The Role Of Medical Evidence In Workers’ Compensation Cases

compensation

Medical evidence plays a vital role in workers’ compensation claims in Illinois. When a worker suffers an injury on the job, their ability to obtain benefits will depend on the strength and credibility of the medical documentation supporting their claim. Workers’ compensation insurance companies and employers frequently challenge claims, arguing that the injury was pre-existing or unrelated to work. This makes medical records, doctor evaluations, and expert opinions essential in proving the nature and extent of an injury.

Under the Illinois Workers’ Compensation Act (820 ILCS 305/1 et seq.), injured workers are entitled to benefits such as medical expenses, temporary total disability (TTD), and permanent partial or total disability (PPD). However, without strong medical evidence, these claims can be denied or significantly reduced. Below, we discuss how medical evidence is used in workers’ compensation cases and why it is critical to securing fair compensation.

Why Medical Evidence Matters In Workers’ Compensation Cases

Medical evidence provides objective proof of an injury and its connection to a worker’s job duties. The insurance company will review medical records, diagnostic tests, and treatment history to assess whether a claim is valid. Strong medical documentation can:

  • Establish that an injury or illness is work-related.
  • Demonstrate the severity of the condition and its impact on job performance.
  • Support claims for temporary or permanent disability benefits.
  • Help refute arguments from the insurance company that an injury is unrelated to work or pre-existing.

Key Types Of Medical Evidence In Workers’ Compensation Cases

1. Medical Records – Medical records serve as the foundation of any workers’ compensation claim. These records include doctor’s notes, hospital records, prescriptions, and physical therapy reports. It is important for injured workers to seek medical attention immediately after an injury and to follow all prescribed treatments.

2. Diagnostic Tests – Objective tests such as X-rays, MRIs, and CT scans provide concrete evidence of an injury. Insurance companies often dispute claims based on subjective complaints, but imaging and diagnostic reports can help substantiate pain and mobility limitations.

3. Physician’s Report And Opinions – A treating physician’s evaluation carries significant weight in a claim. The doctor will document:

  • The nature and extent of the injury.
  • Whether the injury is work-related.
  • Recommended treatment plans.
  • Work restrictions and potential for recovery.

Employers and insurance companies often request independent medical examinations (IMEs) from doctors of their choosing. These doctors may provide an opinion that minimizes the severity of the injury or questions whether it is work-related. A strong, consistent record from a treating physician can counter these challenges.

4. Functional Capacity Evaluations (FCEs) – An FCE assesses an injured worker’s ability to perform job-related tasks. If a worker has permanent impairments, an FCE can help determine the extent of disability and whether they can return to work in any capacity.

5. Testimony From Medical Experts – In cases where the insurance company disputes an injury claim, testimony from a medical expert can be invaluable. A qualified medical professional can clarify complex medical issues and confirm that the injury was caused or worsened by workplace conditions.

Common Disputes Over Medical Evidence

Even with strong medical evidence, workers’ compensation claims are often contested. Some of the most common disputes include:

  • Pre-existing conditions – The employer or insurer may argue that the injury was due to a prior condition rather than a workplace accident.
  • Delays in seeking treatment – If an injured worker does not immediately seek medical care, the insurance company may claim the injury was not serious or was unrelated to work.
  • Contradictory medical opinions – If an IME doctor provides a different diagnosis than the treating physician, the claim may be denied, or benefits may be reduced.
  • Failure to follow medical advice – If an injured worker does not attend follow-up appointments or comply with treatment, the insurance company may argue that the injury is not as severe as claimed.

Strengthening Your Workers’ Compensation Claim With Medical Evidence

To improve the chances of receiving full benefits, injured workers should:

  • Seek immediate medical attention after an injury and explain that it occurred at work.
  • Follow all treatment recommendations from their doctor, including therapy and medications.
  • Keep detailed records of all medical visits, treatments, and prescriptions.
  • Be honest and consistent when describing symptoms and how the injury occurred.
  • Consult an experienced workers’ compensation attorney who can gather and present the necessary medical evidence to support the claim.

Workers’ Comp FAQs

How does medical evidence affect workers’ compensation settlements?

Medical evidence plays a key role in determining the value of a settlement. If a doctor confirms that an injury has caused permanent impairment, the worker may be entitled to a larger settlement. The severity of the injury, future medical costs, and the ability to return to work all influence the final settlement amount.

What happens if my employer’s doctor disagrees with my treating physician?

If an employer’s independent medical examiner (IME) disputes your doctor’s findings, your benefits could be delayed or denied. In these cases, additional medical opinions, functional capacity evaluations, and legal representation can help challenge the IME’s conclusions and strengthen your case.

Can I get workers’ compensation if I have a pre-existing condition?

Yes, workers’ compensation benefits may still be available if a workplace injury aggravated a pre-existing condition. Medical evidence must demonstrate that job-related activities worsened the condition beyond its natural progression.

