Are You an Injured Worker Looking to Return to Work? Vocational Rehabilitation and Retraining OptionsThe object of vocational rehabilitation and retraining is to help people who have suffered an injury or illness rebuild their skills. It may even be possible for an injured worker to return to their previous job. If you have long-term or permanent injury limitations, there is a possibility that you can also be trained and return to work in a different type of job. While laws vary from state to state, you may be entitled to payment for your vocational rehabilitation services through workers’ compensation benefits. Payment may be required from your employer, the state, your employer’s workers’ compensation insurer, or a combination of these three. Where to start: Under Illinois court rulings, three key factors determine if vocational rehabilitation is possible: Under Illinois law, the factors which weigh against vocational rehabilitation include any evidence that rehabilitation has been unsuccessfully tried in the past with the particular injured worker, or that the worker has sufficient skills without rehabilitation that would allow them to return to work. At this point an injured worker in Illinois should consider consulting with their attorney and hiring their own vocational counselor. A counselor can recommend schooling, apprenticeship programs and retraining rather than simple job searches. The injured worker’s attorney can then petition the Workers’ Compensation Commission to adopt any retraining the injured worker desires. In addition to the basic benefits an injured worker should be recieving, they may be able to be retrained in a new career. The law offices of Bradley Dworkin has successfully forced many insurance companies to retrain injured workers. Insurance companies are simply interested in minimizing the cost of your claim, but we are here to get you the assistance you deserve. For additional information on pursuing vocational retraining for a return to work, or any work injury inquiry, please contact us today! DISCLAIMER: All information on this website are provided for informational purposes only and are not intended to be construed as legal advice. The Law Offices of Bradley S. Dworkin shall not be liable for any errors or inaccuracies contained herein, or any actions taken in reliance thereon. Illinois Workers Compensation Law Firms – How Can They HelpAccording to recent legal statistics, nearly 3 million Americans are injured on the job or become sick due to a work-related illness every year. Statistics also indicate that majority of the injured victims are not aware of their basic worker rights or do not file for a claim. In cases where a claim has been filed lack of action on behalf of the employee or lack of appropriate legal guidance has resulted in the claim being deferred or unsettled. In such situations workers compensation law firms provide an end to end solution for employees to file for a successful workers compensation claim. Illinois workers compensation law firms are well aware of the legalities and the process to file an effective claim. The process to file your claim can be resolved one of the two ways: In the Court – If you feel that you have not received justice and your claim has been denied, you may approach the legal bench for justice. Workers compensation law firms will give you a chance to present your case before the judges of the Illinois Worker’s Compensation Commission. It will give you a chance to present the proof and witness to the judge so that they can give it due consideration. Once the evidences are checked thoroughly, the judge decides on whether your demand is justified or not. If you are satisfied by the judgment they will have to compensate you weekly or as decided based on your condition. The compensation would involve loss of pay, medical benefits and compensation for the emotional or mental trauma the victim has undergone. If you are not happy with the judge’s decision, you can appeal for a rehearing to a panel of commissioners of the Illinois Workers’ Compensation Commission. Big monetary settlement – In this type of case a decision is reached when an amount is fixed from both sides – your attorney with your approval and the representative of your employer or their worker’s compensation insurance company. Once both the sides agree upon the decision, documents are signed by all parties and then submitted for consent to the judge assigned by the Illinois Workers’ Compensation Commission. Once the settlement is approved by the judge, money will be disbursed and the claim will be officially closed. After that your employer is no more liable to pay you with any further benefits. The above proceedings involve complex legalities and documentation process which an injured employee may not be able to handle. The workers compensation law firms will work with you to understand your situation and make the process of filing for a claim smooth and hassle free for their. Chicago worker compensation attorneys are well equipped with the right resources, tool and knowledge required to handle complex workers compensation claims. An experienced attorney realizes how important the claim if for the injured worker and his / her family. For instance, a 22-year-old farm laborer was injured when he was clearing weeds from an operating potato harvester. He was dragged into the machine and sustained critical crushing