Category: workers’ compensation attorney

Insurance adjusters will do everything they can to deny a workers’ comp claim so the company can line its pockets. That is why the insurance industry is worth trillions of dollars, and the CEOs are some of the highest-paid compared to other sectors. So even if you are eligible for workers’ comp, their adjusters will do almost anything to boost their employers’ bottom line.

If you find yourself in this situation, consider hiring experienced Antioch workers’ comp lawyers.

Common Tactics Adjusters Use To Deny Workers’ Comp Claims

A workers’ comp claim or benefits may be denied due to a lack of documents or technical errors. But they may also use underhanded tactics to set the stage for a denial. Some of them include:

Insisting They Need A ‘Recorded Statement’

An insurance adjuster that insists they need your recorded statement before they can proceed does not have your best interests at heart. Nothing in the workers’ comp statute says you need to provide one even if the insurance company has a policy. It doesn’t mean injured workers have to oblige and failure to do so is NOT grounds for legal denial.

Antioch workers’ comp lawyers will tell you that if an adjuster asks for a recorded statement post-accident, you may not be in the right state of mind to answer questions. In this case, they may pounce and make you incriminate yourself on the recorded statement. You will give up your rights if you agree to this, and you don’t have to.

The adjuster may also trick you into denying your claim during the interrogation. This includes giving you misleading advice meant to disorient or confuse you into trusting them. Remember, they work for the insurance company, not you. Ensuring you get compensated is the last thing on their mind.

Telling You That the Settlement Offer Is ‘Reasonable’

The insurance company cannot verify that the settlement amount is fair and reasonable even if their adjusters claim so. Just ask them if they can verify their claim, and you will get your answer. They cannot prove that anyone with similar injuries can never receive more than their offer.

However, you won’t realize you are being fooled unless you are skilled at negotiating and settling workers’ comp claims. Without using skilled Antioch workers’ comp lawyers who can negotiate a better settlement, you may end up accepting a sum that is far less than what is expected from such injury claims.

The bottom line is that you don’t have to give a recorded statement or negotiate a settlement with the insurance adjuster. You aren’t obliged to, and you do more harm than good. At this point, you should stand your ground and refuse to speak to the adjuster till you have your attorney present. Your employer and the insurance agency can afford it, so you shouldn’t hesitate.

Contact The Law Offices Of Robert T. Edens For A Consultation Today!

If your employer is refusing to compensate you for a workplace injury or the insurance company is trying to deny your claim without cause, contact The Law Offices of Robert T. Edens today. Our highly experienced lawyers have represented people like you backed into a corner by insurance adjusters. You don’t have to give them any information that you are uncomfortable divulging. Contact us for a consultation today. We can develop a strategy to ensure you get the max compensation you deserve.

Do have an obesity-related health condition such as hypertension or diabetes? Did you know that it can affect your workers’ compensation claim? Probably not. Today, over 35 percent of Americans are obese, and it is estimated that this figure will rise to 51 percent by 2030. The impact of obesity and related conditions is profound, if you take into account the employer paid healthcare costs for obese workers that mount up to $8 billion annually.

According to the Center for Disease Control (CDC), obesity-related health conditions, especially diabetes, are the culprit behind the rising employee healthcare costs. Approximately 65 percent of the workforce today is obese or morbidly obese. Due to this, the cost and resolution of workers’ comp claims involving obese workers is significantly high.

How Obesity Affects Workers from Performing their Duties

Workers with obesity-related issues face the challenge of meeting the physical requirements of their workplace duties. Obese workers may struggle with:

• Walking long distances
• Standing or sitting for long periods
• Lifting, pulling or pushing, or performing any strenuous activities
• Reaching above shoulder level
• Balancing
• Crouching, climbing, crawling, bending, kneeling, stooping, bending

Obese workers experience difficulty with these and other physical activities because their body isn’t designed to handle the exhausting burden of carrying excessive weight. The joints and spine are incapable of sustaining the force of any type of damage when coupled with excess weight. As a result, weight challenged workers are at a higher risk of workplace injury.

How Obesity Affects Workers’ Comp Claims

An obesity-related disease can affect your work in terms of productivity, focus, and efficiency, and if you sustain a workplace injury, it will impact your workers’ comp claim. The following are some factors that may be considered during the settlement of your claim:

• Whether having an obesity-related health condition is an independent cause of your incapacity to perform certain duties requiring physical activity
• Whether the prevalent cause of the injury is work-related conditions or a result of the progressive obesity-related disease

According to a Duke University study, weight challenged workers filed twice as many workers’ comp claims as compared to workers with a healthy BMI. Moreover, the healthcare costs associated with workplace injuries of obese workers were seven times higher, and they took 13 times more days to recover.

Pre-existing health conditions such as diabetes, heart disease, and hypertension, which are the most prevalent obesity-related chronic conditions, significantly increase the medical care costs, and hence affect the workers’ comp claims. In addition, the presence any of these diseases makes the recovery slow and complicated which further contributes to the increasing costs.

Getting help for Workers’ Compensation Claims

The duration, frequency, and severity of workers’ comp claims related to obese workers are quite complicated in nature. It is important that you have an experienced workers’ compensation attorney by your side to represent your case. Contact the Law Offices of Robert T. Edens, P.C. at (847) 395-2200 or online today to schedule your initial consultation with our firm.

There are many working environments where a worker is exposed to many dangers, and takes a risk, to perform job activities that others may simply refuse to do. Employees who take risks when working in such environments can often suffer from an accident that stops them from working altogether.

Workers’ Compensation is the payment made to employees who are injured while performing a job related activity. It is their right to ask for insurance money from their employers to cover the loss of wages as well as to gather enough resources to receive the additional medical help that they require. Their cases often come under the tort of negligence criteria.

There are some steps that you can take in order to the get the compensation amount to cover your losses in the best possible manner.

Seek Legal Representation

Workers’ compensation is hard to receive when dealing individually with the employers, who often have a great number of resources available to them but are unwilling to give them away. Thus, an affected employee needs to quickly discuss the situation with a lawyer who deals especially in compensation cases. A lawyer is able to get the required information from the injured person and present the necessary evidence which ensures that the right compensation can be obtained from an employer.

Employees are responsible to present evidence and obtain the compensation from a relevant authority. An experienced lawyer though, can help a great deal in resolving the issues that arise during a case of obtaining workers’ compensation from a resourceful employer.

Estimate the Required Compensation

You need to estimate the compensation that you require. This estimate should be able to not only cover your medical bills, but ensure that you are able to pay your regular dues such as the apartment rent and utility bills for the period that you are not able to continue your job. A workers’ compensation lawyer will help you in estimating the required compensation benefits that you can present to your employer or take to a legal body in case of a dispute.

You need to ensure that you provide your lawyer with evidence of all the required medical treatments in case of a lasting injury. You also need to record your expenses because in most cases, you can get around two thirds of your regular salary as a monthly compensation.

Covered Injuries

Many workers do not fully understand that workers’ compensation can only be obtained when they are unable to work due to a sudden accident. Compensation can also be obtained when suffering from overuse injuries. Any injury which is caused by a particular work environment factor can be the basis for obtaining the compensation benefits.

Long term problems such as lung diseases and anxiety can also be a cause for compensation as long as the situation merits their appearance due to the working environment. An experienced workers’ compensation lawyer is better equipped to identify the cases where compensation can be obtained from your employer for a number of injuries and medical conditions.

You can always contact us online or call at (847) 395-2200 and receive a quick reply in order to discuss your workers’ compensation claim.

There are many different ways a worker can injure themselves on the job. These include falls, impacts with falling or flying objects, being pinned between objects, and vehicle accidents. Sometimes, injuries can also occur through repetitive motions, such as lifting or pulling heavy objects. When this occurs, the worker suffers what is known as an overexertion injury. This is the most common type of injury cited on workers’ compensation claims.

Examples of Overexertion Injuries

When an individual attempts to lift or move an object beyond their physical capabilities, an overexertion injury can occur. These injuries can include strains, sprains, tears, and back and joint injuries.

Examples of actions that can cause overexertion injuries include:

• Lifting boxes that are too heavy;
• Carrying heavy items for a prolonged period of time;
• Sitting, standing, or otherwise remaining in an awkward position for a prolonged period of time;
• Pushing or pulling objects that are too heavy;
• Performing repetitive physical tasks; and
• Working under the stress of a high temperature, hunger, thirst, or poor ventilation.

Ways to Avoid an Overexertion Injury

The most useful way to avoid an overexertion injury is to know your physical capabilities and work within them. If a box is too heavy to carry by yourself, work with a partner to carry it or take objects out of the box until it is light enough to carry. Make multiple trips if you have to. Practice safe lifting techniques, like lifting with your legs, rather than your back.

It is important that you take regular breaks during the work day. During these breaks, take a moment to rest and drink some water. Hydrating yourself is an important key to staying healthy and lowering your risk of injury.

Stretch before you perform any type of physical labor. This warms up the muscles and makes it easier to use them effectively. It is also important to use your footing as a support and a guide when lifting and carrying heavy items. Stand with your feet about shoulder width apart and be sure your footing is secure. If you cannot be sure of this, do not lift the object. Bend your knees and keep your back straight when lifting. Bending or twisting your back while carrying a heavy load can lead to injury.

Work with a Buffalo Grove Workers’ Compensation Attorney

If you have been injured at work, you could be entitled to receive workers’ compensation to cover the expenses related to your injuries. Follow the correct procedure for notifying your supervisor and filing your claim in Illinois to ensure that your claim remains valid. To further support your claim, work with an experienced workers’ compensation attorney who can advocate for you and help you seek the money you deserve. Contact The Law Offices of Robert T. Edens, P.C. today to schedule your initial legal consultation with Mr. Edens, where you can discuss the specific details of your case and determine the best way to proceed.