What should I do if my workers’ compensation claim is denied due to lack of medical evidence?

If a claim is denied, obtaining additional medical evaluations, test results, and expert testimony may help overturn the decision. Workers can also file an appeal with the Illinois Workers’ Compensation Commission (IWCC) to challenge the denial.

How long do I have to seek medical treatment after a workplace injury?

There is no strict deadline, but delaying treatment can harm a claim. Illinois law requires that injuries be reported to an employer within 45 days of occurrence. However, seeking medical care immediately after an accident strengthens the case and provides documentation of the injury.

Will my medical records be shared with my employer?

Employers and insurance companies have the right to review medical records related to workplace injury. However, they cannot access unrelated medical history without permission. If an employer requests broad access to medical records, a workers’ compensation attorney can ensure that privacy rights are protected.

What if my employer refuses to provide medical treatment for my injury?

If an employer refuses to authorize medical care, workers can seek treatment independently and file a claim for reimbursement through the Illinois Workers’ Compensation Commission. Employers are legally required to provide reasonable and necessary medical care for work-related injuries.

How can a workers’ compensation lawyer help with my medical evidence?

An attorney can:

  • Ensure that all necessary medical records and evaluations are included in the claim.
  • Challenge unfavorable IME reports.
  • Gather expert medical testimony to support the claim.
  • Represent the injured worker in hearings before the Illinois Workers’ Compensation Commission.

Contact The Law Offices Of Robert T. Edens, P.C. For Your Free Consultation

If you or a loved one has suffered a workplace injury and need assistance with your workers’ compensation claim, we are here to help. At The Law Offices of Robert T. Edens, P.C., we understand how important medical evidence is in securing the benefits you deserve.

Contact our Illinois Workers’ Comp Lawyer at The Law Offices of Robert T. Edens by calling us at 847-395-2200 to receive your free consultation. We represent injured workers in Antioch, Waukegan, Woodstock, and throughout Illinois. Let us fight for your rights and ensure that you receive the full compensation allowed under the law.

Third-Party Liability In Illinois Workers’ Compensation Cases

workers comp

As the founder of The Law Offices of Robert T. Edens, P.C., and a seasoned Illinois Workers’ Comp Lawyer, I understand the complexities that can arise in workers’ compensation cases, especially when they involve third-party liability. In Illinois, if you’re injured on the job, the path to recovery isn’t limited to just workers’ compensation claims; there may also be potential to pursue third-party claims if someone other than your employer contributed to your injury. Your role in this process is crucial, and I’m here to guide you through it.

Understanding Third-Party Liability In The Context Of Workers’ Compensation

Workers’ compensation is designed to provide benefits like medical care, wage replacement, and disability compensation without requiring you to prove your employer was at fault. However, these benefits can be limited and may not fully cover all your losses, especially in cases of severe injuries. The good news is that third-party claims can provide additional compensation, offering a ray of hope in what might seem like a challenging situation.

A third-party liability claim arises when an entity separate from your employer is responsible for your injury. This could be a contractor, a negligent driver if you were in a work-related car accident, or the manufacturer of faulty equipment. Such claims are crucial because they allow you to seek damages not covered by workers’ compensation, including pain and suffering and full wage replacement.

The Importance Of Swift Evidence Collection

Immediate and thorough collection of evidence is critical in third-party liability claims. This includes gathering accident reports, medical records, witness statements, and any physical evidence from the accident scene. Timely legal action ensures that we preserve this evidence and meet any statutory deadlines for filing claims, which is vital for building a strong case.

Navigating Complex Liability Issues In Workplace Accidents

In the context of Illinois workers’ compensationaa, navigating complex liability issues requires an astute understanding of the intersections between various legal domains. When third parties are involved, the situation becomes multi-faceted, requiring not just an understanding of workers’ compensation laws but also of negligence, product liability, and tort law.

Multi-Party Involvement And Its Challenges

Workplace accidents often involve multiple parties, including equipment manufacturers, subcontractors, and even maintenance companies. Each entity may have contributed in some way to the accident scenario. For instance, if a piece of machinery malfunctions and causes an injury, the manufacturer could be liable under product liability laws. Similarly, if this equipment was improperly installed or maintained by another company, that entity could also hold responsibility.

Successfully untangling these relationships and establishing each party’s degree of fault is critical. It requires a meticulous approach to evidence collection and a strategic legal analysis to ensure that every responsible party is held accountable.

The Role Of Expert Witnesses In Third-Party Claims

In complex third-party liability cases, expert witnesses play a crucial role. They provide the technical expertise needed to explain how an accident occurred and to establish the link between a third party’s actions and the injury suffered. For example, an engineering expert might be needed to testify about the mechanical failures of a piece of equipment. In contrast, a medical expert could be crucial in linking the injuries directly to the accident.

The testimony of these experts often provides the backbone of a third-party claim, helping to paint a clear picture of causation and liability that can be understood by a jury or insurance adjusters.

