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What Are the Four Types of Workers’ Compensation Benefits?

Workers CompensationWorkers’ compensation ensures employees who are injured on the job are taken care of and don’t have to pay out of pocket for their medical bills. If you were harmed during work, you are owed four types of workers’ compensation benefits depending on your state post-accident. These can include salary benefits, vocational rehab, and medical coverage.

Top 4 Types of Workers’ Compensation Benefits

Some of the workers’ compensation benefits you may be entitled to include the following:

1. Temporary Total Disability

If your doctor says you have to practice certain restrictions at work or gives restrictions that your employer cannot ignore, you are eligible for temporary total disability (TTD) benefits. The payments are two-thirds of the gross average weekly salary you earn over the last 52 weeks before the day of your injury.

2. Temporary Partial Disability

Say you can return to work after your workplace accident, but your injuries force you to work in a lower capacity. In this case, you may have your hours reduced, take on achievable or less-demanding roles or even earn a lower salary. In this case, you are eligible for temporary partial disability (TPD) benefits.

These benefits are two-thirds of the difference between your original and existing (post-accident) average weekly income. The amount cannot exceed $450/week, and it is usually paid for 350 weeks starting from the day you were injured.

3. Permanent Partial Disability Benefits

If you get a permanent disability because of a workplace accident but do not get the above benefits, you may be eligible for permanent partial disability (PPD) benefits. Employers in Illinois have to pay these benefits to workers who suffered from physical impairment, amputation, or disfigurement caused by a workplace accident.

It is usually paid to workers who have reached maximum medical improvement. These benefits are calculated as per the degree of disfigurements such as burns, cuts, abrasions, skin grafts, loss of skin, etc. You and your employer have to establish the number of weeks for benefits, and if you cannot agree, an IWCC arbitrator can. The maximum number of weeks you can get is 162. The established duration is multiplied by 60% of your weekly wages to determine the total amount.

4. Death Benefits

If a worker dies because of a workplace accident or from injuries/illnesses sustained from workplace practices, their dependents may qualify for death benefits. These are income replacement benefits that include funeral and burial expenses.

Important note – A workers’ compensation lawyer in Waukegan will tell you that pain and suffering damages are usually one to three times the cost of your medical bills and lost wages.

Contact Robert Edens for a Consultation Regarding Workers’ Compensation Benefits

Getting appropriate workers’ compensation can be a challenge. The process is quite complicated, and your claim can be denied for several reasons unless you hire an experienced workers’ compensation lawyer in Waukegan from The Law Offices of Robert T. Edens. We have been fighting for the rights of employees like you in Illinois for decades and know what it takes to ensure you get the compensation you deserve. Get in touch with us for a consultation today!

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How Long Does it Take to Receive Workers’ Compensation?

workers compensationYour employer’s insurance company typically offers workers’ compensation for settlement claims, and they will try to go as low as possible. 12 to 18 months is the average time to reach a settlement agreement. However, it can increase to 24 months or longer if the insurance company digs in its heels and says your claim isn’t valid.

At this point, you need a team of experienced and dedicated Illinois workers’ compensation lawyers to ensure you get fair coverage promptly. They can also negotiate with the insurance company or file a lawsuit on your behalf if they refuse to cooperate.

Factors That Impact Workers’ Comp Timelines

Some of the common factors that can delay a settlement for workers’ compensation include the following:

The Injury Severity

To determine the amount of worker’s comp you will receive, you need to acquire a ‘state of permanency.’ To achieve this, a doctor has to determine that you have recovered from your injuries or illness as much as you could and reached maximum medical improvement (MMI).

Disputes

Most employers want to reduce the number of approved claims as much as possible to keep insurance costs low. If your employer wants to do the same, they may question your claim by doubting whether it is work-related. They may also claim you can return to work because you are not as seriously injured as you say you are. Any such disputes can delay settlement.

The Time You Hire a Workers’ Compensation Lawyer

Some injured parties can wait months before seeing how their claim is handled and only hire a lawyer when they face disputes. That is the worst thing you can do. At that point, you may not have access to essential evidence or may receive poor medical aid that can affect your case. This can also delay settlement, but not if you hire experienced legal representation.

