Internal injuries, including organ damage, broken ribs, and collarbone fractures can be caused by physical harm suffered on the job. Injured employees that require surgery, hospitalization, or a period of recovery away from work may be concerned about their lost wages and ability to return to their job. Illinois workers’ compensation benefits can help by providing disability benefits, payment for medical bills, and vocational retraining. At Therman Law Offices, Cook County residents receive experienced and professional legal representation by our Wheaton and Schaumburg workers’ compensation attorneys. We bring more than three decades of combined experience to our advocacy on behalf of injured workers and their families.Illinois Workers’ Compensation for Internal Injuries
An individual harmed in the course and scope of employment is eligible to file a workers’ compensation claim for benefits as set forth in the Illinois Workers’ Compensation Act (IWCA). Available benefits include wage compensation, medical care coverage, job retraining, and disability benefits. The IWCA makes clear that workers need only prove their injury occurred on the job; there is no requirement that an injured worker prove fault for their harm. For example, employees suffering internal injuries from a car accident that occurred in the course and scope of employment may be eligible for benefits, regardless of whether their own negligence may have partially led to their harm.Workers’ Compensation Benefits for Internal Injuries
Often, internal injuries occur from blunt or penetrating trauma. A car accident or fall may lead to blunt trauma injury because the body collides with another object, causing a crushing or tearing force. Penetrating trauma is common in vehicle accidents, or falls, however this type of trauma can occur when a worker uses machinery or other large objects. Workers may not be immediately aware of their injury inside their body. Signs that an internal injury may have occurred include abdominal pain, swelling in the leg, headache, and dizziness. Different internal organs may be damaged, including the liver and spleen.
Employees suffering internal injuries may be temporarily or permanently unable to return to work. According to the IWCA, they may receive permanent or temporary disability loss of wages. Temporary total disability benefits are two-thirds of the injured workers’ average gross weekly wage. These types of benefits would be appropriate if the employee cannot work for a set period of time, for example, if their employer cannot provide work that meets medically-ordered restrictions. Temporary partial benefits provide for the difference in wages between pre-injury and those that a worker earns in their position post-injury, in lighter work than they previously performed. Permanent disability benefits are available to workers completely unable to perform work or who have lost the use of two body parts.
An employer may request that an injured worker undergo an evaluation to assess the impact of injuries upon their ability to work. A determination that an injured worker is capable of returning to work is significant because it affects the employer’s legal responsibility to pay benefits. An independent medical examination (IME) is performed by the employer’s chosen medical professional, and they may be influenced to state that the worker is capable of work before they have fully healed. An employer may halt benefits if an IME shows that the injured worker is able to return work in a full capacity. A skilled lawyer can help you understand how to proceed if you are facing a refusal to pay for benefits.Third Party Claims for Damages
Because workers’ compensation is an exclusive remedy, injured employees cannot also pursue compensation from their employer through a personal injury claim. However, if a third party is potentially liable for their harm, the worker may file a claim for damages. This is important for workers suffering internal injuries because car accidents are a common cause of organ damage and internal bleeding.Seek Representation from Wheaton and Schaumburg Attorneys for Your Work Injury Claim
Therman Law Offices represents workers suffering injuries throughout the Chicago area. Our Schaumburg and Wheaton lawyers bring significant experience to their representation of those hurt on the job. We help clients throughout Hanover Park, Wood Dale. Bensenville, Roselle, as well as Bloomingdale, Carol Stream, Lombard, Glendale Heights, Addison, and Villa Park seek compensation for their work injuries. Schedule a free consultation by contacting our office by phone at 312-588-1900 or online.