According to the latest survey by the U.S. Bureau of Labor Statistics (BLS), job-related injuries are far more common than job-related illnesses with Healthcare and Social Assistance (544,800 workplace injuries), Retail Trade (401,100 workplace injuries), and Manufacturing (395,300 workplace injuries) topping the list in 2018. 

One of the best ways to minimize the financial burden resulting from a workplace injury and getting proper medical care is through a workers’ compensation claim. However, these are tricky waters. You need to know everything about this claim to reap its rewards. 

Let’s get the answers to a few frequently asked questions about workers’ compensation claim.

1. Why Is It Important?

Whether you are working in the retail sector or the manufacturing industry, work-related injury risks are always present. Business owners are not only required to create a safe working environment, but also assist their employees in case of accidents and injuries. 

In most states, workers’ compensation insurance is mandatory. It protects your employees and their families should an accident happen. The insurance often helps you pay for medical costs, lost wages, and rehabilitation costs. 

It also protects your business as the employee taking the insurance benefit has a limited ability to sue your business for damages. Further, it prevents extravagant out-of-pocket expenses. Providing workers’ compensation benefits can help businesses attract the best talent in their niche.

2. How Many Claims Can I Receive in a Year?

When it comes to workers’ compensation, each claim stands on its own facts. However, as there are too many variables involved, only an experienced Mount Vernon workers compensation lawyer can tell you how your prior settlements may or may not impact your present claim. 

However, each state does have different time limits for reporting work-related injuries and filing your claim. In some states, you have to report the injury or give notice to your employer as soon as practically possible. Other states allow you to do so within 10-to-90 days. 

There is also a deadline for filing the claim, which differs from state to state. It usually falls in the range of one-to-three years from the date of injury. But, you may have up to six years to file your claim in some states. 

3. What Benefits Are You Entitled To?

Under a workers’ compensation claim, you can get the following benefits: 

• • Medical Expenses: These usually include payment for immediate emergency care, medical treatment, and travel expenses for physical rehabilitation.
  • Lost Wages: You usually get a weekly benefit of a third of your average weekly earnings with a time limit of two years.
  • Permanent Injury: If the injury leads to permanent physical impairment, affecting your ability to work, you can qualify for a permanent disability payment.
  • Vocational Rehabilitation: If the injury requires you to take up a new job or profession, you may get retraining or learning benefits.
  • Death Benefits: Your family may get burial expenses and a lump-sum payment in the event of a death.

4. Do I Need an Experienced Compensation Lawyer to Resolve My Case?

Most workers’ compensation claims are complex, especially if you are claiming benefits for a permanent disability or long-term illness. In this case, different variables will govern the outcome of your claim. Further, once you have filed a claim, you lose the right to ask for additional compensation. So, it is better to hire a lawyer specializing in workers’ compensation law. 

Your lawyer will make sure your employer pays all your benefits promptly. They will also take care of all case-related documentation and follow-up until your claim is processed. As lawyers do the leg work, you can focus on your physical and mental recovery, and get your life back on track.

5. Can I Get Workers’ Compensation Benefits Even If the Injury Is My Fault?

Yes! Workers’ compensation is a no-fault insurance system. In other words, you are entitled to rightful compensation regardless of whether yours or your employer’s negligence caused the injury. However, you have to file the claim after the injury as the benefits will not kick in automatically. If you don’t file the claim, you will lose all the benefits. So, make sure to do it within the state-prescribed time limit.

6. Can My Claim Be Denied? What Can I Do in Such a Case?

Yes, your claim may get denied. The most common reasons for the rejection of a workers’ compensation claim are: 

• • The injury is not work-related or you have inadequate evidence to prove that it was work-related.
  • You failed to file the claim in time. 
  • The injury was caused by the influence of drugs or alcohol.
  • You were intentionally trying to hurt someone else or yourself, leading to the injury. 
  • You don’t have workers’ compensation insurance.
  • Your employer is disputing the claim. 

However, depending on the factors involved in your claim, it may get rejected for many other reasons as well. With the help of an attorney, you can appeal the decision to your state’s board of workers’ compensation. You must file the appeal within the given time limit, which may be different from state to state.

Wrapping Up 

A workers’ compensation claim can provide you with quick and easy financial relief should you suffer any injury on the job. Filing this claim won’t be difficult if you know how to do it right. Hopefully, the answers to the above six common questions about workers’ compensation law will help clarify the process. Feel free to contact us to discuss your claim and get personalized advice.

The post Frequently Asked Questions on Workers’ Compensation – Lawyers of Mount Vernon, Illinois appeared first on Hanagan and Mcgovern.

Usually, you can file a personal injury claim for a variety of accidents, ranging from motor vehicle accidents to slips and falls. However, these are tricky waters. You need expert guidance to make sure you get the best possible compensation for the physical and mental trauma you have suffered due to an injury. 

As one of the leading personal injury attorneys in Illinois, we find it necessary to share the basics of personal injury law with you. 

A. Common Types of Personal Injuries

Here are some of the most common types of personal injury claims (in alphabetical order).

1. Assault and Battery

Unlike most other personal injury claims, this one is usually the result of one person intentionally causing harm to another. The authorities may see it fit to start a criminal lawsuit in addition to your claim against the perpetrator. 

2. Defamation

In this type of claim, you can ask for compensation against the financial loss and damage to your reputation or character caused by a negative statement (which is also false) made purposefully or with negligence. 

3. Dog Bites

Whenever a dog bites you or causes any other injury to you, you can file a lawsuit against the owner, seeking compensation for the harm. This law also varies from state to state, with some states having a “one bite” rule. In other words, you should get legal advice from a successful Illinois personal injury attorney if you are filing a claim in Mount Vernon.

4. Medical Malpractice

You can file a medical malpractice lawsuit if you believe a doctor’s or any other healthcare professional’s negligence led to an injury or even the death of your loved one. 

5. Motor Vehicle Accidents

These types of claims arise when you or your loved one is involved in a car accident. However, you need to prove that the other driver was negligent, which resulted in the accident. They are the most common personal injury claims.

6. Slip and Fall

Property owners, and sometimes tenants, can also be held responsible for injuries caused by slip and fall on their property. Owners are legally required to keep their property safe for everyone. Just like any other claim, you will need to prove that the owner or tenant was at fault, leading to your injury.  

7. Wrongful Death 

If the negligence or misconduct of a person causes the death of your loved one, as a family member you can file a wrongful death claim. You need evidence just as you would in a criminal case to file this claim. However, the standard of proof is much lower. 

B. General Personal Injury Claim Process 

Not only does the personal injury law differ from state to state, but each case involves unique factors. As a result, the following process may change depending on your case: 

1. Legal Consultation

The first thing involved in any personal injury claim is to consult an experienced attorney. Make sure to tell the attorney everything in detail. 

You must describe the accident or the cause of injury as it happened. Don’t get carried away and say things that didn’t happen. Trust plays a critical role in an attorney-client relationship. 

2. Investigation 

Although you have shared all the details of your case, the lawyer will still investigate your claim. It usually involves checking your medical bills and records, insurance, police reports, your employment history, and video footage. 

They will also check the background of the perpetrator and any other documents related to your case. The primary goal of your attorney at this stage is to find out how much compensation you can claim. That’s why it is essential to work with an honest and experienced lawyer. 

3. Calculate the Damages 

Once your lawyer has all the facts related to your case, they will prepare a demand letter. The demand letter outlines your case and mentions the detailed compensation you are seeking from the other party. After the other party receives the letter, the following three possibilities arise: 

a) Acceptance  

If the other party accepts your demands, you don’t have to go to trial. In exchange for the compensation, however, you have to waive off the right to sue the opposition in future. 

b) Counteroffer 

If the opposition doesn’t find your demand reasonable, they will usually make a settlement offer of their own. You can either accept or reject it. However, rejection often means taking your case to trial. 

c) Rejection 

If the opposition rejects your settlement offer, you have no choice but to go to trial. 

4. File the Lawsuit 

As the opposite party has rejected your settlement offer, your lawyer will file the claim in the court, after which trial will start.

5. Discovery 

Before commencing the trial, both parties need to share their respective evidence, which is called discovery phase. It allows both parties to study each other’s cases and evidence before the trial.

6. Mediation 

As the last resort to avoid a trial, courts often ask both parties to go through the process of mediation. Mediation often involves a court-appointed mediator (a current or former judge) who oversees the process. 

Both parties try to solve the claim through amicable discussion during the mediation. You must, however, have your attorney present during all mediation sessions. 

7. Trial 

If all efforts to process the claim through mutual discussion fail, your case will go to the trial. At this stage, the jury will examine the evidence, witnesses, and arguments presented by both parties to come to the final decision. 

Remember, no one can guarantee the outcome of a personal injury trial. However, having an attorney with a good track record can help. Also, trials can be relatively expensive and time-consuming. 

8. Appeal 

Either party can choose to appeal the case to the higher court if the result is not in their favor. The process of a personal injury claim appeal and its limitations vary from state to state.

Conclusion

You can make a personal injury claim to get financial compensation to pay off your medical bills, rehabilitation costs, court fees, and other expenses related to your injury. However, you must first understand what a personal injury claim is and how the process works. Hopefully, this post will help clarify your basics in this regard. To discuss your case and its potential scope, feel free to get in touch with us.

The post Illinois Personal Injury Attorney Explains the Common Types and the Claim Process appeared first on Hanagan and Mcgovern.

There are, however, a few common elements that may apply. 

Let’s begin by understanding the various types of hand and finger injuries. Like most wounds, finger injuries vary by their severity. Some of the most common injuries plaintiffs tend to suffer include:

• Injury to fingernail or nail bed
• Dislocation
• Bone fracture
• Nerve injury
• Laceration of skin, blood vessels, and tendons
• Amputation
• Tendon strains
• Ligament sprains

Common Reasons for Hand and Finger Injury Claims

• Injuries suffered due to a slip, trip or fall.
• Tendon, ligament, and muscle damage as a result of using dangerous machinery at the workplace.
• Vibration white finger/carpal tunnel syndrome when using vibrating machinery.
• Injury sustained due to repetitive actions such as use of a keyboard without appropriate wrist support.
• Injuries suffered due to raising of hands to protect yourself in a road accident.
• Injuries from using defective products.
• Injuries as a consequence of partaking in sporting activities such as football, rugby, cricket, and so on. 
• Injuries taking place in schools and nurseries. 

The worker compensation for hand injury will depend on the severity of your injury and the long-term effect it will have on your life. If you plan to file an injury compensation claim, you will need to prove negligence on the part of those responsible for your injuries. This will be followed by negotiating liability and compensation.

Filing a Finger Injury Compensation Claim

Be sure to seek medical treatment immediately after receiving the wound. Every treatment you undergo for your injury will be documented in your medical file. These documents can be presented as evidence at the time of pursuing your claim. 

If you have suffered a finger injury at your workplace or while performing work-related tasks, make sure it is recorded in the company’s accident register and the relevant authorities are notified. 

It helps to have photographs of the accident site where your finger injury was caused. Apart from this, records of inadequate training, details of insufficient protective clothing and risk assessments, witness statements, and copies of the company’s accident register can help strengthen your claim.

How Soon Should You File a Finger Injury Compensation Claim?

The time frame for claiming for finger injury compensation is three years. However, it is recommended to file your claim at the earliest opportunity possible. 

There have also been instances where plaintiffs have suffered from injuries like the vibration white finger, wherein the diagnosis took several years. As a result, the three-year time frame began only after the diagnosis was made and received by the injured party. 

While the claim can be filed as soon as possible, this is not always possible due to factors such as diagnosis, treatment, and personal circumstances. However, plaintiffs can breathe easy knowing that they can file for their finger injury claim even after the completion of the three-year window period.

Proving Liability in a Finger Injury Claim

As far as sustaining finger injuries at the workplace is concerned, it is the legal responsibility of all employers to safeguard their employees from hazards that may harm them. A workplace finger injury is usually paid out by the worker’s compensation carrier. The sum of compensation varies from state to state. Generally, if the plaintiff is not completely disabled by the injury and does not have huge medical bills, the compensation payment may not be very high.

In order to file a finger injury compensation, you will need to prove the following:

• The accident was caused due to the negligence of a third party.
• The finger injury caused was the direct result of the accident.
• The accidents worsened the state of a previous finger injury. 

Determining the Settlement Value of a Finger Injury

It is important to consider the following when determining the settlement value of a finger injury:

• The employee’s average wage before sustaining the injury.
• Whether or not surgery was necessary to treat the injury.
• If the injured employee required additional treatment.
• If the employee has sustained permanent damage or impairment to the finger.
• If the employee needs to follow any permanent restrictions owing to the injury.
• If pain management was necessary to treat certain conditions.
• The finger that was injured.
• Whether or not amputation was necessary.

Many a time, employees sustain injuries to other parts of their body in addition to the finger injury. This factor goes a long way in determining the value of your claim. For instance, you may have hurt your wrist, elbow, arms, or shoulders in the accident at your workplace. The settlement value of your workers’ compensation will rest on every additional injury that you sustained. 

If you are unsuccessful in negotiating a fair workers’ compensation settlement for your finger injury, you may still be entitled to a lump sum payment. If your doctor determines that you will have permanent damage to the finger due to your workplace injury, you should speak to a workers’ compensation attorney immediately. You may be entitled to permanent partial disability benefits. The value of these benefits will depend on the overall impairment caused to your injured fingers.

Conclusion

Irrespective of the type of finger injury you have suffered at your workplace, you are entitled to be compensated by your employer if it has left you disabled. The value of the settlement may vary from state to state, which is why you will do well to have a qualified and experienced attorney by your side. Only a skillful lawyer will be able to guide you properly at the time of the filing process and see to it that you receive the compensation you deserve. 

The post How Much Compensation Can You Expect for a Finger Injury? appeared first on Hanagan and Mcgovern.

The first few days after the accident are crucial for collecting as much information/proof as possible from the scene of the crash. Pursuing a personal injury entails knowing about what kind of evidence is needed and how it should be collated. The victim may, therefore, seek professional assistance from experienced personal injury lawyers.

Here are a few types of evidence that should be looked for after a personal injury has occurred.

1) Evidence from the Scene of Accident

In an accident, fault can be proven with the help of physical material gathered from the site of crash. Physical material provides an understanding of the severity of the accident. For example, the extent of damage to a car can help demonstrate the intensity of the impact, and bloodied clothing can reflect the level of the physical injuries sustained. These type of physical evidence help determine the type and amount of damage that has resulted from the accident.

Further, an accident may not necessarily have happened due to the negligence of another person. It can also be caused by bad roads or rough weather conditions. In these cases, the role of evidence like skid marks, broken glass or bad roads is understood only after reaching the scene of the accident. It is, therefore, best to look for these clues at the spot of the accident.

2) Documentation of Injury

The evidence required to proceed with a personal injury case should be documented appropriately. This includes medical information, insurance details, treatment and other bills, and related statements. These documents will give a fair understanding of the settlement that should be provided for the damage caused. If any equipment has been damaged, appropriate bills and paperwork detailing the repair along with photographs of the damaged equipment will provide an insight into the same and strengthen the case.

3) Witnesses for Testimony

Witnesses from the scene of accident play an important role in the personal injury case. They may be third-party spectators or family members who have witnessed the accident. They will be able to furnish accurate details about what actually happened and caused the accident. Testimonials can also be obtained on paper or through recordings.

4) Photos and Videos

Photographic and video evidence is critical and can be highly beneficial to the defendant. This type of evidence is considered reliable and helps lawyers to recreate the crash situation in front of the jury. Videos and photographs from street cameras can provide accurate information about any malicious activity that resulted in personal injury from an accident.

5) Evidence from Emergency Services

Though not all accidents will need the care and attention of emergency services, there may be cases wherein injuries can be serious. Individuals associated with emergency services are unbiased and factual. They witness the entire series of incidents post the crash, which is why their accounts are necessary when trying to prove negligence.

Including evidence from members of emergency services can be an advantage as they are experienced in providing information. They will not fail to furnish important details, cannot be bullied by the at-fault party, or be intimidated by legal representatives.

6) Medical Examinations

In several personal injury cases, the injuries are not evident as soon as the accidents occur. Victims may overlook the need to check with a doctor for internal injuries. In accidents that include collisions and head injuries, there are chances of suffering concussions. This injury creates discomfort days after the accident occurs. In these cases, medical reports from an experienced doctor will help in a huge way to prove physical and mental injuries associated with the accident.

7) