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Category Archives for "Workers Comp"

What Does A Workers Comp Lawyer Cost? Who Pays The Lawyer?

What Does A Workers Comp Lawyer Cost? Who Pays The Lawyer?

Hurt at Work, Now What?

If you have gotten hurt at work, one of the first things on your mind may be, do I hire a lawyer?

Then, if you hire a lawyer, how much is it going to cost you and WHO exactly is going to PAY them?

Here’s what you do– CALL A LAWYER for a FREE CONSULTATION. Virtually every injury lawyer gives a free consultation. Talk to a lawyer, tell them what’s going on, and they can give you some idea of what needs to be done just with a FREE phone call.

Or you can even come into the office and talk to them for free, so that’s good.

Paying Your Lawyer

Now that you have decided to hire a lawyer, how do you pay them?

Well, in worker’s comp cases, the lawyer fee in Illinois is set by law at 20%. If a lawyer ever tries to charge more, unless there are severe extenuating circumstances, they’re in violation of the law.

Exceptions to the rule. Two exceptions of this 20% law involve cash offers and court petitions.

Here are some examples of how these exceptions may play out:

Exception 1: If you had a CASH OFFER to SETTLE your case, and then you hire a lawyer and he beats that original offer, he can take a higher percentage on the amount he beats it by.

For example, Let’s say somebody offers you $5000 for your workers’ comp case. Then, you hire a lawyer and the lawyer gets $7000. The lawyer can take more than 20% on the difference between $5000 and $7000, because more than likely he did a ton of work to get that increase.

Exception 2: They say that HARD WORK PAYS OFF and this exception involves just that.

If an attorney really goes above and beyond, tries the case, all that stuff, he can petition the Illinois Workers’ Compensation Commission and ask for more attorneys’ fees.

In 20 years of representing injured people, I’ve never done that. If you sign a contract with me that says 20%, or some other percent for an amount above the offer amount, I HONOR THAT. I don’t go back and ask for more money even though I know some lawyers that do.

Where Does the Money Come From?

Here’s the beauty of it, NONE of these fees and commissions come out of your pocket!

Ultimately, the insurance company is paying the lawyer a percentage of what the lawyer wins for you. IF THEY DON’T WIN, THEY DON’T GET PAID. It’s that simple!

Very little risk for you if the case is lost but a lot to gain if you are well represented and win!

Let’s talk about how to improve your chances of getting everything you’re entitled to under the Workers’ Comp Act.

Get Your FREE Injury "Cheat Sheet"

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

Testimonials

"Hiring Scott was one of the best moves I have made in my life.   Scott is a down to earth person and attorney.  Scott is a 5 star first class act who really knows his stuff.   The Judge said his presentation was one of if not the best he had ever seen.   Take my advice, hire Scott. I’m sure you’ll be 200% satisfied.  I was."

Richard Lange

Cab Driver, Fall Down                  

See More >

Want The Injury "Cheat Sheet"?

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

How Do I Start and File a Worker’s Comp Case?

How Do I Start and File a Worker’s Comp Case?

Taking the First Steps

So you’ve gotten hurt at work and made the decision to file a worker’s comp case.

AWESOME! But what now?

Some of the most frequently asked questions by people who have gotten to this point are, How do I start a worker’s comp case? How do I file it? Where do I even begin?

Relax. Continue reading to find out exactly what you need to do.

The Internet Is Your Friend

The first thing that you need to do is to go online and visit the Illinois Worker’s Compensation Commission website. Just open up a browser on your computer and type it right in.

Next, once you have entered the website, click the FORMS button, and then look to find the link for CASE MANAGEMENT FORMSClick that link.

Once you are there, your are looking for FORM IC01: Application for Adjustment Claim. Click that link and TADA! You’ve found one of the most helpful resources to getting your claim started online!

Now, you can download this form in either Word or Adobe PDF versions. This is completely up to you.

Your next option is to either fill it out on screen or print it and fill it out. Do what you feel the most comfortable with. But, if you don’t think you can write very, very legibly, you might want to stick to filling it out on the computer.

Helpful Hints

To make things even easier, they’ve included a set of guidelines for individuals filing WITHOUT AN ATTORNEY. Not only will it tell you EXACTLY what you need to do to start a case but also how to request a trial and all that important stuff.

Once you have filled in your forms, complete the Proof of Service to show that you have sent or delivered a NOTARIZED copy of the application to your employer. The notary is swearing UNDER OATH that you have given your employer a copy of this.

I always ask people to do SIX COPIES of these– Three copies will go to IWCC, the defendant or the respondent gets a copy, and I recommend that you keep two copies for yourself.

Make it Official

After you have filled out all the required paperwork, take your copies to the courthouse to file your claim.

They’ll make some copies, put them on file and now you’ve gotten an OFFICIAL file number. This number will help you look up your case if you ever need to ask questions about it.

There are five locations in Illinois to file your application: Chicago (by far the busiest office), Collinsville, Peoria, Rockford, and Springfield. CALL FIRST to make sure they are open before you head down there.

I hope this information was helpful for you and as always, please feel free to give me a holler if you have any questions. Now go get your claim started!

Get Your FREE Injury "Cheat Sheet"

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

Testimonials

"Hiring Scott was one of the best moves I have made in my life.   Scott is a down to earth person and attorney.  Scott is a 5 star first class act who really knows his stuff.   The Judge said his presentation was one of if not the best he had ever seen.   Take my advice, hire Scott. I’m sure you’ll be 200% satisfied.  I was."

Richard Lange

Cab Driver, Fall Down                  See More >

Want The Injury "Cheat Sheet"?

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

Paralyzed Injured Worker Awarded $48 Million

Paralyzed Injured Worker Awarded $48 Million

A Lake County jury awarded $48 million in damages in the personal injury case of an injured steelworker. The steel workers were rendered a paraplegic (paralyzed from the neck down) after a fall from a ladder at ISG Burns Harbor (now ArcelorMittal) in November 2004.

When an injured person suffers such severe personal injuries as paralysis, no one can ever begrudge the damages in his personal injury cases. $48 million will be needed to provide the home care for him for the rest of his life. And we cannot forget what he has lost–the ability to walk, to dance, to run, and to live a normal life. He will never be able to take care of himself.