injuries on his legs and hips. He made quite a good orthopedic recovery but was left with long-term pain, scarring, restricted movement of legs, bowel dysfunction and post traumatic stress disorder. He was due to start a higher paying job in the near future. He was not able to take that up as his physical condition allowed him to do only light work. He exercised his rights as a worker and approached a worker’s compensation law firm who guided him through the legal process to ensure he received the appropriate settlement. If you would like to know more about worker compensation laws and law firms please visit www.illinoisworkinjuryattorney.com . You may also contact 1- 888-853-4878 to schedule a free consultation. What is Illinois Workers’ Compensation Act / Law?The state of Illinois has provisions to protect workers who fall victim to any sort of mishaps at their work place. Anybody who is injured while working can benefit from the Illinois workers' compensation program, until he or she recovers. Under the current Illinois workers' compensation program, an employer is obligated to provide medical care and pay for all mandatory visits to a doctor. Though in a normal work injury related workers' compensation case, there may be some debates as to how much medical care is really needed and how much medical care an employer must provide for. Illinois Workers' Compensation Act allows an employee the right to receive medical treatment from two physicians (general practitioner) of his or her choice. Besides that, those two general practitioners are able to refer the employee to any other specialists or doctors they feel are necessary. This is known as the “chain of referral" and every general practitioner in a chain counts as only one of the two physicians that an employee is allowed under the Illinois Workers' Compensation Act to see at the employer's expense. Some employers and insurers might avoid paying for the physicians stating that certain physician is not authorized. They might try to confuse the victim so as to avoid payment. If you face such a situation, you should consider yourself in a delicate and possibly insecure situation and it's highly advisable that you see an experienced lawyer regarding your claim. The Chicago worker compensation lawyer will get you in touch with a doctor or physician that you trust and are guaranteed under the Illinois Workers' Compensation Act. When someone has been injured, he does not have the time and patience to sort out the financial issues. In such a scenario receiving the financial cover for medical expenses under the Illinois Workers' Compensation Act is a huge relief and is also a matter of right for a worker. The Illinois workmans compensation laws do not give your employer any right to authorize a physician, nor do they give the right to refuse any licensed physician. But it's also important to note that, under the Illinois Worker's Compensation Act, your employer or employer's insurance company is not bound to provide authorization for a payment. Such as scenario occurs only when a physician refuses to provide treatment for any reason. This isn't a very common situation, but if it does occur in your case, once again, it's very important that you see a lawyer. Also, in some cases, there is an agreement between the management and workers’ unions that only allow an injured employee to select from a list, or panel, of physicians provided by the employer. If your employer is one that offers a panel, you will be able to set up an appointment with one of the doctors on the panel with the employer or insurer paying the bill. It is also possible that the employer will try to convince you to select a particular physician, one that the employer has a connection with. Injured employees should be aware that, under the Illinois Workers' Compensation Act, they are under no obligation to see the physician that their employer would like them to see. Always remember that while it's not always the case, there is a possibility that a doctor who's favored by your employer may not have your best interests at mind. You should meet the physician you are comfortable with. If you or your loved one is interested in knowing more about Illinois Workers' Comp Law and wants to file a workers’ compensation claim, please contact experienced Chicago workers compensation law firm, The Law Office of Bradley Dworkin’s, at 1-888-853-4878 or visit www.illinoisworkinjuryattorney.com. Illinois Workers Compensation Laws Help Protect Your Basic RightsIn today’s highly competitive modern business world you tend to spend considerable amount of time at your workplace. And regardless of your profession, there always exists the risk of sustaining an injury in the workplace. There can be multitude of factors that can lead to accident or injury in the workplace. Work place injuries can be caused due to lifting heavy equipments, repetitive stress syndrome, negligence of co-workers, lack of safety guidelines or the design of the workplace not conducive to perform regular tasks are some of the factors that can lead to accidents. Whatever the cause, it’s important to identify the cause and take corrective action to prevent accidents in future. And in the event of an unfortunate accident, the injured worker should be aware of his / her basic Illinois workers rights as defined by the workers compensation laws. Illinois workers' compensation law permits employees who have been injured while on the job to receive compensation from their employer or their insurer while they recover from their injuries. Under the Illinois workers' compensation program, an employer is mandated to provide medical care and pay for all necessary visits to a doctor. The law also states that an injured employee has the right to receive medical treatment from two physicians of their choice. In addition, the physicians approached by the employee can refer other specialists or doctors they feel are necessary to treat the injuries effectively and help the employee regain their lifestyle prior to the injury. This is called the "chain of referral" and every physician in a chain counts as only one of the two physicians that an employee is allowed under the Illinois workman compensation law to consult at the employer's or their insurers expense. The OSHA (Occupations Safety and Health Administration) clearly identified safety guidelines the employers must enable a safe and healthy work environment. There are specific safety measures that should be in place at all times. If a company fails and ignore their liabilities which results in a work place accident, then the injured employee can file a case for worker compensation benefits. An injured employee may face situations wherein their employers or insurers may try to defer their claim on various grounds. The employee may feel helpless in such situations and end up losing the compensation they deserve. An experienced Chicago workers compensation lawyer can liaise on your behalf with the employer or their insurance company to help settle your case effectively. They will guide on all aspects of workers compensations laws and guide you through the process to ensure justice is delivered. For instance, a large machine designed to extract hot iron rods from an electric furnace in a steel factory tipped and pinned a maintenance worker. The accident resulted in severe burns and broken limbs. The machine lacked a device, which would have prevented its collapse during routine maintenance. Initially the employer tried to deny the claim stating various reasons; however the injured employee’s workers compensation attorneys pursued the case legally and obtained a favourable settlement for the employee. Filing a claim for Illinois workers compensation can be quite complex due to the many regulations that must be met and if an employee is unaware of their rights then they might not receive appropriate benefits for their injuries. Individuals also fail to file for a claim for fear of losing their job or being harassed by their employer or insurer after filing a claim. Whatever the circumstances are, it is always wise to seek the professional help of an experienced Chicago workers compensation lawyer. If you have been injured on the job and require help to file an effective Illinois workers compensation claim, please visit http://www.illinoisworkinjuryattorney.com/ or call at 1-888-853-4878 . Your consultation is absolutely FREE. Illinois Workers Compensation Claim For A Traumatic Back InjuryAccording to recent legal statistics, nearly 3 million Americans are injured on the job or become sick due to a work-related illness every year. Work place injuries can occur from an unexpected accident or by performing recurring work related tasks. One of the most common injuries an employee suffers at work place is related to back injury. Back injuries can occur due to lifting of heavy weights, static posture for prolonged hours, recurring performance of motions which place strain on the back such as bending or twisting and any action which directly impacts the back area of the body. Workers compensation claims for back injuries are the most frequent cases handled by Illinois workers compensation lawyers. Back injuries can be one of the most traumatic injuries an employee can experience and some of the most common types of back injuries include:
Many of these back injuries take a long time to cure and some injuries can leave the worker permanently injured. This situation can cause severe financial and physical distress to employees and their family. Illinois workman’s compensation law helps protect the rights of workers suffering from back injuries or any other type of injury they have sustained on the job. The workers' compensation system will give a numerical value to the level of the back injury, which is in direct proportion to how devastating the injury is to the worker. The type of benefits available to employees is different in each state, and the most common include:
When an employee becomes injured or contracts a work-related illness, they must report the injury to their employer at the earliest and also seek immediate medical attention. Failure to do so may result in the employee being deprived of worker compensation benefits. Each state have their own rules regarding how to file a workers' compensation claim and details can be obtained by contacting the Workers' Compensation Office in your state. The basic action an employee should consider involves attaining the relevant workers compensation related forms from the employer or their insurer and filing out details such as cause and extent of the injury, potential witnesses of the accident and detailed listing of doctor's diagnosis and treatment recommendations. Once a claim has been filed, it will be sent to the employer's insurance company for review. If due to unfortunate circumstances the claim is denied, the employee can take the following recourse:
