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What Are The Requirements To Receive Workers’ Comp In Illinois?

workers comp in IllinoisWorker’s comp insurance in Illinois covers expenses for employees if they are injured on the job or fall ill during their work duties. The coverage can pay for your medical bills and replace most of the wages you may lose as you recuperate. However, not every employee is eligible for compensation.

Eligibility Requirements for Workers’ Compensation

If you are eligible for worker’s comp, you will receive it whether you were at fault for the injury or someone else. However, you cannot file a lawsuit against your employer later, except in a few situations.

Illinois workers’ compensation attorneys will tell you that to be eligible for worker’s comp in Illinois you:

  • Have to be an employee.
  • Must work for an employer who carries the insurance.
  • Must have a work-related illness or injury.
  • Must meet the state’s deadline for reporting said illness or injury.
  • File a worker’s compensation claim.

Special employee categories (such as farm workers, domestic workers, seasonal workers, and temporary workers) have to follow separate rules for compensation.

What You Should Do to Get Workers’ Compensation

If you are eligible for compensation, you can still forfeit your claim if you don’t do the following beforehand:

  • Get medical help as soon as you are injured or fall sick.
  • Follow your doctor’s advice and try to heal so you can return to work promptly. Employees who fail to do this and make their condition worse, as a result, can lose their benefits.
  • Inform the doctor that your condition is work-related, so they know that your employer will cover the medical bill.
  • Provide the hospital or doctor’s name and address to your employer and if you change doctors later.
  • Hand over copies of your medical records to your employer as proof of your claim, condition, and the treatments you received or have to get.

What Workers’ Comp Doesn’t Cover

Worker’s comp doesn’t cover the following ailments:

  • Injuries that result from horseplay or fighting.
  • Self-inflicted injuries.
  • Psychiatric disorders or stress.
  • Injuries sustained while you committed a crime.
  • Injuries sustained under the influence of drugs, alcohol, or policy violations.

If your work is repetitive (such as assembly line work) or you type for hours every day, you can sustain cumulative injuries (such as carpal tunnel syndrome) that workers’ comp may cover. You can be eligible for benefits if you took time off because of the injury and know it is work-related. In either case, you should visit a doctor right away and file your claim, so your employer is in the know from the get-go.

Get the Compensation You Deserve With Help from Robert Edens

If you are eligible for workers’ comp in Illinois, but your claim was denied, contact the Illinois workers’ compensation attorneys at the Law Offices of Robert T. Edens today. We have more than two decades of experience fighting for the rights of employees like you and have an impressive track record of successful cases.

Contact us for a free consultation today. We can provide testimonials of satisfied clients on-demand and let you know the expected outcome of your case.

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Why Do Workers’ Comp Adjusters Try To Keep You From Getting Paid?

workers compIf your Illinois workers’ comp was declined, your employer might not be the only one to blame. Claims adjusters are paid to ensure that claimants get as little as possible. That’s how insurance companies make money. Unfortunately, because of this, millions of deserving injured workers are denied compensation that can help them pay for their medical bills and future treatments.

 

Why  Workers’ Comp Adjusters Try To Deny Your Claim

As mentioned, insurance adjusters work for the insurance company, not a charity. They are in it to make a profit. They follow a complex business model that ensures the house (the insurance company they work for) wins every time.

 

Insurance companies collect hefty premiums, use them to invest in other ventures, and pay off as few claimants as possible so they can keep the leftover money. In other words, their job is to pay as little as possible irrespective of the type of claim you have. Their adjusters can also deny claims completely for this.

 

They aren’t out to get you. That’s just how they work within the system. However, this doesn’t mean you cannot call them out on it. Antioch workers’ comp lawyers understand that system and can work with the adjuster to resolve ‘disputes.’ While denying your claims is part of the latter’s job, that doesn’t mean you should put up with it when your finances and health are at stake.

 

Why Employers Can Try To Deny Your Claim

Employers pay premiums for workers’ compensation insurance coverage because they have to from a legal point of view. These are based partially on the claim amount the insurance company can pay in claims.

