury and workers compensation cases have been a direct result from the following injuries:

  • Broken and/or fractured bones (arm, neck, leg, back)

  • Traumatic brain injury

  • Spinal Cord Injury

  • Burn Injuries

  • Quadriplegia

  • Paraplegia

  • Wrongful Death

  • Roof crush accidents

Severe injuries to construction workers can dramatically affect their lifestyle and may result in permanent disability as well. Since construction work is usually heavy duty or moderate duty work, a serious injury can result in loss of a wage earning career. Since tradesmen are usually paid well and have excellent benefits, it’s almost impractical for the injured worker to find a comparable job. Too many households have fallen apart over such disasters and in several cases the injured workers are not aware of their rights.

Other causes of construction injuries include faulty products and negligent manufacturing. In such cases, the claims would be against the manufacturer of the products causing the construction site injury rather than a construction company.

For instance, a 56-yr-old painter suffered a head injury when he fell from a scaffold owned by the homeowner which was provided to the painter. In this case the painter was not only eligible for a workers compensation claim but also filed a third party claim against the homeowner.

In a similar case, a 34-yr-old man sustained a broken clavicle that required surgery when a portion of steel fell on him at a construction site. The man also began having head pain four months later and was diagnosed with a closed head injury. It was established that the employee was injured due to the negligence of a third party on the construction site.

Construction accidents may result in short-term injuries, lasting injuries or even death. Depending on the injuries, the injured party may file for a compensation for their pain and suffering, disability, medical expenses and loss of pay. In case of a fatal accident, the family of the deceased can seek compensation for their loss.

If you’re injured in a construction site accident, then for assistance and to get the right compensation, you need an attorney who has experience dealing in construction site accidents cases.

If you have been injured on a construction site and are facing difficulties receiving the compensation, the highly experienced attorneys of the Law offices of Bradley Dworkin can offer the right assistance. Visit www.illinoisworkinjuryattorney.com today to schedule a free consultation.

How To File A Workers’ Compensation Claim

Under the Illinois Workers Compensation Laws your claim can be resolved through the following ways:

Large amount settlement- A conclusion is a fixed amount of money agreed upon by you (or your attorney with your approval) and the representative of your employer’s worker’s compensation insurance company. Once the conclusion is agreed upon, documents are signed by all parties and then submitted for consent to the judge assigned to your claim by the Illinois Workers’ Compensation Commission.  Upon approval of the settlement by the judge, claim will be officially closed.  Your employer is under no legal obligation to provide you with any further benefits.

Hearing- If your claim was denied by the insurance company or if you cannot agree on a workers compensation settlement, you can have your claim heard before a judge of the Illinois Workers’   Compensation Commission.   You will have a chance to present proof and witnesses to the judge in lieu of your claim.  After hearing all the evidence, the judge will then decide on whether you are permitted to receive workers’ compensation benefits for your injuries. If the case is adjudged in your favor by the judge the employer or the insurance company will have to compensate you regularly until you are fit to get back to work and earn wages or provide lump sum settlement as adjudged by the court.  Also, all medical expenses will be covered. If you are unhappy with the judge’s decision, you can refer to a panel of commissioners of the Illinois Workers’ Compensation Commission. Your employer also has the right to file a plea against the judges’ decision.

A hearing before a judge is a legal proceeding.  The insurance company will be represented by an experienced attorney thus placing you at a vast disadvantage. It is not uncommon for a judge to tell an unrepresented worker to hire an Illinois worker’s compensation attorney. 

Here are a couple of successful instances where the cases were resolved in favor of the employee.

A 30 year old man injured his back while working in a construction driller site while attempting to pull out a railing post out of the ground. He was not informed that the railing had been concreted a couple of years earlier. He felt a sudden pain in lower back region, which spread out down to his right leg. Since the accident, he has undergone two back operations, along with steroid injections and a six-week pain management programme. Recently, he had to insert in his back a Dorsal Colum Stimulator for pain relief.

He has been unable to work since the accident. Doctors have diagnosed him with a 15 % permanent injury of the back. He initiated a workers compensation claim and his matter settled through negotiation, with him receiving $798, 000 plus an award for costs.

In a similar case, a 22-year-old farm laborer was injured when instructed by his employer to clear weeds out of an operating potato harvester by jumping on them. He was dragged into the machine and sustained terrible devastating injuries to legs and pelvis. He made quite a good orthopedic recovery but was left with pain, scarring, restricted movement of legs and bowel dysfunction stress. He was due to start a $800.00 net per week truck driving job the next week.

