Is There A Limit To How Much Workers’ Compensation I Receive?

As an employee in Illinois, you can get compensated for any injuries you sustain at work via workers’ compensation. However, there are limits to how much you receive, and the amount depends on several factors.

Limits of Liability

Commercial liability insurance policies have ‘limits of liability or a cap on the amount claimants can get. However, worker’s compensation is structured differently. It is the main reason why most employers purchase policies that do not offer the coverage they thought they did.

Workers’ Compensation Part A

Part A workers’ compensation covers employees under state laws and offers medical aid, death, rehab, and disability benefits for workers killed or seriously injured on the job. The insurance premiums are based on the employee’s wages and the nature of their work duties. The benefits are awarded on a no-fault basis, and the payments are made on predetermined schedules for definitive injuries.

Workers’ Compensation Part B

Part B workers’ compensation also offers the coverage mentioned above, but it only does if their condition results from their employer’s negligence. This is why it is also called employer’s liability coverage.

So we can say that while Part A fulfills state requirements, Part B covers additional damages beyond the former. These payments are based on injury type and limits. For example, if an employee is injured because of a workplace accident, they can get $100,000 max. If they are injured because of a disease caused by their work, they can get up to $500,000. The latter is often broken down into $100,000 per employee per injury.

Part B is rarely used, but it can benefit an employer’s company in some cases, especially if they are sued by survivors or family members of a deceased employee. They can also avail of Part B if they owe more in damages than Part A can cover. All companies in Illinois have to carry Part A workers’ compensation coverage and ensure all claims are paid on time without taking liabilities into account.

Workers’ compensation protects both employers and employees. It protects the latter by ensuring they do not go in the red if an injured employee or family sues them for damages.

How Long Can Employees Receive Workers’ Compensation?

The answer can differ from one state to the other. It can be anywhere from three to seven years. However, there is usually a limit on the length of permanent disability benefits. Most states terminate weekly ones when a claimant turns 65 years old.

In Illinois, wage differential benefits stop after five years or when you turn 67, whichever comes first. The state also has a comprehensive schedule that sets the maximum number of weeks you can get benefits per the body part you injured. If a body part is injured and not on the schedule, you can get a non-scheduled award that will amount to 60% of your average weekly wages. However, the total amount will depend on the severity of your injury.

Contact Robert Edens for Workers’ Compensation Claim Disputes Today

Thousands of people in Illinois and the nation are denied the workers’ compensation that they deserve. If your employer is doing the same to you, Cook County workers’ compensation lawyer Robert Edens can help. Contact the Law Office of Robert T. Edens for a free consultation with him.

January 27, 2022February 7, 2023

How To Avoid A Traumatic Spinal Injury

Traumatic Spinal Injury As per the National Spinal Cord Injury Association, more than 450,000 people in the US are living with traumatic spinal injuries (TSIs). This type of injury can lead to paralysis and other long-term physical and mental complications.

Top Symptoms of a Traumatic Spinal Injury

The symptoms of a traumatic spinal injury depend on its severity and location on the spinal cord. It can include complete or partial loss of motor control and sensory functions. Several TSIs can affect systems that control the bladder, bowels, heart, and blood pressure. Most people who sustain the injury also complain of chronic pain regularly.

How to Prevent Traumatic Spinal Injuries

The economic and emotional toll TSIs can take on an individual can be catastrophic, so prevention is better than cure in this case. Here are some of the ways you can avoid TSIs:

When driving, always wear a seatbelt and make sure your children are in appropriate car seats if they are small enough.
Don’t drive if you are under the influence of alcohol, medication, or drugs. Never ride with someone guilty of the same.
Pay attention to the road while driving and remove distractions. Never text or call/receive a call while driving.
Keep your home clutter-free to prevent slips and falls, especially if you are elderly or have elderly relatives. A fall is more devastating for them because their bones are brittle.
Obey all traffic signs while you are riding a bike or driving.
Always wear a helmet and other safety equipment if you are on a bike. Replace old or worn-out equipment with new ones.
Before skateboarding, make sure the ramps and area are clear or debris you can otherwise trip over.
Follow all of the rules of contact sports such as football and wrestling. They are made to prevent spinal injuries.
Use caution when you are riding a horse. Wear all safety equipment, and do not ride without an instructor if you are a novice. The instructor can correct your posture and riding skills to ensure you don’t get thrown off.
Extreme sports such as bungee jumping and skydiving can be dangerous for the inexperienced. Accidents can lead to lifelong spinal issues. If you take part in these sports, take all of the precautions necessary and never do them without an instructor present.