The Settlement Size

You can find a complete schedule of permanent partial disability (PPD) benefits in the Illinois Workers’ Compensation Act. The schedule is determined according to the number of weeks you have to be paid. For example, suppose your limb is amputated or you suffer from a complete or permanent loss of a body part because of a workplace accident. In that case, you can get the maximum settlement for PPD benefits. There is a different schedule for workers who suffer from partial body part loss, such as a finger or thumb.

 

The bottom line is that the larger the injury, the longer worker’s comp settlements take. Impairment ratings also impact the duration. For instance, if your physician gives you a 20% permanent impairment rating but is disputed by the insurance company, the timeline for the settlement can also change drastically. The rating will significantly impact the amount of money you get, so the insurance company may double down on their efforts to change it in their favor. A dispute can lead to six months in delays, if not more unless you have experienced Illinois workers’ compensation lawyers in your corner.

Contact Robert Edens for Disputes on a Worker’s Compensation Claim

Robert Edens has decades of experience representing employees like you and ensuring they get the max settlement amount following a worker’s comp claim. He is not afraid to go toe-to-toe with the insurance company if it means you can get a big payout. Get in touch with him for a consultation at the Law Offices of Robert T. Edens today!

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Are All Employers Required to Carry Workers’ Comp Insurance?

workers compensationIn Illinois, all employers have to carry workers’ comp insurance if they have at least one part or full-time employee on the payroll. If your employer has denied you insurance after sustaining a workplace injury, you should hire Antioch workers’ comp lawyers as soon as possible.

Exemptions to Workers’ Comp

Some Illinois employers are exempt from this insurance. These include:

  • Business partners.
  • Sole proprietors.
  • Corporate officers.
  • Members of Limited liability companies (LLC)

Who Should Have Workers’ Compensation Insurance

The following business owners have to provide coverage for their employees or risk penalties:

Independent Contractors

The state determines whether an employer is a contractor or employee. These can include contractors who hire employees on a full or part-time basis, including family members. For instance, even if truck drivers are independent contractors, they still have to provide workers’ comp insurance to their employees.

Hazardous Industries

Employees in any hazardous industry, such as a construction or trucking company, are eligible for coverage. Their employers have to get the insurance whether they are sole proprietors, business partners, or members of an LLC or corporate office.

What Employers Should Do If They Don’t Have to Get Workers’ Compensation

Employers who are excluded from getting worker’s comp for their employees need to file a coverage opt-out form with the Division of Workers’ Compensation. However, this doesn’t mean they are home free. They still need to get other insurance to protect their employees if they are injured in the workplace.

Penalties for Ignoring Workers’ Comp Insurance

If an employer is legally obliged to get this insurance for their employees and knowingly fails to get it, they may be fined heavily. Expect anywhere between $500 and $10,000 per day, depending on the scale of operations. Corporate officers are not exempt from these fines if they are found guilty by Antioch workers’ comp lawyers. Besides facing hefty penalties, they will also lose their employer’s protection which prevents workers from suing you.

The Cost of Workers’ Compensation

There is no standard fee. The price of the workers’ comp package an employer gets will depend on several factors based on their business operations. They can pay as low as $40 a month for the coverage, but the insurance company will consider the following to calculate costs:

  • The type of work their employees do.
  • Payroll.
  • Their claims history.

Some types of coverage can also provide death benefits to employees’ families who lose their lives on the job or because of a work-based illness or injury.

Where You Can Get Coverage

Employers can get workers’ compensation coverage for their employees from any private insurance company in Illinois. If they cannot do so, they can go to the National Council of Compensation Insurance to get coverage. Be advised that their premium can be 50 percent higher than private insurers can offer.

Contact The Law Offices of Robert T. Edens for Workers’ Compensation Cases

If you have been denied workers’ compensation or your employer doesn’t offer coverage even though they aren’t exempt, you have grounds to sue. The experienced Antioch workers’ comp lawyers at the Law Offices of Robert T. Edens can ensure you get the compensation you deserve.

