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Chicago Personal Injury Lawyer | Panio Law Offices

Options for Seeking Workplace Injury Damages

When you are an employee injured on the job, it’s important to understand that filing a workers compensation claim with your state is not always the only recourse you have for recovery of damages for your injuries. Many claimants focus solely on filing a successful workers comp claim to cover medical costs and loss wages. But there are many reasons why your employer or a supplier may even be at fault. Here are a few reasons why it’s always important to speak with a workers compensation personal injury attorney whenever you find yourself injured on the job:

Employer Neglect: In many cases (like slip and falls) at a place of employment, the employer may be found responsible for the employee’s injuries. In a construction site, for instance, one expects the work environment to be more hazardous than your typical work space. However, when conditions are unreasonably dangerous and when an employer is aware and able to mitigate that danger and doesn’t, it’s possible that they are responsible for damages in your case. If, for instance, a spill occurs on a construction site and the employer is made aware of it, but no one is dispatched to clean up the area, should an employee carrying construction supplies slip and fall causing injuries, they may have a slip and fall personal injury claim and be able to recover damages.

Subcontractor Neglect:  If the workplace is one that is unnecessarily hazardous, and an employee is injured due to simple neglect on a site that is managed by a subcontractor, that subcontractor might be legally liable for resulting injuries. For instance, if an electrical engineering company is hired to manage the wiring for a commercial space by a larger construction entity and their engineer leaves live wiring in an open area for a time, during that time should a painter, for instance, enter the space and come in contact with that live wire and suffer shock and burns as a result, that engineering company may be held liable for the painter’s injuries.

Products Liability: If an employee is injured on the job as a result of the use of a product, the manufacturer or another entity in the chain of distribution could be at fault for resulting injuries. Under products liability law, it is possible that the manufacturer or the distributor could be at fault if the product itself was defective or if the product design was found to be defective. Also, if the product was inherently dangerous and no adequate instructions or warnings were provided by the manufacturer, products liability law could determine that the manufacturer and/or its surrogates could be liable for injuries.

Determining possible damages and options for damage recovery in any personal injury case can be difficult, to say the least. When someone is injured on the job, it’s all the more important to have the guidance of a skilled personal injury attorney who can help determine your options outside of standard state workers compensation.

Call the offices of Panio Law in Chicago if you are confused about your options and want the guidance of experienced workplace injury lawyers. We work hard for each of our clients to ensure they get the highest awards to which they are eligible. And we’ll work hard for you. Call us at 888.799.7561. We can help.

Workers’ Compensation: Eligibility

Workers' compensation is an insurance program mandated by the state to provide compensation to employers who suffer in jury as a result of work. This no-fault system (providing benefits without proving liability) pays eligible workers for medical coats and lost wages. As a result, the employee cannot sue the employer. (There are a few exceptions to this rule.)

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Workers’ Compensation: Denials

When a worker is injured on the job and the injury is work-related, its very possible they have a valid claim for workers' compensation benefits. Each state's workers' compensation system reviews claims and provides benefits to ensure that workers are covered in at least a limited way for injuries and employers aren't sued every time a worker is indeed injured.

Most employers are required to carry workers' compensation insurance. But that doesn't mean that every workers' compensation claim is a slam dunk. There are many reasons why a claim may be denied. If you are injured on the job, you should always keep in mind the following so that your claim may receive the consideration it merits.

Below are some common reasons workers' compensation claims may be denied:

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Workers’ Compensation: Self Injury on the Job

State workers' compensation systems are in place to ensure benefits for employees that have been injured on the job or "in the course of employment." And filing a claim can be difficult to navigate due to the vast number of ways employees can be injured in the workplace.

Many times we think of the common worker's compensation claim as resulting from a slip and fall or machine operation accident on the job, but the truth is that there are many instances where workers' compensation claims arise from self-injury.

Individuals who injure themselves on the job quite often find themselves eligible for workers' compensation benefits. And that is because by and large, from the employee's standpoint, the worker's comp system is a no-fault system.  Employees who are partially at fault, whether due to neglect or impairment have found claims granted nationwide.

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Workers’ Compenation: Occupational Illnesses

Occupational illnesses are illnesses directly related to the employee's work and work place conditions and are often covered by state worker's compensation systems. Many workplaces are simply ripe for specific illnesses and medical conditions and though they may not cause the condition, they do hasten or worsen its progress in the affected worker.

Take, for instance, stress-related illness. Workers with heart conditions, ulcers, hypertension and the like can suffer greatly in positions with higher than normal stress. Police officers and emergency personnel are presumed to experience much more stress in their positions than the average US worker and, as such, are often eligible for worker's compensation benefits when they suffer stress related illness.

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