Forklift and Ladder Accidents
If you have suffered injuries in a workplace forklift or ladder accident, you may pursue workers’ compensation benefits. These benefits are intended to assist workers hurt in the course and scope of employment, and can include costs for medical care, ongoing rehabilitation, and disability payments. In many forklift and ladder accidents, workers fall great distances and can suffer serious injuries or even death. Consulting an experienced Wheaton and Schaumburg workers’ compensation attorney at Therman Law Offices can help you set forth a strong claim for benefits. With over three decades of experience, we assist injured workers and their families and are prepared for complex claims, including those that may be challenged by your employer.Pursuing Benefits After a Forklift or Ladder Accident
Compensation provided under the Illinois Workers’ Compensation Act is intended to help employees who have been hurt at work. In many cases, workers receive ongoing benefits for medical treatment and physical rehabilitation. Benefits can include disability payments, medical care, and in the case of a fatality, death benefits. Workers’ compensation is a no-fault system, which means that even if you were partially to blame for your accident, you can still recover benefits. This is important for employees hurt in a forklift or ladder accident, particularly if the employer attempts to argue that the employee’s own negligence contributed to their injuries.
Injuries common to forklift and ladder accidents range from broken bones and disfigurement to paralysis. The severity of the injury and the impact it has upon the worker’s ability to engage in work tasks will dictate the type of benefits available to them, which can be temporary or permanent. Temporary total disability benefits are an example of benefits paid to an employee who is prohibited from working for a limited period of time, or who has work restrictions that cannot be accommodated. These benefits last for the duration of the disability, and are two-thirds of an average gross weekly wage.
Forklift and ladder accidents that lead to permanent physical loss may entitle the employee to permanent partial disability benefits. This would be appropriate for the loss of a body party, or the use of a body part. In most cases, “loss of use” refers to the inability to perform tasks the employee was capable of performing pre-injury. If a worker surfers the complete and permanent loss of two body parts, or a complete disability, they may be entitled to permanent total disability benefits. A skilled workers’ compensation lawyer can help you seek the level of benefits that is appropriate in light of your injury.
If a worker is killed in a forklift accident, their spouse and dependent children are entitled to full benefits according to law. Also known as survivor benefits, this type of compensation assists the family and dependents who relied upon the deceased worker’s income and support. If there are no surviving dependents, benefits may be paid to totally dependent parents, or others who are 50% or more dependent on the employee.Appealing a Denied Claim for Workers’ Compensation
Insurance companies may attempt to deny a claim for compensation for a variety of reasons. They may argue that a pre-existing condition led to the injury. For example, if a worker falls from a forklift and injures their back, they may file for compensation. Upon review of medical records, an insurance company may argue that a previous back injury, unrelated to work, caused or exacerbated the current injury. However, Illinois law states that a pre-existing condition will not disqualify a worker from recovering compensation.
The Illinois Workers’ Compensation Act holds that employers are required to take their employees as they find them. This means that an employee with a pre-existing condition will still be entitled to compensation if the job aggravated their condition. However, in order to recover benefits, it is necessary to show that the aggravation is work-related, such as an injury that is traceable to a fall or other forklift or ladder accident.Discuss Your Workers’ Compensation Claim With a Schaumburg or Wheaton Attorney
The serious nature of a workplace forklift or ladder accident can necessitate experienced legal representation to secure worker’s compensation. Consult a job injury lawyer at Therman Law Offices to begin the process of seeking your benefits in Schaumburg or Wheaton. We can be reached by calling 312-588-1900 or online. We represent injured workers in Lisle, Downers Grove, Bolingbrook, Clarendon Hills, Darien, Norwood Park, Harwood Heights, Edison Park, Elmwood Park, and Norridge.