Contact Lake County Personal Injury Attorneys to File a Lawsuit for A TSI

Whether you injured your spine riding, biking, or skydiving because of someone else’s negligence, you shouldn’t have to pay your medical expenses out of pocket. Contact Lake County personal injury attorneys from the Law Offices of Robert T. Edens instead.

We have represented hundreds of accident victims suffering from traumatic spinal injuries who seek justice and fair financial compensation. If you also know someone going through the same predicament, give them our contact information. The worst thing you can do is wait. The faster you get your case filed, the better your chances of getting the amount you deserve. Our lawyers have years of experience representing clients who thought they never had a chance.

January 19, 2022February 7, 2023

What Is Required To Make a Wrongful Death Claim?

Wrongful Death Claim If you have lost a loved one because of someone’s negligence, you can and should hire Cook Country wrongful death lawyers and sue the guilty party. To make a successful claim, you need to prove the following elements:

Duty of Care

You need to prove that the negligent party had a duty of care, or was in a position to act responsibly regarding the deceased. For example, doctors must ensure that the patients under their care are well taken care of. Similarly, a driver is responsible for ensuring that other drivers and pedestrians are safe from them on the road.

Breach of Care or Duty

If your Cook County wrongful death lawyers determined that the defendant had a duty of care to the deceased, they have to prove that they violated that duty. In the case of a negligent doctor, it can be a misdiagnosis or incorrect surgery that leads to death. For a driver, it could be texting while driving, which leads to a fatal accident.

Causation

You need to prove that the breach of duty mentioned above was the main reason behind the deceased’s death. In other words, your Cook County wrongful death lawyers will have to prove that the malpractice caused the death or that the fatal accident caused by the distracted driver led to the fatality.

Who Can File a Wrongful Death Lawsuit

Since the deceased cannot file a lawsuit, their family or heirs can. This can be their children, spouse, or even a court-appointed individual from the family. However, distant relatives may also have this right if the deceased doesn’t have any surviving family members. Your relationship with them is critical when it comes to determining the compensation you may receive.

In some cases, the case may not be based on negligence. If your loved one died because of a faulty product, the wrongful death claim would focus on its effect on you, along with the emotional/financial issues you faced because of it.

Keep in mind that certain agencies or individuals cannot be sued for wrongful death. This includes government agencies and employees. If you still think you have a valid claim against them, get in touch with Robert Edens for a meeting as soon as possible.

Contact the Law Offices of Robert T. Edens for A FREE Consultation

If you lost a dear friend or a family member because of someone’s negligence, get in touch with our wrongful death lawyers in Antioch at the Law Offices of Robert T. Edens today. We have been fighting for the rights of people like you for several decades – we are known for representing our clients aggressively if it means they get the compensation they deserve.

From the accident right up to the tragic event, you will be harassed by the insurance company. They will try to reduce the value of your claim so they don’t have to pay as much. Please do NOT talk to them till you have your consultation with us. Get in touch with us for a meeting, and we will explain why you should never do that and the options you have at your disposal.

January 12, 2022February 7, 2023

What Is My Recourse If My Workers’ Comp Claim Is Denied?

In Illinois and other states, workers’ comp insurance covers workplace injuries. If you were injured and your claim was denied, there may be several reasons behind it. You may feel as if you are out of options, but there are steps you can take to reopen your case.

What You Should Do If Your Workers’ Comp Is Denied

If your workers’ compensation request is denied, the first thing you should do is to file an Application for Adjustment of Claim through the Illinois Workers’ Compensation Commission (IWCC). Your employer should file this form, but you can do so as well.

Once that is done, you can request a hearing with them to appeal the rejection. You will get an arbitrator and a case number for your hearing appeal. Workers’ comp lawyers in Waukegan have to file these claims within three years of a worker’s comp rejection.

If you need to get an answer from them fast, you can ask for an emergency hearing via a Petition for Immediate Hearing. However, you can only use this option if your employer owes you more than 12 weeks of disability payments and if you were unable to return to work.

