workerscomp

What Rights Do Traveling Employees Have?

Published on: October 20, 2021 | By Hart David Carson LLP

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Like any other worker, traveling employees are entitled to payment for the time they devote to work, whether they’re traveling for business or simply on call. Making sure all legal requirements are met and potential problems are avoided is key to both regulatory compliance and sound HR management.

Payment for Travel Time

Traveling employees are entitled to payment for time they spend traveling for work, though specific restrictions do apply. The rules vary depending on whether it’s a one-day trip or an overnight trip.

Can I Obtain Workers’ Compensation Benefits Due to COVID-19?

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

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Any injury sustained in the course of performing workplace duties can technically be covered by workers’ compensation, but whether you actually receive benefits depends on your specific situation. In claims involving infectious diseases—such as the novel coronavirus disease—there are many obstacles to overcome when seeking compensation.

Workers’ Compensation for Occupational Diseases

When it comes to occupational disease in Illinois, there are two laws that could potentially apply: the Workers’ Compensation Act and the Occupational Diseases Act. The latter will typically apply in the case of illness, though it does use rates based on those established by the Workers’ Compensation Act.

Illinois Workers’ Comp – Should I Give a Recorded Statement?

Published on: October 5, 2021 | By Hart David Carson LLP

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Over the course of filing a workers’ compensation claim, the insurance company may contact you and ask for a recorded statement. In most—if not all—cases, you should decline this request. Just tell them no.

The reason for this is because the insurance company is looking for ways to either reduce the amount they have to pay you or to deny your claim entirely.

What the Insurance Company Wants

Who Handles Workers’ Compensation Claims in Illinois?

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

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Knowing who to turn to in the event of an Illinois work injury is key to recovering compensation. Most employees will only have to file a claim with their employer, but some claims may require prolonged involvement from other entities, including insurance companies and the Illinois Workers’ Compensation Commission (IWCC).

Your Employer

In the event of a workplace injury, the first party you’ll communicate with is your employer. It’s your employer’s responsibility to provide workers’ compensation benefits to their employees, and you’ll report your injury to them. Typically, injuries should be reported within 45 days of the time they occurred (or within 45 days of when you discovered that you were injured).

What Happens if I’m Injured on the Job Out of State?

Published on: September 28, 2021 | By Hart David Carson LLP

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In most cases, workers who are injured in Illinois can be covered by Illinois workers’ compensation. However, most people don’t realize that if they are living or working outside of the state, they may still qualify for Illinois workers’ compensation if certain requirements are met. If you’re employed by an Illinois company or if you usually work within the state, you may qualify for benefits.

Covering Out-of-State Work Injuries

Why Can’t I Sue My Employer for a Workplace Accident?

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

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In most states, including Illinois, employees are not permitted to sue their employers for workplace injuries. The reason for this is because they are typically covered by their employers’ workers’ compensation insurance.

The Workers’ Compensation Compromise

Workers’ compensation covers most work injuries regardless of fault or liability. Illinois workers’ comp laws are particularly favorable toward workers, meaning you’re likely to be covered in the event that you are hurt on the job.

Should I File a Personal Injury Lawsuit?

Published on: December 18, 2020 | By Hart David Carson LLP

Often, severe accidents warrant filing a lawsuit. However, it’s important to recognize when legal action is appropriate. Attorneys evaluate cases based on their viability, meaning your case has to be worth pursuing before they take it on. They’ll do so by looking at a number of factors.

Factors to Consider Before Suing

Lawsuits can be expensive to pursue, so your attorney will need to determine whether your case is worthwhile. The factors that need to be considered before filing a personal injury lawsuit include the following.

Do I Qualify for Workers’ Compensation if I Work Remotely?

Published on: October 5, 2020 | By Hart David Carson LLP

If you work remotely, you may be covered by workers’ compensation, even though your job duties don’t take you onto your employer’s premises. However, there are a number of factors that could impact your claim should you be injured on the job while working from home.

Remote Employee Vs. Independent Contractor

First of all, it’s important to distinguish whether you’re actually an employee. If you’re a freelancer or independent contractor, then you don’t qualify for workers’ compensation coverage.

Can My Employer Opt Out of Providing Workers’ Compensation in Illinois?

Published on: August 19, 2020 | By Hart David Carson LLP

Under Illinois law, the vast majority of employers must provide workers’ compensation coverage for their employees. As such, employers in the state can’t usually “opt out” of providing coverage or carrying workers’ comp insurance, though there may be some cases where an employer may elect not to provide coverage.

Industries that Must Provide Workers’ Compensation

The Illinois Workers’ Compensation Act allows employers to provide workers’ compensation coverage in exchange for being free from liability for workplace accidents (meaning employees usually can’t sue them for injuries sustained on the job). In some industries, this coverage is mandatory. The Workers’ Compensation Act is considered to automatically apply to industries involving:

How Much Is a Coronavirus Workers’ Comp Claim Worth?

Published on: June 24, 2020 | By Hart David Carson LLP

Those who have become exposed to the novel coronavirus while on the job may be entitled to workers’ compensation, particularly when it impacts their ability to work and warrants medical treatment. However, it begs the question of how much these claims are actually worth. If your claim settles, how much would the payout be?

The simple answer is that it’s a bit early to tell just yet.

Settlements on Coronavirus Claims Are Uncertain