Articles Posted in Workers Compensation

Workers’ compensation cases are typically handled outside of court, and in many cases, there’s little dispute over what you’re owed. That said, there are instances where you’ll need to put a little extra pressure on your employer’s insurance provider, in which case involving an attorney is necessary.

Most of these disputes are handled strictly as a negotiations process with the insurance company, but they may go to trial in certain circumstances. Workers’ comp trials are reviewed by an arbitrator under the Illinois Workers’ Compensation Commission, and they function much as any other arbitration hearing would.

Here, we’ll discuss the circumstances under which a workers’ compensation case would go to trial.

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More often than not, a workplace injury will be fairly minor—a temporary back injury, some carpal tunnel, a twisted ankle, etc. However, more serious injuries can occur, such as the loss of an arm, leg, fingers, and so forth. In these cases, you are entitled to disability benefits under Illinois workers’ compensation law. These benefits help to make up for your inability to work.

The way these benefits are calculated will depend on the degree of your injury as well as your own individual needs. Each situation is unique, and the factors at play in your workers’ compensation claim will impact what you’ll be entitled to receive.

Permanent Partial Disability

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Injuries at work can be devastating. If you have been permanently disabled by an injury, it could impact your ability to continue fulfilling your current workplace obligations, meaning you’ll need to seek a new way to make a living. Vocational rehabilitation may be necessary in order to meet this need.

Workers’ Rights under Illinois Law

Under the Illinois Workers’ Compensation Act, your employer may be required to cover vocational retraining. If it is deemed necessary for you to improve your earning potential, they have to pay for rehabilitation expenses just as they have to cover medical costs, disability, and lost wages.

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Workers’ Compensation—What to Do During Your Doctor’s Visit

After being injured on the job, one of the first things you’ll do is visit with a doctor to get treatment and evaluate your situation. Not only is this (obviously) central to recovering fully from your injury, but it also plays a crucial role in securing workers’ compensation benefits. The diagnosis and prescribed treatments made by your doctor are a core part of validating your claim.

Under Illinois workers’ compensation law, you have a right to your own choice of up to two doctors, so that will already work in your favor. However, it’s still important to know how to handle the visit itself in order to secure the compensation you deserve.

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When a Doctor Finds Nothing Wrong with a Workers’ Comp Client

A doctor’s diagnosis is a key part of any workers’ compensation claim, especially if your claim is denied or disputed. Your treating doctor can provide a highly credible witness concerning your injury and whether it was caused by fulfilling work-related duties. However, what happens if your physician determines there is nothing wrong? In these cases, it can be difficult or impossible to secure the compensation you deserve.

The exact result of this situation depends on the doctor making the claim. The opinion of a treating doctor—i.e. the doctor you choose to treat you for your injury—will be far different from that of a company or IME doctor.

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Typically, if you hear the term “work injury,” images of falling objects, heavy machinery, and other industrial workplace hazards come to mind. However, the simple act of performing the same labors every day can result in an injury, even if you work in a relatively harmless space like an office. Repetitive stress injuries—also called repetitive motion, repetitive strain, and cumulative trauma—can be as painful and debilitating as more severe injuries.

However, they are often harder to prove in a workers’ compensation claim. It can be done, but you need to be able to provide the right evidence, especially in cases where your employer or their insurance company tries to deny you coverage.

Work Related Injury

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Part of workers’ compensation is the coverage you get when you lose time at work due to an injury. Temporary total disability, abbreviated as TTD, helps cover some of your lost income. The amount and duration depends on how long you are out of work and how much you would normally earn.

But how does it all work? Here, we’ll go over the process of obtaining and calculating TTD benefits.

Obtaining TTD

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The state of Illinois—and indeed, the entire nation—relies heavily on the shipping industry. Each year, countless products are sent throughout the nation, all thanks to the diligent efforts of shipping employees.

Unfortunately, this industry has some inherent dangers, and it’s important for shipping workers to know their rights in the event of an injury. Illinois workers’ compensation law is intended to provide for these workers in such cases, but securing adequate compensation can be a complex process. Here, we’ll explore the nuances of workers’ compensation in the shipping industry.

Hazardous Working Environments

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According to a new report, Illinois is remarkably supportive of its workers in terms of workplace safety. The National Safety Council recently put out a study indicating Illinois as the highest ranked in the nation when it comes to safety in the workplace. The National Safety Council (NSC) publishes an annual report that assesses each state’s overall safety rating in various areas, and this year, Illinois came out among the very highest ranked.

Rating States

Each state is graded based on the measures, laws, and regulations it has in place to prevent deaths and other accidents in three categories: workplace, home and community, and road safety. Upon assessing how well a state does in these areas, the NSC assigns a percentage and grade in each one. These grades are then put together into an overall grade.

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If you have been injured while doing your job, you have a right to claim workers’ compensation benefits. Part of these benefits is your medical expenses resulting from your injury will be paid for. However, there are a few qualifications that need to be met, and in some cases, these can make the difference between getting coverage and having your claim denied.

Fortunately, under Illinois law, there aren’t too many limitations on what expenses will qualify for workers’ comp, but denial of claims do happen, and it’s important to know what you’re entitled to. Here, we’ll look at some of the main factors that go into determining whether your medical expenses are covered.

Choice of Doctors

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