Illinois Workers' Compensation Attorneys Blog

A Chicago worker died from his injuries at a water reclamation plant when his harness got caught in a Bobcat gear. The worker was a 38 year old man from the South Side who worked at the Calumet Water Reclamation Plant. For unknown reasons the worker's safety harness got caught on a gear of a Bobcat construction vehicle, which then ran over the worker, killing him.

Unfortunately, tragedies like this happen every day particularly in work environments where workers are working with heavy machinery or hazardous materials. While the Illinois Workers Compensation Act cannot replace the loss of a loved-one, it does guarantee the deceased's family certain rights.

Under the Act, an Illinois worker's widow or widower, children, or totally dependent parents who qualify for death benefits are entitled to weekly payments at a worker's TTD rate. A worker's TTD rate is equal to two-thirds of the worker's average weekly wages. If the widow or widower remarries, and there are no children at the time of the remarriage, the widow or widower is entitled to a lump sum payment equal to two years compensation and all rights to further benefits are extinguished. The maximum amount an eligible member of the deceased's family can recover is either twenty years of weekly compensation or $250,000.00, whichever is greater.

Worker Ran Over at Chicago Reclamation Plant New York Injury News, December 5, 2009

In an effort to cut costs, some employers are going to extremes by not reporting or underreporting workplace injuries to keep Illinois worker's compensation insurance costs down. A new report has found that many employers are not reporting injuries for fear of increasing their workers compensation insurance premiums. Additionally, many workers are not reporting job-related injuries for fear of being fired or disciplined.

The report found that more than half of health practitioners felt pressure from company officials to downplay injuries, and almost half reported being pressured to do so by the workers themselves.

It is an unfortunate reality that companies will take measures to cut costs at the expense of the well-being of their workers. Injured workers who do not know their rights may succomb to pressure from supervisors not to file a worker's compensation claim, of if they do, to downplay the seriousness of their injuries. These workers may be pressured not to get the treatment they really need for their injuries, or they may be pressured to return to work before they fully recover.

The insurance companies which handle workers compensation claims are also interested in keeping costs down, which is why the claims of workers who might have valid work-related injuries are often denied or the treatments recommended by their doctors are not approved.

Illinois workers have a right to compensation for the entire period of time during which a doctor has ordered that they remain off work as a result of their injuries under the Illinois Workers Compensation Act. Additionally, Illinois injured workers are entitled to compensation for their medical expenses, and for any permanent disability related to the work injury. The best way to protect these rights is to hire an attorney who will aggressively fight for the worker's benefits and maximize the worker's recovery.

Soft on Safety Human Resource Executive Online, December 8, 2009

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When an Illinois Injured Worker files a Worker's Compensation claim, the severity of that worker's injury and the level of his or her impairment have the most effect on the payout for that case - not that's worker's legal fees. Researchers at the University of Illinois at Chicago (UIC) used workers' compensation data to quantify the actual amount of money spent on claims. The rate of construction claims per 100 Illinois construction workers was 1.21. The median cost of a construction claim was $16,705.

The study conducted by the UIC researchers shows the importance of retaining an attorney who concentrates in Worker's Compensation law. The researchers found that Illinois injured construction workers that filed their Illinois worker's compensation claims with an attorney received much more in compensation than those representing themselves. The study also found that injuries to the extremities and back or spine were the most common among Illinois workers and received higher compensation than workers who injured other body parts.

It is important that Illinois injured workers know that every employer or its insurance company has a staff of attorneys which represent their interests only. They have no obligation to inform an injured worker of his or her rights under the Illinois Workers Compensation Act.

Insurance companies attempt to minimize treatment thereby potentialy affecting medical recovery. Their interest is cost containment. An injured worker's interest is getting better and these interests are often in opposite. Maximize your recovery: call an attorney when hurt. The insurance company and your employer will not tell you about retraining, permanent disability, wage loss recovery, open medical for life and a host of other rights.

Injury Severity, Not Legal Fees, Drives Worker's Comp Costs in Illinois Insurance Journal, December 7, 2009

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Women hotel workers in Illinois have a higher risk of injury than other Illinois hotel workers. A recent study has found that female hotel workers were 1.5 times more likely to suffer injuries than male workers. Hispanic female hotel workers were nearly twice as likely to injure themselves than white females. Researchers found that every fifth employee in their study worked in housekeeping and had the highest risk of being injured. The most common injury was to the upper extremety (shoulders, arms, and hands) followed by the back and lower extremity (legs and feet).

It is important for Illinois injured hotel workers, particularly those who have a higher risk of injury according to this study to know that just like any other Illinois injured worker, they have the right to compensation for the entire period of time during which a doctor has ordered that they remain off work as a result of their injuries under the Illinois Workers Compensation Act. Additionally, Illinois injured hotel workers are entitled to compensation for their medical expenses, and for any permanent disability related to the work injury.

The study noted that injured hotel workers at non-unionized hotels may be less likely to report their injuries to a supervisor which deprives those injured workers of their right to worker's compensation benefits. It is important to know that Illinois injured workers have a right to benefits under the Illinois Workers Compensation Act regardless of whether they are a member of a union. If an Illinois injured worker is injured at work, he or she should report the injury to a supervisor or manager immediately.

Women Hotel Workers Suffer High Injury Rates New America Media, December 6, 2009.

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Low-wage injured workers in Illinois are being pressured by their employers not to file for Illinois Workers Compensation benefits. A new study based on a survey of workers in New York, Los Angeles, and Chicago has revealed that only 8 percent of those who suffered serious injuries on the job filed for compensation through their employer's insurance to pay for medical care and missed work stemming from their work injuries.

Under the Illinois Workers Compensation Act, Illinois injured workers are entitled to compensation for the entire period of time during which a doctor has ordered that they remain off work as a result of their injuries. Additionally, Illinois workers are entitled to compensation for their medical expenses, and for any permanent disability related to the work injury.

The study found that one third of workers injured on the job paid medical bills out of their own pocket and 22 percent used their own health insurance. The study reveals that there is a widespread phenomenon across the low-wage labor market in Illinois and the United States as a whole. By discouraging injured workers in Illinois from applying for Illinois Worker's Compensation benefits, Illinois businesses are denying Illinois workers their rights under Illinois law.

Low-Wage Workers Are Often Cheated, Study Says, The New York Times, September 2, 2009.

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Illinois Attorney General Lisa Madigan reached a settlement with five Chicago-area construction firms that were falsly classifying employed Illinois workers as independent contractors in an effort to skirt Illinois Workers Compensation laws. The misclassification of workers severly restricts their access to worker's compensation, as well as other benefits.

Illinois workers who are injured on the job are entitled to worker's compensation benefits, such as being paid for any time off of work related to the injury, payment of medical expenses for treatment related to the injury, and an amount of compensation for permanent disability related to the injury. Independent contractors, on the other hand, are not entitled to these worker's compensation benefits under Illinois law. This is significant because Illinois employers save money by not having to pay out worker's compensation benefits to injured workers if the injured workers are "independent contractors."

Under the Illinois Workers Compensation Act, it is a felony for Illinois businesses to intentionally misclassify their workers in an attempt to cut off their employees' access to worker's compensation benefits. Illinois businesses that follow this practice could be required to pay restitution to their defrauded employees in addition to being slapped with hefty fines.

Madigan reaches agreement to ensure workers receive employment benefits they deserve, illinoisattorneygeneral.gov, August 10, 2009.

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