Workers who suffer an injury in the course and scope of their occupation may be entitled to benefits under Illinois’ workers’ compensation laws. Additionally, those employees who suffer an aggravation of a pre-existing injury may be eligible for workers’ compensation. At Therman Law Offices, our skilled Wheaton and Schaumburg workers’ compensation attorneys assist workers and their families as they pursue their rights under state law. We strive to deliver legal representation in an efficient and effective manner, and together, we have been fighting for the rights of injured workers for more than three decades.Seeking Workers’ Compensation for a Shoulder Injury
Pursuant to the Illinois Workers’ Compensation Act, employers throughout Illinois maintain insurance coverage that provides benefits for workers hurt in the course and scope of employment. The Act also provides for those employees injured outside of the workplace while performing work-related duties. Additionally, employees suffering from a pre-existing condition aggravated at work may recover workers’ compensation benefits.
Shoulder injuries can impact an employee’s quality of life, and make it challenging to return to their former vocation. Depending on the type of work-related tasks at issue, workers may be temporarily or permanently unable to perform their job duties. Examples of shoulder injuries can include rotator cuff tears, labral tears, and fractures. The issue with a shoulder injury is that the shoulder is involved with many tasks, such as painting walls, repairing vehicles, and lifting objects. In some cases, the shoulder and neck may be injured together, or the shoulder and arm.
To receive workers’ compensation, an employee need not prove fault for the accident that resulted in their injury. However, the Act does require that the injury be work-related, meaning that the harm was suffered on the job or as a direct result of job duties. Proving this connection may require medical records, work incident reports, and expert testimony.Available Benefits
The types of workers’ compensation benefits that may be recovered by an injured worker include medical and rehabilitation costs, disability benefits, either temporary or permanent, and job retraining. Benefits include temporary total disability, for those workers totally prevented from working on a temporary basis. Temporary partial disability applies to those workers able to perform light duty. Permanent partial disability compensates injured workers who suffer a permanent disability, but are able to return to work. Permanent total disability is for those workers who are permanently unable to work following their injury.
There are many factors involved in determining the value of a shoulder injury claim. Injured employees may miss work for a period of weeks, or be permanently disabled and unable to return. According to statistics from the U.S. Bureau of Labor Statistics, shoulder injuries require the most days away from work. Generally, calculating an average weekly wage is important, because many employees receive two-thirds of their pre-disability salary in the form of a weekly workers’ compensation benefit. Medical expenses may be covered by the Act, which can include costs for surgery, physical therapy, and hospital stays.
The exclusive nature of workers’ compensation means that for those workers who receive workers’ compensation benefits, compensation through a personal injury claim will not be available. However, workers may pursue claims against third parties that may be liable for causing them harm, for example, in an underlying accident. A skilled attorney will be able to assess whether an exception to the exclusive remedy provided by worker’s compensation may apply to your case.Consult a Workers’ Compensation Attorney in Wheaton or Schaumburg
Shoulder injuries suffered in a workplace accident or due to a workplace condition can lead to ongoing harm and an inability to perform work-related tasks. You may be entitled to benefits under Illinois workers’ compensation laws. At Therman Law Offices, our job injury lawyers can represent you in determining the benefits to which you are entitled, and work to help you seek compensation for your work-related injury. Our clients hail from Schaumburg and Wheaton, as well as Hoffman Estates, Streamwood, Bartlett, Hanover Park, Wood Dale, Roselle, Bloomingdale, Carol Stream, Glendale Heights, Villa Park, and Lombard. To better understand your claim, schedule a free consultation by contacting our office at 312-588-1900 or through our online form.