Thank goodness the jury saw fit to help this injured workers in this personal injury case. Congratulations to him and his personal injury lawyers.

Get Your FREE Injury "Cheat Sheet"

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

Testimonials

"Hiring Scott was one of the best moves I have made in my life.   Scott is a down to earth person and attorney.  Scott is a 5 star first class act who really knows his stuff.   The Judge said his presentation was one of if not the best he had ever seen.   Take my advice, hire Scott. I’m sure you’ll be 200% satisfied.  I was."

Richard Lange

Cab Driver, Fall Down                  

See More >

Want The Injury "Cheat Sheet"?

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

When Do You Need A Work Related Injury Attorney?

When Do You Need a Work Related Injury Attorney?

Getting injured at work can be devastating for you and your family.

The emotional costs of these injuries can be hard enough to deal with. When you consider the potential financial costs, it can be extremely overwhelming. 

In these cases, a work related injury attorney may be able to help you get the compensation that you deserve to help your family overcome this hardship. 

Filing for worker’s compensation can result in a lot of negative pushback from employers and other employees. They could be upset that you are attempting to rock the boat. 

Employers are not always looking out for your best interests. So, you need to have somebody on your side if your compensation request goes awry. 

Here are some ways you can determine whether or not you need a work related injury attorney.

The Nature of the Injury

What were the circumstances that lead to your injury? This is an essential question asked in all personal injury cases. 

If your injury happened at your workplace, you may think you have a substantial claim. But you must be able to prove that your injury was a direct result of your employer’s negligence. 

For example, let’s say you became injured after falling in your company’s warehouse. In this case, you have to be able to prove that your injury was because your employer did or didn’t do something. 

Many cases have been won or lost based on this question. If you are in a public place and you slip and injure yourself because of standing water, you have a valid claim for compensation. 

But if there was a “caution” sign next to that standing water, then whoever owns that public place is not technically liable for your injury. 

That’s why you will see many disclaimers post all around work environments that some would consider dangerous. This is a huge part of what makes some compensation cases so complicated. 

Cases where the injury happened at an offsite location can be even trickier. Even if you are at a specific location for the purposes of your job and you get injured, you may not have a substantial case. However, there are instances where these cases were successful. 

Either way, the “how” is the most important part of building your compensation case. This is because the answer to that question will define who is to blame for your hardship. 

The Severity of the Injury

How serious is your injury?

This qiestion directly correlates with whether or not you need to employ a work related injury attorney. If your injury only requires a brief hospital visit or a simple outpatient procedure, it may not be in your financial interest to hire an attorney. 

But if your injury is more serious, there will be more costs associated with it. Additionally, you’ll be entitled to much more money.

For example, if you are severely disabled in some way because of employer negligence, there will be a lot to endure. These things can include surgery, lengthy hospital stays, and physical rehabilitation. 

These injuries can change a person’s life. They will need compensation to ensure that their affairs are being taken care of when they can’t control them. 

A work related injury attorney is often hired in cases where an employee will have to miss work and will not be able to be paid a livable wage for the length of recovery.

In these cases, an employee may be entitled to compensation. This compensation can cover medical costs, lost wages, and emotional damages associated with the injury. 

But sometimes, employers will not want take your injuries seriously. They will pressure you into downplaying your injury so they don’t have to pay you as much. 

Whether or Not Your Employer is Cooperating

Severe, permanent injuries warrant a serious payout. 

This is a major reason to employ a work related injury attorney. The problem is that there are employers out there who will seek to give you as little money as possible for your injury — even if they were indirectly responsible for it. 

It’s shameful, but a lot of employers just want to save their money. This is true even if it means putting your financial and emotional situation in turmoil. 

Insurance companies are sometimes just as guilty. Often, a representative will attempt to question the circumstances and severity of your injury. They will try to pay out less money than you deserve. 

Their job is to question the validity of your claims. However, this undermines the plight of workers who actually need compensation to survive. These workers are regularly not taken seriously. 

In times like these, you need someone who will fight for you and speak up for you and your family. A lawyer can work as your spokesperson. 

An attorney can also negotiate a settlement for you. Settlement payouts can sometimes be in the millions. They can go a long way to ensure you and your family’s security. 

Sometimes, your injury at work is caused by a chronic hazard at your job, such as asbestos. In this case, a lawyer can contact other plaintiffs and help build a class action lawsuit against your company. This way, nobody else will be hurt by their negligence. 

Ready To Hire A Work Related Injury Attorney?

Remember, it’s crucial that you make the decision to contact an attorney before too much time has passed.

The longer you wait, the less that will be covered by your employer’s insurance. You will have to shoulder most of the cost out of pocket.  The time limit to file a worker’s compensation lawsuit varies per state. So, make sure you are aware of the restrictions. 

Hiring a work related injury attorney is the first step to justice. Your injury was not your fault. You shouldn’t have to bear the brunt of all of the expenses associated with your injury. 

Consider employing a work related injury attorney that has experiences dealing with cases like yours. 

Contact us for a free case evaluation and to get closer to receiving the emotional and financial support you need. 

Get Your FREE Injury "Cheat Sheet"

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

Testimonials

"Hiring Scott was one of the best moves I have made in my life.   Scott is a down to earth person and attorney.  Scott is a 5 star first class act who really knows his stuff.   The Judge said his presentation was one of if not the best he had ever seen.   Take my advice, hire Scott. I’m sure you’ll be 200% satisfied.  I was."

Richard Lange

Cab Driver, Fall Down                  

See More >

Want The Injury "Cheat Sheet"?

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

7 Smart Tips from Personal Injury Attorneys in Chicago

7 Smart Tips from Personal Injury Attorneys in Chicago

Injured man consulting an attorney about a lawsuit.

You’ve just been injured in a car accident. Left leg was broken. Index finger on your right hand crushed. Left thigh burned to the third degree.

You know you’re entitled to financial compensation due to the negligence of the other driver, but you’re not sure how to go about getting it.  

So where do you turn? The good news is that persoanl injury lawyers are available to help.

Let's take a look at 7 smart tips on how you can successfully naviagte your claim with the best personal injury attorneys Chicago has to offer.