Strategic Legal Action And Settlement Negotiations

Once liability is clearly established and supported by solid evidence, the next step involves strategic legal action. This may include intense settlement negotiations where having a skilled negotiator becomes invaluable. Experienced lawyers know how to leverage the collected evidence and expert testimonies to maximize settlement offers from third parties and insurers.

In cases where settlement isn’t possible, the preparedness to go to trial is crucial. A lawyer with a strong trial background in third-party liability cases will be able to effectively present your case, challenge the opposition’s evidence, and argue convincingly for the compensation you deserve.

Long-Term Considerations

The consequences of workplace injuries can extend far beyond the immediate medical costs and lost wages. Long-term impacts such as ongoing medical treatments, rehabilitation costs, and the potential for future earnings loss should also be considered in third-party claims. Effective legal representation involves not only securing compensation for immediate damages but also forecasting and arguing for future needs.

This forward-thinking approach ensures that settlements or awards consider all potential future expenses, securing the injured worker’s financial and medical stability.

Continued Legal Support And Monitoring

Even after a settlement is reached or a verdict is won, the role of your attorney is not always complete. Our continued legal support is designed to provide you with reassurance and peace of mind. We’ll be there to enforce the settlement terms, handle any post-trial appeals, and manage the disbursement of funds. Additionally, we can help coordinate with medical care providers and other professionals to ensure that the terms of the settlement are sufficient to cover your long-term needs.

FAQs About Third-Party Liability In Illinois Workers’ Compensation

What Is Third-Party Liability in Workers’ Compensation?

Third-party liability refers to the legal responsibility of parties other than the employer when an injury occurs at work. This can include manufacturers of faulty equipment, other subcontractors on a job site, or unrelated drivers in work-related vehicle accidents.

How Can I Identify a Potential Third-Party Claim?

Identifying a third-party claim requires a careful review of the accident circumstances. Any party whose negligence contributed to the incident might be liable. This often requires an investigation into the actions of equipment manufacturers, other drivers, or subcontractors who were present at the time of the injury.

What Are the Differences Between Workers’ Comp and Third-Party Claims?

Workers’ comp provides benefits regardless of fault but is limited in what it covers. Third-party claims require proof of negligence but can lead to full compensation for losses, including pain and suffering and complete wage replacement. However, it’s important to note that the outcome of a third-party claim can vary depending on the circumstances of the case.

What Should I Do If I Think I Have a Third-Party Claim?

If you suspect you have a third-party claim, it’s crucial to seek legal advice as soon as possible. Contact a workers’ comp lawyer experienced with third-party claims. They can help determine if a third-party claim is viable and guide you through the complex legal process, increasing your chances of a successful claim.

Contact Our Illinois Workers’ Comp Lawyer To Discuss Your Case

If you’ve been injured on the job in Illinois and suspect a third party may be responsible, don’t hesitate to protect your rights and explore all your compensation options. Contact our Illinois workers’ comp lawyer at The Law Offices of Robert T. Edens, P.C., at 847-395-2200 to receive your free consultation. Our dedicated team is ready to help you navigate both your workers’ compensation claim and any potential third-party claims to ensure you receive the full compensation you deserve. Serving clients throughout Chicago, IL, and with offices in Antioch, IL, Waukegan, IL, and Woodstock, IL, for your convenience.

How Long Can Workers’ Comp Investigators Follow Me?

workers comp

As an Illinois workers’ comp lawyer, I understand the concerns many injured workers have about being followed or surveilled by workers’ comp investigators. Knowing your rights and the legal boundaries within which investigators operate can provide significant peace of mind during your recovery and claims process.

Understanding Surveillance In Workers’ Comp Cases

Surveillance, while it may feel invasive, is a common and legal tactic used by insurance companies in Illinois to verify the legitimacy of a workers’ comp claim. The goal is to observe the claimant and ensure that their injuries are as reported and that they are not engaging in activities that would contradict their claims. Understanding this can provide a sense of security during your recovery and claims process.

Legal Duration And Scope of Surveillance

In Illinois, there is no specific statute that dictates the exact duration that an investigator can follow a workers’ comp claimant. However, surveillance must be conducted within the bounds of the law. Investigators can observe and film you in public places where you have no reasonable expectation of privacy. This can include shopping, going to appointments, or any other public engagements.

Investigators are not allowed to trespass on private property, use deceit, or engage in harassment. If you feel that an investigator is violating your privacy beyond reasonable surveillance, such as attempting to peek through your windows at home or following you into a private place, this may be considered illegal.

Extended surveillance can last as long as the investigator collects relevant information, yet it must cease once it infringes upon your legal rights or privacy excessively. Knowing these boundaries can help you understand and potentially challenge the scope of any surveillance you find intrusive.

What Can Trigger Surveillance?