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Does Fault Matter When Filing A Workers’ Compensation Claim?

Cook County workers compensation attorneyIllinois’ workers’ compensation law is based on a no-fault system, which means that even if you are at fault for your workplace injury, you are still entitled to full worker’s compensation benefits. If you are being denied, you have every right to hire a Cook County workers’ compensation attorney. However, there are some rare cases where the fault is irrevocably yours.

When Fault Doesn’t Matter

Here are some common examples of when a workplace injury is not your fault, even though it seems like it:

  • You hurt yourself running down a flight of stairs at top speed for a meeting you are late for.
  • You drop a heavy box on your foot breaking it even if you were careless while handling it.
  • You throw your back lifting a heavy object because your form was incorrect.

You can still get your medical bills taken care of and get time off work for these types of workplace injuries.

When Fault Matters

This doesn’t mean that fault never matters when it comes to a worker’s compensation claim. Here are some rare instances in which it can matter:

  • If you hurt yourself at work because you were inebriated or high. That can be considered a violation of workplace duties and may prevent you from getting full compensation. However if your Cook County workers’ compensation attorney can prove that your condition did not contribute to your accident, you can maximize the amount you receive.
  • If you were fooling around at work and got injured as a result. For example, you work as a security guard at a golf course and take a golf cart for a joy ride. If you get into an accident while driving and hurt yourself, your injuries may not be covered. That’s because the incident was not a part of your job duties.
  • You get into a fight with a colleague and you are the aggressor. You may not get compensation because you instigated the fight.

Proving An Injury Is Work-Related

While you don’t have to prove that a workplace injury was your boss’s fault, you do have to prove that it occurred at work. Workers’ comp fraud can carry serious consequences so pretending a home-based injury happened at work can land you in hot water.

The workplace injury has to be reported within 45 days. The longer you wait, the less likely your boss may believe your claim and may refuse to cooperate. The insurance company may latch onto this and say you don’t have grounds for a claim.

Personal Injury Attorney

Whether you were at fault for your workplace injury or not, you deserve compensation. If your boss or the insurance company is denying your claim, get in touch with our Cook County workers’ compensation attorney at the Law Offices of Robert T. Edens today. We have over two decades of experience helping workers get the compensations they deserve and can help you too. We will take a detailed look at your case before formulating a strategy.

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What Do I Need to Tell a Doctor After an Injury?

What to do after an injury, seeing a doctor, workers compensation lawyerMany of us will skip the doctor’s visit after an accident, especially if the injury seems negligible. Seeing a doctor is important from a healthcare and legal standpoint. What appears a simple headache may exacerbate into a traumatic brain injury, or a cut may get infected if you don’t seek immediate healthcare treatment. Besides, your healthcare providers’ medical records can serve as valuable evidence when it’s time to file your personal injury claim. If you’re wondering what to do after an injury, or more specifically, what to discuss with your doctor, this guide is for you.

What to Discuss With Your Doctor After an Injury

According to this post from Avvo, in order to get the best care as well as the most settlement money for an injury you need to see a doctor within 72 hours of an accident.

What Caused the Injury

Instead of just informing that you have a headache, for instance, inform the doctor about the cause of the problem, such as a recent vehicle collision or a slip and fall. In fact, share the precise details of the incident. This will help the doctor better understand your situation, and they develop an effective treatment plan.

Also, your doctor will document all this information, relating it to your medical conditions. Since investigators look for this connection in personal injury cases, it will make your case stronger when you sue the person responsible for your injury.

Your Pre-Existing Health Conditions

Don’t think that there’s no point in disclosing your past health conditions or injuries to the doctor. If you have asthma, diabetes, or faced a back injury two years ago, sharing this information with your doctor can directly impact the healing process.

Ask What Your Future Treatment Will Involve

Depending on the seriousness of your injury, the healing process can be lengthy and uncertain. Understanding what your future treatment looks like should mentally prepare you as well as help you estimate the cost of medications, physical therapy, and surgeries that you may seek compensation for.

Ask Whether You Should Continue Working or Not?