 

So if one of their employees is out for the count for months because of a workplace injury and requires compensation for surgeries or physical therapy or is permanently disabled, the insurance company may increase those premiums.

 

Employers who want to keep those prices down may deny claims whether they are valid or not. This can happen if multiple employees file Illinois workers’ comp claims one after another in a very short period, which can cause a spike in premiums.

 

Some employers fight these claims to discourage other employees from filing future claims. If you have seen a colleague being harassed or fired for this request, you may think twice about filing one yourself, even if you are seriously injured on the job. Similarly, if a coworker fought for years to get the compensation through the court but their claim was denied because of inexperienced lawyers, you may be discouraged further.

 

Contact the Law Offices of Robert T. Edens for a Consultation Today

If you or someone you know has been injured in the workplace and your employer or the insurance company has denied your claim, contact the Antioch workers’ comp lawyers at the Law Offices of Robert T. Edens today! We will take a detailed look at your case and develop a strategy that can ensure you get the maximum compensation you deserve.

The evaluation is completely FREE of cost, and you will not have to sign anything at that stage. Our advice will be priceless. Contact us today.

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

dog biteIllinois 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.

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

car accidentsCannabis 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.

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How Is The Amount For Workers’ Compensation Calculated In Illinois?

workers compensationAs a worker in Illinois, you are eligible for compensation for injuries or damages sustained during your work as per the Workers’ Compensation Act. The system is designed to ensure workers can get back to work as soon as possible without worrying about the losses they sustain from workplace accidents.

Disability Compensation Rate in Illinois

The compensation you receive will depend on your medical condition and the salary you earned pre injuries. An experienced Waukegan workers’ compensation attorney will ensure you get the maximum amount you deserve. Here are some factors that are taken into consideration for the calculation:

Scheduled Injury

You have a set number of weeks to receive compensation for certain injured body parts. Under the scheduled injury method, you can determine weekly compensation for injuries if you multiply 60 percent of the weekly wages you receive with the weeks assigned to particular injured body parts in the hyperlinked list.

 

So, for instance, if you injured your hand during work, and your average weekly pay is $500, that equals $300 per day. Multiply that figure with 205 weeks as mentioned in the list, and you are entitled to $102,500.

Loss of Percentage as a Whole

If injuries from the accident made you incapable of performing a key work task that you would otherwise be able to perform, compensation could be determined via the following formula:

Percentage of loss x 500 = number of weeks of compensation for the employee

So you have to multiply the number of weeks by 60 percent of your average weekly wage.

Wage Differential

If your injuries prevent you from gaining other employment for less pay, you may be entitled to two-thirds of the difference between the old and new job wages. However, this amount cannot be more than the State Average Weekly Wage.

 

If a work-related injury disfigured you, our Waukegan workers’ compensation attorney could help you get compensated for 162 weeks. You can work with your employer to determine this.

 

If a work-related accident results in a temporary total disability that prevents you from performing job tasks, you are eligible for compensation on the fourth working day of said disability. In this case, you should receive compensation for the duration of your ailment, and if it lasts for more than 14 days, compensation should be calculated from the day of the accident.

Contact Robert Edens for Fair Workplace Injury Compensation

If you or someone you know has suffered a workplace accident that caused debilitating injuries and is being denied worker’s compensation, you can and should sue. Get in touch with Robert Edens at the Law Offices of Robert T. Edens, P.C. for a free consultation today.

A dedicated and highly experienced Waukegan workers’ compensation attorney, Bob will ensure you get the maximum compensation you deserve, if not more. During the initial meeting, he will explain the law to you so you know all of the options you have at your disposal. This will also include a strategy that will outline what he will do for you.

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Who Determines Wrongful Death?

wrongful death lawyers in WaukeeganLosing someone you love with your whole being can be the most painful experience of your life. If they lost their life because of someone’s negligence, the pain only multiplies. In such cases, you can ask a Waukegan wrongful death attorney to help you determine wrongful death in court and get some closure. If the deceased was the main breadwinner of your family, the damages can support you financially as well.

 

However, in the wrong hands, a wrongful death lawsuit can end up being more costly for you than the one who was responsible for the death. For example, an inexperienced Waukegan wrongful death attorney may not be able to help you recover the benefits that you may have received if the deceased had lived.

 

Who Is Eligible To Recover Compensation For Wrongful Death?

According to the Illinois Wrongful Death Act, only the deceased’s spouse and children can recover damages in a wrongful death claim. It is different from the Survival Act compensation which allows the deceased’s estate to recover said damages that he/she may have recovered if they lived or survived.

 

The court that hears the lawsuit has the authority to determine how the money is divided between the children and the spouse as per their level of dependency on the deceased. In other words, the court evaluates how much each member of the family depended on the deceased financially.

 

For instance, if a single mother passed away and she was responsible for an adult child’s education, he/she may get more money compared to their older siblings who are employed and are not financially dependent.

While this may seem unfair, wrongful death lawyers in Waukegan may say otherwise. It just makes sense, but your lawyer will be able to help you understand it much better.

 

Wrongful Death vs. Murder

While it may not seem so, wrongful death is not the same as murder. The latter is a criminal charge that is brought upon a defendant (by a prosecutor) who committed a crime that lead to the death. Wrongful death claims on the other hand are filed in civil court by the family members of the deceased. Plus, you can file a wrongful death claim, whether or not criminal charges were filed against the defendant.

 

One of the most famous examples of this is the trial of OJ Simpson in the 1990s. While the famed football star was tried and charged for the murder of his wife and her male friend, he was found not guilty for their deaths from a criminal point of view. However, he was liable for their wrongful deaths. While he has yet to pay a cent to the families of the victims, the amount has more than doubled and the charge is not going anywhere.
Personal Injury Attorney
If you lost a loved one because of someone else’s negligence, you and your family should file a wrongful death lawsuit against them without hesitation. For experienced wrongful death lawyers in Waukegan get in touch with the Law Offices of Robert T. Edens today. We have over 20 years of experience helping families find closure with successful lawsuits against guilty defendants.

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How Are Personal Injury Awards Calculated?

Antioch personal injury lawyersOne of the most crucial things you need to know about when filing a personal injury claim is the maximum amount you can receive. To get a good understanding, it helps to know what factors go into the calculation. Antioch personal injury lawyers can help you with those, but here is a simple breakdown.

How A Personal Injury Claim Is Calculated

The compensation you receive is directly proportional to the severity of your injuries. So if they are severe, you should receive quite a substantial amount provided you have experienced Antioch personal injury lawyers in your corner. For example, you may not get as much compensation for soft tissue damage as you would get for a traumatic brain injury.

Your personal injury lawyer will calculate a ballpark figure based on not only the seriousness of your injuries, but also the pain and suffering you went through because of them. Some of the types of damages they will take into consideration include the following:

Economic Damages

These pertain to financial losses you incurred because of your injuries such as medical expenses, missed wages as you had to take days off from work to heal, payments for medical treatments, etc. If you had to take a lower-paying job because of your condition afterward, the difference in salaries will also be taken into account.

Non-Economic Damages

Non-economic damages are challenging to calculate since they are not tangible. This includes pain and suffering, mental anguish, and loss of enjoyment in life. These damages recognize what you are going through to a certain extent beyond what economic damages can compensate for.

However, pain and suffering is far from a random amount. While Antioch personal injury lawyers do not have a set formula to calculate it, they have other ways to calculate it that can benefit you. Some of the factors they take into account to do this include:

  • The extent of your injuries.
  • Their impact on your daily life.
  • Your overall pain and discomfort.
  • Whether the injuries are disfiguring.
  • Loss of enjoyment in hobbies.
  • Overall pain and discomfort.

Punitive Damages

These damages are different because they are not intended to compensate you. Rather, they are used to punish the defendant if for example, they threaten you from making a claim or to prevent them from repeating the act that resulted in your injuries. Punitive damages are reserved for serious negative conduct on the part of the defendant. You may or may not be awarded these damages depending on the circumstances surrounding your case.