Top Reasons Workers’ Comp Claim Denial

Just because your claim was denied doesn’t mean your employer has it in for you. There are several reasons why you are in that situation. Some of the common reasons for workers’ comp denial include the following:

Your injury did not occur in your workplace. Employers usually deny claims for damages that happen outside the workplace, or if they are not the result of work their employee did for them.
You failed to report the injury on time. You have 45 days to report your injuries to your employer to get the ball rolling for worker’s compensation claims.
Your employer thinks your injury was your fault. If drugs and alcohol consumption led to your injuries, chances are your claim may be denied. If that isn’t the case, you should hire experienced worker’s comp lawyers in Waukegan to sue for compensation.
You have a pre-existing condition that may be confused with an injury. Even these conditions are covered under worker’s compensation if your work duties aggravate your condition. If your employer tries to deny it, you have a solid case on your hands and can hold them liable.

Contact Robert Edens for Legal Representation

If your workers’ comp claim was denied for none of the reasons mentioned above, you should file a lawsuit with help from the Law Offices of Robert T. Edens. We have been fighting for the rights of employees like you across Illinois and have more than two decades’ worth of successful cases to show for it. We have recovered millions of dollars for our clientele.

We can ensure you can get the compensation you deserve. The longer you wait, the higher the chances of claim rejection. We will put all of the resources to work to make your claim strong, and we are not opposed to aggressive tactics if it means you are compensated. Get in touch with us for a consultation today!

January 5, 2022February 7, 2023

How Long Can I Receive Workers’ Compensation in Illinois?

An occupational injury can severely affect your health, career, finances, and emotional wellbeing. While workers’ compensation can compensate you for some of those damages, you are back on square one if they are denied. At that point, you should hire Antioch workers’ compensation lawyers to get the compensation you deserve.

The benefits you get will depend on your specific situation. This includes your medical state and your earnings pre injuries.

Temporary Total Disability Benefits

In Illinois, your workers’ compensation claim allows you to get medical treatment for work-based injuries for a specific period. While you are recovering at home, you can also collect temporary total disability benefits or TTD. These are usually two-thirds of your average weekly salary and can last from a few weeks to years.

TTD benefits are paid till you:

Return to work without any medical restrictions.
Released back to work with medical conditions.
You reach the Maximum Medical Improvement (MMI) status. Your doctor will deem you eligible for this status if your medical condition stabilizes to the point that you can work without compromising your health and wellness.

Your TTD can be terminated if your boss gives you a light job that isn’t physically demanding. This can happen whether you return to work or not. You can still be entitled to benefits if your employer cannot accommodate your work restrictions. If your benefits are denied, consult with Antioch workers’ compensation lawyers as soon as possible.

When TTD is Terminated

Once your TTD benefits are terminated, you can still get other workers’ compensation benefits such as the following:

Maintenance awards that cannot be less than your TTD benefits. These should also include expenses and the costs you need for vocational training (if you need to switch professions because of your physical limitations).
Wage differential benefits to offset the reduced salary you get in your new position because of your condition.
Permanent partial disability benefits (PPD) are paid to injured workers as compensation for a permanent work injury as per the body part injured. It is often a lump sum. On the other hand, if your claim has to go to trial first, you may get weekly benefits only. You cannot get weekly and wage differential benefits together either.

Many workers in Illinois and across the nation are told they are ineligible for worker’s compensation for one reason or another. However, not all of them are true. Hardworking employees often get coerced into opting out of those benefits or settling for reduced benefits because of irresponsible and greedy employers and insurance companies.

Contact Robert Edens to Get the Compensation You Deserve

People who file claims months after their injuries never knew they had the right to do so immediately. By the time they file their claim, it is too late. If you think your employer has denied your benefits illegally, get in touch with the Law Offices of Robert T. Edens today. Our Antioch workers’ compensation lawyers have years of experience helping hard workers like you get the benefits they deserve.

December 15, 2021February 7, 2023

What If The Person At Fault For My Accident Is Deceased?

Some auto accidents can be fatal. If the driver of the other car responsible for your accident dies because of injuries, you can still pursue a claim by contacting their insurance company. Illinois is an ‘at-fault’ state, which means that you are well within your rights to ask for compensation.

