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December 2015 Archives

Wall collapses on worker in recent construction accident

OSHA is currently investigating a work injury that occurred when a wall collapsed on a worker. The accident occurred on a recent Tuesday morning in an out-of-state warehouse, fire officials said. When a similar construction accident occurs in Illinois, the worker is typically entitled to file a workers' compensation claim in order to receive benefits.

Coal miner killed in workplace accident

A man was involved in a recent mining accident that claimed his life. The 20-year-old Marion man was in an M-Class Mine in Macedonia, and the accident occurred on a recent Tuesday night in December. In Illinois, when workers are killed due to their involvement in a workplace accident, their dependents are typically entitled to submit a claim for workers' compensation death benefits.

Volkswagen Emissions Scandal Affects Hundreds of Thousands

As far back as 2009 automaker, Volkswagen ("VW"), has allegedly been using a computer software hack to fool the U.S. Environmental Protection Agency ("EPA") regarding vehicle performance and emissions levels in several models that utilize VW's turbocharged direct injection (TDI) diesel motor. In September. 2015 the emissions scandal broke when the EPA allegedly learned that VW was using computer code in its 2.0 and 3.0 litre TDI diesels that gave "false" data when the affected vehicles were undergoing emissions testing. The affected vehicles currently number over 500,000 and include several models of VW, Audi, and even Porsche, who was supplied 3.0 litre TDIs from VW for use in one of its SUVs.

How are my workers’ compensation benefits going to be calculated? P.1

Workers’ compensation benefits are a critical support for injured workers, particularly those who suffer serious on-the-job injury qualifying for permanent disability benefits. Usually, when an injured worker files for workers’ compensation benefits, he or she does not know exactly what benefits he or she will qualify for, or the amount he or she can expect for payments.

Considering the problem of “frivolous” workers’ compensation claims in IL, P.2

In our previous post, we began speaking about the notion of frivolous claims in the context of the workers’ compensation system. As we noted, businesses here in Illinois are currently worried that frivolous workers’ compensation claims are contributing to high premium costs, and are pushing for reforms to address the perceived problem.

Considering the problem of “frivolous” workers’ compensation claims in IL, P.1

One of the messages we try to strongly emphasize on this blog is that workers’ compensation is a critical resource and entitlement for those injured on the job. This is especially the case given that workers’ compensation is, most of the time, the only means for an injured worker to avoid paying for the consequences of a workplace injury out of his or her own pocket.

Are All Work-place Injuries Physical?

If a person hears the term "workplace injury," thoughts of a broken leg, a strained muscle, or an arm laceration typically come to mind. Quite frequently, however, we will file a claim on behalf of an injured employee and list our accident description as "mental injury." In Illinois, psychological injuries are compensable under one of two theories, either physical-mental, when the injuries are related to and caused by a physical trauma or injury, or mental-mental, when the injuries are caused by sudden, severe emotional shock, traceable to a definite time and place and cause, even though no physical trauma or injury was sustained.

Steps to be taken by an Injured Worker prior to and during an Independent Medical Examination

After the worker has been injured in a workplace accident, it is not unusual for the insurance company to have him or her examined by a physician of their choosing. This right is set out in Section 12 of the Illinois Worker's Compensation Act. Sufficient notice as to the time and place must be given to the worker, along with sufficient money to defray the costs to the worker for attending the examination. These costs are usually only mileage which must be paid to the injured workers prior to the examination.

How does bankruptcy effect worker's compensation and/or personal injury claims?

I am often asked about how a client's worker's compensation or personal injury claim will be affected if they decide to file bankruptcy. When asked that we always have to sit down and discuss the specifics, but what does not often come up is what impact a new worker's compensation or personal injury claim may have on a previously filed bankruptcy.

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