In order to file an effective workers compensation claim, you should consider retaining services of an experienced Chicago workers compensation attorney. They would be aware of all legal aspects involved in filing for back injury settlements. An experienced attorney will be able to overcome all points raised by your employer or their insurer to deny your claim. Attorneys at The Law Offices of Bradley S. Dworkin the workers’ compensation lawyers are dedicated to helping their clients receive the maximum possible compensation for their pain and suffering. Please visit http://www.illinoisworkinjuryattorney.com/ or call at 1-888-853-4878 to schedule a free consultation. Information Regarding Third Party Workers’ Compensation ClaimWhen a worker sustains injuries on the job, they are legally permitted to file for a claim under Illinois Workers' Compensation Act. While it’s the responsibility of an employee to adhere to all safety guidelines, the employer should ensure that they create a secure and safe working environment. The employees should be given clear instructions regarding their job responsibilities and training to perform the required job related tasks. The employer should also provide emergency medical care facilities and create an appropriate communication channel for the employees in the event of an unfortunate workplace accident. It may also happen that an accident is caused due to the negligence of a third party (non employer). Illinois Workmans Compensation Laws state that injured workers may also have substantial rights under state and federal laws allowing the recovery of monetary damages from a "third party,”. A party is an individual or company other than the employer of the injured employee(s), whose negligence resulted in a workplace accident. The right to claim third party workers compensation are over and above the rights guaranteed by Illinois Workers' Compensation Act. A “third party claim” condition arises when the accident is caused due to contractors or employees of another company, defective or dangerous products supplied by manufacturers, negligent operation of a motor vehicle, or violation of a state or federal statute. Under these circumstances an injured employee can file for a "third party" claim in conjunction with a workers' compensation claim. The compensation obtainable through “third party” claims is generally greater in dollar amount than the workers' compensation benefits that would be available for the same injury. Determining who is eventually responsible for your workplace accident can be a complex matter. Hence, to establish a successful “third party” workers compensation claim process, it’s necessary to conduct a prompt investigation and thorough legal research. Common examples of third party claims include:
An employee should be aware of their rights to ensure they receive all applicable compensation and benefits for their injuries. It may happen that your employer or their insurer establish a case of third party while denying you workers compensation claim you are entitled to receive from your employer. Similarly, the third party insurer can dismiss your case if you are unable to determine the exact cause of accident and appropriate action is not initiated. It is important to note that the time limits for filing a "third party" claim may be longer or shorter than those that apply to the workers' compensation claim, even though the two cases are based upon the same incident. The claim process depends on the type of lawsuit and the identities of those responsible for the accident which results in a "third party" claim. An experienced Chicago workers compensation lawyer will carefully examine the accident scenario, discuss with all parties involved and then determine the course of action. They would conduct thorough research of the situation leading to the accident and if necessary visit the site to determine the exact cause and parties involved in the accident. In the event of a “third party” involvement, Chicago workers compensation attorneys would ensure you receive the workers compensation claim as well as the benefits of a “third party” claim. Attorneys at The Law Offices of Bradley S. Dworkin have 19 years of experience in conducting various types of work injury related cases. They handle all cases including third party liability claims on a contingency basis. To know more about Illinois workers compensation claim process, visit www.Illinoisworkinjuryattorney.com or call 1- 888-853-4878. Work Related Injuries Covered By Workers Compensation LawIn Illinois, thousands of workers are injured each year while performing job related duties. There are several types of injuries a worker can sustain and lack of information regarding basic worker rights can lead to insufficient claim settlement. Workers should be aware of the compensation process and the types of injuries covered in order to file a successful claim. Mentioned below are few types of injuries that are covered by Illinois workers compensation laws. Recurring Trauma Distressing Physical Injuries Work-related Diseases Psychological Injuries For instance, a 59 year old man working as a crane driver in a construction company suffered hearing loss due to exposure to excessive noise. He had to work in an environment where the sound levels were very high