How to Prove That a Deceased Driver Was Responsible For a Car Accident

At this point, you need to remember that the insurance company will dedicate all of its resources to invalidate your claim or ensure you get minimum compensation. Unmitigated evidence that Lake County auto accident lawyers present can ensure your case remains strong.

So the first thing you should do after the accident is to take as many pictures and videos of the accident scene as possible if you can. Plus, also file a police report, get information about the deceased driver, take down eye-witness accounts, and gather other evidence that can prove your claim.

Your lawyer can use that evidence to prove that the deceased driver was at fault for your accident. If you delay, the insurance company of the at-fault driver can blame you for the auto accident. The sooner you take action and file a case, the stronger your case becomes.

Filing a Claim against a Deceased ‘At-Fault’ Driver’s Insurance Company

The insurance company is responsible for compensating victims of their policy holder’s actions, whether the latter is deceased or otherwise. For example, if a drunk driver crashed into you and was killed, an experienced attorney will ensure you get compensated by them.

Depending on the circumstances surrounding the incident, you can recover:

Incurred medical expenses for injuries you sustained because of the auto accident. This includes ambulance charges, doctor visits, physical therapy, medication, etc.
Damages for the pain and suffering you went through because of your mental and physical distress. This can include therapy, medication costs, and any other expenditures you had to pay yourself for your injuries.
Lost work hours as you were recuperating or healing from your injuries. With proof of wages, you may also be able to recover the lost wages you missed out on while you were bed-ridden or unable to work.

Contact the Law Offices of Robert T. Edens for a Personal Injury Claim

Filing an insurance claim against a deceased at-fault driver is not impossible if you have a lawyer from the Law Offices of Robert T. Edens on your side. Our Lake County auto accident lawyers can gather a copy of the police report, interview witnesses, and collect other evidence on your behalf that can strengthen your case.

We can also negotiate with the insurance company to ensure you get the maximum compensation possible. Our Antioch personal injury lawyers have been fighting for the rights of injured victims and workers for years. Why should you have to pay for your medical treatments when you weren’t at fault, to begin with? Let us handle the case so that you don’t have to. That’s what we specialize in. Contact us for a free consultation today.

December 7, 2021February 7, 2023

What Not To Say To A Worker’s Comp Doctor

If you have suffered a work-related injury and have filed for worker’s comp, you will need to undergo an independent medical exam with an approved doctor. However, keep in mind that the insurance company pays these doctors. As such, they may try to reduce costs for the insurance company with details you may unknowingly divulge.

Here are some things you should not say to a worker’s comp doctor to ensure this doesn’t happen:

Giving Inaccurate Details about the Accident

The first thing your doctor will ask you is how you got injured, and the question will be asked multiple times to make you slip up. Avoid giving inaccurate or too many details and stick to the facts. If you cannot recall some details, leave them out rather than guessing, and do not exaggerate the incident or the pain you are in.

Exaggerations can lead to discrepancies which can hurt your chances of getting the maximum compensation for your injuries. For example, if you say that someone pushed you and CCTV footage says otherwise, it will raise questions about the legitimacy of your claim.

Saying You Don’t Have Health Issues When You Do

Your doctor will ask if you had similar injuries before the one that caused your existing ones. The information helps them determine treatment options. However, since worker’s comp insurers often use an illness or prior injuries to argue that injuries are not work-related, the chances are that you will say you were never injured or are healthy even if you aren’t.

That is a mistake. If you think anything in your medical history will affect your claim, hiding it or denying it will damage your credibility. Be upfront with the doctor to ensure it is accounted for from the beginning.

Saying You Can Work With Your Injuries or Pain Doesn’t Affect Your Productivity

During the consultation, describe your injuries and pain to your doctors and therapists as accurately as possible. Accurate details will help them determine how both limit your job performance. These professionals see worker’s comp patients regularly and know what is required for a valid claim, and will record your statements.

This is not the time to suffer in silence. If working is agonizing because of your injuries, do not say you are fine and can continue working. Be forthright with each healthcare provider you visit about how your injuries are affecting your work. The compensation you receive may be limited otherwise or, worse, rejected.

