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Recovering Compensation for Construction Accidents Involving Falls

Web Admin - Wednesday, May 09, 2018
Palatine construction accident injury lawyerConstruction sites are dangerous environments, and it is important for employers, contractors, and construction workers to follow proper procedures to protect everyone’s safety. However, construction accidents occur for a variety of reasons, and they can often result in serious injuries. 

According to the National Institute for Occupational Safety and Health (NIOSH), falls are the leading cause of death in construction accidents, accounting for 370 fatalities in 2016. Workers injured in construction accidents involving falls should be sure to understand their options for receiving compensation for their damages. 

Workers’ Compensation for Construction Site Falls

When an employee is injured in the course of their job, they are eligible for workers’ compensation benefits, regardless of who was at fault for the injury. These benefits will cover the costs of medical treatment for a worker’s injuries, and a worker may also receive disability benefits that compensate them for lost income due to temporary or permanent impairment to their ability to continue working. In fatal construction accidents, a worker’s surviving family members can receive workers’ compensation death benefits, including ongoing payments to make up for the family’s lost income, along with compensation for expenses related to the deceased person’s funeral and burial.

Third-Party Liability for Personal Injuries

Construction site fall injuries can occur for a variety of reasons, including defective equipment (such as ladders or scaffolding), inadequate employee training, or failure to use the proper safety measures or follow the correct procedures. When a worker is injured because of this type of negligence, they may be able to pursue a personal injury lawsuit against the liable parties and receive compensation for their injuries. 

A personal injury claim may be brought against all parties responsible for an injury, such as the manufacturer of defective equipment or subcontractors who did not follow the correct safety procedures. A third party-liability claim not only allows an injured person to pursue financial damages, but they may also be able to recover compensation for the pain and suffering they and their family have experienced. 

Contact a Schaumburg Personal Injury Lawyer

Injuries that occur as the result of falls at a construction site can be devastating, affecting a worker’s health and well-being and their ability to earn an income for years to come. If you have suffered a construction site injury, the attorneys of Drost, Gilbert, Andrew & Apicella, LLC can work with you to ensure that you receive the proper workers’ compensation benefits, and we can help you understand your options for pursuing a third-party liability claim. Contact an Arlington Heights construction accident attorney at 847-934-6000 to schedule a personalized consultation.

Ken ApicellaAbout the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.



Sources:
https://www.nsc.org/work-safety/safety-topics/slips-trips-falls
https://www.cdc.gov/niosh/construction/infographics.html
https://www.cdc.gov/niosh/topics/falls/

Understanding Workers’ Compensation Disability Benefits

Web Admin - Friday, March 09, 2018
Schaumburg workers' comp benefits attorneyWhen a person is injured while they are working, they are entitled to workers’ compensation benefits that will cover the costs of medical care and any required rehabilitation. In addition, they may be eligible to receive disability benefits to compensate them for income lost while they were unable to work or for any impairment to their ability to earn an income in the future. In Illinois, there are four different types of disability benefits:

  • - Temporary Partial Disability (TPD) - This type of disability applies when a worker is only able to work part-time or in a position that provides reduced pay while they are recovering from their injuries. They will be eligible to receive benefits of two thirds (66 2/3%) of the difference between their income prior to the injury and the income they earn in their reduced capacity.
  • - Temporary Total Disability (TTD) - If a worker is unable to work for at least three days while they are recovering from their injuries, they will be eligible to receive TTD until they are able to return to work. TTD benefits are two thirds (66 2/3%) of their average weekly wage, and this amount is increased by 10% for their spouse and each of their children (up to a maximum of 100%).
  • - Permanent Partial Disability (PPD) - An employee who suffers a permanent injury, such as hearing loss or the amputation of a limb, is eligible to receive PPD. Depending on the body part and the level of impairment, they will be able to receive compensation of 60% of their average weekly wage for a certain number of weeks of work. This percentage is increased by 10% for a worker’s spouse and each of their children (up to a maximum of 100%).
  • - Permanent Total Disability (PTD) - This type of disability applies when an employee is permanently and incurably injured and unable to return to work. They will receive two thirds (66 2/3%) of their average weekly wage for the rest of their life, with this amount being subject to cost of living adjustments each year. 

