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Illinois Work Injury Blog

Illinois Work Injury Blog - providing information and resources regarding work injury and workers compensation issues in the Chicago, Illinois area.

Basic Workers Compensation Law In Illinois

 Wednesday, March 14, 2012

Getting injured at work can be a very traumatic experience in many ways. Not only do injured workers have to worry about their health, they must also consider their job security.

Compensation law in Illinois is intended to compensate injured workers for lost wages, permanent disability, and provide necessary medical care. The Illinois Workers’ Compensation Commission Handbook on Workers’ Compensation and Occupational Diseases is a good resource for inquiries about state compensation law.

The following is a brief summary of some of the Illinois state laws, which can serve as a general guide to the rights and obligations of employees who have experienced work-related injuries:

  • Almost every employee who is hired, injured, or whose employment is localized in the state of Illinois is covered by the law. Also, these employees are covered from the moment they begin their jobs.
  • In most instances, the law covers injuries that are caused, in whole or in part, by the employee’s work. Injuries from repetitive use of a part of the body is covered, as is a person who experiences a stroke, heart attack, or other physical problem caused by work. Pre-existing conditions may receive benefits if it is possible to prove that the work aggravated that condition.  
  • Injuries suffered in employer-sponsored recreational programs (e.g., athletic events, parties, picnics) are not covered unless participation is mandatory.  Accidental injuries incurred while participating as a patient in a drug or alcohol rehabilitation program are also not covered.
  • By law, the employer is responsible for the cost of workers’ compensation.  Most employers buy commercial workers’ compensation insurance, and the insurance company pays the benefits on the employer’s behalf.  No part of the workers'  compensation insurance premium or benefit can be charged to the employee. Other employers obtain the state’s approval to self-insure.
  • An injured employee must inform their employer as soon as possible.  The state law requires the employee to notify the employer of the date and place of the accident, if known.  A delay of over 45 days may result in the loss of all benefits. 
  • It is the worker’s responsibility to prove they are eligible for benefits. The employer does not need to disprove a worker’s claim. By law, the burden of proof rests with the employee. Hiring a lawyer for quality representation is advisable.
  • An employer is obligated to pay for all medical care that are reasonably necessary to cure or relieve the employee from the effects of the injury. This may include first aid, emergency care, doctor visits, hospital care, surgery, physical therapy, chiropractic treatment, pharmaceuticals, prosthetic devices, and prescribed medical appliances.

It is important to know some of the basic Worker Compensation Laws in Illinois. However, If you believe your workers rights have been violated by your employer, you should contact an experienced Illinois workers compensation attorney. There are lawyers with significant expertise in workers rights and workers compensation benefits who can explain your options.


DISCLAIMER: All information on this website are provided for informational purposes only and are not intended to be construed as legal advice. The Law Offices of Dworkin & Maciariello shall not be liable for any errors or inaccuracies contained herein, or any actions taken in reliance thereon. To find out more about our disclaimer click here.

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Numbness in the Fingers at Work? Numbness in the Arm? Carpal Tunnel May be the Culprit

 Saturday, February 25, 2012

Carpal tunnel syndrome (CTS) is a common form of repetitive stress injury which often stems from repetitive strain on a regular basis. The tissues surrounding a person's wrist tendons become enlarged to the point that they can compress the median nerve, which runs through a passage in the wrist known as the carpal tunnel. This compression can cause the following problems:

●        Numbness in the fingers, numbness in the arm, tingling and pain in the hand, wrist and forearm

●        Impaired or lost nerve function

●        Reduced muscle control

●        Reduced grip strength

According to the United States Department of Labor, carpal tunnel syndrome was the "chief occupational hazard of the '90's - disabling workers in epidemic proportions."

The following information may help evaluate what steps to take to receive compensation for work-related injury:

●        CTS considered a work-related injury under the Illinois Workers' Compensation Act. The Illinois Supreme Court has found that although carpal tunnel syndrome develops gradually and not as the result of a sudden mishap, employees may be compensated from the onset of CTS under the Act.

●        You may be entitled to receive 100% of all medical expenses which are reasonable and necessary to treat your condition. These include, but are not limited to, first aid, emergency room services, doctor’s visits, inpatient and outpatient hospital care, and prescriptions.

●        You may be able  to choose my own physician or hospital for treatment of my CTS, but certain restrictions are specified under the Illinois Workers' Compensation Act. If your employer maintains a Preferred Provider list, you are required to select someone from that list as your first choice of doctor, or else forfeit that first choice. In that case, you will be entitled to only one doctor of your own choice.

●        As long as your medical treatments are reasonable and necessary to treat your CTS, you should not be asked to pay any deductions, and no dollar limitations should be placed on your treatment.

●        You are entitled to temporary total disability compensation (TTD) while you are off work and are under active medical treatment. Temporary total disability compensation is based on a percentage of average weekly wages, including overtime.

●        Under the provisions of the Act, your employer or their insurance company is legally required to begin payment of TTD within fourteen (14) days of the date you informed your employer that you developed CTS.

●        You may be entitled to receive compensation for the partial permanent loss of use of your hands or arms as a result of contracting CTS while on the job.

●        5 factors are considered to determine the extent of your permanent partial disability: a physician’s assessment of the level of impairment, your age, your occupation, your future earning capacity, and any other evidence of disability corroborated by treatment records.

