Tag Archives: Workers Compensation

What To Know About Filing A Workers Compensation Claim

February 20, 2018 Mike Glisson

All workers have a right to a reasonably safe workplace. No one should be exposed to unnecessary risks when they are just trying to do their job and bring home a paycheck. However, accidents do happen and workers will get injured on the job. Luckily, Illinois law requires employers to subscribe to the state workers’ compensation system, which can provide workers financial compensation in the event of an injury.

How Does The Workers Compensation System Work?

Workers compensation is a type of insurance that pays employees for the cost of medical treatment and for part of their lost wages after an on-the-job injury. Nearly all states require employers to subscribe to workers’ compensation; however, workers compensation laws differ by state.

Once a worker is injured, he or she needs to immediately notify the employer, either verbally or in writing. In Illinois, workers must notify the employer no later than 45 days after the injury. For workers in Missouri, the notification period is only 30 days. Workers must then file a workers compensation claim with the state’s compensation agency. For Illinois workers, the notification must be made within three years of the injury or two years from the last payment of compensation. In the state of Missouri, the notification period is only two years from the date of injury or from the date of the last payment of compensation.

What Kind Of Compensation Can Workers Receive?

Employees are generally eligible for three different types of compensation after an injury. Firstly, workers compensation will compensate injured employees for all related medical expenses. Secondly, workers can receive approximately two-thirds of their average weekly wage while they are recovering from their injury. Finally, if the accident caused permanent injuries, employees can receive an award to compensate the permanent nature of the injury.

Don’t File A Claim On Your Own

The most important thing to know about filing a workers compensation claim is that you don’t have to file it on your own. It is always wise to consult with an experienced attorney before filing your claim. Workers compensation laws are incredibly nuanced, and even the smallest mistakes made during filing could cause you lose out on compensation.

Furthermore, there are many limits on the amount of workers compensation an employee can recover, the number of physicians an injured worker can visit, and compensation for permanent injuries. By working with an experienced workers compensation attorney, you can make sure you get the most out of the workers compensation system. Working with an attorney does not cost anything. Workers compensation lawyers work on a contingency fee basis, meaning they only receive payment if they help their clients recover compensation. In the state of Illinois, workers compensation lawyers receive 20% of any permanency awards and in the state of Missouri, lawyers receive 25% of the permanency awards.

You May Be Able To File A Third Party Claim

In exchange for the workers compensation system, employers are released from liability from workplace accidents. There are instances when a third party causes workplace injuries, not the employer. Many third party claims involve auto accidents where another party injured a worker on the jobsite. In these instances, workers can file a civil lawsuit against the third party to recover compensation for the accident. If you are unsure whether a third party is responsible for your accident, speak to an attorney. They will be able to analyze your situation, collect evidence, and determine exactly what happened and who can be held responsible.

Contact The Glisson Law Firm For Help

Filing a workers compensation claim can be extremely overwhelming. At The Glisson Law Firm, we work to put our clients’ minds at ease so they can focus on getting better. If you’ve been injured on the job and have questions about your workers compensation claim, don’t hesitate to call us and schedule a consultation.

Articles

Better Safe Than Sorry in the Workplace

November 19, 2014 Mike Glisson

As Illinois injury attorneys, we often handle workplace accidents. On February 2nd, 2009, a maintenance electrician working for Miller-Coors brewery in Golden, Colorado was found dead. His body was discovered near an energized electric panel. Regulators are considering fining Miller-Coors $128,500 for failing to meet required safety standards for their employees. The Occupational Safety and Health Administration (OSHA) found 10 safety violations of safety rules concerning electrical hazards.

On April 10th there was another incident where two employees were burned by electrical units at a Miller-Coors brewery. Of the 10 safety violations there was one alleged willful violation where MillerCoors failed to ensure employees wore proper protective equipment when working near energized electrical parts. OSHA found all ten violations involve work practices and protective equipment.

The data below was found on Electrical Safety Foundation International‘s website

In the workplace, data from the National Safety Council indicate that electrical hazards cause nearly one workplace fatality every day.
Annually, electrical hazards are listed as the cause of approximately 4,000 injuries.
Electrical incidents, while only a small portion of those that occur on-the-job, are far more likely to be fatal.

According to the OSHA, “electricity has long been recognized as a serious workplace hazard. In 1999, for example, 278 workers died from electrocutions at work, accounting for almost 5 percent of all on-the-job fatalities that year, according to the Bureau of Labor Statistics. What makes these statistics more tragic is that most of these fatalities could have been easily avoided.” When companies do not follow the safety procedures set up by OSHA, accidents are likely to occur.

This table taken from the OSHA shows the general relationship between the amount of current received and the reaction when current flows from the hand to the foot for just 1 second.

Below 1 milliampere: Generally not perceptible

1 milliampere: Faint tingle
5 milliamperes: Slight shock felt; not painful but disturbing. Average individual can let go. Strong involuntary reactions can lead to other injuries.
6-25 milliamperes (women): Painful shock, loss of muscular control*
9-30 milliamperes (men): The freezing current or ” let-go” range.* Individual cannot let go, but can be thrown away from the circuit if extensor muscles are stimulated.
50-150 milliamperes : Extreme pain, respiratory arrest, severe muscular contractions. Death is possible. 1,000-4,300 milliamperes : Rhythmic pumping action of the heart ceases. Muscular contraction and nerve damage occur; death likely.
10,000 milliamperes : Cardiac arrest, severe burns; death probable

If you or a loved one are the victim of an electrical accident at work, you may be entitled to compensation. Many of these accidents involve both workers compensation claims as well as additional third party claims. WWF&G handles workers compensation claims, as well as the third party claims that derive from these claims – some of these include a laborer who lost 4 fingers in a chop saw incident, an insulator who fell 20 feet from a ladder, and a farmhand who sustained significant burns at the hands of a propane fueled, power washer. Please contact us at 618-462-1077 for a free consultation.

Articles

Missouri Trench Collapse Victim’s Family Awarded $6 Million

November 19, 2014 Mike Glisson

In 2008, 29-year-old Timothy Epperson was working for the city of Perry, MO fixing sewer lines with another city worker when the sides of the trench collapsed. His co-worker survived but Epperson was trapped under the debris and died later that night in an area hospital.

Epperson left behind three sons and a wife who would eventually file a suit against the town’s superintendent on behalf of her sons. Last week, Circuit Judge Robert Clayton II awarded the family $6 million, claiming “breached duty of care” towards Epperson on the part of the town. According to the Hannibal Courier-Post, the judge also claimed that proper safety precautions were not observed on the site of the accident and that the superintendent was aware of the dangers around the trench.

The United States Department of Labor estimated that in 2008, for every 100 workers in the field of civil engineering and construction, almost 12 experienced some sort of job-related injury. If you or someone you know has been injured on the job, contact the law firm of WWF&G at 1-800-WWFGLAW for a free consultation.

Articles

Illinois Man Injured on Construction Site

November 19, 2014 Mike Glisson

A Prairie State Energy Campus worker was hospitalized after a construction accident. The 35-year-old man (his name has not been released) was working on the 13th floor when he was suffered a blow to the head from a piece of metal. John Felchlia, Washington County Ambulance Service Administrator told KMOX News that an on-site rescue team affiliated with the campus immobilized the man on that floor until rescue workers came. He was then lowered by crane to the waiting emergency vehicles.

The man was taken to a St. Louis hospital and his condition has not been released. The U.S. Department of Laborestimates there are approximately 13 injuries per 100 workers in the field of civil engineering construction.

If you or a loved one have been the victim of an accident at work, you may be entitled to compensation. Many of these accidents involve both workers compensation claims as well as additional third party claims. WWF&G handles workers compensation claims, as well as the third party claims that derive from these claims. Please contact WWF&G at 1-800-WWFGLAW for a free consultation.

Articles

Collinsville Illinois Rail Worker Sues Employer for Multiple Injuries

November 19, 2014 Mike Glisson

A Collinsville, IL resident has filed a workplace injury lawsuit against the railway company that had employed him for 40 years.

According to a story published Nov. 23 in the Madison / St. Clair Record, the man sought damages in excess of $75,000 for work-related injuries to his upper body that have affected his ability to work.

The plaintiff claims the injuries were not caused all at once, but rather repeated trauma throughout the course of his career as a rail worker. Hazardous working conditions caused serious damage to his body over four decades.

Injuries occurring on the job can be serious whether they occur on the railroads, waterways, or at everyday jobs. The Illinois Workers’ Compensation Commission Report for 2009 states that 200,000 work-related accidents occur in Illinois in each year, and approximately 55,000 of them are reported to the commission. 1,756 new cases were filed in Collinsville last year, and an additional 1,374 were filed in Belleville.

The attorneys with Williamson, Webster, Falb & Glisson understand the complicated issues that accompany suing an employer due to one or more personal injuries. Situations like this are best handled with professional assistance, as demonstrated by this testimonial from WWF&G client Richard T.:

“The law firm of WWF&G assisted me with a workers compensation claim,” he said. “I attempted to settle my case without an attorney for less than $20,000. The settlement was rejected by the arbitrator, and I hired the firm of WWF&G to assist me with my case. The case was arbitrated, and I received an award in excess of $150,000. Needless to say, I was very pleased with my representation.”

Articles

East Alton Illinois Man Killed At Olin Brass

November 19, 2013 Mike Glisson

Olin Brass in East Alton Illinois was the site of a tragic construction accident on Saturday, July 11, 2009. Michael Niswander died Saturday morning after being struck in the chest by a piece of machinery at Global Brass and Copper.

Reports indicated Niswander was working on a lathe when something – either a piece of lathe or a piece of fastened to the lathe – broke and struck him in the chest.

According to the U.S. Department of Labor, a preliminary total of 5,488 fatalities in the workplace were recorded in the year 2007. Based on these counts, there are 3.7 fatal work injuries per 100,000 workers in the United States, down from 4.0 fatalities in 2006, and the lowest total since the Census of Fatal Occupational Injuries (CFOI) began in 1992.

Our firm has represented injured workers and their families in workplace injuries and fatalities, many which have occurred at Olin and similar industries. Please contact our firm at (618) 462-1077 for a free consultation.