Workers Compensation
Workers Compensation is designed to eliminate the need for litigation by providing injured workers with automatic benefits. Workers’ Compensation covers the costs of medical treatment, and pays a fixed income while a worker is treating an injury and unable to work. Illinois law requires employers to pay two-thirds of an employees’ salaries while treating injuries, and allows additional compensation for permanent injuries. At times, however, employers will dispute the severity of an injury and try to limit your recovery. That’s when litigation becomes necessary, as is the aid of an experienced Workers Compensation attorney.
Nearly all injuries occurring at work are compensable, including fractures, hand injuries, burns, cuts and psychological injuries. Some employees incur what are known as “repetitive trauma” injuries, which result from doing the same action for hours each day. Repetitive trauma injuries include carpal tunnel, tendonitis, bursitis, and trigger finger. If you have been injured at work, you most likely have a compensable workers' compensation claim and should contact our office immediately.
Monetary awards under Workers Compensation do not depend on fault. Rather, injured workers are automatically entitled to medical expenses and lost wages if an injury occurs on the job. Certain provisions of the Workers’ Compensation Act provide that it is the exclusive remedy, meaning employees who accept workers' compensation benefits generally cannot sue their employers. However, where an on-the-job accident involves a third party, such as in an auto accident, the employer or employee may sue that party.
Heart Attack and Workers' Compensation
Heart disease remains the leading cause of death in Americans today, and heart attack is its most visible sign. However, heart attack patients are rarely assessed to determine if the heart attack could have been caused partly by circumstances related to employment. If a heart attack is employment-related, the medical treatment and resulting consequences may be compensable under the Workers’ Compensation Act.
Chest pain is a common symptom of heart problems. Two recognized triggers are physical and emotional stress. The stress can cause persistently elevated hormone levels, which causes cholesterol to break free and impair blood flow to the heart. People’s responses to stress can also contribute to heart attack. Stress causes people to overeat, exercise less, or smoke. All of these habits contribute to heart disease. In an employment context, an abusive boss, long work hours, and unusual job-related pressures can trigger a heart attack.
If you think you’re having a heart attack, see a doctor right away. If you believe your heart attack is caused by job-related stress, be sure tell your health care providers. Pursuing a workers’ compensation claim becomes more difficult if this information is not included in your medical records.
What Else Might Have Contributed to a Heart Attack?
To properly determine whether Workers’ Compensation will cover a heart attack, contact us to speak with an experienced Workers’ Compensation attorney. We will look at additional contributors, such as a stressful home life or financial problems in evaluating your claim. Pre-existing risk factors are also important, and could include smoking, obesity, lack of fitness regimen, diabetes, high cholesterol, or blood pressure. Family history must also be taken into account. Such risk factors will not defeat a claim, however. The law could still determine that the heart attack was triggered by employment and is thus compensable.
Was Work-Related Stress the Most Likely Cause?
To receive compensation for a heart attack under Workers’ Compensation, an employee must prove either that the heart attack was more likely caused by work-related stress, or that stress was a substantial contributing cause. An employee must prove this to a reasonable degree of medical probability, which means that a reasonable doctor would conclude that work-related stress likely caused the heart attack. The work related event need not be the sole cause of the heart attack, just a major or substantial cause.
In the unfortunate case of death, the surviving spouse and dependents may pursue Workers’ Compensation benefits. In cases where an employee is disabled, the employee may receive substantial wage replacement benefits that may last as long as the employee has a reduced ability to work. Wage replacement benefits can also be supplemented by compensation for permanent disability.
If you have reason to believe that your injury or heart attack is job related, even if the actual injury or heart attack did not occur at work, contact us to evaluate your possible claim. Whether your accident took place in Cook, Kane, DuPage, Will, or other surrounding Illinois counties, our firm may be able to help you. Every claim has a statute of limitations, which will bar the case if not filed before it expires. Therefore, prompt attention is required in order to best insure that you receive just compensation for your injuries. If our firm cannot represent you, likely we can direct you to a firm who will properly handle the matter or we will explain, in as much detail as necessary, why we cannot assist you or refer your matter elsewhere.
The information provided on this website does not constitute legal advice nor does it constitute an attorney client agreement. You are not considered a client until we have accepted your case and a retainer agreement is signed. Please read our full disclaimer.
Nearly all injuries occurring at work are compensable, including fractures, hand injuries, burns, cuts and psychological injuries. Some employees incur what are known as “repetitive trauma” injuries, which result from doing the same action for hours each day. Repetitive trauma injuries include carpal tunnel, tendonitis, bursitis, and trigger finger. If you have been injured at work, you most likely have a compensable workers' compensation claim and should contact our office immediately.
Monetary awards under Workers Compensation do not depend on fault. Rather, injured workers are automatically entitled to medical expenses and lost wages if an injury occurs on the job. Certain provisions of the Workers’ Compensation Act provide that it is the exclusive remedy, meaning employees who accept workers' compensation benefits generally cannot sue their employers. However, where an on-the-job accident involves a third party, such as in an auto accident, the employer or employee may sue that party.
Heart Attack and Workers' Compensation
Heart disease remains the leading cause of death in Americans today, and heart attack is its most visible sign. However, heart attack patients are rarely assessed to determine if the heart attack could have been caused partly by circumstances related to employment. If a heart attack is employment-related, the medical treatment and resulting consequences may be compensable under the Workers’ Compensation Act.
Chest pain is a common symptom of heart problems. Two recognized triggers are physical and emotional stress. The stress can cause persistently elevated hormone levels, which causes cholesterol to break free and impair blood flow to the heart. People’s responses to stress can also contribute to heart attack. Stress causes people to overeat, exercise less, or smoke. All of these habits contribute to heart disease. In an employment context, an abusive boss, long work hours, and unusual job-related pressures can trigger a heart attack.
If you think you’re having a heart attack, see a doctor right away. If you believe your heart attack is caused by job-related stress, be sure tell your health care providers. Pursuing a workers’ compensation claim becomes more difficult if this information is not included in your medical records.
What Else Might Have Contributed to a Heart Attack?
To properly determine whether Workers’ Compensation will cover a heart attack, contact us to speak with an experienced Workers’ Compensation attorney. We will look at additional contributors, such as a stressful home life or financial problems in evaluating your claim. Pre-existing risk factors are also important, and could include smoking, obesity, lack of fitness regimen, diabetes, high cholesterol, or blood pressure. Family history must also be taken into account. Such risk factors will not defeat a claim, however. The law could still determine that the heart attack was triggered by employment and is thus compensable.
Was Work-Related Stress the Most Likely Cause?
To receive compensation for a heart attack under Workers’ Compensation, an employee must prove either that the heart attack was more likely caused by work-related stress, or that stress was a substantial contributing cause. An employee must prove this to a reasonable degree of medical probability, which means that a reasonable doctor would conclude that work-related stress likely caused the heart attack. The work related event need not be the sole cause of the heart attack, just a major or substantial cause.
In the unfortunate case of death, the surviving spouse and dependents may pursue Workers’ Compensation benefits. In cases where an employee is disabled, the employee may receive substantial wage replacement benefits that may last as long as the employee has a reduced ability to work. Wage replacement benefits can also be supplemented by compensation for permanent disability.
If you have reason to believe that your injury or heart attack is job related, even if the actual injury or heart attack did not occur at work, contact us to evaluate your possible claim. Whether your accident took place in Cook, Kane, DuPage, Will, or other surrounding Illinois counties, our firm may be able to help you. Every claim has a statute of limitations, which will bar the case if not filed before it expires. Therefore, prompt attention is required in order to best insure that you receive just compensation for your injuries. If our firm cannot represent you, likely we can direct you to a firm who will properly handle the matter or we will explain, in as much detail as necessary, why we cannot assist you or refer your matter elsewhere.
The information provided on this website does not constitute legal advice nor does it constitute an attorney client agreement. You are not considered a client until we have accepted your case and a retainer agreement is signed. Please read our full disclaimer.