Personal Injury

Excuses Insurance Companies Use to Limit Workers’ Comp

Published on: January 6, 2022 | By Hart David Carson LLP

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When you’re injured at work, one of the greatest obstacles between you and your workers’ compensation benefits is your employer’s insurance provider. They’ll use a number of tactics to try to reduce or deny benefits, so it’s best to be on the lookout for the excuses detailed below.

1. You Weren’t on the Clock

Sometimes, an injury happens either just before you clock in or right after you clock out for the day. The insurance company may try to use this as grounds to deny benefits, but in Illinois, being off the clock isn’t an immediate disqualification from workers’ compensation.

What Can Disqualify You From Workers’ Comp?

Published on: December 22, 2021 | By Hart David Carson LLP

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Generally speaking, Illinois employees have a right to receive workers’ compensation through their employer if they are injured on the job. However, there are some scenarios in which someone could be disqualified from receiving benefits.

Injury Isn’t Actually Related to Work

One of the primary reasons why workers’ compensation could be denied is if the injury isn’t actually related to work. To qualify for compensation, the injury must be sustained in the course of fulfilling work-related duties, which excludes such things as commuting to and from work or participating in employer-sponsored recreational activities.

How to Prepare for an Independent Medical Examination

Published on: December 17, 2021 | By Hart David Carson LLP

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When you’re injured on the job, your doctor will determine what medical treatments you need and whether you’re able to work. However, if your employer’s insurance provider disputes your doctor’s recommendations, they may require an independent medical examination, or IME. The results of an IME can impact your workers’ compensation claim, so it’s important to know how to prepare if one arises.

What Is an IME?

An independent medical examination is an exam used by the insurance company to verify the extent and nature of your injury. The doctor performing the IME is supposed to be neutral, but they’re usually paid by the insurance company to perform the exam, creating a potential conflict of interest.

Vehicle Safety, Comparative Negligence, and Personal Injury

Published on: December 13, 2021 | By Hart David Carson LLP

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Car accidents frequently cause injuries, whether mild or severe. Often, these accidents result from another driver’s negligence, but the injured driver themselves may be partially at fault. If you don’t drive safely, it might limit your ability to recover damages.

Safe driving is not only important when it comes to preventing injuries, but it can also help support your case in the event that you need to file a personal injury claim.

Impact of Vehicle Safety

Does Carpal Tunnel Count as a Work Injury in Illinois?

Published on: December 9, 2021 | By Hart David Carson LLP

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Carpal tunnel syndrome results from inflammation of the nerve passing through a section of the wrist, and it can be caused by repetitive motions common in various occupations. In particular, it is a common condition among office workers, drivers, craftspeople, and anyone who works with heavy tools.

Since carpal tunnel syndrome often results from work-related activities, it can be compensated as a work injury.

Illinois Work Injury Rules

Should I Accept Light-Duty Work After a Work Injury?

Published on: December 3, 2021 | By Hart David Carson LLP

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As you recover from a work injury, your employer may offer you light-duty work. Returning to work is generally only advisable when you are physically capable of doing so, and that may mean rejecting the offer.

That said, there are definitely instances in which you’d want to accept a light-duty position after a work injury. It depends on the nature of your injury, the position offered, and your doctor’s recommendations.

Reasons to Accept Light-Duty Work

Overcoming a Waiver in a Personal Injury Case

Published on: December 1, 2021 | By Hart David Carson LLP

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Many activities have some element of risk to them, whether it’s working out in a gym, going snowboarding, or enjoying a day at a water park. Typically, these venues will have participants sign a waiver, which ostensibly prevents the signer from suing if they get injured.

But what happens if you’re injured due to the venue’s negligence? How do you overcome a waiver in this situation?

The good news is in many states, including Illinois, waivers are difficult to enforce, particularly if they’re poorly written or overly broad. Overcoming a waiver in a personal injury case is often fairly simple.

How Social Media Could Affect Your Personal Injury Case

Published on: November 29, 2021 | By Hart David Carson LLP

Social media can have a significant impact on your personal injury case, and in many instances, it can prove to be a liability. As such, it’s important to be careful about what you post online, especially after an accident.

Instances Where Social Media Creates a Liability

There are a number of instances where social media—such as Facebook, Twitter, or Instagram—can create a liability.

How Pre-Existing Conditions Could Affect Your Personal Injury Case

Published on: November 24, 2021 | By Hart David Carson LLP

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Whether you have an injury from a previous accident, an ongoing illness, or a condition from birth that makes you more susceptible to injury, pre-existing conditions can impact your personal injury case in a number of ways. The defendant may try to use your condition to justify paying less for your injury, so it’s important to have expert help on your side.

How a Pre-Existing Condition Could Compromise Your Case

Regardless of your pre-existing condition, the defendant (i.e. the person or party responsible for your injury) is legally obligated to pay compensation for any harm they cause to you. As such, they do not need to pay damages for your pre-existing condition.

What Documents Do I Need in a Personal Injury Claim?

Published on: November 18, 2021 | By Hart David Carson LLP

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The more evidence you have to support your personal injury claim, the better your odds of recovering damages for your accident. There are many documents that are needed in the course of your claim, including those used as proof of the accident, proof of fault, and proof of losses.

Evidence of the Accident

These documents will help your attorney demonstrate what happened at the scene of the accident and determine who may be at fault.