Yearly Archives: 2018

Carpal tunnel syndrome is a type of overuse injury that is common among employees who type on computers and perform other repetitive tasks on a daily basis. Estimates put the number of cases of carpal tunnel syndrome in the United States at more than three million per year, with most patients falling between age 18 and the age of retirement. If you are suffering from carpal tunnel syndrome, can you file a claim for workers’ compensation benefits? If your condition is work-related and you otherwise qualify for benefits, the answer is most likely, “Yes.” Other similar types of injuries can qualify for workers’ compensation coverage as well, and obtaining an accurate diagnosis will be one of the first steps on the road to physical and financial recovery. When to Seek Treatment and Compensation for Carpal Tunnel Syndrome Carpal tunnel syndrome is the medical term for a pinched nerve in the wrist. It is most-commonly the result of swelling in the wrist due to persistent or repetitive bending, which causes compression of the median nerve. The median nerve passes through the carpal tunnel, which is a narrow passage in the wrist that also houses the ligaments and tendons that allow for movement of the hand and fingers. When the median nerve is compressed (or “pinched”), this can cause symptoms including: Tingling or numbness in the fingers or hand An “electric shock” feeling in the fingers, possibly traveling up the arm Weakness, particularly of the pinching muscles in the thumb If you […]

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The pain and suffering from a job-related injury can last a lifetime. From chronic lower back pain to persistent migraines, and from physical limitations to anxiety and depression, traumatic injuries can have a variety of lasting effects, and these effects can negatively impact all aspects of your personal and professional life. If you are like most people, you probably somewhat familiar with the term, “pain and suffering.” This is a legal term that describes many (but not all) of the non-financial costs associated with an accident-related injury. In many cases, accident victims will experience significant pain and suffering, and the associated non-financial costs will often far exceed victims’ medical expenses and other financial losses. Workers’ Compensation Does Not Cover Pain and Suffering Unfortunately, workers’ compensation does not cover pain and suffering in Illinois. The Illinois Workers’ Compensation Act helps to ensure that all eligible workers receive at least some compensation for their job-related injuries; but, in doing so, it also limits the total compensation available to injured employees. In a typical case, the benefits available through workers’ compensation include only: Medical benefits Disability benefits (partial wage replacement) Vocational rehabilitation and retraining benefits How to Recover Compensation for Pain and Suffering After a Job-Related Accident Even though workers’ compensation does pay benefits for pain and suffering, in many cases, it will still be possible for injured workers to recover damages for these non-financial losses. Although the Illinois Workers’ Compensation Act prevents employees from filing personal injury claims against their employers (in […]

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If you are unable to work because of injuries you sustained on the job, it is important that you take appropriate steps to protect your legal rights. You may be entitled to recover your medical expenses and other losses through workers’ compensation, a personal injury claim or both, and you need to make sure you do not do anything that could jeopardize your financial recovery. How can you protect your rights after an injury on the job? Here are seven tips from the Chicago workers’ compensation lawyers at Jackowiak Law Offices: 1. Report the Accident to Your Employer In order to protect your workers’ compensation eligibility, you need to notify your employer of your injury within 45 days. However, to avoid giving your employer’s insurance company an extra excuse to deny your claim, you should file a written report as soon as possible. 2. Avoid Discussing the Accident with Anyone Else Whether you have a workers’ compensation claim, a personal injury claim or both, you should avoid discussing the accident with anyone other than your attorney. You do not want your own words to be used against you, and you do not want to force your coworkers and family members to serve as witnesses at trial. 3. Seek Medical Attention Promptly In Illinois, you have the right to choose the doctor who treats your work-related injury. To protect your health and your claim for compensation, you should see a doctor right away. Be sure to tell your doctor that your […]

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Workers’ compensation insurance companies in Illinois use a variety of tactics to try to deny injured employees’ claims for benefits. One of these tactics is to accuse employees of engaging in workers’ compensation fraud. In Illinois, workers’ compensation fraud is a criminal offense, and it can also lead to denial of benefits and financial liability. So, any accusations of fraud are an extremely serious matter. Whether you have just been injured or you have already had your claim denied, here is what you need to know about workers’ compensation fraud. What is Workers’ Compensation Fraud? While Illinois has a “no-fault” workers’ compensation system, this does not mean that payment of benefits is automatic. There are limitations on when eligible employees are entitled to claim benefits, and intentionally seeking to obtain benefits when no benefits are owed is a form of workers’ compensation fraud. Specifically, acts that can be prosecuted as workers’ compensation fraud and justify a denial of benefits include (but are not limited to): Making any false statement in order to obtain (or maintain) workers’ compensation benefits; Presenting medical bills for payment under workers’ compensation when no services were actually provided; and, Submitting false or forged medical records, test results, written statements or other forms of documentation in connection with a claim for workers’ compensation benefits. As an employee, it is your responsibility to ensure that you are submitting accurate information with your claim. This starts with the initial written notice of your injury, and continues through your final […]

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When you file a claim for workers’ compensation benefits, there is a chance that your claim will be denied. Whether for legitimate reasons or due to bad-faith employment or insurance practices, workers’ compensation denials are common; and, if your claim has been denied, it is important to understand the options you have available. 1. Correcting a Deficiency in Your Benefits Claim In some cases, insurance adjusters will deny claims simply because it is their job to do so. If a claim for benefits is deficient in any respect, it will likely be denied. Workers’ compensation insurance companies are not required to pay claims that do not meet the requirements for compensation; and, if you are entitled to benefits but you failed to submit appropriate documentation with your claim, this is a deficiency that should be corrected. Oftentimes, addressing a minor deficiency can be a simple fix (although, you need to know what you did wrong and what you need to do to fix it). In this situation, your attorney may be able to work directly with the insurance company to get your benefit checks started. 2. Filing for Arbitration If it is not possible to resolve your claim informally, your next step is to file an appeal with the Illinois Workers’ Compensation Commission (IWCC). The first stage of the appeals process involves arbitration before a single arbitrator who will hear evidence from both sides and render a decision. If you are dissatisfied with the arbitrator’s decision, you can request to […]

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