1. File a Police Report ASAP

Remember, if it’s not documented, it didn’t happen, at least according to the courts. Unless you have what happened in writing, anyone can say anything during a personal injury case.

Be sure to include as much relevant information as possible, including the:

  • Full names of every person involved
  • Contact information for every person involved
  • Facts as you know them to be
  • Make and model of the other vehicle if in an auto accident
  • Location and time of the accident
  • Machinery, objects or anything else involved in the accident if not an auto accident

It’s a good idea to write down as much information as possible before filing the police report.

2. Collect Evidence

Every little piece of evidence you can gather for your case can have a significant impact and adds credibility. Your personal injury lawyer can help you with this.

When you’re searching for “personal injury attorneys Chicago,” you’ll want to read the testimonials. Once you’ve established that you’ve chosen a reputable lawyer, he or she can help you know what type of evidence is most important to your case.

Keep in mind that lawyers can get sued, too. So, you’ll want to make sure that the information you’re giving your attorney is accurate, complete, and provided to the best of your ability.

3. Speak Mindfully

During a personal injury court battle, less is more. Make it a point to only speak with your attorney in the privacy of his or her own office.

You’re entitled to your privacy, and the details are no one’s business but yours and whomever you choose to share them with.

Avoid speaking about your case to family, friends, and especially strangers. Though it may seem as if your words are safe when you’re chatting with the grocer, beware. Even the walls can have ears.

Remember that “anything you say can and will be used against you in a court of law.” Keep your confidential information confidential.

4. Take Responsibility For Your Emotions and Reactions

After you’ve sustained a personal injury, all sorts of emotions may come up: anger, grief, fear, sadness, resentment, betrayal. And these are all valid and completely understandable.

But don’t forget these are your emotions, and you can choose how to respond to the situation when they arise.

Pursuing a personal injury claim is about receiving what you’re due in compensation for the physical, financial, psychological and employment consequences you endured. This is not about revenge. It’s only about justice.

So, even though it may be tempting to shout at or curse the person who harmed you, keep your emotions in check. Speak respectfully to all parties involved in your case, resting in the knowledge that justice will be served.

5. Stand Your Ground with Your Insurance Company

It’s natural for your insurance company to offer you the lower financial compensation that you deserve during your first attempt to contact them. They’re trying to save money and will agree to the lowest you will allow. This is normal operating procedures for insurance companies.

While you do want to be reasonable, you don’t want to sacrifice what you’re entitled to. Their inability or unwillingness to see the extent of your personal injuries does not have to determine how much you settle for.

Contact them a third or fourth time if needed. It’s normal for there to be several offers and counter-offers before reaching an agreement.

Comprise where you can to show them that you know what you’re worth and you’re willing to be open and reasonable. But also know when not to budge. This is where a personal injury attorney can help tremendously.

6. Social Media Can Be Your Best Friend or Worst Enemy

Many of us enjoy our daily romp down the Twitter page or our hourly browsing of Facebook pictures.

Social media is connecting, entertaining, and just plain fun.

But it’s important to remember that all this can change during a personal injury claims battle. Every status you post, every picture you take, every comment you give — all of it can potentially be used against you and hurt your personal injury claim.

From that picture of you throwing a ball to your 2-year-old cousin to that status about the great time you had a party the night before, you can greatly affect the outcome of your settlement.

These pictures and statuses can be used to demonstrate that you’re not really that hurt, or that you haven’t really suffered that much.

A good rule of thumb is to take a break from social media altogether during the personal injury claim process. It may just be worth the withdrawals you go through.

7. Hire a Good Personal Injury Lawyer

This may be a given, but it bears repeating. A good personal injury attorney can fight the battles that would only give you additional headaches and stress.

You’ll want to either fully research “personal injury attorneys Chicago” or get a very good recommendation from a trusted source.

The nice thing about having a lawyer is that they often fight these types of battles for you to get you the greatest financial compensation possible.

The next time you’re searching for “personal injury attorneys Chicago,” remember these seven tips.

The Best Personal Injury Attorneys Chicago Can Provide

You don’t want to cheat anyone. You just want to receive what you’re entitled to.

When you’re looking for personal injury attorneys, look no further than DeSalvo Law.

We’ll work with you to make sure you receive what you’re due, and we’ll be there for every step of the journey.

Contact us for more information and let us lead the way!

Get Your FREE Injury "Cheat Sheet"

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

Testimonials

"Hiring Scott was one of the best moves I have made in my life.   Scott is a down to earth person and attorney.  Scott is a 5 star first class act who really knows his stuff.   The Judge said his presentation was one of if not the best he had ever seen.   Take my advice, hire Scott. I’m sure you’ll be 200% satisfied.  I was."

Richard Lange

Cab Driver, Fall Down                  See More >

Want The Injury "Cheat Sheet"?

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

Can You Sue If You Slip and Fall at Work?

Can You Sue If You Slip and Fall at Work?

Taking the wrong turn and falling down happens sometimes. But what if it occurs at work?

This leaves you injured, unable to work, and out of money. What do you do if you experience a slip and fall at work?

Although worker’s compensation kicks in for many folks, what if it doesn’t? Or what if you believe the accident was the fault of your employer, and shouldn’t have occurred to begin with?

Here’s everything to know about when you can sue if you are the victim of an accident at work that involves slipping and falling.

Prove That Someone Else is Liable for the Accident

When dealing with a slip and fall at work, it’s important to understand that for you to sue your employer, you need to show they were liable for the accident.

Proving fault isn’t simple as an accident occurs. You must make the claim that the employer either ignored or didn’t take action quickly enough to correct a problem.

An ideal example of this is a huge puddle of water that was left standing. You come into work and don’t see the puddle, causing you to slip and fall.

If your employer wasn’t in the act of getting a mop or attempting to clean up the mess or even show there was a mess present (such as with signs) this presents a problem. Another example would be the workplace not training new employees in proper safety measures.

These are examples showing that there is a lack of concern and you are not the one at fault. Make sure you’re aware of what workplace conditions are present, so you have an accurate picture of what you’re dealing with.

Show That Conditions Existed Causing You to Slip and Fall at Work

When proving an accident at work, it’s important to understand the difference between the employer not doing their job and cleaning up, and being careless and not paying attention. When suing someone, the burden of proof remains on you to show that you weren’t at fault for what occurred.

