According 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.
A work place accident can be a devastating situation for an employee. The accident not only causes physical trauma but financial stress as well, since the employee would be losing out on wages due to inability to work in addition to the medical expenses. If you are a victim of an unfortunate work related accident, it's necessary that you obtain all the right compensation to which you are entitled. It’s important that you are aware of your basic workers rights and procedures involved in filing for a workers compensation claim. Illinois Workers Compensation Laws have all the provisions to help an injured employee to ensure their lifestyle is not crippled due to the injuries sustained in a workplace accident. However, the legal complexities involved in filing for a workers compensation claim can be overwhelming and your current situation may not provide the flexibility to follow up on the claim effectively. In such a situation an experienced Illinois workers compensation lawyer can help you file for a claim and liaise on your behalf with the employer or their insurer.
The laws state that if an employee is injured due to the negligence of their employer or a “third party”, they are legally accountable for several types of indemnities, for example, medical bills, loss of wage compensation, property damage or even a lump sum payment. In addition to the physical and financial loss the injured employee is liable to be compensated for emotional loss as well. All of these factors are considered accurately for compensation under workers compensation laws to help the victim recover normalcy as much as possible and return back to the daily routine that they had prior to the injury. An injury at the work place can be of various types and magnitudes ranging from Carpal Tunnel Syndrome, Slip and fall, Back injury, Spinal cord injury, Chronic back pain etc. The outcome of the injury also might vary; for example it may be mild, severe- leading to inability to work, or it can also be a fatal case -where the employee loses his life. Every case has a different legal approach with the process involving complex court matters, legalese that might seem unapproachable with endless paperwork. In all such situations an experienced workers compensation lawyer will be able to analyze the situation appropriately and determine the best course of action. They will investigate the cause of accident, the extent of injuries and the responsible party to file for an effective workers compensation claim . If the injuries are caused due to a “third party”, a party other than the employer, then they will also help initiate a “third party” claim process in conjunction with the workers compensation claim.
In many cases the workers come across situations wherein the employer or their insurer try to defer the claim or delay the process. They might consider legal recommendations to disqualify your claim in court thus denying you the compensation you deserve. An experienced Illinois workers compensation lawyer is well aware of such situations and how to overcome these challenges. They will counter the arguments put forward by you employer and ensure that you receive the maximum possible compensation for your pain and suffering.They will administer your rights and benefits you’re entitled to during the course of your employment. The lawyers are in a position to direct the employee on what rights are being deprived by his employer and can suggest ways to reinstate it.
If you have been injured in a workplace accident and have been deprived of justice, attorneys at The Law Office of Bradley Dworkin will ensure that you get all the assistance that is required to fight for the claim until an appropriate settlement is reached. P lease v isit www.illinoisworkinjuryattorney.com or call 1-888-853-4878 to schedule a free consultation.
Back injuries cases are gradually rising in Illinois due to several factors. Back injury can occur from damage, wear, or shock to the bones, muscles, or other tissues of the back. A back injury can occur in an office or at a construction job site. It can vary from relatively mild (sprains) to serious and painful (herniated disks), potentially resulting in life long changes to quality of life.
The Illinois Workers’ Compensation law protects the rights of employees who have met with an accident resulting in back injuries. Under the law, the claimant is liable to be compensated if diagnosed correctly and if the employer is found to be at fault. Law offices of Chicago workers’ compensation attorneys provide an end to end solution for claiming compensations for back injuries.
Injuries related to work can impact your lifestyle drastically especially in the case of back injuries. Employees injured in an accident undergo lot of physical, emotional and financial struggles. A work related injury can often result in employee not able to work for a period of time resulting in loss of wages. In certain cases of permanent disability the employee may not be able to work for the rest of their life. In the event of such an unfortunate accident caused due to the negligence of your employer or a “third party”, you can turn to the law to provide you with relief. The purpose of the Illinois Workers’ Compensation Law is to provide employees a timely, sure, and explicit compensation, together with a quick and efficient remedy, for injuries or death suffered by such employees in the course of their employment and to require the cost of such injuries to be borne by the industry itself and not by its individual members. This means that, when an accident occurs that arises out of, and in the period of an employee’s employment, it is the accountability of the employer to make sure that the employee is taken care of and compensated for that injury or death properly. There are a wide range of injuries that may give rise to a proper workers compensation claim
For instance, a crane fell off the roof of a building under construction resulting in severe injuries to employees working on the site. Negligence on behalf of the employers to attach the crane firmly had resulted in the accident. A workers compensation claim was filed for the injured employees and they were duly compensated for their injuries and suffering.