Several factors can trigger surveillance in a workers’ comp case:

  • High-cost claims or claims where the medical diagnosis is ambiguous can lead to increased scrutiny.
  • If the activities described in your medical records do not align with the nature of your injuries, this might prompt an investigation.
  • Tips or reports from coworkers or acquaintances suggesting that a claimant is exaggerating their injuries can also lead to surveillance.

Insurance companies might also initiate surveillance if they observe discrepancies between a claimant’s reported limitations and their activities in public filings or social media. It’s important to maintain consistency in how you represent your physical capabilities in all public areas to avoid prompting surveillance.

How to Handle Surveillance

If you suspect an investigator is following you:

  • Continue to follow your doctor’s restrictions and guidelines closely. Do not engage in activities that your doctor has advised against.
  • Document any interactions with investigators or instances of surveillance that seem excessive or invasive.
  • Discuss your concerns with your workers’ comp lawyer, who can advise you on the best course of action, help protect your rights, and potentially challenge any evidence gathered through surveillance.

It’s also beneficial to maintain transparency with your legal team about all aspects of your day-to-day activities and any interactions with the surveillance team. This openness will allow your lawyer to better safeguard your interests and challenge any overreaching surveillance practices.

While it may be unsettling to know that an investigator can follow you during your workers’ comp claim, understanding your rights can help you navigate this process more comfortably. It’s crucial to always adhere to your medical advice and communicate openly with your lawyer about any concerns regarding surveillance. This sense of responsibility can empower you in your claims process.

Illinois Workers’ Comp Surveillance FAQs

What exactly are workers’ comp investigators looking for during surveillance?

Investigators aim to verify the accuracy of the claim filed. This includes confirming the severity of the injury and whether the injured worker is adhering to the restrictions outlined by their doctor. They look for any evidence that might suggest the injuries are not as severe as claimed or that the worker is engaging in activities that contradict their reported physical limitations.

Is it legal for investigators to record me without my consent?

Yes, in Illinois, it is legal for investigators to record you without your consent as long as they do so in a public place where you do not have a reasonable expectation of privacy. This includes places like parks, streets, or shopping areas. However, recording in private settings without consent, such as inside your home or a private office, is not permitted under the law.

Can surveillance include monitoring my social media accounts?

Absolutely. Investigators often review social media accounts to gather information on claimants. Posts, photos, or videos that depict physical activity or participation in events can be used as evidence against your claim. It’s advisable to be very cautious about what you share online while your claim is being processed.

What should I do if I notice an investigator following me?

If you notice you are being followed, you should continue to adhere to the restrictions set by your doctor. Do not confront the investigator. Instead, document when and where you noticed the surveillance and discuss it with your workers’ comp attorney. They can advise on the appropriate steps to take, including potentially contacting the authorities if the surveillance escalates to harassment.

How can surveillance impact my workers’ comp claim?

If surveillance evidence suggests that you are engaging in activities that contradict your reported injuries, such as heavy lifting or participating in sports, it can significantly impact your claim. This might include reductions in the compensation you are eligible for or even a complete denial of your claim. It’s crucial to always follow medical advice and be transparent about your capabilities and activities.

Can my employer directly conduct surveillance, or must they use a third party?

While your employer may have a vested interest in the outcome of your claim, they typically use a third party — generally a private investigation firm — to conduct any surveillance. This helps maintain objectivity and professionalism in the surveillance process.

What are my rights if I feel the surveillance is excessive or invasive?

You have the right to privacy, and if you believe the surveillance is excessive or invasive, speak with your workers’ comp attorney. They can assess the situation and, if necessary, take legal steps to protect your privacy, such as filing a motion to limit or stop the surveillance.

What is the time limit for filing a workers’ comp claim in Illinois?

You must notify your employer of the injury within 45 days, but you have up to three years from the date of the accident or two years from the last compensation payment to file a workers’ comp claim.

What benefits am I entitled to under Illinois workers’ comp?

You may receive medical benefits, temporary or permanent disability benefits, vocational rehabilitation, and, in some cases, benefits for disfigurement.

Can I see my own doctor for a workers’ comp injury in Illinois?

Yes, you can choose your own doctor, but there are limits on the number of healthcare providers you can see without a referral.

What should I do if my workers’ comp claim is denied?

You should consult with a workers’ comp lawyer to understand your options, which include filing a claim with the Illinois Workers’ Compensation Commission.

Call Our Illinois Workers’ Comp Lawyer To Protect Your Rights

If you have questions about surveillance during your workers’ comp claim or need assistance with any aspect of your claim, don’t hesitate to contact The Law Offices of Robert T. Edens, P.C. We are dedicated to defending the rights of workers in Illinois and ensuring that they receive the compensation they deserve without undue stress or invasion of privacy. Contact our Illinois workers’ comp lawyer today at The Law Offices of Robert T. Edens, P.C., by calling 847-395-2200 to schedule a consultation.