Some people are so overly loyal to their employers that they’ll continue to work even after sustaining severe injuries in a collision. The determination is undeniably commendable but can prove detrimental to their long-term health. Since working through the pain can exacerbate the condition or cause another injury, ask your healthcare provider about the work-related limitations you should be considering.

Personal Injury Attorney

By now, you should not just be aware of what to do after an injury but also what to discuss upon seeing a doctor. Moving ahead, your top-most concern should be to find a worker’s compensation lawyer to help you file your claim. For extraordinary assistance, contact Robert T. Edens, an experienced worker’s compensation lawyer serving in Chicago, Waukegan, Libertyville, Woodstock, and Antioch, IL.

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Can I Get Workers’ Compensation For Contracting COVID At Work?

Workers' CompensationThe COVID-19 pandemic has forced more employees in their homes due to quarantine than businesses can handle. While granting worker’s compensation in these unprecedented times is tricky, professionals that deserve to be compensated are frontline and healthcare workers who are on the front lines trying to keep the pandemic at bay. COVID has caused record-high unemployment in Illinois, as well as most areas of the U.S.

Similar to other occupational illnesses, an employee has the right to seek workers’ comp benefits for medical treatment and lost wages related to the COVID-19 virus. If you wondering if you can receive workers’ compensation for COVID-19, the short answer is ‘yes,’ but only when certain criteria are met. Here’s what you need to know.

COVID-19 as an Occupational Disease or Illness

According to circumstances, the coronavirus pandemic can be considered as an occupational disease or illness because it is highly contagious and spreads quickly. Worker’s compensation covers occupational disease if it arises out of the course of employment. Since the disease spreads like wildfire, an infected super spreader can infect several others in his/her vicinity on the first contact.

A number of factors have to be met for this criterion to be effective. This includes the following:

  • It can be traced back to the place of employment to determine proximate cause.
  • There is a direct connection of the disease with the work conditions under which work is performed.
  • It does not originate from a hazard to which other workers would have been exposed if they were not in the workplace.
  • The disease manifestation was the result of a natural incident that cropped up at work or due to exposure caused by the nature of the employment.

In other words, if there is a direct connection between your work duties and COVID-19 exposure, you are eligible for worker’s compensation. However, this only applies to health care professionals or first responders who naturally have higher chances of contracting the disease in the course of their work.

Your Attorney Should Be Moving Forward With Your Case

If you are concerned court is not taking place due to COVID, it still is – just not in-person. The vast majority of court cases are proceeding forward via Zoom or other platforms. COVID-19 should not be a reason to delay filing your workers’ compensation case.

HB 2455

This is not just hearsay. June 5, 2020, Illinois Governor, JB Pritzker signed HB 2455 into law, allowing worker’s compensation coverage for this sector of the workforce. By putting this law into practice, Illinois effectively became the latest state to allow a presumption of the coverage that specifically covers COVID-19. Besides the state, Kentucky, Alaska, Arkansas, Missouri, Michigan, California, and other states had signed similar laws into practice.

 

Personal Injury Attorney

If you are a frontline or healthcare worker and your employer refuses to provide or withhold workers’ compensation from you, you need a workers’ compensation lawyer in your corner because you have the right to file for workers’ compensation benefits. Get in touch with an employment law attorney who specializes in such cases at the Law Offices of Robert T. Edens today. You can reach us at our offices in Chicago, Libertyville, Waukegan, Woodstock, and Antioch, IL. See more on our Illinois Workers’ Compensation FAQs page.

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Why It Pays to Retain a Workers’ Comp Attorney in Illinois

Workers Comp IllinoisA job-related injury can result in loss of limbs, senses, strength, and mobility. You cannot resume your duties until you fully heal. However, if your boss refuses to compensate, according to the Illinois Workers’ Compensation Act, you have the right to sue him. Here are just some reasons why you should retain an Illinois workers’ comp attorney for your case.

To Level the Playing Field

When you face an adjuster, you may not be fully aware of your rights, and the adjuster knows this. For example, if you are told a back injury does not qualify because you had a pre-existing condition or are sent to independent medical practitioners for ‘checkups,’ you can unknowingly damage your case.

