Illinois Workers' Compensation Attorneys Blog

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.

To be eligible for workers' compensation benefits, your injury must be work related. Many situations that seem to not be work related are often still covered, your Illinois Work Injury Attorney can help determine if you have a claim.

Here are a few types of scenarios that are work related:
-Injured while doing something for the benefit of your employer
-Injured while on the company's premise (ex. sprained ankle due to a fall in the cafeteria)
-Injuries at company events (ex. strained neck due to a fall at a fundraiser)
-Car accident while commuting in a company car; accident while driving your own car to meet a client
-Injuries as a result of not following safety rules at work are often still covered
-Mental conditions as a result of witnessing a trauma at work or due to a stressful environment

If you think you fit into one of these categories or are uncertain if you have a claim, contact your Illinois Work Injury Attorney.

An injury that happens due to work activities or occurs at the work place may be covered by workers' compensation benefits. This means that a sudden injury like an ankle sprain or a twisting of the back that results in a herniated disc may be covered. Additionally, an injury as a result of repeated use, like carpal tunnel, is also covered.

Although herniated discs and carpal tunnel syndrome are the most common work related injuries, many others are also covered. For example, strains due to falls at the work place or lifting objects on the job result in a workers' compensation claim. One of the important rules in determining whether you have a workers' compensation claim is: if you're injured on the job, at the workplace or as a result of your work then you most likely have a compensation claim. Also, if you become either physically or mentally ill due to conditions at work then you also have a compensation claim. Using that basic rule will help you determine if you have a claim, however the best rule is always to call your Illinois Work Injury Attorney to be sure you do not miss out on a workers' compensation benefit.

There are several types of workers' compensation benefits: medical, rehabilitation, disability and death benefits. The category you fit into depends on your situation and the best way to figure it out is to contact your Illinois Work Injury Attorney.

- Medical benefits under workers' compensation are designed to cover diagnosis and treatment of an injury or illness related to work.
- Rehabilitation benefits often pay for therapeutic care, like physical therapy after a back injury. Rehabilitation benefits may also cover services necessary to help you cope and recover.
- Disability benefits compensate for lost wages while your injury made it impossible for you to work. There are different categories within disability benefits ranging from temporary to permanent and partial to total disability. Please contact your Illinois Work Injury Attorney for more information.
- Death benefits are for people related to a deceased worker and who were financially dependent on that person.

The categories of workers' compensation benefits are complicated. Even if you don't think you fit into any of these descriptions, you should still contact your Illinois Work Injury Attorney.

If you are injured while at work, regardless of whose fault it is, you may have a right to compensation. Workers' compensation is a state-mandated insurance program that provides compensation to employees who suffer job related injuries. Common job related injuries include herniated disc, carpal tunnel and other strains.

Herniated discs can be caused by repeated stress, lifting and violent twisting. Carpal tunnel is frequently caused by repeated use of the wrist and can result in pain and weakness in the hand.

If anything at work has caused you injury or illness then you may be qualified for some type of compensation. Contact your Illinois Work Injury Attorney to find out what options you have.

In the recent case Williams v. Rehab and Care Center of Jackson County, the Commission awarded benefits to the claimant for disability relating to disc herniation, but denied any benefits for her fibromyalgia. Fibromyalgia is a medical disorder characterized by chronic widespread pain and a heightened and paintful response to pressure. The Commission found that the claimant did not present sufficient evidence establishing a relationship between the fibromyalgia and her work accident. The main point to be gleaned from this case is that the absence of symptoms consistent with fibromyalgia until 38 months after the work accident constitutes strong evidence negating a causal relationship between accident and fibromyalgia.
The claimant was working as an administrative assistant on October 27, 2004, when she injured her back lifting a box. She was later diagnosed with a disc herniation. Instead of surgery, she opted to receive conservative treatment, but her symptoms failed to improve. In January 2008, she was also diagnosed with fibromyalgia. The claimant's family doctor testified that chronic back pain can cause fibromyalgia and that there was a causal relationship between the work accident and fibromyalgia. The defendant's medical expert stated that if the claimant did, in fact, have fibromyalgia, that it was not caused by her job. The arbitrator awarded temporary total disability for the disc herniation, but ultimately found that the claimant failed to establish a causal connection between the fibromyalgia and the work accident, as there were no symptoms consistent with fibromyalgia until 38 months after the accident.
If you have questions or concerns about your condition and its relation to a work injury, please contact you Illinois Work Injury Attorney.

Most likely due to the current state of the economy in Illinois and throughout the country, workers compensation benefits are coming under attack, and more businesses are operating with workers compensation insurance. A more troubling trend is appearing - insurance agents fraudulently selling workers compensation insurance to employers without any real insurance overage. This situation is just another example of how Illinois workers are left holding the bag for injuries that they sustain at work.

Recently, a Kankakee insurance agent was charged with collecting premiums from 13 downstate Illinois employer, including the Village of Burbounnais, for workers compensation insurance, and then using the premiums for personal expenditures. Luckily, the State of Illinois and the Workers Compensation Commission have stepped up their efforts to enforce the law against fraudulent insurance agents as well as employers that do not have insurance to cover a work injury. This is good news for injured workers in Illinois. Without these efforts, many injured workers would have to wait a long time before their medical bills are paid or before getting paid for time off of work due to an injury.

Kankakee Insurance Agent Charged With Fraud, Illinois Government News Network, June 29, 2009

Continue reading "Yet Another Workers Compensation Insurance Agent Leaves Injured Workers Holding the Bag" »

The Illinois Department of Insurance has brought fraud charges against an insurance agent in Zion, Illinois for selling bogus workers compensation insurance polices to 22 north suburban businesses. As a result, any employee who is injured while working for any of these employers will not be covered.

Unfortunately, this is not an uncommon occurrence in Illinois. The Illinois Attorney General and the Illinois Workers Compensation Commission have taken steps recently to address this issue. The Illinois Workers Compensation Act requires most businesses with employees to have insurance to cover work injuries, and also provides for penalties against employers who fail to have this insurance.

If you are an employee of one of these businesses who is injured at work, you can still get benefits from a special fund set up by the State of Illinois. However, you must follow a set of special procedures to make a claim against this fund for work injuries. This fund covers all benefits available under the Workers Compensation Act, including medical bills for treatment related to a work injury, benefits for time off work and compensation for the permanent effects of the injury. In this circumstance, it is best to have an Illinois workers compensation lawyer with experience in getting benefits for injured workers from this fund.

Lake County insurance agent pleads guilty to fraud, Chicago Tribune, June 25, 2009

Illinois Agent Guilty of Fraud Charges, Financial-Planning.com, June 26, 2009

False insurance leads to jail time for north suburban agent, WBBM780, June 26, 2009

Illinois Agent Guilty of Fraud Charges, Insurance Networking News, June 26, 2009

The Illinois Workers Compensation Act requires that most businesses with employees operating in the State of Illinois carry insurance to cover workers compensation claims. This provision is very important for Illinois workers. When an employer does not have insurance, the employee may have to wait a long time to receive any benefits, including medical treatment, benefits for time off work and compensation for the work-related injury itself. Even then, the injured worker most likely will only receive a portion of those benefits.

Recently, the Illinois Workers Compensation Commission recognized the importance of this provision of the law. A pet store in Evanston, Illinois was shut down for failure to obtain workers compensation insurance, after four employees filed workers' compensation claims against the business and were unable to obtain benefits. This is the first time a business has been shut down by the State of Illinois for failure to have this insurance.

Despite Illinois workers compensation law requiring businesses to have workers compensation insurance and the potential consequence of having your business shut down for failure to comply with this requirement, there are still a substantial number of business that have been operating in recent years without insurance. The action against the employer in this case shows that the State of Illinois and the llinois Workers Compensation Commission are concerned about this issue and understand the potential burden on Illinois workers posed by uninsured employers. Hopefully, this recent action will encourage more employers who do not have workers compensation insurance to make sure that they are in compliance with the law. This will be a good development for everyone - employers and injured workers alike.

Evanston Business Closed For Not Having Workers' Compensation Insurance, Sun Times News Group, June 3, 2009