Don’t Badmouth Your Employer

Depending on the circumstance surrounding your injuries, you may be tempted to use some choice expletives for your employer during a medical consultation. Even if your boss reacted badly to your claim, the worst thing you can do is vent in front of your doctor.

Unlike other medical cases, there is no such thing as doctor-patient confidentiality in a worker’s compensation claim. In other words, whatever you say to the doctor will be used to gauge your credibility and temperament. If either is lacking, you may lose out and will have to pay out of pocket for your medical bills.

Contact Robert Edens For a Consultation Today

If your compensation has been denied by the insurance company or your employer, you can and should sue. Contact the worker’s comp lawyers in Waukegan from The Law Offices of Robert T. Edens today! We have extensive experience representing clients like you get the compensation they deserve.

November 30, 2021February 7, 2023

What are Some Symptoms of Traumatic Brain Injury?

A hard hit to the head usually causes a traumatic brain injury (TBI), and its symptoms can have debilitating effects. The injury can be quite complex. Besides physical changes, your brain may also undergo chemical changes to compensate for the injury. In mild TBIs, these symptoms are short and do not do much damage to the brain. However, serious TBIs can have long-lasting effects that can manifest in the future without warning.

Common Symptoms of Traumatic Brain Injuries

TBIs are classified as per the mechanism and the severity of the injury. Naturally, symptoms vary as per the condition you are in:

Mild TBI

Individuals who get mild TBIs are usually awake, and their eyes are open. Some of the symptoms they can suffer from include memory loss, disorientation, headaches, and brief fainting spells.

Moderate TBI

People who are diagnosed with moderate TBI can feel lethargic, and their eyes are responsive to stimulation. They may also lose consciousness for 20 minutes or 6 hours, depending on the severity of their injuries. Brain swelling and internal brain bleeds are usually the cause of lethargy.

Severe TBI

Individuals diagnosed with a severe traumatic brain injury lose consciousness, and their eyes do not respond to stimulation. They may remain under for more than six hours.

Types of Traumatic Brain Injuries

Besides the severity of the injury, symptoms can differ as to the type of TBI you have. Some of the common ones include:

Concussion

A concussion is a mild head injury that can make you faint. However, it rarely causes permanent brain damage.

Contusions

Contusions are bruises that can manifest in specific areas of the brain and are caused by impacts to the head, such as blunt force trauma. These types of injuries are also called contrecoup or coup injuries. The brain is injured directly right under the area of impact in coup injuries. In contrecoup injuries, the injuries lie on the opposite side of impact. If left untreated, these can lead to disabilities or prove fatal.

Traumatic subarachnoid Hemorrhage (tSAH)

A traumatic subarachnoid hemorrhage (tSAH) is a brain bleed that occurs around the brain. This area is typically filled with cerebrospinal fluid, which cushions the brain against impact. However, in the case of a tSAH, small arteries tear in the brain, and blood starts to spread over the surface. This can lead to widespread effects if the condition is undiagnosed.

Hematoma

A hematoma is a blood clot that can form when a blood vessel ruptures because of blunt force trauma or any impact on the head. The punctured vessels release blood which starts to thicken and clot. A hematoma can be tiny, but it can grow larger and compress the brain as a result. The symptoms can differ as per the location of the clot, which may need to be removed via surgery depending on its size. The bloodstream usually absorbs smaller ones.

Contact the Law Offices of Robert Edens for a Consultation

Have you suffered from a traumatic brain injury because of someone’s negligence? If you answered yes, you should contact Antioch traumatic brain injury lawyers from the Law Offices of Robert T. Edens right away and file a lawsuit against them. We can ensure you get the compensation you deserve

November 25, 2021February 7, 2023

How Do Illinois Dog Bite Laws Affect Compensation in My Personal Injury Case?

Illinois is a strict liability state which means dog bite laws in Illinois protect victims of attacks. It means that if your dog bites someone, you will be held liable for the injuries they sustain. As per the Illinois Animal Control Act, it is the dog owner’s responsibility to ensure their pet is secured in their property at all times. Plus, they also have to make sure their dog is leashed during walks.