What Can Disqualify You From Receiving Workers’ Compensation?

workers comp

Workers’ compensation is a crucial safety net that provides financial support and medical benefits to employees who suffer job-related injuries or illnesses. In Illinois, as in many other states, this system is designed to protect both workers and employers. However, there are circumstances where individuals may be disqualified from receiving workers’ compensation benefits. Understanding these disqualifications is essential for employees and employers, as it clarifies eligibility boundaries and ensures a fair and equitable system.

1. Failure to Report the Injury Promptly

One of the most common reasons for disqualification is a delay in reporting the injury. In Illinois, employees must report their workplace injuries to their employers promptly. The law recommends notifying the employer within 45 days of the injury or illness. Failing to report the injury within this timeframe can jeopardize your workers’ compensation benefits eligibility.

2. Injuries Outside the Scope of Employment

To be eligible for workers’ compensation benefits, the injury or illness must have occurred within the scope of your employment. In other words, the injury must have taken place while you were performing work-related duties. If the injury happened while you were engaged in activities unrelated to your job, such as during your lunch break or while commuting to and from work, it may disqualify you from receiving benefits.

3. Intentional Self-Injury or Misconduct

Workers’ compensation is intended to assist employees injured through no fault of their own. Deliberate self-injury or engaging in misconduct that leads to an injury may disqualify you from receiving benefits. For example, if you intentionally injure yourself or engage in reckless behavior while on the job, you may not be eligible for compensation.

4. Injuries Under the Influence of Drugs or Alcohol

If your injury occurred while you were under the influence of drugs or alcohol, you may be disqualified from receiving workers’ compensation benefits. Illinois law considers injuries that result from intoxication or substance abuse to be outside the scope of eligible claims. It’s essential to be aware that many employers require drug and alcohol testing following a workplace injury.

5. Failure to Cooperate with Medical Treatment

Cooperation with medical treatment is a fundamental requirement in the workers’ compensation process. Refusing reasonable medical treatment or failing to follow your healthcare provider’s instructions may disqualify you from receiving benefits. It is crucial to comply with all recommended medical treatments and attend all medical appointments related to your injury.

6. Failure to Follow Employer’s Policies

Employers may have specific policies and procedures in place for reporting workplace injuries and seeking medical treatment. Follow these policies to avoid disqualification from workers’ compensation benefits. It is essential to familiarize yourself with your employer’s guidelines and adhere to them in the event of an injury.

7. Fraudulent Claims

Submitting fraudulent workers’ compensation claims, including providing false information about the injury or the circumstances surrounding it, is a serious offense. If you are found to have engaged in fraudulent activities related to your claim, you may be disqualified from receiving benefits and face legal consequences.

Closing Remarks Regarding Disqualify Yourself From Receiving Workers’ Compensation

Workers’ compensation is a crucial resource for employees who suffer job-related injuries or illnesses in Illinois. However, some specific circumstances and actions can disqualify individuals from receiving these benefits. Both employees and employers need to understand these disqualifications to ensure the integrity of the workers’ compensation system.

If you have questions or concerns about your eligibility for workers’ compensation benefits or have encountered challenges in the claims process, seeking legal counsel from our experienced Lake County workers’ comp lawyers can be invaluable. We can provide guidance, advocate for your rights, and help you navigate the complexities of the Illinois workers’ compensation system, ensuring that you receive the benefits you are entitled to while adhering to the laws and regulations governing workers’ compensation in Illinois.

Contact Our Lake County Workers’ Comp Lawyers For Claims Assistance!

Are you needing clarity on your workers’ compensation situation in Illinois? If so, Robert Edens, P.C. is ready to help. Call our Lake County workers’ comp lawyers at Robert Edens, P.C. at 847-395-2200 for your free workers’ compensation consultation. Don’t face the complexities of workers’ compensation alone; we’re here to guide you every step of the way.

4 Questions To Ask An Illinois Workers’ Comp Attorney

workers comp

Being hurt at work can be devastating because you may be unable to work and provide for your family. Plus, medical expenses can be overwhelming. While a workers’ comp attorney can often help, how do you know who to hire?

Below, learn four essential questions to ask a prospective attorney. If you were hurt in a work accident in Illinois, you need the Lake County workers’ comp lawyers at The Law Offices of Robert T. Edens fighting for your rights. Our law firm has the skill, tenacity, and legal knowledge to advocate for maximum workers’ comp compensation for you.

Will Workers’ Comp Cover My Work-Related Accident?

Unlike a personal injury case, fault is rarely a factor in Illinois workers’ comp cases. If you are hurt in the workplace, you are usually entitled to workers’ compensation. Even if you were liable for a job-related accident, you still should be able to receive compensation.

If the accident occurred while driving, whether you are covered depends on whether you were engaged in your job. For instance, a delivery driver working during a car accident would receive workers’ compensation.

What Is Your Workers’ Compensation Case Success Rate?

You do not want or need to spend hours going through the attorney’s recent workers’ comp cases. But you should get a feel for their success rate for getting compensation for accident victims.

