Getting injured on the job can be a difficult and stressful time. Not only do you have to tend to your injuries by visiting with doctors and other hospital staff but going through the legal process can be confusing. Hiring a workers’ comp lawyer in Wheaton, IL can help you out with the confusing and difficult process of navigating through the legal system. Lawyers from Therman Law Offices understand how the workers’ compensation process goes and can help you out with your case.
Timelines Involved with a Workers’ Comp Claim
There are timelines in place for how to go about a workers’ comp claim. You will want to notify your employer no more than 45 days after your injury. This notice to your employer is recommended to be done in written format that details where and when exactly your injury took place. Notifying your employer means that you notify HR or a supervisor at your employer. If the company doesn’t take your claim seriously, then that could be the basis of negligence on behalf of your employer or even employer retaliation if they attempt to retaliate you for your workers’ comp claim. Contact a Wheaton, Illinois workers’ comp lawyer for more details and assistance with your case.
Workers’ Compensation Denials
If you have been denied workers’ comp, then there is no reason to panic. This sometimes happens because your claim wasn’t submitted on time, or some key details were missing. A lawyer can help you out with those details and ensure that your case is solid. If you think you were wrongfully denied, then you may need to have a hearing for your case. Our lawyers can help you set up that hearing and prepare for it to get you the compensation that you deserve for your injury.
Common Workplace Injuries
Many injuries happen at the workplace that could be eligible for workers’ compensation. Some of the more common injuries include slip and falls, repetitive motion injuries, poor employer safety practices leading to injury, and more. Labor industries as well as office jobs could also have injuries occur at them. An office worker could get injured from a repetitive motion injury from sitting for long hours and overusing certain muscles for their job. If you have been injured on the job, then discussing the details and how to go forward with your claim with a lawyer from Therman Law Offices will be of great assistance to you. Consult with us today.
The Do’s and Don’ts of a Worker’s Comp Case
Do Contact A Worker’s Comp Lawyer
If you are injured at work, it is very important that you contact a workers comp lawyer in Wheaton, IL. The professionals at Therman Law Offices, LTD will be able to help you navigate the details of your injury. They will be able to help you determine whether or not you have a legitimate worker’s comp case or not. There can be many details and factors which will play into your case and you will want a professional on your side to help you sift through all of this information.
Do Prioritize Your Recovery
Although you may be tempted to focus all of your time and attention on your worker’s comp case, you should remember that your health and recovery are far more important. You will want to follow all of your doctor’s instructions concerning your injuries. You will also want to give yourself plenty of time to recover. This may mean delaying a return to your regular work schedule.
Do Consider Your Employment Situation
Many employees find that following a workers comp case, they wish to move on to another employer. If you are experiencing any type of harassment or mistreatment during your worker’s comp case from your employer or from co-workers, you will want to discuss this with a workers comp lawyer in Wheaton, IL. These professionals will be able to advise you on steps you can take to stop the harassment. If the harassment continues it could also play a role in your court action.
Don’t Settle Without Talking to a Lawyer
Your employer may approach you and offer to settle out of court. It is important to remember that the only way to ensure that you are getting a fair and equitable settlement for your worker’s comp case is to talk with a workers comp lawyer in Wheaton, IL first. You will want to go over all details of a settlement with the lawyer. Remember, that in many cases the only way to truly hold an employer accountable for an injury is through bringing a worker’s comp action against them. Seeing your case through can help enact change in your workplace so that other employees do not suffer in the future.
Recovering from your injury at work will involve many different things. Your medical treatment, your mental health, your finances, and your future career can all be affected by this event. The legal team at Therman Law Offices, LTD is available to help you during this time.
Illinois Workers’ Comp Law Firm
Legal representatives are here to help you out with your case. A workers’ comp lawyer in Wheaton, IL from our firm will listen to your case and learn from you about all of the details. We will then make a strategy going forward with you in order to bring about the maximum benefits and compensation that you deserve as a result of your claim. With our experience and skill, we know that we are the right lawyers for you. Contact Therman Law Offices, LTD today to get your case started.