If you don’t look where you’re going, ignore signs that are clearly up around a wet or damaged area noting it is dangerous, or simply didn’t see someone who was working on the area, this creates an issue. It’s important to show that none of these things were present when your accident happened.

When understanding slip and fall injuries at work, here are certain factors that contribute to them:

  • Ice
  • Lubricants on the floor or ground
  • Water
  • Wires, cables, or other cord-like items across the floor that lead to tripping

Keep in mind other factors such as if you:

  • Have a disability, and use a cane, crutches, or another type of walking aid
  • If you were carrying several items at once and weren’t able to see what caused your accident
  • There were signs up that you missed
  • You were in an area that transitioned from one surface to another (carpet to floor)

Being aware of your surroundings and what caused you to have a problem is crucial to your case. You’ll need to give your lawyer complete information when you file a slip and fall at work suit against your company.

Show The Accident Wasn’t Created by You

Certain accidents, especially those caused by you, cannot be used when suing for slip and fall. This is because you are the one responsible for what caused the accident.

Let’s you start mopping and get called away to do something else without putting up signs alerting others to a wet floor, and you come back and slip. The fault becomes yours since you were responsible for addressing what caused the slip to begin with.

Proving fault in a slip and fall lawsuit is difficult for some folks. This is true for those that played a role in creating the conditions that lead to the accident.

Some examples of problems that weren’t created by you are:

  • Long-time hazards that the company knew about but did not fix
  • No signage up that would make employees aware of the problem
  • The problem was created by someone other than the employee
  • The problem occurred before the employee arrived to work

You’ll also need to show that there was no reasonable understanding of the problem or condition. For example, someone who saw signs up about slippery surfaces would infer not to walk quickly in that area.

When pursuing a slip and fall at work, documentation is one of the most important things. This helps your attorney build a strong case, and show how the manager or owner left the area in a state of neglect.

Make a note of:

  • Where the accident occurred
  • How long it had been in this condition
  • What happened to you
  • Any diagnoses from a doctor you saw related to this accident
  • Any witnesses who will come forward with the accident

The more you can prove you weren’t at fault for what occurred, you’re likely to win a slip and fall case against the company and your employer.

Let Us Help You

Taking your employer to court over a slip and fall at work is intimidating. You don’t want to lose your job, but you aren’t comfortable or safe with a company that permits bad conditions.

Contact us, and see how we help build your case. Together, we help you work toward a solution that involves safety and gives offers financial help for the pain and suffering endured.

We will help you find a solution to your problems and ensure no one else’s safety gets put in jeopardy by the company. Get started and reach out to our offices today.

Get Your FREE Injury "Cheat Sheet"

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

Testimonials

"Hiring Scott was one of the best moves I have made in my life.   Scott is a down to earth person and attorney.  Scott is a 5 star first class act who really knows his stuff.   The Judge said his presentation was one of if not the best he had ever seen.   Take my advice, hire Scott. I’m sure you’ll be 200% satisfied.  I was."

Richard Lange

Cab Driver, Fall Down                  See More >

Want The Injury "Cheat Sheet"?

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

What a Workmans Comp Attorney Can Do For You

What a Workmans Comp Attorney Can Do For You

A recent report indicated that fatal injuries in the U.S workplace in 2016 increased by 7 percent. According to the report, the transportation industry claims more workers than any other event, such as fire, falls and exposure to chemicals.

If you or your loved one is injured at work, you may be eligible for compensation for your injuries and other losses. Before you pursue compensation, you need to determine whether you need a workman’s comp attorney.

Proving a workplace injury does not involve examining negligence alone. There are other several things that can prolong your case when overlooked, such as proving your injury is work-related. Some workplace injuries occur because you were ill or your own negligence.

It’s true that in some situations, you may not need a lawyer to handle your workers comp case at all. But even if your injuries are minor, you should take advantage of a free consultation with a workers compensation lawyer.

Although lawyers cannot offer legal advice during a free consultation, a Chicago workers comp lawyer can take a look at your case and review the settlement offer you received.

If it’s determined that you deserved a better settlement or a benefit has been overlooked or unpaid, you probably need a lawyer to handle your case. Read on to learn how a lawyer can help you.

Reviews Your Claim

Some work injury claims can be pretty complicated, especially when determining who was at fault. For example, it’s important to establish whether your role at your workplace permitted to be at the scene or area of the accident.

Some injuries may also not be eligible for compensation. This is why you need a lawyer to review your claim and determine whether you have a case.

A good injury law firm will tell you straight up if you have a case and give you the odds of getting a satisfactory compensation. Typically, you don’t need to pursue a claim when you were at fault, or the injuries are reasonable.

Develops the Evidence

Well, you have a case, but do you have adequate evidence to back your claim? The majority of unsuccessful workers’ comp claims usually occur due to insufficient medical and vocational evidence. Some of this evidence, such as medical records, may take months to be given to you.

With a workman’s comp attorney, it will be easier for you to obtain medical records, get therapeutic options from physicians and conduct depositions. In some cases, you may even get recommendations for certain medical experts.

Your medical records should reflect the true extent of the injuries. Usually, your doctor will highlight every injury you sustained and how each impacted your ability to lead a healthy life. 

For example, some injuries can lead to a permanent disability, such as blindness and inability to walk.

There are also other kinds of evidence your lawyer can help you collect, including statements from workmates, friends and family members, proof of unsafe workplace and inadequate training.

Files Your Claim and Lawsuit

The process of filing a workers compensation claim is usually not an easy one. There are paperwork, deadlines and the accuracy of your details. You need to ensure everything is correct and filed properly if you want to secure your settlement.

Working with a workman’s comp attorney can giving you peace of mind. They can tackle the technical parts of the process by ensuring the relevant documents are completed accurately and filed. Keep in mind that different states have varying processes and deadlines for filing.

In some cases, your employer and the insurance company will speed up to settle the compensation after filing a claim. In some cases, the reward may not suffice your losses. A good attorney will advise whether to keep pursuing the claim or file a civil lawsuit.

