When a worker is injured on-site, workers’ compensation is often the go-to method to pay for their injuries. Workers’ compensation, by definition, is a form of insurance that provides wage replacement and medical coverage to injured employees and beneficiaries of those who have been fatally injured while on the job.
Although workers' compensation is supposed to assist injured victims, there are times when the employer or the insurance companies make it difficult for the injured worker, or their family, to obtain the compensation they deserve.
Have you suffered an injury at work that is preventing you from returning to your place of employment?
If so and you or a loved one is struggling to receive the workers’ compensation they are entitled to receive, the team of highly trained workers' compensation lawyers at Tapella & Eberspacher are here to help fight for the justice you deserve.
For a no-cost, no-obligation review of your workplace accident claim, call us today at (855) 522-5291.
We proudly offer 100% FREE consultations and you only pay us when we win.
Dangerous Occupations for Workers
There truly are no specific occupations that are completely safe from workplace injuries. A person can be injured no matter what field they work in simply due to another individual’s negligence. According to the Bureau of Labor Statistics, the highest incidence of recordable cases in Illinois was in the agriculture industry.
Some other dangerous occupational fields include:
- Hospitality & leisure
- Health Care Services
Even administrative services and those in education were injured on the job, just not as often as those who held positions in more dangerous fields.
Common Workplace Injuries
Many times the type of occupation a person is in can cause certain types of injuries. However, even some simple injuries are commonplace in most industries such as falls or even being hit by a forklift while loading up a truck.
Some further common work accident injuries include:
- Sprains and strains
- Head trauma
- Orthopedic injuries
Unfortunately, workplace fatalities are also a possibility. During an explosion, fire, or other catastrophe, many families may have to suffer with the wrongful death of their loved one.
If you or someone you love has been injured or wrongfully killed in a workplace accident, the victim may be entitled to further workers’ compensation. Our knowledgeable workers’ comp lawyers can help you determine what you’re entitled to and can help you fight for your rights.
Illinois Workers’ Compensation
Each state has their own workers’ compensation criteria and in 1912 Illinois established their own workers’ comp laws. Workers’ comp covers injuries that were caused by, partially or fully, the employer’s work. This could include muscle strain, heart attacks, or cancer caused by overexposure to toxic elements.
A person may be entitled to receive benefits for:
- Medical Care. This includes first aid, medical treatment, physical therapy, the cost of devices such as a wheelchair, and more.
- Temporary Total Disability. If a worker is temporarily disabled and cannot return to work, they may receive 2/3 of their average weekly pay as part of the benefits.
- Temporary Partial Disability. If a worker is partially disabled and can only perform light duty, therefore earning less than they would normally, they may qualify for 2/3 of the difference between their average weekly pay and the net amount they make while working lighter duty.
- Vocational Rehabilitation. If an injured employee cannot return to their pre-injury job, the employer must pay for training, instruction, and overall vocational rehabilitation so that the injured person can find employment elsewhere.
- Permanent Partial Disability. This covers the complete or partial loss of a body part, use of a body part, or partial loss of the use of the body as whole. Compensation varies by injury.
- Permanent Total Disability. This benefit covers those who have lost a limb or suffered a permanent disability that renders them unable to do any kind of work.
- Death Benefits for Beneficiaries. Survivors may receive burial assistance as well as 2/3 of the employee’s average weekly pay, subject to minimum and maximum amounts. Primarily, these benefits go to the spouse and young children, but parents may also receive benefits as well.
When a worker is injured, they need to submit notice (preferably written although verbal is accepted) with the date and time of the accident, description of the accident, injury, or disease, and their personal information. An employee is required to notify the employer within 45 days of an accident, within 90 days if exposed to radiological substances, and if a medical condition or disease is diagnosed, as soon possible.
It is important to note that is the responsibility of the employer to obtain workers’ compensation insurance.
Additionally they must also:
- Post the workers’ compensation information for all workers to see
- Keep up-to-date records of all workplace injuries, and
- Report all accidents to the Illinois Workers’ Compensation Commission
Employers may not charge workers for the workers’ comp insurance premiums or benefits and may not illegally harass, discharge, or refuse to rehire workers who chose to exercise their rights to these injury benefits.
Contact our Illinois Workers' Compensation Lawyers
If you or a loved one has been injured on the job, they are entitled to receive benefits for their injuries and should not have to struggle to receive them. Dealing with an injury can be difficult and sometimes will leave a person incapacitated for weeks or even months. Don’t let your employer or their workers’ comp insurance company coerce you into receiving less benefits than you deserve.
At The Tapella & Eberspacher Law Firm, our knowledgeable team of attorneys are experienced in taking on workers’ compensation claims and are ready to help you or your loved ones.
Our primary offices are located in Charleston, Illinois and also St Louis, Missouri and we proudly serve the following areas:
- St. Louis
- Fairview Heights
…and many more surrounding towns and cities. To find out how we may be able to help you, contact us at 855-522-5291 for a no-fee, no-obligation initial consultation. Our intake staff members will connect you with a lawyer best suited in handling your claim after a few preliminary questions about your workplace accident.