Contact an Arlington Heights Workers’ Comp Attorney

Injuries that impair a person’s ability to work and earn an income can be devastating to a family’s finances. However, if these injuries occurred while a person was working, workers’ compensation benefits can provide them with the resources they need to make a recovery and continue providing for their family. If you have been injured while working, the skilled attorneys of Drost, Gilbert, Andrew & Apicella, LLC can help you file a workers’ compensation claim and ensure that you receive the benefits you deserve. Contact our Palatine personal injury attorneys at 847-934-6000 to schedule a personalized consultation.

Ken ApicellaAbout the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.



Sources:
http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2430&ChapterID=68
https://www.thebalance.com/types-of-workers-compensation-benefits-4047799

Illinois Workers’ Compensation Commission

Web Admin - Tuesday, June 30, 2015

Illinois workers comp commission, Schaumburg workers compensation lawyers

If you have been injured while on the job, it is possible that you qualify for benefits under the workers’ compensation program. These benefits are often very important for individuals who are unable to work due to their injury or illness. Employers in Illinois are subject to numerous requirements relating to workers’ compensation. When disputes between employers and employees arise, the Illinois Workers’ Compensation Commission (Commission) may be used to settle those conflicts. 

Commission 

Workers’ compensation is a no-fault system in which benefits are paid by employers to employees who suffer from work-related injury or serious illness. In some cases, disputes regarding the payment of these benefits arise between an employer and an employee. When this occurs, the Commission provides a method of resolving those disputes through an arbitration process. Arbitration involves both parties stating their case to a neutral, third-party, who then issues a ruling on the issue. The initial decision of the arbitrator may be appealed to a panel of three commissioners. Additional appeals may be brought in the traditional court system. However, most issues are resolved by settlement, thereby avoiding arbitration or litigation altogether. 

In order to begin a claim with the Commission, an employee must file three copies of the Application for Adjustment of Claim along with Proof of Service stating that a copy of the application was served on the employer. After this has been completed, a case number and arbitrator are assigned to the case. Every three months, the case is set for a status call, at which time either party may request a trial. This will continue for three years. If no trial is requested after three years, the arbitrator may dismiss the case. 

 The trial will resolve the dispute between the employer and employee. At the trial, the employee must demonstrate items like the existence of an employment relationship and that an injury occurred in relation to his or her work. While it is not necessary, many employees elect to hire an attorney to represent them. An attorney can help keep track of the claim, appear with an employee at hearings, and present evidence to prove the employee’s eligibility for benefits. Importantly, the Commission cannot recommend an attorney for an employee. 

Benefits of Workers’ Compensation 

Under the workers’ compensation system, employers are responsible for paying benefits when an eligible employee is injured on the job. Most employers decide to purchase workers’ compensation insurance. By purchasing insurance, employers can pay a premium and when a claim is made, the insurance company pays the employee on the employer’s behalf. Alternatively, an employer may elect to self-insure, which makes it their responsibility to pay eligible employees. 

There are numerous benefits provided to employees under workers’ compensation, including: 

1. Medical care reasonably necessary in order to cure or relieve the employee of the effects of the injury or illness;

2. Temporary total disability benefits while the employee is unable to work, recovering from the injury; 

3. Temporary partial disability benefits while the employee is working light duty for less compensation while recovering from the injury; 

4. Vocational rehabilitation or maintenance benefits for injured employees participating in an approved vocational rehabilitation program; 

5. Permanent partial disability benefits for employees who suffer permanent disability or disfigurement, but are still able to work; 

6.  Permanent total disability benefits for employees who suffer permanent disability or disfigurement and are unable to work; and/or 

7. Death benefits for a deceased employee’s surviving family members.

For more information about the workers’ compensation program, including ways in which legal representation can help you recover, you should talk to an experienced Illinois personal injury attorney. Our attorneys represent individuals from areas such as Buffalo Grove, Schaumburg, and Inverness.

Ken ApicellaAbout the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.


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