An experienced attorney will make sure your rights are protected and you are treated fairly by the insurance company. They know the language and the information used in the Act like the back of their hand.

Resolve Complex Issues

Most people hire an attorney when their case gets complicated – and that’s a mistake. This can be anything from their benefits being cut off to a denial of medical needs. These issues can be resolved, but they require complex procedures, which include a hearing at the Workers’ Compensation Commission, which must be backed with medical evidence.

The case must be on file for that to happen – something attorneys can do after they acquire your medical records. If you are cut off from benefits, the process can take quite long to finish, unless you hire a lawyer. That’s because they can resolve issues as they crop up and act quickly in your best interests. Do you really want to take that chance?

However, if you hire an attorney only after you face issues, they will not be in the best position to help you right away. The time to act is now when you need legal aid the most.

This is where the Law Offices of Robert T. Edens can prove invaluable. We have been fighting for the rights of injured employees for close to two decades and have a successful track record to show for it. Hire our Illinois workers comp attorneys to handle your workers’ compensation claim before it is too late. Get in touch with us whether you reside in Libertyville, Waukegan, Woodstock, Chicago, or Antioch, Illinois.

See more on our Illinois Workers’ Compensation FAQs page.

 

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Types of Injuries Illinois Workers Can Claim

Workers Compensation AttorneyA work-related injury can prevent you from earning an income to support yourself, your family and can deplete your savings. This is why Illinois has strict worker compensation laws in place – to protect workers. Your employer must ensure you are equipped with safety gear and ensure the workplace is safe to prevent injuries, or worse.

Here are common injuries you can claim compensation if you are injured at work:

Trauma from Repetitive Work

If you work in a factory or a place where you are required to repeat certain movements for hours, you can suffer from carpal tunnel syndrome. This can be anything from sprains resulting from prolonged typing or trauma injuries due to repetitive hammering etc. Since these condition results from such jobs, your employer is legally obliged to pay you for damages. Even if you must stand for long periods of time to complete a job, the recovery from the strain is also covered.

Physical Injuries

You can receive worker’s compensation for any physical injury you sustain in the course of your work duties. For example, if you burn yourself while soldering, fracture a bone after falling from scaffolding or get a cut trying to stop yourself from falling, you can recover benefits that can help you heal and recover faster.

What Worker’s Compensation Pays For

You should be paid for the following as compensation for your injuries:

  • Medication
  • First aid
  • Hospital care
  • Surgery, if needed
  • Emergency services
  • Prosthetics
  • Special wheelchair
  • Physical therapy or chiropractic care

You can only get these benefits if you inform your employer or HR about your incident as soon as possible. Typically, you have a 45-day deadline to do this. If you miss work for more than three (3) days because of your injuries, your employer must file an accident report on your behalf.

If you or someone you know has been injured in the job or has been left paralyzed and they cannot work, they need aggressive legal representation. Get in touch with us at the Law Offices of Robert Edens to see justice done and receive the compensation you deserve. After determining the details surrounding your case, we will assign an attorney who will ensure your rights are not ignored or violated. This includes making sure your employer pays you for damages during your recovery period. We represent workers in Chicago, Libertyville, Woodstock, Waukegan and Antioch.

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Workers’ Compensation Act in Illinois

Workmans' Compensation AttorneyWorkers’ Compensation Act is a state-mandated benefit system, which incorporates compensating employees by paying for any medical cost associated with their job-related injuries and illnesses. Workers’ compensation is for almost every employee in Illinois – it usually begins from the minute you start working.

Who Handles Employees’ Compensation Claims in Illinois?

All workers’ compensation claims in Illinois are managed at the Illinois Workers’ Compensation Commission (IWCC). The IWCC is a government agency, which manages all claims associated with workers’ compensation between employers and employees. The agency acts as an impartial court, which responds to different compensation claims. If you feel you have been denied your right to workers’ compensation benefits, speak with a workers’ compensation attorney today to get all the information you need about filing a complaint.