An experienced workers’ comp attorney should anticipate this query, so they should provide a ready answer. Expect them to give a ballpark figure of their case success rate. There is no perfect answer, but a higher success rate suggests it is a capable attorney. The attorney also should have many client testimonials showing their impressive workers’ comp case results.

How Much Should I Get In Benefits?

During the case evaluation, you should understand the potential compensation you could receive for your job-related injuries. If you were hurt at work when you fell down steps, you should receive money for your medical treatments and rehabilitation, at least. If you cannot work, you could also receive temporary or permanent disability payments for your lost earnings.

Assuming you have a valid case, the workers’ compensation attorney should give you a ballpark idea of what you could receive in compensation. It could be more or less than what the attorney says, but they should be able to give a rough idea based on experience.

What Does It Cost To Hire You?

You can expect the price of the attorney’s services to be covered in the discussion. Fortunately, most workers’ compensation lawyers do not charge upfront legal fees. Instead, most work on a contingency fee basis. This means there is no upfront cost, but the attorney receives part of your financial compensation from the settlement or winning verdict. Make sure you know this percentage for their contingency fee, and get it in writing.

Talk To Our Lake County Workers’ Comp Lawyers Now

Were you injured recently at work? Are you unable to work or get paid? You should not need to pay out of pocket for your losses. You could be entitled to workers’ comp for your medical bills and wages. Speak to our Lake County workers’ comp lawyers today at The Law Office of Robert T. Edens. For immediate assistance, call us at (847) 395-2200.

What Is A Statutory Employer In Workers’ Comp Claim?

workers comp

If you have ever been hurt on the job, you know how traumatizing it can be. Whether the injury was related to slipping and falling, falling from heights, overexertion, or something else, a work injury can prevent you from earning a living and enjoying life.

Fortunately, Illinois requires most employers to provide workers’ compensation insurance. If you are dealing with a work-related injury, it is critical to understand how the state’s workers’ compensation system works.

Learn about statutory employers in this blog post and related workers’ comp information. If you have questions about your case, our Antioch workers’ comp lawyer Robert T. Edens, can assist you. Mr. Edens is known as a top-rated workers’ comp lawyer in Illinois and has obtained millions of dollars for his clients.

Statutory Employer Overview

The Illinois Workers’ Compensation Act offers disability benefits not just to employees. It also offers workers’ compensation to employees of subcontractors who perform any work directly or indirectly. This part of the law is vital because it assists an injured employee working for a subcontractor who lacks workers’ comp insurance. Or the subcontractor lacks the assets to provide benefits that the injured employee should receive.

If you injured your back in a fall at work and your company did not have workers’ comp insurance, but a general contractor was working there, you still might receive benefits. You can file an ‘application for adjustment’ claim against your company. In this case, the general contractor is the ‘statutory employer.’ That employer must pay your workers’ comp benefits. After the benefits are paid, and the case is resolved, the statutory employer can pursue your company for reimbursement.

When Does An Injury Occur At Work?

Under the workers’ comp law, the injury must have happened when the worker did work and not when doing their personal business. The law mentions that the injury must ‘arise out of employment,’ meaning the injuries can be sourced to a time, place, and cause related to your work.

Note that not every injury that occurs at work is covered by the Illinois Workers’ Compensation Act. For instance, if you were walking down the hall and fell for no reason, such as a defect in the floor, this would not be covered because you were not at any higher risk than any person in the public would be.

However, if you walked down your office hall carrying a video projector and tripped, this could be enough to qualify for workers’ comp. If you wonder if the Act would cover your injury, do not hesitate to contact Mr. Edens for more information.

Our Antioch Workers’ Comp Lawyer Will Fight For You

Were you recently injured in an Illinois work-related accident? You need The Law Offices of Robert T. Edens fighting for your rights today. Our attorneys have helped injured Antioch workers obtain their deserved workers’ compensation for over 20 years. We can help you get the compensation you deserve. During the initial consultation, Mr. Edens will review your case carefully and inform you if you need an attorney. Contact our Antioch workers’ comp lawyer today at (847) 395-2200 for legal assistance.

Can OSHA Violations Affect Workers’ Comp Claims?

workers comp

When an employee is hurt at work in Illinois, they are usually entitled to workers’ compensation benefits and can receive compensation for their medical expenses and partial lost wages. If the company violated an Occupational Safety and Health Administration (OSHA) rule, it could affect your workers’ compensation case in specific ways. Our McHenry County workers’ comp lawyers can help if you have worker compensation questions.

The Most Common Workplace OSHA Violations

OSHA is tasked with enforcing workplace safety, but many employers continue to ignore or cut corners on safety. Some of the most common OSHA violations that lead to workplace injuries and workers’ compensation claims are:

  • Scaffolding
  • Fall protection
  • Ladders
  • Machine Guarding
  • Eye and face protection
  • Containment of hazardous materials
  • Respiratory protection

In many cases, inadequate training or maintenance can lead to many workplace accidents. Also, defective or faulty equipment are common causes of workplace injuries. For example, you could lose your balance and fall if your company does not put handrails on an elevated platform.

