If you make your living working in construction, mining or another industry where you frequently rely on scaffolding, or elevated, temporary work platforms, to perform your job duties, know that there are inherent risks involved in doing so. According to the Occupational Safety and Health Administration, about 65 percent of all construction workers use scaffolding regularly, and this means that about 2.3 million are at risk of suffering scaffolding-related injuries or fatalities every year.
A weather emergency is a real emergency. That's especially true when you're operating without permanent structures, as responsible fairs and circuses know. If your customers and employees are relying on a tent to protect them, that tent had better be erected correctly and rated for severe weather or you're putting them directly in harm's way.
If you have sustained a work-related injury and have lost the ability to do the same things before your work injury, you may be entitled to permanent partial disability benefits. Illinois law sets the number of weeks for specific body parts. You calculate the benefits which you would be entitled based on the severity of the specific body part using the scheduled injury table provided by the Illinois Workers' Compensation Commission.
A settlement contract is a negotiated agreement between you and your employer where you agree to end legal proceedings in exchange for money. In Illinois, your Lump Sum Settlement Contract must be approved by the Arbitrator handling your case.
In Illinois, the employee bears the burden to show that he or she sustained accidental injuries arising out of and in the course of the employment. The employee must prove the employee was at the workplace and doing what is reasonably expected at the time of the incident. This is generally not in dispute if the employee was working their normal shift while they were injured.
While the value of your claim primarily depends upon the nature of your injuries, the wages you earned prior to a work accident are a major factor in determining your workers' compensation benefits. Sometimes clients have had friends or family members with a similar back injury, course of treatment and prognosis but ask why that friend or family member received a larger settlement. In that scenario, if two people with similar injuries and prognosis, but one is making double the wages, it is likely his or her settlement will be twice as much as the other person. That is because your Average Weekly Wage (AWW) is a large determinant of your workers' compensation benefits.
Illinois law requires employers to provide workers' compensation insurance for almost everyone who is employed within Illinois. Some employers break the law and do not obtain insurance or are behind on their premiums. An employer that knowingly and willfully fails to obtain insurance may be fined up to $500 for every day of noncompliance with a minimum fine of $10,000.
Oftentimes, this is one of the most common questions clients have and one of the greatest fears of injured employees. Employees go to great lengths to avoid filing a claim, including using their health insurance for doctor visits and using any sick days or short-term disability time they have.
If you had a second job that you worked on the date you were injured, you may be able to include earnings from your additional job when computing your "Average Weekly Wage" (AWW). You must have had the job on the date you were injured, your employer must know of the second employment and the employment must be a typical job unlike self-employment. Last, the job must be documented by check pay stubs or tax withholdings. Undocumented jobs will not likely count as concurrent employment.