Injuries Covered Under Illinois Workers’ Compensation Act

The Workers’ Compensation Act is designed to cover all work-related injuries. Any injury caused by repetitive use of a body part at work such, as a fracture in the arms or leg due to excessive usage in a mining or construction work, will fall under this act. The Workers’ Compensation Law covers stroke and similar illnesses caused by stress at work. There are people who have pre-existing conditions, which are made worse by their job.

However, the workers’ compensation does not cover any injury related, but not limited to, a recreational activity such as a picnic, holidays, contact sports and any other recreational or sports activity. Similarly, if you have a slip and fall accident, or any other form of injury at a drug or alcohol rehabilitation center, then those injuries will not be covered under the workers’ compensation benefits.

When to File a Claim

If you’re an employee and you suffer from any workplace-related injury or disease, then it’s your right to duly notify the concerned authorities at your workplace. It’s essential to discuss your case with your employer through Human Resources and the supervisor.

As an employee, you need to notify the company within 45 days of the accident so the workplace accident can be accurately documented. You will need the services of a competent workers’ compensation attorney to determine you are entitled to workers’ compensation. You will need to prove you were injured on duty and your injury or illness is caused by the conditions in the workplace.

If your employer’s insurance company in any circumstance fails to provide your compensation benefits following a workplace accident, then you have the right to file a claim for workers’ compensation. The procedure for pursuing an Illinois workers’ compensation claim is challenging and complicated and you will need an experienced attorney to assist you in filing the complaint.

Personal Injury Attorney

If you wish to find out more about this topic or schedule a free consultation, contact the offices of Robert Edens at (847) 395-2200 to speak with an experienced personal injury lawyer.

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Injuries in the Parking Lot at Work

Worker's Compensation AttorneyWorkplace injuries are a common occurrence in the United States. A report published by the Bureau of Labor Statistics showed that around 2.9 million nonfatal workplace illnesses and injuries took place in 2016 alone. One of the most common work-related injuries is caused due to a slip and fall in the parking lot at work. These injuries mostly occur when an employee is either entering or leaving their workplace. If an employee sustains an injury in an employer’s parking lot, they may qualify for workers’ compensation. However, law pertaining to injuries in the parking lot at work is quite complicated and varies from one state to another.

Injuries in the Parking Lot at Work in Illinois

In Illinois, injuries sustained by an employee during their respective non-working hours i.e. before clocking in and after clocking out are not covered by workers’ compensation. However, there are some exceptions to this rule, and parking lot exception happens to be one of them.

The Workers’ Compensation Act under Illinois law allows recovery for slip and fall accident in the parking law at work. The rationale behind this legislation is that once an employer provides parking space to its employees, it is deemed as part of the employer’s premises.

Contrary to the popular belief, there is no requirement for an employer to own the parking lot. In 1962, The Supreme Court of Illinois passed a ruling that the ownership of parking lot is immaterial and does not play a role in determining whether or not the compensation should be paid.

There is another misconception that an employer must have control over or maintain the parking space. However, that is not the case because as per the law, if an employer offers parking space to their employees which is customarily used by employees, then the employer is responsible for control and maintenance of the parking lot.

However, the outcome of the case is highly dependent upon the circumstances as well. For instance, if an employee is carrying work related equipment or perhaps rushing due to work-related chores, this may also play a crucial role in the final verdict.

If you have sustained an injury in the parking lot at work and are looking to obtain rightful compensation, it can be highly beneficial for your case to acquire services of an experienced personal injury lawyer. Your attorney will protect your legal rights throughout the litigation process.

A seasoned personal injury lawyer will devise a strong case in your favor by establishing facts and gathering evidence related to your claim, allowing you to seek maximum compensation for your pain and sufferings. Using their vast experience and fine negotiation skills, a skillful personal injury lawyer may be able to negotiate a favorable settlement offer, allowing you to skip the tedious process of trial.

The Law Offices of Robert T. Edens, P.C.If you wish to find out more about this topic or schedule a free consultation, contact the offices of Robert Edens at (847) 395-2200 to speak with an experienced personal injury lawyer.