In order to file for an effective Illinois Workmans comp case for back injury, you have to meet particular requirements as stated by the law. An injured worker must inform the company owner about the injury within a certain time period. After informing the employer the victim has to fill out a specific form called an “Application for Adjustment of Claim” with the Illinois Workers’ Compensation Commission (earlier known as the Illinois Industrial Commission). There are other specific requirements as well. When you visit an experienced Illinois Worker’s Compensation Lawyer with experience with back injury cases to discuss your case, you will be assured of a thorough investigation and a consistent support from there on. Generally reputable lawyers will not charge any fee upfront, but will instead scrutinize the circumstances of your back injury to resolve whether a proper employee’s compensation claim can be filed with the Illinois Workers Compensation Commission. A good lawyer will assist you in any possible way, and propose to file a claim on your behalf, he will not charge any lawyer-fee, unless a successful conclusion or award can be reached.
Whether a simple or a complicated case, a highly skilled Illinois workers compensation lawyer can make sure that you receive complete compensation from your employer or their insurer and in cases where the fault lies with a “third party” an appropriate “third party” claim can also be filed.
If you would like to know more about worker compensation laws and claim settlement process, please visit www.illinoisworkinjuryattorney.com. You may also contact 1- 888-853-4878 to schedule a free consultation.
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.
In Illinois, injuries related to workplace accidents are on the rise. One of the main reasons for this is people working with machines for long hours in workplaces without adequate safety precautions. Carpel Tunnel Syndrome is one such work place related health hazard. Doctors are of the opinion that repetitive use of the hand as in computer usage or equipment operations is one of the significant causes of Carpel Tunnel Syndrome.
Under the Illinois Compensation law, victims of Carpel Tunnel Syndrome can be sufficiently compensated if diagnosed correctly and if the employer is found to be at fault. There are several situations which can cause CTS injuries, however lack of awareness of the symptoms can result in your claim being deferred by the employer. An experienced Chicago workers’ compensation lawyers will explain all legal implications of CTS and what type of compensation you may receive. Since CTS injury cases are not straightforward, the attorneys will liaise on your behalf with your employer or their insurer to ensure your claim is processed successfully.
Symptoms Of Carpal Tunnel Syndrome :
The symptoms of CTS typically consist of one or more of the following:
- Vague aching of the wrist.
- Ache may or may not extend unto your hand or forearms
- Burning sensations in the thumb and fingers
- Loss of grip
If you have these symptoms, you might consider appointing a Chicago worker’s compensation lawyer to get your rightful compensation.
Causes (Work related): OSHA (Occupations Safety and Health Administration) had conducted a research in the recent past; the result indicated that people who perform tasks that required highly repetitive manual acts or specific wrist movements are more prone to CTS. If you developed CTS due to your job, your employer may be liable for your injury and may be obligated to compensate you. Further, he may be liable to retain your employment throughout your recovery. Contact a personal injury attorney as soon as possible to help initiate your claim.
Effects of Carpel Tunnel:
Carpel Tunnel can have devastating physical impact on an employee. For some workers the condition may worsen so much that they have to switch tasks or stop working altogether. Also, some insurance companies avoid their clients when it comes to settlements and try to manipulate the claim to suit their case. If you find yourself in such a situation it is always advisable to approach competent Illinois worker’s compensation lawyers. They are in a position to bail you out of the disaster as they are trained to deal with such situations and get the best compensations possible for their clients.