Signs You May Need a Workers’ Comp Lawyer
If you were recently injured at your job, you might wonder if you should hire a lawyer or not. If your case is fairly simple, you might not need legal representation. However, if your case is more complex, it may be necessary to work with an experienced lawyer. Here are a few signs you may need to hire a workers’ comp lawyer in Wheaton, IL.
- Your employer has denied your claim. Employers deny workers’ compensation claims more frequently than you might think. For example, if your employer believes that your injury did not actually occur at work, he or she can reject your claim. However, just because you receive a rejection, does not mean you have to give up. You can appeal the decision with the assistance of a lawyer.
- The settlement does not cover all your losses. Even if your employer approved your workers’ compensation claim, the settlement might not be sufficient enough to cover the costs of your medical bills and lost wages. In this situation, you would benefit from hiring a skilled workers’ compensation lawyer who can fight to get you a higher settlement.
- You suffered a permanent disability. If your work accident resulted in a permanent disability, you may be entitled to receive a higher settlement. However, disability settlements are very expensive for insurance companies, so they may try hard to get out of paying you what you deserve. That is why it is critical to have a confident lawyer on your side.
- Your employer has retaliated against you. While it’s illegal for employers to retaliate against workers for filing workers’ compensation claims, it does not stop all of them from doing so. If your employer demoted you, reduced your hours or fired you after you filed for benefits, you need a skilled workers’ comp lawyer to stand up for your rights. You don’t have to put up with that kind of treatment.
- A third party contributed to your injury. If a third party was responsible for your workplace accident, you may be able to file a separate lawsuit. For example, if you were driving the company vehicle and another driver hit you, that driver may be held liable for your injuries. A workers’ comp lawyer can help you file a lawsuit against the negligent driver.
Common Misconceptions About Workers’ Compensation
Employers in Illinois are required to carry workers compensation insurance in case their workers get injured on the job. Although workers compensation has been around for quite a while, it is still widely misunderstood. Here are a few misconceptions about workers compensation that you should be aware of.
- If you didn’t get injured on the worksite, you aren’t eligible for benefits. This is one of the most common myths about workers compensation. The reality is that you do not actually have to get hurt on the worksite to file for workers compensation benefits. If you were performing job duties on another site and got injured, you’re still eligible for benefits. For example, if your employer had you go to another business and you suffered an injury there, you can still file a claim.
- If I just started a job, I’m not eligible for workers compensation benefits. Unlike with other benefits, like health insurance, you do not have to wait a certain amount of time to become eligible for workers compensation benefits. You are eligible for these benefits the day you start a job.
- If the accident was my fault, I can’t get workers compensation benefits. Fault is not a factor employers consider when determining your eligibility for workers compensation benefits. Therefore, if you were not paying attention while performing a task and got injured, you can still claim workers compensation. On the other hand, if you were under the influence of drugs or alcohol when the accident occurred, you lose your right to collect benefits.
- Filing for workers compensation can get you fired. Unfortunately, some employees hesitate to file a workers compensation claim because they are afraid of losing their job. However, it is illegal for employers to fire someone for filing a workers compensation claim. If your employer attempts to retaliate against you after you file a claim, let your lawyer know right away.
- If your first claim is denied, that’s it. Believe it or not, many workers compensation claims get denied for one reason or another. If your initial claim gets denied, don’t get discouraged. You have the option of filing an appeal. A skilled workers comp lawyer in Wheaton, IL can help you with the process and improve your chances of getting an approval the second time around.
When most people in Illinois think of workers’ compensation benefits, they usually imagine some kind of work accident that resulted in an employee becoming injured. However, as a workers comp lawyer Wheaton, IL clients recommend can explain, there are also health conditions and illnesses that can develop over time due to an employee’s job duties. In these situations, the employee usually qualifies for the same worker’s compensation benefits as a worker who suffered a fall or other type of job-related injury.
One of the most common of these conditions is carpal tunnel syndrome. Carpal tunnel develops in a person’s hand and wrist. It happens when the median nerve, which is one of the major nerves that run through the hand, becomes compressed or stretched, which damages the nerve. This type of injury is classified as a progressive injury, which means that it could become worse over time, and could eventually cause permanent nerve damage if the condition is not treated.