●        If it is necessary for you to accept a lower-paying job because of your inability to perform the responsibilities of your usual and customary employment, you may be entitled to benefits equal to two-thirds (2/3) of the difference between the average gross weekly wage you were earning before you developed CTS and the wage you are able to earn after your return to work.

●        If you are able to prove through medical evidence that you are unable to return to your former usual and customary occupation as a result of your CTS, your employer may be responsible to pay for the vocational rehabilitation necessary to return you to a position consistent with your physical imitations. You may also be entitled to receive maintenance payments in the form of TTD during your retraining period.

●        If you are disabled from working for a period of five months, and it is anticipated by your physician that your disability will continue for a total of one year or longer, you may be eligible for social security benefits.


DISCLAIMER: All information on this website are provided for informational purposes only and are not intended to be construed as legal advice. The Law Offices of Dworkin & Maciariello shall not be liable for any errors or inaccuracies contained herein, or any actions taken in reliance thereon. To find out more about our disclaimer click here.

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Investigation into Unsafe Conditions at Cook County Morgue

 Tuesday, January 31, 2012
"The Illinois Department of Labor is investigating the Cook County morgue after the agency received an anonymous complaint about unsafe conditions, an official said today," according to the Chicago Tribune.

The complaint, as well as photographs of the morgue that have been leaked to the press, indicate that human remains at the Cook County morgue have not been properly stored or cared for.

The Illinois Department of Labor, which is in charge of investigating complaints and work conditions for all public employees in the state, has received five complaints regarding working conditions at the Cook County morgue since 2010.

Unsafe Work Conditions


Whatever your profession, the Occupational Health and Safety Administration (OSHA) mandates that your employer provide a safe working environment. In fact, OSHA standards dictate that

"Workers are entitled to working conditions that do not pose a risk of serious harm. To help assure a safe and healthful workplace, OSHA also provides workers with the right to:

• Ask OSHA to inspect their workplace;
• Use their rights under the law without retaliation and discrimination;
• Receive information and training about hazards, methods to prevent harm, and the • OSHA standards that apply to their workplace. The training must be in a language you can understand;
• Get copies of test results done to find hazards in the workplace;
• Review records of work-related injuries and illnesses;
• Get copies of their medical records;"

If you believe your workers rights have been violated by your employer, you should contact an experienced Illinois workers compensation attorney. There are lawyers with significant expertise in workers rights and workers compensation benefits who can explain your options. The Illinois Workers Compensation Act spells out workers rights and what employees are entitled to. An experienced attorney will work with you to understand these rights and help you file a claim if your rights have been violated or if your workers comp benefits have been delayed or denied.

DISCLAIMER: All information on this website are provided for informational purposes only and are not intended to be construed as legal advice. The Law Offices of Dworkin & Maciariello shall not be liable for any errors or inaccuracies contained herein, or any actions taken in reliance thereon. To find out more about our disclaimer click here.

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Avoid Illinois Work Injury - Tips for Preventing Carpal Tunnel Syndrome

 Wednesday, December 14, 2011
According to Web MD, "Carpal tunnel syndrome is pain, tingling, and other problems in your hand because of pressure on the median nerve in your wrist. The median nerve and several tendons run from your forearm to your hand through a small space in your wrist called the carpal tunnel. The median nerve controls movement and feeling in your thumb and first three fingers (not your little finger)." As a result, the compression of the nerve can cause:

• Impaired or lost nerve function
• Reduced muscle control and grip strength
• Numbness, tingling and pain in the wrist, hand and forearm

Our Illinois work injury attorneys often work with clients who are unsure whether carpal tunnel syndrome is covered under the Illinois Workers Compensation Act as a work-related injury. The answer is yes. As a result, you are entitled to receive 100% of all medical expenses that are reasonable and necessary to treat your condition. These include, but are not limited to first aid, emergency room services, doctors visits, inpatient and outpatient hospital care, and prescriptions.

However, there are ways to avoid the process of filing for workers compensation - by avoiding carpal tunnel syndrome. Here are the top four ways to avoid carpal tunnel and similar repetitive trauma work injuries:

1. Overall Health: By maintaining your overall health, you increase your chances of preventing carpal tunnel syndrome. This includes making healthy lifestyle choices like a balanced diet, exercise and avoiding smoking.

2. Evaluation: You cannot prevent behavior that might lead to carpal tunnel syndrome if you are not aware of it. Take a look at your daily routine and pay special attention to any type of repetitive motions that may make you prone to carpal tunnel.

3. Ergonomics: Once you have identified the actions that you constantly repeat in the course of a day, take steps to do them in a more ergonomically correct way. Arranging your desk and workspace to prevent muscle strain and repetitive trauma injuries can help you avoid carpal tunnel syndrome.

4. Rest: Taking frequent breaks is the best way to avoid carpal tunnel syndrome by breaking up the repetitive motions that cause it. Stand up at your desk, stretch your muscles, or take a water or bathroom break once per hour. Your muscles will thank you.

By following these four easy steps, you may save yourself from the pain of carpal tunnel syndrome and the headache of filing a workers compensation claim. However, if you are already suffering from carpal tunnel syndrome as a result of repetitive motion tasks performed at your job, you need to seek help. You should see a qualified medical professional and speak with an Illinois work injury attorney or lawyer in your area to seek treatment and workers compensation benefits right away.

DISCLAIMER: All information on this website are provided for informational purposes only and are not intended to be construed as legal advice. The Law Offices of Dworkin & Maciariello shall not be liable for any errors or inaccuracies contained herein, or any actions taken in reliance thereon.

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