He has only been able to undertake light employment since accident for about one month in total. He has been unemployable, depressed, upset by the appearance of his legs and socially withdrawn since the date of the accident. His condition is not likely to improve.

The employee filed for a Common Law claim and received $600,000 in addition to the $180,000 already paid by the Workers Compensation Insurer in weekly benefits and medicals.

If you have been injured on the job and are thinking about filing a Chicago workers compensation claim, contact qualified workers compensation attorneys in Chicago at http://www.illinoisworkinjuryattorney.com. Your consultation is absolutely FREE.

Hiring Workers Compensation Lawyers in Chicago, Illinois

Accidents do happen, but accidents that result in serious personal injuries such as a back injury have the prospective to dramatically impact your daily life. It leaves you with agonizing pain and severely damages your quality of life because of another party’s carelessness. Surgical interference can help. Therapy can ease some of the pain. If you are living with soreness that forces you out of work, you need compensation to support your livelihood.

Unfortunately, many of the wounded workers in Chicago, Illinois do not worry to file for workers compensation or do not understand their legal rights and miss out the form filling or claiming for workers compensation.

For instance, a woman who was injured at work was not aware that she could file for a claim until she got the right help. She was harmed while trying to help staff control an upset patient who has learning disabilities while being employed with Anixter Center, a company that works with people with disabilities. After the incident she had pain in her neck and low back for several days, wherein she was treated in Orthopedic & Occupational Rehabilitation Center. During the treatment she claimed for her injuries obtained the right compensation successfully.

Back injuries are the most common types of injuries that worker compensation lawyers handle. Back injuries can range in strictness from sprains to bulging and herniated disks. For instance, an injured back may result in significant permanent pain, loss of your job, permanent disability, surgery, etc. Workers are allowed to claim their back injury settlements as soon as they end up in medical condition.  Majority of insurance companies will limit an insured worker's ability to inquire about proper medical attention. Often we see insurance companies contradict treatments, steering clients to "insurance" doctors, refusing tests and generally manipulating doctors and claims. You are entitled to a monetary compensation for all back claims.

The victims are generally not aware of the nuances of injury laws. Dedicated lawyers can help the situation by spending sufficient time to explain the complex legal issues and help take the right decision to try your case successfully. They can handle cases in which clients have suffered an injury due to a one-time accident or continual stress. It is critical that you engage an experienced and knowledgeable work injury attorney and discuss your case at the earliest.

The Law Office of Bradley Dworkin’s Chicago workers’ compensation attorneys have 19 years of experience in conducting various types of work injury related cases and have handled over 1000 back injury claims. Their team of lawyers and staff are committed to the clients' well being.

Why You Need a Chicago Workers Compensation Lawyer

When you have undergone a work accident, it's vital that you obtain all the right compensation to which you are entitled. Mistreatment of your workman's compensation claim can result in a phase where you are physically not capable to work and you are left with no earnings. Your finances can rapidly get out of control.

With a workers compensation claim, a jury may find an employer legally accountable for several types of damages. For example, medical bills and loss of wages may be part of the damages claim. The applicant may also undergo significant pain and suffering due to his or her injury. All of these factors are considered worthy of compensation under personal injury law to help the victim to regain normalcy as much as possible and return back to the lifestyle they enjoyed prior to the injury.

For instance, experiencing a back injury at the place of work can bring your employment and earnings to a halt. Back injuries are severe and need to be examined by authorized medical personnel as soon as possible. Many different work situations can lead to a back injury. It is essential that back injuries that you have experienced are diagnosed immediately and under expert supervision. Workers compensation law firms handle cases in which clients have endured an injury due to a one-time accident or continual stress. Some of the types of back injuries that are common include:

  • Spinal cord injury (leading to paralysis or other impairment)
  • Chronic back pain
  • Lower back injury (sprains and strains)
  • Herniated disc

Our Chicago workers compensation lawyers understand that filing a workers compensation claim can seem to be discouraging tangle of complex court matters, intimidating legalese, and endless paperwork. Workers compensation attorneys make the process of filing for a claim simple, quick and effective to obtain maximum compensation possible for their clients due to their tremendous experience and expertise with the process.

Additionally, without the appropriate Chicago workers compensation attorney, an injured employee may encounter many types of difficulty while getting money from insurance company. Firstly the insurance company may ask them for legal credentials and after that they will take lot of time to process the claim. But our Chicago workers compensation attorneys’ help workers to get their money on time with no hassles.

As a dedicated Chicago workers compensation law firm, our practice focuses on workers compensation claims in the Chicago area. This focus has allowed us to help our clients in cases such as carpal-tunnel worker compensation, back injury settlement, 3rd party claims and more. Our legal team considers all possible situations of the case and guarantees a rapid settlement process. They use their vast experience to provide a multi-faceted attitude to the practice of law.

Visit www.illinoisworkinjuryattorney.com  for Chicago workers compensation attorneys to begin the process of concluding your case today. Your consultation is free.

Drug Testing to Help Reduce Chicago Workers’ Compensation Claims?

Two of Chicago's most powerful alderman have proposed that all city employees be subjected to random drug and alcohol testing in an effort to “reduce the number of accidents and workers’ compensation claims filed by the city,” according to the Chicago Sun-Times.

The paper reports, "Finance Committee Chairman Edward M. Burke (14th) and Pat O’Connor (40th), Mayor Rahm Emanuel’s City Council floor leader and chairman of the Committee on Audit and Workforce Development, say random testing would minimize “errors in judgment” by city employees on duty."

The recommendation comes on the heels of an incident that occurred last month involving a city employee driving into a sidewalk filled with pedestrians while allegedly under the influence or alcohol.

Additionally, the city is facing a $1.2 billion per year deficit, and reducing workers compensation claims may be an effective way to save necessary funds. Research from the National Institute of Drug Abuse shows that workers who abuse drugs and alcohol are five times more likely to file workers' compensation claims.

There are many employees who do have legitimate reasons to file workers' compensation benefits. Our Chicago workers compensation attorney advises workers that they may be entitled to the following benefits if they are injured at work:

1) Temporary Total Disability: Weekly payments which amount to approximately 67% of your salary.

2) Two Medical Opinions: You are entitled to see two doctors of your choice at the expense of your employer. Additionally, if these doctors refer you to other specialists, your employer must also cover those additional expenses.

3) Permanent Disability: This is a settlement for your workers compensation claim.

These three items are just a brief over view and in addition to the basic rights you have under the Workers' Compensation Act, the Illinois Workers' Compensation Commission rules and thousands of cases that the Illinois courts have ruled on establish the legal precedent.

If you have been injured on the job and are wondering about filing a Chicago workers compensation claim, contact a qualified workers compensation attorney in Chicago today.

OSHA Fines Company $1.2M Over Workplace Hazard

Earlier this week, the federal Occupational Safety and Health Administration (OSHA) fined AMD Industries more than $1.2 million for exposing five workers to asbestos while requiring the removal of the material without required training or protection.

Additionally, OSHA indicated that AMD did not warn workers of the health risks of asbestos exposure or provide respirators for use during the removal.

According to the Chicago Sun-Times, "OSHA says a 2002 safety audit commissioned by AMD for its Cicero facility uncovered the presence of asbestos, but the company did not hire experts to remove the material. Instead, the agency says the company in 2010 began using its own untrained workers to remove the material until regulators found out."

The mission of OSHA is to ensure healthy workplace environments for working men and women. They enforce standards and work to educate and train people on work safety. Thanks to their standards a work injury attorney in Chicago can easily determine if your work conditions led to an injury that is cause for a workers compensation lawsuit.

Asbestos is a highly toxic material. Because of the danger of the material there are businesses who's only service is to provide asbestos removal. These professionals know how to handle the material to keep others safe and also know how to protect themselves to avoid inhalation during the removal. Having untrained workers handle asbestos is extremely dangerous.

Hazards of Asbestos Exposure in the Workplace
Many workers have become ill after being exposed to asbestos in the workplace. These individuals, and sometimes their families, are at a high risk of developing the following debilitating or even fatal illnesses from asbestos exposure.

- Lung Cancer
- Asbestosis (causes major breathing issues due to massive scarring of the lungs)
- Throat Cancer
- Kidney Cancer
- Cancer of the esophagus
- Cancer of the larynx
- Mesothelioma

There are steps that employers can and should take to prevent employees from asbestos exposure. If you or a loved one are concerned about exposure to asbestos at work or are suffering from any of the related above conditions, contact a work injury attorney in Chicago right away.