In most situations, the worker’s symptoms start out gradually and they may not even realize that anything is wrong at first. But over time, the condition become worse. Some of the signs of carpal tunnel syndrome include:
- Burning sensation
- Hand weakness
- Tingling (or pain) that travels from the forearm up to the shoulder
Carpal tunnel develops because the individual is repeating the same motion over and over again, day in and day out. This repetitive motion causes trauma to the nerve and the symptoms develop.
Any worker who has a job that requires repetitive motion runs the risk of developing carpal tunnel syndrome. Each Wheaton, IL workers comp lawyer from our firm has represented many clients with carpal tunnel syndrome, from all different types of occupations. Some of the common work duties that trigger carpal tunnel include:
- Assembly line work
- Cleaning and scrubbing
- Cutting hair
- Food preparation
- Typing or keying on a computer or other electronic device
Qualifying for Workers’ Comp
In Illinois, employees who develop carpal tunnel syndrome because of their job duties qualify for workers’ compensation benefits. The Illinois Workers’ Compensation Commission considers the condition a valid injury which leaves a worker unable to work or work with doctor-imposed restrictions.
Since the condition affects each person differently, there is no way to predict how long a person with carpal tunnel may be unable to perform their job duties. In milder cases, the person may be able to go back to their job after a couple of months of physical therapy. In other cases, the person may need surgery and still will not be able to go back to their occupation. In these situations, the worker may qualify for permanent benefits because the damage to their nerves is permanent.
4 Questions To Ask Your Workers Comp Lawyer
If you have experienced an injury at work, you deserve legal representation that best suits you and your circumstances. You can determine if a workers comp lawyer in Wheaton, IL is the right fit for you by engaging with them openly and honestly. Here are a few questions that you can ask during your first meeting at Therman Law Offices, LTD.
Have You Worked a Case Similar to Mine?
There are as many unique workers’ compensation cases as there are people and places to work. You can gauge a lawyer’s ability to represent your interests by asking about previous experience handling cases similar to your own. While individual circumstances are likely to differ, many workers’ compensation cases share some like characteristics. Many lawyers will be able to provide relevant examples of other cases they have handled in the past.
Will You Personally Handle My Case?
Transparency is important during legal proceedings. That is why it benefits you to know exactly who will be handling your case. In some law offices, you may meet with an attorney who would file your claim before entrusting the case to another lawyer. You are entitled to ask to meet with the exact attorney that will be advocating for you.
What Is the Cost for Your Service?
To further promote transparency between yourself and your workers comp lawyer in Wheaton, IL, do not be afraid to ask about costs. Considering your budget is an important factor in determining if an attorney is the right one for your case. Having more information at your disposal can help ease uncertainty or anxiety as your case progresses.
Will My Case Go to a Hearing?
Asking this question during your first meeting with a workers comp lawyer in Wheaton, IL may not yield an immediate answer. However, opening this line of dialogue is important for facilitating open communication with your attorney going forward. As a lawyer proceeds with a case, it will become more apparent if a settlement will be reached or if a hearing has become necessary. You can reach out to your legal team at any time to request updates on the status of your case.
When you approach the legal team at Therman Law Offices, LTD with your questions and concerns, you will be working towards building trust with the individuals handling your workers’ compensation case. Having your doubts cleared up early on can develop your confidence as legal proceedings continue.
When You Should Hire a Workers Compensation Lawyer
Serious Misconduct Caused Your Injury
If you are injured in a work-related accident, your claim is subject to workers compensation only. You are not allowed to sue outside of the workers comp system in these cases. However, if you are injured due to negligence or misconduct by your employer or a third party, you do have an option to pursue a civil lawsuit. In these cases, you should seek the help of a workers comp lawyer in Wheaton, IL, such as a lawyer found at the Therman Law Offices, LTD.
You Experience Retaliation at Work
You have a legal right to go back into your workplace at the same wage, position and responsibilities as you left with before you were injured. Therefore, if you are back at work and find that your employer has demoted you, reduced your wages or cut your hours, you need to contact a workers comp lawyer in Wheaton, IL. These actions are forms of discrimination, and they are not legal. Just because you filed a workers compensation claim, does not mean that you lose your rights.