Structures Your Compensation Agreements

Most victims usually don’t know the value of their claims after a work incident. Some are likely to accept whatever amount their employer will offer to them as compensation. Keep in mind that some injuries can cause internal conditions, which may take weeks or even months to appear.

Your lawyer usually considers several factors when estimating the value of your claim. These include:

  • the extent or severity of your injuries
  • the resulting functional and physical limitations
  • the state of your disability: partial or total
  • your income loss
  • the total medical costs for the injuries and your resulting limitations

Workers’ comp lawyers understand the tricks that insurance companies use to negotiate the settlement amounts. As such, they’re likely to determine and negotiate the right amount for your claim. Your attorney will also ensure a proper structure for your settlement agreement.

This is particularly essential if you’re applying or receiving Social Security disability benefits. A poorly structured agreement can result in unexpected costs every month due to the workers’ compensation offset.

Represent You In Court

In the US, about 95 to 96 percent of injury claims are usually settled pretrial. That leaves about 4 to 5 percent that usually proceeds to court. If yours is one of them, then it’s best to have a workman’s comp attorney by your side. 

Court hearings and proceedings are another web of intricate processes that most people don’t grasp. If you don’t have a lawyer, you’ll pin your hopes on a workers’ comp judge to deliver a reasonable verdict. But that’s usually not the case all the time.

Plus, it can be daunting to appeal a court’s verdict after the case had been closed. You can avoid such setbacks by working with an attorney from the onset of your claim.

Your lawyer will prepare motions and pleadings, get witnesses and acquire all the medical records to build a strong case in court. They will present the theory of your case, offer objections, make arguments and examine all the witnesses.

If you’re unsatisfied with the court’s verdict, your lawyer can help you appeal the judge’s decision.

Maximizing Your Compensation

Consider this: the insurance company has doctors and lawyers working hard with its best interests in mind. They aren’t trying to offer you more for your injuries. In fact, their job is to save the insurance company money.

This means you could receive less than you truly deserve or even nothing at all. That’s not fair and you’ve already suffered enough. Chicago workers comp lawyers understand this. Our qualified lawyers can help you maximize your recovery amount.

Receive Compensation Faster

Chicago workers comp lawyers know how to work the system to get the best results for you. Many times, when people try to handle their claims without an attorney, they experience long delays waiting for compensation.

The truth is, claimants without attorney representation are often pushed aside and those who have an attorney are given preference. The insurance company knows a workers comp lawyer will take them to court over delays in benefits.

This costs the insurance company even more money, so they handle these cases faster than those without attorney representation. This is another reason why having a workers comp lawyer on your side is a plus.

Three Things You Should Know About Workers Comp in Illinois

Now, I am going to share the three things I wish people knew about Workers Comp in Illinois. It is important because if you do these things, you’ll have a stronger case. If you don’t do them, then you can lose your case.

First, there are two deadlines in Workers Comp. If you miss a deadline, then your case could be over. The first deadline is the 45-day rule. You have to report the accident, incident, or injury at work within 45 days within the date of injury.  

Sometimes, people get hurt at work and they hide it. But if you do get hurt at work, you have to report it and you have 45 days to do so. The second deadline is three years from the date of the injury.

That is how much time you have to file an actual application at the Workers Compensation Commission. Blow this date and you have no case. The second thing I wish people knew about Workers Comp is that the right doctor makes all the difference.

If you get hurt, get to a doctor right away and make sure that your doctor is on your side. Many people go to the company doctor, which the company sends them too. Sometimes it works out okay, but often, the company doctor is on the side of the company.  

They can be harsh and skeptical if the company wants them to be. Since your doctor controls whether you can return to work and what medical treatment you will get approved for, making sure you have a doctor who is on your side and who is reasonable and fair is super important.

If your doctor is rude or aggressive, get another one. Finally, the last thing I want to tell you is that the more permanent the injury and the more money per hour you make, the more money your case is worth.

In other words, a guy who makes $20 an hour gets almost twice as much for the same injury as the guy who makes $10 an hour. Is that fair? No, not really. But it works that way because of how the Workers Comp Act calculates the value of the case.

When You Need a Chicago Workers Comp Lawyer

A workers comp lawyer can determine if you have been treated and compensated fairly. If you have a valid case, a lawyer can guide you through the legal process and help you receive just compensation for your injuries.

Workers comp lawyers often represent people who sustain the following injuries on the job:

  • Falling from heights
  • Equipment injuries
  • Lifting injuries
  • Repetitive strains
  • Automobile injuries

These are not the only injuries workers comp lawyers deal with, but these are the most common.

If you are suffering from an injury, cannot work due to your injury, or are being mistreated by your employer after an injury, it’s in your best interest to seek help from an experienced Chicago workers comp lawyer.

If your loved one or family member was killed on the job, you should consult with a workers comp lawyer to determine if you have a viable lawsuit.

Costs for Hiring a Workers Comp Lawyer

Most workers comp lawyers charge on a contingency basis. This means you pay nothing upfront and they only get paid if they win your case. If you win, your lawyer will take a percentage of your compensation.

These percentage rates can vary widely, depending on the attorney involved and the complexity of your case. You want to be certain you know what your lawyer will charge and if any other fees will be involved.

What to Expect from a Workers Comp Lawyer

Your Chicago workers comp lawyer will work diligently to prove your injury was a result of workplace negligence. You could receive an out of court settlement or win your settlement in court.

Often, businesses will make an offer of compensation to keep the case out of court. This is often cheaper for them than a costly court case would be.

If you win, you will receive compensation for medical expenses, lost wages and pain and suffering you have endured as a result of your injuries.

If you are a family member of a victim who has died as a result of workplace negligence, you could receive compensation in their place. Even if you have a lawyer to represent you, there’s no guarantee of winning.

However, your best bet is to have an experienced workers comp lawyer.

Hire an Experience Workers Comp Lawyer

Sustaining injuries while on the job can be a rather traumatic experience, depending on the severity of your condition. When this happens, don’t let anyone deny you what you’re owed in a workers’ compensation claim.

Judges will approve your claim, but you can’t rely on them to protect your interests. If you have been injured at work, it can be very stressful for you and your family. You may be wondering what steps to take.

You may have many questions and you may not be sure if you need a lawyer. We would be happy to answer any questions you may have.