OSHA Violations And Workers’ Compensation Claims

Wherever the accident occurs on the job, Illinois has a ‘no fault’ policy for workers’ comp claims. This means that the workers do not need to prove who caused the accident but only that the accident happened at work. Also, if the worker violated OSHA standards, it does not necessarily mean the injured worker cannot receive workers’ compensation benefits.

If a company violated an OSHA rule that led to a worker injury, you might wonder if you can sue for the OSHA violation. In Illinois, you are usually barred from suing the company in a civil action if you get workers’ compensation. Unfortunately, there have been court rulings that the workers’ comp bar on personal injury litigation is not overcome when an employer willfully violates an OSHA rule. However, other courts have ruled that a purposeful violation of OSHA rules could be a factor in determining if the bar on private lawsuits should be disregarded.

Also, depending on the case circumstances, an injured employee could have legal options against a third-party company contributing to the workplace accident. Further, OSHA reminds companies that the law prevents them from retaliating against workers for making injury reports. Employers have been warned against providing prizes or bonuses for reaching safety goals if those rewards discourage workers from reporting workplace injuries.

Workers are also protected from workplace retaliation, including for reporting OSHA violations. If the company retaliates against you for reporting a violation, it could be violating federal employment laws.

If you are hurt on the job, and the company violated an OSHA safety rule, you should speak to an attorney about your case. Your attorney will ensure you obtain the maximum benefits and may explore whether legal action is possible.

Contact Our McHenry County Workers’ Comp Lawyers

If you were hurt in a workplace accident or suspect your company violated OSHA regulations, you should speak with a lawyer who understands workers’ compensation and employment laws. You could be entitled to temporary total disability (TTD) or permanent partial disability (PPD) benefits. Our McHenry County workers’ comp lawyers at The Law Offices of Robert T. Edens, P.C., may be able to assist, so please call (847) 395-2200.

Behavior That Can Derail Your Workers’ Comp Claim

workers' comp claim

In Illinois, you may be entitled to workers’ compensation benefits if you are injured at work. However, certain behaviors and actions can damage your case. Learn more about this topic in this article, and if you have legal questions, speak to our Antioch workers’ comp lawyers at The Law Offices of Robert T. Edens, P.C.

Essential Facts About Illinois Workers’ Compensation

If you need to file for workers’ compensation in Illinois, it is essential to understand some critical aspects of the law:

  • You have 45 days from the accident date to inform your employer of the accident, but the sooner the better.
  • There is a three-year time limit to file your workers’ compensation claim with the Illinois Workers’ Compensation Commission.
  • Depending on the nature and extent of your injuries, you may be entitled to medical care, temporary total disability, temporary partial disability, permanent partial disability, or permanent total disability. Your family may be eligible for death benefits if you die from your injury or illness.

Behavior And Actions That Can Derail Your Workers’ Comp Claim

Workers’ compensation in Illinois is intended to provide you with medical and wage benefits during your recovery. However, there are things that you can do that can damage your claim, so it is always best to have your case handled by a workers’ compensation lawyer:

Failing To Report Your Injury

Nothing will derail your workers’ compensation claim faster than not reporting the injury on time. The law requires you to report it to your employer within 45 days, but the longer you wait, the more likely the claim will be challenged. Even if you have a minor work injury, promptly report it to your employer.

Ignoring Work Restrictions

If your physician puts work restrictions in place when you return to work, you must follow them. If the insurance provider can prove that you are doing things your doctor says you cannot, you will likely get less compensation, and the claim could be denied outright.

Not Telling The Doctor About Your Injury Specifics

Being as detailed as possible with your doctor about your injuries and pain is essential. Minimizing the pain you are experiencing or not describing to the doctor how you were injured could affect your claim. For example, if your doctor does not know you have severe back pain from a fall at work, they will have no reason to prescribe treatment, which can derail your claim.

Not Disclosing A Previous Injury

You also should disclose a significant previous injury that could affect your current work-related injury. If you suffer a similar injury at work, you could have your claim denied.

Contact Our Antioch Workers’ Comp Lawyers Today

If you were in an accident at work in Illinois, you could be entitled to compensation for your medical bills and lost earnings through workers’ compensation.  However, workers’ comp claims are tricky, and getting maximum benefits without an attorney’s help is challenging. Contact our Antioch workers’ comp lawyers at The Law Offices of Robert T. Edens, P.C. for assistance with your case at (847) 395-2200.

How Are Workers’ Comp Doctors Paid?

workers' comp

When you are hurt on the job in Illinois, you are usually entitled to workers’ compensation for your medical bills and partial lost wages. If you have a question about a workers’ comp case, our workers’ comp lawyers in Lake County have fought for workers’ rights for 20 years, so please contact us.

