The term “repetitive injury” refers to a painful condition brought on by specific work or movement. Illinois personal injury lawyers explain how this disorder may relate to a Workers’ Compensation case. Repetitive injuries can result from overuse of a device like a computer mouse or because of an activity that requires repetitive movements. This injury can be extremely painful and usually affects tendons, nerves or muscles in the hands, upper back or arms.
Repetitive strain injuries can also be called:
- Occupational overuse syndrome
- Cumulative trauma disorder
- Work-related upper limb disorder
Chicago personal injury attorneys have extensive experience representing those affected by repetitive strain injuries. Additional diagnosed conditions include:
- Radial tunnel syndrome
- Thoracic outlet syndrome
- Tendonitis
- Cubital tunnel syndrome
- Carpal tunnel syndrome
If you live in Illinois, personal injury lawyers can help you determine the proper course of action if you are suffering from a repetitive strain injury. Experienced and competent lawyers can help evaluate your condition and the options you have to pursue legal action.
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Our Illinois personal injury lawyers often receive questions regarding the statute of limitations after a workplace injury. Many factors are involved in Workers’ Compensation cases and the legal complexity involved is an important reason to contact an experienced Chicago personal injury attorney.
To bring an Illinois Workers’ compensation claim, the statute of limitations is the longer of three years from the accident date or two years from the last compensation payment. An exception to this rule is when the injury is repetitive trauma such as a back problem after lifting for an extended period of time.
Two years from the last compensation payment includes any benefit paid or payment of medical benefits. As long as the medical bill is through group insurance from your employer or disability policy benefits, often the statute of limitations extends to anytime a bill is paid, even if the statute of limitations passed.
Illinois personal injury lawyers advise to give your employer notice of an injury within forty five days of when you either knew or reasonably should have known that it could be a work related accident or injury. This technicality can lead to a loss of benefits.
Workers’ Compensation cases are not always black or white. Contact a Chicago personal injury attorney if you have been injured on the job. He or she can further explain the statute of limitations regarding workplace injuries and accidents.
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In Illinois, work injury cases are normally filed at the Illinois Workers’ Compensation Commission. The Commission receives approximately 60,000 cases every year.   Although locations exist in Rockford, Woodstock, Geneva, Wheaton and Waukegan, the main location where the majority of trials occur and paperwork filed is in Chicago. Personal injury attorneys explain that these cases are not lawsuits and therefore filing a claim does not include a filing fee. Instead of being assigned to a Judge, you are assigned to an Arbitrator. The Arbitrator is generally closest in proximity to where the work injury took place.
Unless you are not receiving benefits and your lawyer files a motion to get a trial date, your case will come before the Arbitrator every sixty days according to Illinois personal injury lawyers. If your case goes to trial, you can appeal the decision if you do not like the outcome. The insurance company can also appeal. At this point the Workers’ Compensation Commission assigns three Commissioners to your case. In Illinois there is a total of nine Commissioners who travel throughout the state to hear the various appeals. You will not be required to testify again. Instead, the Commissioners read the trial transcript and any memos by Chicago personal injury attorneys. Generally, each lawyer will have five minutes to argue their desire for the case.
The Illinois Workers’ Compensation Commission also investigates businesses that fail to carry Workers’ Compensation insurance. Failure to carry proper insurance is a felony in Illinois. Any work injury fraud cases are also reported to State leaders.
If you have been injured in or around Chicago, personal injury attorneys with experience in Workers’ Compensation Law and the Illinois Workers’ Compensation Commission can be an important ally in fighting for your rights and proper compensation for your work injury.
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Many people work more than one job, especially during this financial crisis. Often, the two jobs consist of a full and part time job. If you are involved in a work related injury, both jobs become relevant. Illinois personal injury lawyers use the following scenario to explain how the two jobs affect a Workers’ Compensation Claim:
Assume your full time job is a secretary but you work part time at a restaurant ten hours a week to make extra money. Let’s assume you make $500.00 a week as a secretary and $150.00 at the restaurant. If you hurt yourself at your full time job and file a claim, the first question asked is your average weekly wage. This question is very important because it will help determine how much your settlement is and what you will be paid.