If you have suffered a personal injury because of someone else’s negligence, you are entitled to compensation. If the insurance company of the defendant or the defendant denies your claim, you have grounds to sue and should get in touch with the Law Offices of Robert T. Edens right away. We have acquired millions of dollars for our clients over the course of two decades and have seen it all.

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Do I Need An Attorney To File A Workers’ Compensation Claim?

workers' compensation lawyer in AntiochAccidents are a common occurrence in the workplace. You can fall off a ladder and break your arm, trip over wires and sprain your ankle or get carpal tunnel after years of typing. A workers’ compensation lawyer in Antioch can ensure you get the compensation you deserve if your employer refuses to give it. This includes the money you lose in terms of lost wages and medical bills.

Why You Should Hire A Workers’ Compensation Lawyer In Antioch

This is important because while recovering disability and medical benefits post a workplace accident should be a straightforward process, it rarely is. While the reason for hiring a workers’ compensation lawyer in Antioch is to maximize your financial recovery, he/she can also help you overcome any obstacles you may encounter. These include the following:

Your Employer Refuses To Believe/Denies The Accident Happened

This can happen if you suffered a slight injury at work and did not report it and it got worse later. The employer or insurance carrier may deny that the original injury happened at work. This can also happen if long-term effects of exposure to a toxic substance at work result in disease.

Your Employer Delays The Claim

Once you report an injury at work, the company has to provide you the proper paperwork immediately, so that you can record your claim. They should also report it to the compensation board and file a claim with the insurance carrier. If your employer is dragging his/her feet in a bid to miss the deadline or even because of sheer laziness, a lawyer can step in and expedite the process.

You Suffered Permanent Disabilities That Compromise Your Work Performance

Insurance companies are more likely to contest these claims since they tend to be the most expensive. A worker’s compensation lawyer in Antioch will ensure you get the amount you deserve if not more.

The Insurance Company Refuses To Pay For a Treatment Your Doctor Recommended

If your injuries require you to get rehabilitation, those visits may be deemed unnecessary by the insurance company which is wrong. Your lawyer can ensure they don’t get away with it and those treatments are adequately covered.

Your Employer Retaliates Against You For Filing a Claim

If your employer fires or demotes you or reduces your hours/pay because you filed a workers’ compensation claim, a lawyer can ensure your legal rights are protected. You can even claim damages resulting from the discriminatory actions.

Your Injuries Were The Result Of Someone Else’s Actions Or Misconduct

The worker’s compensation system was designed to avoid civil lawsuits in case of workplace injuries. But you can also sue outside it in certain circumstances. For example, if say a negligent driver who does not work for the company hit your car while you were driving to work or your employer did, an experienced lawyer can explain how the law applies to these situations.

Personal Injury Attorney

If you are in search of an experienced worker’s compensation attorney, get in touch with us at the Law Offices of Robert T. Edens today. We have been fighting for the rights of workers like you for more than two decades. Get in touch with us for a consultation today.

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What Do I Do If My Workers’ Compensation Claim In Illinois Is Denied?

workers compensation claimWhen a workers’ compensation claim is denied, it can be quite shocking, but the good news is that it is not the end of the road. A Waukegan workers’ compensation attorney can walk you through the appeal case but before that, make sure that your claim was denied without reason.

Why workers’ Compensation Claims are Denied

If you are denied workers’ comp benefits, your employer is obligated to send you a written explanation of the reasons behind it. If that hasn’t happened, approach your employer yourself for an explanation. While each case is unique, most claims are denied because of the following reasons

Incomplete Report Or Lacking Records

If your report is incomplete or missing vital details, your claim may be denied. This is nothing that a quick revision cannot fix.

A Pre-existing Condition

An employer may try to deny benefits by claiming your injury was a pre-existing condition. However, even in this case, you may be able to get compensation especially if the condition worsened because of your job.