Types of Damages You Can Get For Dog Bites in Illinois

Like most personal injury cases, dog bite laws are valued as per economic and non-economic damages such as the following:

Medical Bills

You can be compensated for all of the medical bills you had to pay the hospital that treated your wounds that resulted from the attack. This includes ER treatment and future medical aid such as reconstructive surgery (to fix your scarred body or face) or an injury that requires physical therapy. Since the dog owner was not able to keep their pet from attacking you, they have to pay all of those expenses.

Financial loss

If the dog attack resulted in injuries that made you bedridden or prevented you from doing your job, your dog bite lawyer in Lake County could also make a wage loss claim as part of your lawsuit against the owner. In this case, they can say that the injuries you sustained because of the dog owner’s negligence prevent you from making a living, so you should be compensated for it.

Pain and suffering

As per Illinois law, you can also receive compensation for the pain and suffering you went through because of the dog attack. This includes past, present, and future pain and suffering. The good news is that the court usually rejects caps on this type of compensation, so you can get almost all of the compensation you need to avoid financial ruin. An experienced dog bite lawyer in Lake County can ensure you get the maximum amount.

Disfigurement

Most dog attacks result in deep and permanent scarring that can take a toll on the victim’s physical and mental health. Puncture wounds and nerve damage can take months to heal and thousands of dollars to treat surgically. Even reconstructive surgery may not be enough to reverse all of the damage. However, ensuring you get compensated from the guilty parties can go a long way in helping you heal financially and emotionally.

Contact Robert Edens for a Consultation Today

A dog attack can lead to lifelong disfigurement and PTSD. If you are uncertain about dog bite laws in Illinois, get in touch with Robert Edens today. He will meet with you and go over all of the facts surrounding your case in detail. With two decades of experience representing victims like you, he will ensure you get the maximum compensation you deserve.

The consultation is completely free of cost, so you have nothing to lose. You will not be forced to sign anything you are uncomfortable with or asked to pay till you get a fair settlement.

November 18, 2021February 7, 2023

Will Legal Cannabis Use Cause An Increase In Car Accidents in Illinois?

Cannabis use in Illinois became legal in January 2020. This means that anyone who lives in the state can legally possess and use the drug for recreational and medicinal purposes. Since the drug has hallucinogenic effects, the number of drivers driving under the influence has increased.

Just as drunk driving can inhibit a driver’s ability to remain focused on the road, so can marijuana. If you were involved in a car accident in which you or the other driver were found to be under the influence, you should contact a car accident attorney in Grayslake.

Statistics on Increase in Car Accidents Post Legalization of Cannabis

According to statistics released by the Insurance Institute for Highway Safety and the Highway Loss Data Institute, there has been a significant increase in traffic accidents in states that have legalized cannabis use. Some of the significant findings in the report are as follows:

There has been a 6 percent increase in accidents involving motor vehicles and a 4 percent increase in ones that resulted in fatalities.
Drivers who drive under the influence of alcohol and marijuana are 500 percent more likely to sustain serious injuries in an accident, resulting in hospitalization. The spike in accidents is significant if we consider that drivers who drive under the influence of alcohol have a 300 percent chance of getting into a serious accident.

Why It Is Illegal to Drive under the Influence in Illinois

Whether you have a license to use marijuana or not, it is illegal to drive under the influence of any drug in Illinois. This is understandable as drivers who are under the effect of the drug can:

Hallucinate
React to hazardous road conditions too late
Take longer to brake
Take more time than lucid drivers to respond to hazardous road conditions
Have difficulty staying in their lanes

These are just some of the reasons why anyone who is found driving under the influence of marijuana can face DUI charges. The consequences of debilitated driving are usually deadly. Can you afford the medical bills that you will get after you get out of the hospital? Plus, you may take weeks, if not months, to heal depending on your injuries.

Contact an Experienced Car Accident Attorney in Grayslake

If you were involved in a car accident in Grayslake, you have rights, whether you were under the influence or not. At the Law Offices of Robert T. Edens, P.C., we can assign an experienced lawyer to you who can protect your rights and ensure get the maximum compensation you deserve.

Why shouldn’t a team of legal professionals protect your rights? You deserve the best representation and so much more for the pain and suffering you have gone through.

Our Illinois personal injury law firm has been fighting for car accident victims such as you for more than two decades. We have closed more personal injury cases successfully in Illinois than most firms. Please take your time to make an informed decision by going over our website and our services. Once you have made up your mind, contact us for a free consultation.