In Chicago, personal injury attorneys explain the main factor is whether or not your full time employer knew about your second job. Their knowledge is key in determining your average salary. If they did not know you were employed part time, you would only receive benefits for the full time job. If they knew about the second job and you were not able to work there due to your injury, benefits would be paid for both jobs.
At times, employees with two jobs can often resume work at one job but not the other depending on the physical demands of the job. In this case, you would be paid for the job you are not able to do. If you could only work the full time job, you would be paid for the part time work and if you could only work the part time job, you would be paid for the full time work.
Workers’ Compensation cases can quickly become complicated. Competent Illinois personal injury lawyers can help ensure you receive the maximum benefits allowed if you have been injured on-the-job or have more than one job.
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Recently, a reader sent the following question to our Illinois personal injury lawyers:
“What happens to my Workers’ Compensation Case if my Employer Files Bankruptcy?”
Our Chicago personal injury attorney answer this question below:
“The key point to remember is that Workers’ Compensation claims are not lawsuits. Under Illinois Workers’ Compensation Law, every employer must carry insurance. Lack of Workers’ Compensation insurance is a felony. If a company files for bankruptcy and goes out of business, their insurance must still pay your injury benefits. The bankruptcy filing can cause a delay in your case, but should never eliminate your case entirely. If an employer has enough money in revenue that Illinois has given them permission not to have insurance, they are considered self-insured and must handle their work injuries in-house. If a self-insured company goes bankrupt, your case will not go away.”
The State of Illinois has a department called the Illinois Insurance Guarantee Fund that takes over if an insurance company or self-insured company goes out of business, further protecting your rights. A delay may also take place, but you will still be entitled to your Workers’ Compensation benefits according to Illinois personal injury lawyers.
Contact a Chicago personal injury attorney who will look out for your best interests if you have been injured on-the-job. Employers do not always have the best interest of their employees in mind.
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As previously discussed, the Federal Employees Liability Act (FELA) provides many benefits for federal workers. In Chicago, personal injury attorneys have used the provisions of the FELA to help represent injured railroad workers. Under the FELA, if you were injured on the job and your employer was found to be negligent, you are entitled to compensation for pain, disability, future pain, disfigurement and suffering.
If you were injured but your employer was not found to be negligent, you are still entitled to maintenance and cure according to Illinois personal injury lawyers. Maintenance and cure covers payment of medical bills and a percentage of your lost wages. The downside of the FELA is that once injured workers reach their “maximum cure,” the employer may cease to pay for medical bills.
If medical bills are for palliative purposes which means to treat pain and not provide functional improvement, the employer can stop benefits. Any dispute that arises regarding whether treatment is palliative or not is often decided by the treating physician. For instance, if an individual was injured and has back pain that cannot be “cured,” any prescriptions to cover the pain becomes the responsibility of the employee versus the employer under the FELA if the employer was not found to be negligent.
If you live in or around Chicago, personal injury attorneys can help assist you with the provisions under the FELA. If you feel your injury was caused by the negligence of your employer, it is imperative to seek legal representation immediately to ensure proper compensation for your injury. Proving negligence of an employer without the help of Illinois personal injury lawyers can be extremely difficult.
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In the previous post, Illinois personal injury lawyers discussed steps to take if you have been injured in a railroad accident on the job. Your case falls under the Federal Employees Liability Act (FELA) which is a law providing additional protection to railroad employees.
A Chicago personal injury attorney should be consulted immediately after any injury, especially if you believe your employer was negligent or allowed an unsafe working environment. Proper representation can help recover full compensation and can often be worth more than a typical Workers’ Compensation case, because the statutory limitations are less strict. Under the FELA, these cases are often decided by a jury.
If your injury was not caused by employer negligence, no recovery for pain, suffering or disability will exist under the FELA; however, your employer will still have the responsibility to pay any medical bills along with a percentage of lost wages. Under Workers’ Compensation law, this is called maintenance and cure.
