Illinois Workers' Compensation Attorneys Blog

You know you deserve compensation if you are injured at work. But from there the question becomes how much? How much does my injury deserve? The Illinois Workers' Compensation Act lays out complicated formulas for determining the amount of benefit an injured employee deserves. This information can be very helpful when deciding whether to take a settlement or not. For example, there are different rates of compensation if you are temporarily disabled versus permanently disabled. Also, depending on the body part injured and the extent of the injury, you are due compensation for a different number of weeks.

The table above provides examples the period of time an injured employee is to receive compensation of a temporary total incapacity depending on the body part and extent injured. An attorney can help determine how much compensation your are due based on this formula and other information provided in the Act by examining your medical records. Sometimes, an experienced attorney can increase the amount of compensation you receive by arguing you actually have suffered a lost of trade.

However, each case is different and every injured employee has circumstances unique to their situation. The best way to make sure you are getting the benefits you deserve, is to contact your Illinois Work Injury Attorney.

Source: 820 ILCS 305/8

Sometimes, even after being injured, employees continue to work. Maybe it's because the employee is minimizing the injury, or because he/she needs the money. Whatever the reason, if you are injured at work you deserve compensation. This is true, even if you have continued to work through the injury.

In a recent case in front of the Illinois Workers' Compensation Commission, an employee had seriously injured his finger at work, sought medical attention and then returned to work. Even after receiving nine stitches in his finger, the employee returned to work with limited use of his hand. The worker continued to guard his hand while at work and at home, continuing to experience pain whenever grabbing things or striking his finger against an object.

Based on this, the Commission found that the injured employee had lost 20% of the use of his finger and awarded him accordingly.

What does this mean for you? It means if you have been injured at work, but are still continuing to work (whether in a limited capacity or not) you may still be eligible for workers' compensation benefits. Contact your Illinois Work Injury Attorney for more information specific to your situation.

For employees suffering from carpal tunnel syndrome there are a number of options. Non-surgical methods are generally the first way to start treatment. However, surgery is often the solution for patients whose symptoms are continuous after many months.

One of the surgical options is commonly referred to as "open surgery." Open carpal tunnel release surgery is when the transverse carpal ligament is cut to release pressure on the median nerve which in turn relieves symptoms. The open surgery is conducted by putting an incision at the base of the palm of the hand. Post surgery, stitches are removed about two weeks after and you may have to wear a brace for a few weeks. Your time off of work depends on whether it was your dominant hand and what activities are required of you at work.

Open surgery requires a longer recovery period than endoscopic surgery because it cuts open the bast of the palm. Endoscopic surgery is conducted through the use of a tiny camera and cutting tool that are guided through small incisions in the wrist. During the surgery, the transverse carpal ligament is cut to relieve pressure on the median nerve. The recovery period for endoscopic surgery is less than for open surgery because it is not as invasive. Just as in open surgery, the pain and numbness may go away right after surgery or it may take several months.

Studies have not found that one surgery is more effective than the other, and the decision to undergo any surgery should be made with your doctor. There are risks associated with any surgery and you want to make sure you are making the most informed decision. Discussing your options with your doctor as well as with your Illinois Work Injury Attorney can help you make an informed decision.

Source: www.webmd.com

Workers' Compensation is complicated. Injuries that you think did not arise from your employment, may actually be covered by Workers' Compensation. This is especially true for traveling employees. Which injuries are due compensation when sustained while traveling for work can be unclear. A rule arising out of a recent case may help shed light on the subject. The arbitrator in a case involving an injured bus driver "noted that injuries sustained by an employee while in the performance of reasonably necessary acts of personal comfort may be found to have occurred in the course of employment, as they are incidental to the employment."

In that case, a bus driver arrived at a school after her second route, and was going to eat food she had brought from home in the cafeteria while waiting to being her third route. After checking into the office and using the restroom, the bus driver headed toward the cafeteria when she fell and sustained injuries. The commission found that since the bus driver was where she was supposed to be and doing what she was supposed to be doing at the time of the injury and did not expose herself to a risk outside the reasonable exercise of her duties, her injuries were compensable.

The rule used by the Arbitrator and Commission in this case is specifically related to traveling employees. That rule is that "injuries to a traveling employee occur in the course of employment if the employee is required to travel and is involved in the performance of reasonable services for the employer at an appropriate time and place." So, if you travel for work, many of your injuries, even if not directly related to your work may still be compensable under the Workers' Compensation Act. To be sure, contact your Illinois Work Injury Attorney.