For example, an ophthalmologic surgeon was diagnosed with bi-lateral carpal tunnel syndrome following a traumatic accident. The surgeon carried on with her routine work in the hope of a fast recovery. While the pain stopped, the loss of sensation in her fingers remained. The surgeon was compelled to stop performing all eye surgeries, even though she continued to practice in a non-surgical way. When she submitted the insurance claim the company denied it .She then retained services of a worker compensation attorney who successfully managed to obtain the compensation she deserved.
In the USA, people loose on an average $30,000 on injuries caused due to Carpal Tunnel Syndrome. The expenditure includes medical bills and lost time from work. In some cases, carpal tunnel release surgery is considered, which may not be always covered by health insurance plans. If you are worried about your finances and treatment expenses, meet up with an experienced Chicago worker compensation attorney to discuss your unique case. A skilled Illinois Workers' Compensation lawyer can appropriately estimate the loss and make sure you receive the proper benefits. By utilizing their expertise and knowledge in handling carpal tunnel syndrome cases you can increase the value of your carpal tunnel workmans compensation claim while they present the case in the most constructive way possible. Whether it’s a simple or the most complicated case, a highly skilled Chicago workers compensation lawyer can make sure that you will receive complete compensation from your employer or their insurer, or even a third party.
If you would like to know more about worker compensation laws and claim settlement process related to Carpel Tunnel Syndrome, please visit http://www.illinoisworkinjuryattorney.com/ or contact 1- 888-853-4878 to schedule a free consultation.
In Illinois, every year several workers are critically injured or killed in construction site related accidents. Even though many precautions have been taken to protect the workers at the work site, the number of accidents seems to be on the rise gradually. Constructionsiteaccidents are the number one cause of work-related deaths in America. Nearly 10 out of every 100 workers get injured every year. In the event of a workplace accident the advice of an experienced Chicago construction accident lawyerscan go a long way in ensuring you receive right compensation for your injuries and suffering.
In big cities of USA, economic pressure to construct buildings is only making matters worse. Occupational Safety and Health Administration (OSHA) estimated that there will be more than 1000 job-related deaths countrywide this year in the construction industry. Accidents at a construction site can be unpredictable, however following proper safety guidelines can ensure the risk of accidents is reduced. Construction site accidents does not refer to explosions or large scale catastrophe, it includes injuries caused due to the type of work they perform on a daily basis. Injuries and deaths can happen while performing regular maintenance tasks such as employee falling off scaffolding while cleaning windows, a slip and fall accident while carrying goods and machinery malfunctions.
An accident not only causes emotional and physical trauma, it also causes financial trauma. If due to unfortunate circumstances you are injured on a construction site, then your employer is liable to compensate you for your injuries. If the injury is caused due to a third party (a party other than the injured employees employer or colleagues) then you may also file for a “third party” claim. Consider approaching an experienced work injury lawyer in Chicago who can help analyze your situation and provide the best possible legal guidance. You will be able to get back medical expenses, lost wages, compensation for pain and suffering, and any other types of damages caused as a result of the accident. It is the responsibility of the employer or contractor and agents of the owner to make sure you are working in a safe environment. If they fail to provide the right safety guidelines which results in an accident then they have to compensate you appropriately. If for any reason your claim is deferred by the employer or their insurer, you should immediately engage services of construction accident attorneyswho can help you approach the legal bench to obtain the compensation you deserve.
Negligence of a “Third Party” resulting in a accident also comes under the purview of Illinois Workers Compensation Laws. Even with the best management and guidelines offered by your employer, defective third-party equipment or workplace negligence can result in an accident. For e.g., dented scaffolding, heavy equipment not adequately maintained, or flawed power tools may cause an unforeseen accident. In such situations the negligent “third party” can also be held legally responsible and might be entitled to pay part of the compensation to the injured employee. Lack of awareness of basic worker rights and the legal implications of a worker compensation claim is one of the main reasons why employees do not receive the right compensation for their injuries. It is always advisable to opt for a Chicago worker compensation attorney who is aware of all aspects of Illinois workers compensation laws and workers rights to put forward an effective claim. In the state of Illinois, statutes have been created and dedicated to construction site workers who are injured while working on the site. An Illinois construction accident attorney will be able to identify the situations which led to the accident and will liaise on your behalf with your employer or insurer. They will be able to analyze your case effectively and plan the best strategy to follow to ensure you are compensated fairly.