Illinois personal injury lawyers can help determine if your employer was negligent in any way leading to your injury. He or she can help you obtain the justice you deserve for your pain and suffering.
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The railroad industry is full of risks and dangers workers face daily on the job. If you have been injured on the job as a railroad worker, Illinois personal injury lawyers offer advice on steps to take following the injury.
The first step is to receive medical treatment immediately. Your doctor should be given specific descriptions of the accident, be informed that it happened at work and he or she needs to take detailed notes. Be extremely precise in the description of any pain.
The next step is to obtain names of witnesses and their phone numbers if anyone was present at the time of injury. Also, contact a Chicago personal injury attorney promptly. Even if you are covered under Workers’ Compensation, your employer also has attorneys working to prevent you from receiving full compensation and benefits for your injury.
Often times, your employer will request you receive free medical care through a company doctor. The employer’s doctor can be biased and frequently favors your employer. Chicago personal injury attorneys can advise you on how to see your own physician to ensure you are properly taken care of.
Skilled Illinois personal injury lawyers with experience in Workers’ Compensation can fight for your rights and fair compensation if you have been injured in a railroad accident.
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Recently, a Chicago construction worker was killed when the Bobcat front loader he was in fell seven stories. Operating heavy machinery can be dangerous, especially front loaders such as the Bobcat. The primary use of front loaders is to dig, pick up or move materials such as dirt, gravel or asphalt from ground level into a pile or dump truck.
Due to the size and strength of these heavy machines, the must be operated carefully to avoid catastrophy. Not all Bobcat accidents are caused by the driver. Contact a Chicago personal injury attorney with experience in construction accidents if you have been injured in any type of heavy machinery accident.
The Department of Labor’s Occupational Safety and Health Administration (OSHA) has specific guidelines for heavy construction equipment. The specific rules and regulations are designed to keep operators safe and injury-free. Without proper use, rollovers are a risk along with the load falling back onto the driver.
Not only are operators of front loaders at risk, but other construction workers on the site can be at risk according to Illinois personal injury lawyers. Uneven surfaces can also cause loads to shift and fall in front or on other workers. The large buckets in heavy machinery equipment also obstruct views when not in a raised position, further increasing risks.   Contractors, subcontractors and manufacturers all need to comply with rules and regulations pertaining to heavy machinery on construction sites.
Illinois personal injury lawyers are familiar with OSHA regulations and can help identify any violations that might have occurred during an accident. Responsibility for complying with regulations also lies with supervisors and subcontractors. At times, front loaders and other heavy machinery do not function properly or are defective which can lead to product liability action against the distributor or manufacturer. Contact an experienced Chicago personal injury attorney if you have been injured in any type of heavy machinery accident.
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Electrocution injuries on construction sites can be devastating and often fatal. Although less common than other construction injuries, those who are electrocuted often suffer life altering injuries. The National Institute for Occupational Safety and Health (NIOSH) recently reported an average of 411 fatalities occur every year at construction job sites due to electric hazards. Many of these injuries can be prevented. If the electrocution was a result of negligence from another party, contact a Chicago personal injury attorney.
Electric shock happens when an individual comes in contact with an electrical source. If the energy is at a lethal amount, the injury can be fatal. In this case the circuit overstimulates the nervous system and causes damage to the internal organs. According to the National Institute for Occupational Safety and Health, the four main types of electric injuries are:
- Electric Shock
- Burns
- Falls Due to Contact With Electrical Energy
- Fatal Electrocution
Burns are the most common injury and will be most severe at the point of contact with the electric current. The voltage determines the severity of the burn. At times, the injury is external, but it can also cause vessels to clot or severe muscle contractions. If a worker is on a ladder or ledge at the time of electric shock, the person can fall resulting in other head injuries or broken bones. In Chicago, personal injury attorneys have represented many victims of these devastating injuries.
Many precautions and safety measures are in place to help prevent electrical accidents according to Illinois personal injury lawyers. If you are a survivor of an electrical accident on a construction site, contact a skilled Chicago personal injury attorney with experience in Workers’ Compensation cases.
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