We can evaluate your case and let you know if we think you are receiving fair compensation for your injuries. Our clients are very important to us. If you still have some questions, give me a call at 888-HURT-318.

I offer a free consultation in person or by telephone, your choice. I can answer all of your questions with no obligation. If you aren’t ready for that, I’d be happy to send you a copy of my injury DVD video, which answers the most common questions injured people have.

It can be delivered electronically to you at your e-mail address, or if you would like a hard copy/physical copy, I will mail that to you for free. Providing good information to injured people is the mission of my law office. If I can be of further assistance, please don’t hesitate to call.

Get Your FREE Injury "Cheat Sheet"

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  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

Testimonials

"Hiring Scott was one of the best moves I have made in my life.   Scott is a down to earth person and attorney.  Scott is a 5 star first class act who really knows his stuff.   The Judge said his presentation was one of if not the best he had ever seen.   Take my advice, hire Scott. I’m sure you’ll be 200% satisfied.  I was."

Richard Lange

Cab Driver, Fall Down                  See More >

Want The Injury "Cheat Sheet"?

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
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Job Site Safety Tips from a Top Construction Accident Lawyer

Job Site Safety Tips from a Top Construction Accident Lawyer

On a construction site, there are many worst-case scenarios that can play out. It’s a scary thought for any site owner and construction firm to think about.

These instances can turn into multi-million-dollar lawsuits that can bankrupt your construction business. This alone is more than enough reason to hire a construction accident lawyer to draft your contracts.

There has to be clauses that indicate the risks of a project and the accountability of all parties involved. For instance, who’s responsible for paying the costs of injuries and property damage in the event of an accident?

This is also why your construction firm should have proper liability insurance and worker’s compensation coverage. But what’s even more important is having safety guidelines in place that your employees follow.

Tragically, thousands of workers are injured and hundreds are killed on construction sites in the U.S. each year. As Chicago personal injurylawyers, we’re aware of the crucial importance of workplace safety.

In the following guide, we’ll cover the top tips you can use to keep your construction site safe.

Give Safety Training to All of Your Workers

Before a new employee sets foot on any of your construction sites, they should receive safety training. The training should go over workplace safety standards and common hazards on different job sites.

Training should include proper lifting techniques to avoid back injuries. Then, there should be safety policies employees have to read before the start of a new site. Make sure no employees operate equipment they’re not trained or qualified to use.

In the event of an accident, your workers should know the procedure to use and the name and location of first aid responders to contact. Remember: safety training isn’t a one-time thing. It’s an ongoing effort to ensure all workers know and remember all of the policies and procedures.

The last thing you want to have to do is hire a construction accident lawyer for a pending lawsuit.

Have Crew Safety Meetings Frequently

The frequency of these safety meetings will depend on your particular construction firm. For instance, some companies need to have these meetings daily when there’s high-risk work being performed.

In this case, remind your workers to stay focused and address relevant issues. It’s more motivating when the details given are real-life and job-specific.

Make Workers Wear Protective Clothes and Gear

Your top priority as a construction business owner is to ensure the protection of your employees. The best way to do this is to have them consistently wear protective clothing and gear.

This includes high-visibility clothing, hard hats, steel-toed boots and shirts that protect against UV rays. Wearing a yellow hardhat is not a fashion statement, but it could save your life.

Without that hard hat and steel toe cap boots, you’re putting yourself at great risk on a construction site. Anyone not wearing the recommended protective wear shouldn’t be allowed on the construction site.

This way, you can avoid potential injuries, lawsuits and the need to hire a construction accident lawyer.

Maintain Clean Workspaces

While constructing a new building, it’s essential to have a cleanup crew. This will ensure walkways are free of debris, spills and tools, so no one slips and falls. It’s also a good idea to teach your employees good cleaning habits.

Have them maintain a clean space at all times.

Regularly Inspect Tools and Equipment

Malfunctioning equipment can present a grave hazard to employees and anyone else on or near the construction site. It’s best to inspect your tools and equipment on a regular basis. Accidents can occur, such as employees being pinned by heavy malfunctioning equipment.

Then, there are cases where workers end up losing fingers, toes and limbs because of faulty tools. In worst case scenarios, some companies end up with a wrongful death lawsuit they have to hire a construction accident lawyer for.

Prevent workers from using any gear containing broken parts or improper functions.

Implement Fall Protection Systems

One of the leading causes of fatalities on construction sites is due to falls. In order to protect your employees from fatal injuries, it’s best to install fall protection systems. For example, you can install guardrails, screens, canopy structures, toe boards and nets.

Also, scaffolding is useful for preventing falls. Just ensure it’s properly installed so that it holds the intended weight load. It’s important to inspect scaffolds regularly as well.

Make sure the scaffolds have been inspected by a competent person and never work on one that does not have a strong platform or base. Check any ladder thoroughly before using it and if any part of it is wobbly, don’t use it.

Run Risk Assessments Per Job Site

Each construction site is different and comes with its own separate hazards. The safety tips you provided to workers for the last construction site may not work for the new site.

Risk assessments will help you identify unusual hazards, so you can warn your employees beforehand. Then in your crew meeting, ensure your workers get all the important information, education and training to handle the job safely.

Management should have prepared a safety plan to deal with on-site emergencies. Workers should have some basic first aid knowledge to deal with injuries that occur.

Use All Equipment for its Intended Purpose

It’s not uncommon for construction workers to use equipment and tools in tasks they’re not prescribed for. Make sure all of your workers know how to operate all gear based on the instructions of the manufacturer.

Misusing tools and equipment will increase the chances of someone getting injured. Also, the equipment should meet the standards of OSHA.

Follow the Guidelines OSHA Sets

OSHA guidelines are very important for keeping construction sites safe. Make sure each of your workers are well-acquainted with the rules and procedures. Then if there are any dangerous working conditions, workers should know how to report it to OSHA.

Record and report all violations and incidents.

Hazardous Materials

Label and store any hazardous materials in proper containers and secure them in a safe location. Make sure there is an MSDS (material safety data sheet) for all potentially hazardous chemicals and materials.

Surroundings

Many construction site accidents happen when people are not aware of their surroundings. Stay alert and pay careful attention to any loose materials that might topple or fall on you.

Tools and Electricity

When using power tools, make sure that power cables are protected, the metal casing is grounded and the power supply has an earth leakage circuit breaker.

Heavy Equipment and Vehicles

Each year, about ten people die when hit by heavy vehicles at construction sites. Often the drivers cannot see you fully, so stay clear while they’re in motion.

Reduce Nighttime Work

There will be days when work has to extend into the night. However, you want to reduce this as much as possible. Having employees work too long will potentially lead to injuries due to workers cutting corners to get the job done faster.

Plus, you have to worry about employees becoming fatigued and injuring themselves or others. Lighting should be sufficient to ensure visibility isn’t an issue. Also, it’s better to limit nighttime work to a low-risk area.

Hire a Construction Accident Lawyer

When the push comes to shove and you end up facing a personal injury or worker’s compensation lawsuit, you need proper representation.

We fight on the side of construction businesses and construction workers. If you were recently injured and you’re denied workers compensation, we can help.

If you’re injured at a construction site despite your efforts to avoid it, we urge you to email or call us at 888-HURT-318 (888-487-8318).

At the Law Firm of Scott D. DeSalvo, we are Chicago personal injury lawyers and we want to help you get back on your feet, both physically and financially.

Get Your FREE Injury "Cheat Sheet"

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

Testimonials

"Hiring Scott was one of the best moves I have made in my life.   Scott is a down to earth person and attorney.  Scott is a 5 star first class act who really knows his stuff.   The Judge said his presentation was one of if not the best he had ever seen.   Take my advice, hire Scott. I’m sure you’ll be 200% satisfied.  I was."

Richard Lange

Cab Driver, Fall Down                  See More >

Want The Injury "Cheat Sheet"?

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

8 Essential Questions to Ask Your Burn Injury Lawyer

8 Essential Questions to Ask Your Burn Injury Lawyer

In the U.S. approximately 450,000 patients are admitted to a hospital due to burn injuries.

If you suffered a burn injury due to negligence and think you have a case, you should get in touch with a burn injury lawyer. A lawyer can help you get through this tough time and get you the compensation you deserve.

To help you find the best lawyer, here are 8 questions you need to ask.

1. Do I have a Case?

During your initial consultation with a burn injury lawyer, the first thing you need to ask is if you have a case?

Your lawyer should be able to determine if you should move forward with the lawsuit. They can better explain to you the weaknesses and strengths of your case.

They will need to know the severity of your burn injury. Also, was the injury caused due to the negligence of a third party? And did you suffer any damages that can be recovered?

Keep in mind that even if you have a case, in the initial stages it might be difficult to determine what you’ll be entitled to.

2. What Kinds Of Damages Can I Expect?

If you have never filed a personal injury lawsuit, then you have no idea what you’ll be entitled to. However, your lawyer does, so you should be asking them what to expect.

Typically, in personal injury lawsuits, you can expect compensation for your medical bills. This should be a huge relief because hospital stays and doctor visits can have a hefty price tag.

You might also be entitled to loss of wages for the time you had to be out of work due to your injury.

The aftermath of a burn injury always brings pain and suffering, so you can ask your lawyer if you can expect compensation on this matter.

3. How Many Similar Cases Have You Handled?

Remember that not all lawyers specialize in the same fields. If you want to get the best representation, then you need to know if your burn injury lawyer has what it takes.

You shouldn’t be shy when asking about their experience. Ask them how many burn injury cases they’ve handled over the years. Did they always specialize in personal injury or did they change practice areas over the years?

Ask them if they have ever been on the other end of a personal injury lawsuit.

4. What Other Areas Do You Specialize In?

Just like you want to know if they’ve handled cases similar to yours, you should also ask what other areas they practice.

It’s not a bad thing if your lawyer specializes in other areas. It’s good for your lawyer to have a wide set of skills and experience. However, you want to pick the one who will handle your case better.

For example, you wouldn’t go to an orthopedic surgeon about a brain injury, even though he’s still a doctor.

5. How Many Lawyers In The Firm Handle Similar Cases?

The lawyer you meet with will probably won’t be the only one working on your case. In fact, a lot of the cases in a law firm are delegated by the partners to associate attorneys and paralegals.

They always remain under the complete supervision of the lawyer handling your case, but they do handle a large portion of the workload. This is not a bad thing, after all, this is how most successful lawyers get their experience.

However, you should still find out if the other lawyers helping in your case have handled cases similar to yours, or have extensive experience with personal injury suits.

6. What Are Thier Contingency Fees?

For the most part, personal injury lawyers work on a contingency fee basis. This means the client will pay the lawyers if the case settlement is successful.

If the lawyer loses the suit, then neither you or the lawyer gets any money. You’re also not required to pay the lawyer for any fees.

However, if you win, the lawyer receives a percentage from the settlement. The contingency fee agreement is usually one third.

Ask your potential burn injury lawyer if he or she is willing to work on a contingency fee basis, and make sure this is clear in the engagement agreement.

When a lawyer agrees to take a case under contingency, it’s usually a great sign. If you don’t get paid, then your lawyer doesn’t get paid.

7. What Is Their Case Strategy?

You might want to know what strategy your burn injury lawyer will use to win your case.

Their strategy has to be well planned based on the severity of the burn injury and all of the evidence provided during the consultation.

When your lawyer discloses their strategy make sure you ask specific questions about it. What are the pros and cons of said strategy? Also, ask if there are other ways to handle it.

Ask your lawyer why they think this is the best strategy, and if they have used it in the past.

8. How Long Will It Take to Settle the Case?

When it comes to personal injuries, usually medical bills really pile up. You might be in a hurry to settle the case so you can take care of all the payments.

A lot of factors that will determine how long your case will take to settle. Depending on the claim you’re making, your lawyer will be able to provide you with a better time frame.

Remember that they cannot provide you with an exact time frame, but maybe you can ask them for the time frames of each step they take.

A lot goes into investigating an resolving a personal injury lawsuit. You will often have to attend proceedings, there’s investigation that needs to take place, and much more.

Take the estimated time frame your lawyer provides you with as an estimate only.

Ready To Hire a Burn Injury Lawyer?

Suffering through a burn injury is stressful enough, getting a lawyer to help you in your case doesn’t have to be.