and he was not provided any ear protection gear by the employer while performing his duties. Constant exposure to high sound levels resulted in the worker losing his hearing capability which in turn led to severe emotional distress. The worker couldn’t concentrate on his work or personal life following the accident. He filed for a worker compensation claim which was denied initially and he then filed for a worker compensation lawsuit. After the filing of a lawsuit and many depositions the worker was duly compensation for his injury and suffering he had to undergo due to the injury. A skilled Illinois Workers' Compensation Lawyer can help you determine whether the insurance company is fairly compensating your claim for work related injuries. A knowledgeable Chicago work injury lawyer can also help to determine whether a person is eligible for permanent or partial disability payments apart from additional claims for emotional distress . If you have been injured on the job and are thinking about filing an Illinois workers compensation claim, contact qualified workers compensation attorneys at http://www.illinoisworkinjuryattorney.com. Your consultation is absolutely FREE. Construction Site Accident – Get The Right HelpWorking at construction sites requires individuals to be alert and aware of the safety guidelines at all times. A construction site is a complex working environment accidents can occur not only due to the negligence of others but also due to reasons such as faulty equipment, not being aware of safety guidelines etc. Construction sites are governed by strict rules and regulations to keep workers as safe as possible. Government guidelines and the threat of litigation have both contributed to construction company owners to consider safety measures very seriously than ever before. However, there are still some very real and serious risks involved when working on construction sites. Despite precautions to keep workers safe, workers are still endangered by the very nature of the work they do and the equipment they deal with. Dangerous equipments malfunctioning, fellow workers negligent actions and other work hazards can compromise a construction worker's safety at any time. When construction workers are injured on the site, there are legal options available to obtain injury compensation benefits. Many workers believe that their insurance will be taken care of by workers compensation, but few realize that many of the benefits of workers compensation may be deferred if not carefully pursued. Moreover, a basic workers compensation may not provide enough money to take care of all an injured worker's needs. For this reason, it is important to contact an experienced construction injury lawyer for advice. A work accident attorney can not only tell you what your rights are as an injured construction worker, but help you protect those rights. In some instances, constructions companies, foremen and even equipment manufacturers may be legally responsible for your injuries. A work accident attorney with considerable experience on handling construction accident claims should be able to help you determine who is eventually at fault for your accident and help you fight for the financial compensation you need and deserve. For instance, a construction worker who suffered leg fractures during a flight fall from scaffolding at a construction site had to fight a long legal lawsuit to get the right compensation. The accident was front page news and nearly three years of tough lawsuit was fought until the responsible parties paid appropriate compensation. In Illinois, when a worker is injured on a construction site they are not limited to gather worker's compensation from their employer. There are instances where the worker can obtain compensation in a civil action from "third-parties" who may also be accountable. Potentially accountable third-parties include the property owner of the site, contractors, subcontractors, equipment manufacturers, construction management companies and engineering professionals. It is critical to consult with an experienced Chicago construction accident attorney to identify all potentially liable third-parties involved in a construction site injury. Determining liability in construction accidents require a thorough investigation of the site, cause of the accident and various people or entities, including the construction site's landowner, contractors, subcontractors, material suppliers etc. When attempting to determine the liability for injuries sustained in a construction accident, it is critical to consult with lawyers knowledgeable of the construction industry including the standards mandated by OSHA (Occupational Safety and Health Act). Proper presentation of those injured in construction accidents also involves being able to communicate the extent of damages suffered as a consequence of the accident. If you or a loved one has been badly injured in a construction accident, the highly experienced attorneys of the Law offices of Bradley Dworkin can offer the right assistance. Visit www.illinoisworkinjuryattorney.com today to schedule for a Free Consultation. The Importance of a Work Injury LawyerLife 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 AccidentWorking 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:
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. |
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