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.
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.
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.
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.