Illinois Workers’ Compensation Overview

In Illinois, employers have to provide workers’ compensation for their workers to pay for work-related accidents and injuries. As long as the injury happened at work in Illinois, you do not have to prove fault. So, you may be entitled to workers’ compensation even if you were responsible for the accident at work.

When you are hurt at work in Illinois, you should get medical treatment promptly and report the incident to your employer. You have up to 45 days under the law to give notice, but the sooner, the better. After you miss more than three days of work because of the injury, your company has to provide an accident report to the state.

Workers’ Compensation Claims And Doctors

After an Illinois workplace injury, you may need treatment by a physician for your injuries. The law states that the employee can secure their own doctor at their employer’s expense. The treating physician for your case is an essential part of a successful claim, and in Illinois, you can choose your own doctor. Whoever the treating physician is, their medical opinion will carry significant weight, so it is essential to choose your doctor wisely. Some things that the treating physician will do for a workers’ compensation case are:

Diagnosing And Treating Your Injury

To receive insurance benefits, the doctor must provide a medical diagnosis. This medical professional will direct the medical treatments you receive and determine if you need medications and physical therapy.

Providing Specialist Referrals

If you hurt your back and ruptured a disc, the treating physician could refer you to specialists for the best care. The doctor’s thoroughness and willingness to listen to your complaints and get proper treatments is vital to your recovery.

Determining Work Restrictions

If your injury prevents you from doing your job, the treating physician will determine if you need to take time off and for how long. The medical professional will also decide when you can return to your job.

Who Pays The Doctor In A Workers’ Compensation Case?

After you are injured in Lake County, you may be distressed to see your medical bills piling up. Generally, once you receive workers’ compensation benefits, the employer’s insurance company is responsible for your medical bills, including paying the treating physician for their services. Therefore, if the workers’ compensation insurance company accepts the claim, they should make arrangements to pay your treating physicians.

However, following up with the doctor’s office is usually wise if you get medical bills in the mail. Or, you can alert your workers’ comp attorney to ensure everything is paid for on time.

Contact Our Workers’ Comp Lawyers In Lake County

If you or someone in your family was hurt at work in Lake County, it could be tough to make ends meet. But the good news is you could be entitled to workers’ compensation for your medical bills and lost earnings. Contact our workers comp lawyers in Lake County at The Law Offices of Robert T. Edens, P.C. for assistance with your claim at (847) 395-2200.

Can I Receive Workers’ Comp And A Personal Injury Settlement?

workers comp

Wherever you work in the Chicago region – Wrigley Field or on the Miracle Mile – every worker in the city is at risk of being hurt. Fortunately, Illinois has robust workers’ compensation laws that mandate that employers buy insurance to protect employees if they are hurt, regardless of who is at fault. However, taking workers’ comp may affect your ability to file a personal injury lawsuit. Learn more in this article, and contact our Antioch workers’ comp lawyers at The Law Offices of Robert T. Edens, P.C., for legal advice.

Important Facts About Illinois Workers’ Compensation Laws

When you are hurt at work in Chicago, it is common for employees to file a workers’ compensation claim. If you decide to do so, there are vital parts of the law to know:

  • You have 45 days to inform your company of your injury to obtain the maximum benefits.
  • There is a three-year time limit to file your workers’ compensation claim with the Illinois Workers’ Compensation Commission.
  • Some benefits that may be available include medical care; temporary total disability; temporary partial disability; permanent partial disability; permanent total disability, and death benefits for your surviving family members.

If you file a workers’ compensation claim or your employer disputes the claim, you may file a claim with the Commission and ask for a hearing within three years of the injury or within two years after you received compensation last, whichever is later.

What About Filing A Personal Injury Claim?

Our workers’ comp attorneys in Illinois are often asked about filing a workers’ comp claim and a personal injury claim simultaneously. Does filing one claim preclude you from filing the other? Some workers may be confused because if you are hurt in a regular accident, you often would file a personal injury claim against the negligent party. But if the injury happens at work in Chicago, your initial action could be to file for workers’ compensation.

Generally, if you are hurt at work and file a worker’s compensation claim, you are not typically allowed to file a personal injury claim against the company. However, it may be possible to file a personal injury claim against a third party that was at least partially responsible for the accident.

Differences Between A Workers’ Comp And Personal Injury Claim

There are several differences in these claims. First, the workers’ compensation claim is filed with an insurance company that works for your employer. But a personal injury claim is filed against the person or entity that caused your injuries. That might or not be the company you work for.

Also, there is a critical difference in proving each case. With workers’ compensation, you do not need to verify your employer was at fault; you only need to show that the injury happened at work. On the other hand, in a personal injury claim, you usually need to prove another party was negligent to receive compensation.

Contact Our Antioch Workers’ Comp Lawyers Today

Were you in an accident at work? You may be entitled to workers’ compensation for your medical bills and lost wages. Contact our Antioch workers’ comp lawyers at The Law Offices of Robert T. Edens, P.C. for assistance with your workers’ comp case at (847) 395-2200.