The Accident Occurred Off-Site

As per Illinois law, your injury has to arise from your employment for you to be eligible for compensation. However, you can still claim benefits even if it happens offsite while you were working for the employer. If your employer is denying you compensation because of this, you should hire a Waukegan workers’ compensation attorney to dispute the decision.

The Injury Isn’t Covered

Certain injuries may not be covered by your workers’ Compensation such as mental health. If that is the case, even if you work in a stressful environment, your claim for psychiatric care may be denied.

Lack of Cooperation

If you fail to cooperate with the insurance company when they call you to ask about your claim, it may be denied. This can happen if you refuse to give a recorded statement. While you have the legal right to not do so, your claim can still be denied. In this case, you should hire an attorney to dispute the denial.

Workers’ Compensation Appeal

You have the right to appeal a denial of your workers’ compensation claim. There are several ways to do this. You can bring your case to an arbitrator who is appointed by the Illinois workers’ Compensation Commission (IWCC). If the decision is unsatisfactory for you, you can go ahead and appeal to IWCC commissioners.

If you are still denied benefits, you can appeal the case to the Appellate and Circuit Court. If that is unsuccessful as well, you can ask your Waukegan workers’ compensation attorney to take your case to the Supreme Court. In this case, you may end up with more compensation than you anticipated because of the hardships you had to endure due to denial of the claim.

See more on our Illinois Workers’ Compensation FAQs page.

The Law Offices of Robert Edens have been fighting for the rights of injured workers for two decades and can help you as well. If you or someone you know is being denied benefits by their employers, get in touch with us for a consultation today. We have experienced attorneys who can handle your case and ensure you get the compensation you deserve.

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Steps You Need to Take After an Auto Accident in Illinois

Cook County car accident lawyerAccording to official stats, around 6.7 million car collisions are reported in the U.S. every year. Being involved in an auto accident can prove traumatic, depending on the injuries sustained. In this guide, we’ll take a look at what you should do when faced with a car accident.

Examine Your Injuries

Before anything else, determine whether you or someone else needs urgent medical care. In case of a medical emergency, call 911 at your earliest. When you’re sure everyone is safe, assess the damages caused to your vehicle.

However, do not exit the vehicle without looking back for any approaching vehicles. On major highways, in particular, secondary accidents are a common occurrence, so you might be better off by staying inside your car until the police arrive.

If you do manage to safely exit the vehicle and the involved cars are blocking the traffic, move them out the way to prevent further collisions.

Call the Police

No matter how negligible the collision is, call the police as soon as you can. You must file a legal accident report when the law enforcement personnel arrive. By reporting the incident to the police, you extricate yourself in criminal liability for failing to inform the authorities and document critical information. The step also proves valuable when you proceed to file your insurance claim.

Capture the Scene

Unless the vehicles are obstructing the traffic, avoid moving them from their position after the accident. Use your smartphone to capture images of the scene, including the vehicles involved, your injuries, the damages caused to your car, and other drivers.

These will serve as valuable evidence when you go on to file your personal injury claim. In the fear and confusion that follows, one can easily forget this critical step. Also, if you can find any witnesses, walk over to them and try to note down their phone numbers and addresses.

Exchange Information With Other Drivers

Walk over to other drivers who were involved and note down their names, phone numbers, addresses, license plate number, vehicle identification number, insurance information, make and model of the cars involved, and driver’s license number of other drivers.

Contact Your Insurance Company

Regardless of whether you’re at fault, contact your insurance company soon after the collision. Your insurance company will provide valuable information to your attorney about other drivers and their insurances. In the case of uninsured motorist insurance, you will be covered by your own insurance company. To learn about the Illinois insurance requirements, go through this Illinois Car Accident Law.

Also, if you don’t hear from the at-fault driver’s insurance company in a few days, call them yourself and inform them that you’ve been involved in an auto accident with one of their clients.

When it comes to hiring an attorney, Robert T. Edens is the best Cook County car accident lawyer to help you through the claims process. To book a consultation, contact us at your earliest.