You Are Offered a Settlement
The instant you are offered a settlement, you should contact a workers comp lawyer. These professionals can go over your settlement with you to ensure that it will pay for all your medical bills and lost wages. They will also determine if it is fair based on other judgments. Most judges will approve any settlement that they deem is not grossly unfair, but you should seek the best settlement possible. The best way to do that is to work with an attorney.
Your Ability To Work Is Severely Disrupted
If your injury is significant and has prevented you from returning to work, you will need additional compensation to make up for lost wages. A workers comp lawyer in Wheaton, IL can guide you if you are not able to return to your original type of work, cannot work at all or have limits to the work you can do. These professionals, like those at the Therman Law Offices, LTD, can fight for you to receive weekly or lump-sum payments from insurance companies that are focused on saving themselves money by not paying you what you deserve.
Your Claim is Denied
As unbelievable as it sounds, your employer can deny your workers compensation claim. Even if you have witnesses, your claim can be rejected. Therefore, if you receive a rejection, you should immediately contact a workers comp attorney. These legal professionals will gather evidence and prove your case so that you receive the benefits you need.
Notable Workers’ Compensation Cases
When it comes to handling workers’ compensation cases in Wheaton, Illinois, experienced legal representation is crucial to ensure fair and just outcomes for injured workers. Understanding the complexities of the law and precedent-setting cases can significantly impact the success of a claim. In this regard, three important cases stand out: O’Neil v. Industrial Commission of Illinois, Martin v. Workers’ Compensation Commission, and Blasingame v. Industrial Commission of Illinois. These cases have shaped workers’ compensation law in the state and provide essential guidance for Wheaton workers’ comp lawyers.
O’Neil v. Industrial Commission of Illinois was a pivotal case that highlighted the significance of causation in workers’ compensation claims. In this case, the plaintiff suffered a severe injury while operating heavy machinery at his workplace. The employer attempted to argue that the injury resulted from the employee’s negligence rather than a workplace accident. The court, however, ruled in favor of the injured worker, emphasizing that the primary factor in determining workers’ compensation eligibility is whether the injury arose out of and in the course of employment. This ruling serves as a strong precedent for Wheaton, IL workers’ comp lawyers in establishing the causal connection between a work-related accident and the resulting injuries.
Another crucial case in the realm of workers’ compensation is Martin v. Workers’ Compensation Commission. This case revolved around the issue of pre-existing conditions and their impact on compensation claims. The plaintiff in this case had a pre-existing back injury that was exacerbated by a workplace accident. The employer contended that they should only be responsible for the aggravation of the pre-existing condition rather than the entire injury. However, the court ruled in favor of the injured worker, stating that employers are liable for the entire injury that occurs in the course of employment, even if it worsens a pre-existing condition. This ruling underscores the importance for Wheaton workers’ comp lawyers to thoroughly investigate their clients’ medical histories to accurately assess their entitlement to compensation.
Blasingame v. Industrial Commission of Illinois is a landmark case that addressed the issue of disability benefits for workers unable to return to their previous job due to their injuries. In this case, the plaintiff sustained severe injuries that left him unable to perform his former job duties. The employer argued that they should only provide benefits based on the wage difference between the plaintiff’s previous job and a lower-paying alternative job. However, the court ruled in favor of the injured worker, asserting that disability benefits should be based on the plaintiff’s inability to engage in any suitable employment, not just the wage differential. This ruling serves as a critical guideline for Wheaton, IL workers’ comp lawyers in advocating for fair compensation for clients facing permanent disabilities.
The cases of O’Neil v. Industrial Commission of Illinois, Martin v. Workers’ Compensation Commission, and Blasingame v. Industrial Commission of Illinois have significantly influenced workers’ compensation law in Wheaton, Illinois. They emphasize the importance of establishing causation, considering pre-existing conditions, and advocating for fair disability benefits. As experienced Wheaton workers’ comp lawyers navigate these cases, they can better represent their clients’ interests and secure just outcomes for injured workers seeking compensation.
Illinois Workers Comp Law Firm
If you are suffering from carpal tunnel or other repetitive motion condition that has been a result of your job, contact Therman Law Offices, LTD to schedule a free consultation with a workers comp lawyer Wheaton, IL. We’ll help get you the benefits you deserve.