For an employee injured at work, there are several options for obtaining the benefits you are due. A popular, and typically more hassle-free method is settlement. There are numerous ways a settlement can be designed, but it's important to think about what will benefit you the most. For example, when considering settling, you must take into consideration the fact that you may be closing out any further claim for workers' compensation benefits regarding your injury. However, there are usually benefits to a settlement. For example, it is possible to receive a lump-sum settlement distribution rather than scheduled payments in permanent and total disability cases.

One thing that is important to keep in mind is that you do not have to accept a settlement proposal. It may be tempting to take a settlement and put an end to the stress of worrying about a workers' compensation claim, however what is most important is making sure you receive the benefits you deserve. There are options, other than settlement, to ensure you receive compensation. For example, you may choose to go to an Arbitration hearing where all of the evidence surrounding your case can be heard and evaluated by the Arbitrator. There are even options past an Arbitration, called appeals, if the decision is not in your favor.

There is a lot to think about when assessing the best option for your workers' compensation claim. Contact your Illinois Work Injury Attorney to make sure you are making the right choice for you.

You have a right to Workers' Compensation if you are injured due to an activity at work. If you submit a claim for Workers' Compensation, you should not be treated negatively as an effect. This means if you request Workers' Compensation, because you have a legal right to it, you should not be discharged, or refused to be recalled or rehired as a result. In fact, if this happens to you, you can sue for damages.

A woman in St. Clair County is suing for punitive damages plus cost because she claims her former employer terminated her in retaliation for her claim for Workers' Compensation. During the summer of 2009, the woman was injured while at work and submitted a workers' compensation claim to seek benefits for medical treatment, temporary total disability and permanent partial disability. A week later, the woman was fired from her position. The woman is now alleging lost income and benefits, injury to her reputation and suffered mental anguish.

If this situation sounds like a situation similar to the one you are in, you should contact your Illinois Work Injury Attorney for help. If you are injured in connection with a work activity then you have a legal right to Workers' Compensation and should not be treated negatively as a result.

Source: http://www.madisonrecord.com/news/230070-drury-hotels-sued-by-worker-claiming-wrongful-termination

You do not have to ignore pain and numbness and tingling just to keep working. Those symptoms in your hand could mean you have carpal tunnel syndrome and more than likely also means you have a claim for workers' compensation.

Carpal tunnel syndrome is when the median nerve becomes squeezed at the wrist. This squeezing occurs because irritated tendons swell the tunnel that the nerve runs through. If this is happening, you may feel pain, weakness or numbness in your hand or wrist, radiating up the arm. Although the symptoms start gradually, as they worsen, you may have difficulty forming a fist or grasping small objects.

Many activities may cause carpal tunnel syndrome; the most well-known being frequent typing at a computer. However, many other work activities may result in carpal tunnel. The best way to determine if you have carpal tunnel is to see your medical doctor.

The best way to find out if you have a claim for workers' compensation as a result of your carpal tunnel is to call your Illinois Work Injury Attorney.

When an injury at work causes back pain, you have several options for treatment. Usually, a doctor will begin with a conservative treatment plan such as pain management, rest and/or treatment from a chiropractor/physical therapist. If there is no improvement after several weeks of conservative treatment, doctors may suggest surgery to stop back pain.

There are several different types of back surgery, and depending on your unique condition, one type may be more appropriate than another. Below are a few common types of back surgeries.

1.Discectomy: removal of a portion of the disc that rests between vertebrae. Most commonly used in herniated disc cases.
2.Foramenotomy: removal of a portion of bone and other tissue that may be putting pressure on a nerve as it exits the spinal column. Generally used when more than a herniated disc is compressing a nerve.
3.Laminectomy: removal of bone to relieve pressure on the spinal cord itself.
4.Spine Fusion: links together two or more vertebrae to eliminate motion with that portion of the spine.

Back pain is frustrating because it is not easily fixed. Treatment usually takes weeks and sometimes even months. This is a difficult situation for anyone, especially if long term treatment means even more time out of work. There are so many complicated issues that arise when back injuries at work are involved: medical treatment options, finding the right doctor, getting the workers' compensation you deserve. A workers' compensation attorney can help in all these areas. A workers' compensation attorney can suggest good doctors, discuss your treatment options with you and work with insurance companies to make sure you get the compensation due to you. Contact your Illinois Work Injury Attorney for more information.

Sources: http://orthopedics.about.com/cs/backpain/a/backpain_3.htm