If you or your loved one is injured at a job site and want to file a workers’ compensation claim, please contact The Law Office of Bradley Dworkin’s, Chicago, Illinois, at 1-888-853-4878 or visit http://www.illinoisworkinjuryattorney.com/ for details.
In 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.
According 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:
- Ruptured disks
- Spinal fractures
- Back sprain
- Fractured vertebrae
- Muscle strain
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:
- Compensation for all necessary medical treatment
- Travel expenses to and from doctor’s appointments
- Death benefits paid to surviving family members
- Cost for maintaining the worker through vocational rehabilitation
- Lost wages during temporary or permanent disability
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:
- Obtain aid from the human resources department to try and resolve the concern
- File an appeal with the Board of Illinois Workers' Compensation
- Apply so that your case be heard by an Administrative Law Judge
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.
The construction industry has one of the highest rates of workplace injuries and fatalities, making it one of the most difficult and accident prone industries. According to statistics, more then 2000 construction site workers in Illinois suffer major or minor injures which severely impact their life. The high number of workplace accidents in the industry is because of the hazards associated with construction sites, such as trenches, scaffolding, power lines, dangerous equipment, falling objects, and exposure to harmful or toxic chemicals. Some of the most common injuries are caused due to slip and falls, being struck by an object, collapsing structure and contact with electrical lines.
Strict safety rules have been set out by the Government's Health and Safety Commission to make sure that all construction sites are run properly and possible risks are reduced. The employers or contractors have to post all required safety guidelines and conduct regular checks for faulty equipment or structural defects to maintain a safe working environment. Any kind of negligence on behalf of the employer or lack of adequate quality checks can lead to disasters at the workplace affecting the lives of workers. In case of an accident, the employers or contractors are required to provide adequate benefits to the injured worker(s) under Illinois Worker Compensation laws . Employers are required to pay for the costs of any medical care necessary to treat the employee's injury, such as doctor visits and physical therapy. In addition to medical expenses, employees may be allowed additional benefits such as temporary total disability benefits, permanent partial disability benefits, lost wage benefits, vocational retraining, compensation for physical disfigurement and lump sum settlement.
For instance, a 59 year old equipment operator was crushed when the arms of his miniature skid loader pinned him against the loaders roll cage. The accident resulted in serious brain injuries and fractures. Safety lockout devices designed to prevent involuntary operation of the loaders arms were defective and had been recalled by the manufacturer. The service company had neglected to properly adjust the lockout devices, which resulted in the accident. The employee filed for Illinois workers compensation settlements and was duly compensated for medical expenses, loss of wages and the pain and suffering caused due to the accident.
Illinois workers compensation law has a number of clauses addressing the construction industry, including laws planned to prevent employers or contractors from misclassifying the injury or cause of accident to deny worker compensation claims. Business owners and sole proprietors who purchase workers' compensation insurance for themselves can recover benefits through their insurer.
Under Illinois workers act, self-employed workers and independent contractors who are injured on construction location can also file for a workers compensation claim. The law also covers individuals who are injured while working outside of the State of Illinois but the contract of hire was made within the State of Illinois. The construction site workers may be injured due to the negligence of a third party (non-employer) and in such cases the injured employee can file for a third party workers compensation claim as well.
To understand your situation and file for a successful claim, it’s critical you engage an experienced Chicago work injury lawyer . They will examine your case carefully and determine all possible benefits that you are legally entitled to. They will also work with the employers or insurers on your behalf to ensure your case is justly reviewed and you receive maximum possible compensation for your pain and suffering.
If you have been injured at workplace and facing many difficulties in filing workplace compensation claim, please visit www.illinoisworkinjuryattorney.com today to schedule a free consultation.
When 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:
- Injuries caused due to a car accident, truck accident or pedestrian accident caused by a careless driver during the course of your work.
- Injuries caused due to a construction site accident by another employees or contractors of another company.
- Injury resulting from the use of a faulty or defective product
- Injuries from a slip-and-fall accident caused by inappropriate maintenance work
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.