We hope these 8 tips will help you in your search for a burn injury lawyer.

Are you in the Chicago area and in need of a personal injury lawyer? Contact us for a consultation and to learn more about our practice areas.

Get Your FREE Injury "Cheat Sheet"

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

Testimonials

"Hiring Scott was one of the best moves I have made in my life.   Scott is a down to earth person and attorney.  Scott is a 5 star first class act who really knows his stuff.   The Judge said his presentation was one of if not the best he had ever seen.   Take my advice, hire Scott. I’m sure you’ll be 200% satisfied.  I was."

Richard Lange

Cab Driver, Fall Down                  See More >

Want The Injury "Cheat Sheet"?

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

How to Increase Your Odds of a Good Outcome In a Work Injury Per Chicago Workers Comp Lawyer

How to Increase Your Odds of a Good Outcome In a Work Injury Per Chicago Workers Comp Lawyer

Workers’ compensation benefits is a topic that’s often mired in legal complications. Between your employer and the insurance companies, there are many legal hurdles and procedures to overcome.

When everyone follows the rules though, receiving proper compensation is not difficult. It’s only when employers commit fraud or refuse to pay that things get complicated.

If you’re having trouble receiving the workers’ compensation benefits, you deserve to call a Chicago personal injury lawyer right away.

In cases involving a disputed slip and fall claim at work, it’s best to use a Chicago slip and fall lawyer. A legal professional can guide you through the process and give you the best chance of success.

By law, the burden of proof in cases of disputed workers comp claims rests with the employee.

There’s also documentation, hearings and procedures you must know about if you plan to deal with it yourself.

However, it doesn’t hurt to know the process, whether you use a lawyer or not. 

The Illinois Workers Compensation Commission makes a point to say that filing an accident report does not trigger any action by the Commission.

In addition to your claim, you must follow a series of procedures to request a hearing. There are also several rules applying to these types of cases that can complicate things.

Today, Workers Comp lawyer Scott DeSalvo talks about how to avoid the traps insurance companies set for injured workers in their injury cases. There is no reason to do it alone when help and consultations are free and the information is here for injured workers.

With that said, the following list gives a general overview of the process, but it is not comprehensive:

No Disputed Claim?

The Illinois Workers’ Compensation Commission handles disputed cases of workers’ compensation. However, when things go as planned, there’s no reason to involve either the Illinois Workers’ Compensation Commission or a Chicago personal injury lawyer.  

Well, that’s not 100% accurate. EVERY case of an injured worker in Illinois is filed at the Commission. The reason for that is: it is free to file a Workers Comp case.

If things go smoothly, there is no issue. However, if things do not, having a case filed gives us access to the Judge, called an Arbitrator, who can make sure the Company is following the rules and you are getting the benefits you deserve.

As the employee, you simply report the incident to your employer as soon as possible (within 45 days), fill out the proper paperwork and get treatment.

You should also ask your employer if he or she has a preference on the healthcare provider you see, since insurance plans differ in the hospitals or clinics their payments are accepted at.  

The truth is that you can go to almost any doctor if you have been injured at work, since almost all doctors and hospitals are perfectly happy to take a case and bill the Workers Compensation insurance company.

The Disputed Claim Filing Process—Filing A Claim

Unfortunately, sometimes things don’t go as planned. Either the employer doesn’t have the insurance they’re supposed to, they want to dispute the claim, or there are issues with the insurance company.

If you or your employer dispute some part of the workers’ compensation claim, you’ll need to file a claim with the Illinois Workers’ Compensation Commission. You might also consider hiring one of the Chicago personal injury lawyers at this point.

In fact, getting a free consultation BEFORE things go back is a really good idea. This is because a lawyer will make sure you get all of your benefits and will also make sure that you get more money than you’d get without one.

There is a strict set of procedures you must follow to give yourself the best chance of receiving the benefits and compensation that you’re entitled to. First of all, you (the employee) file three copies of the Application for Adjustment of Claim and Proof of Service.

The proof of service states that a copy of the application was served on the employer.

While the process, up to this point, may seem simple, small missteps can cause delays in the proceeding. These cases already take a long time to settle, so seemingly small missteps may cost you in the long run.

After the Claim is Filed—Arbitration

Once the claim is filed, you’ll need to request a hearing with an arbitrator. It may take about 3 months to get a hearing with an arbitrator. Missed deadlines for paperwork or meetings will extend that timeline.

The Trial

If a case is not settled in arbitration, it will go to trial. At this point, it’s vital that you employ a Chicago personal injury lawyer. A good lawyer gives you the best chance of getting the compensation you need and deserve.

At the trial, you must prove which benefits you are entitled to and why. The employer does not have to disprove your claim. The burden of proof lies with the employee.

Completing this process usually takes at least a year, usually more. This is often because all parties must have healed completely by the time a decision is made. However, a Chicago slip and fall lawyer can help you win the best possible outcome for your case.

You can file a 19(b) or 19(b-1) petition which speeds things up. The commission must make a ruling within 180 days when a 19(b) or 19(b-1) is filed. Filing a 19(b) or 19(b-1) has many technical requirements, which a Chicago slip and fall lawyer can help you with.

If you’re in the unfortunate position of being hurt or sick because of an incident at work and you’re not receiving the proper benefits, call a Chicago personal injury lawyer.

A Chicago personal injury lawyer at The Law Office of Scott D. DeSalvo will guide you through the highly technical process of pursuing a workers’ compensation claim.

The Law Office of Scott D. Desalvo specializes in several different legal areas of personal injury and workers’ compensation is one of them.

If you have questions or need more help, give me a call, toll-free, at 888-HURT-318 (888-487-8318). Free, no obligation consultation in person or by phone.

Get Your FREE Injury "Cheat Sheet"

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

Testimonials

"Hiring Scott was one of the best moves I have made in my life.   Scott is a down to earth person and attorney.  Scott is a 5 star first class act who really knows his stuff.   The Judge said his presentation was one of if not the best he had ever seen.   Take my advice, hire Scott. I’m sure you’ll be 200% satisfied.  I was."

Richard Lange

Cab Driver, Fall Down                  See More >

Want The Injury "Cheat Sheet"?

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation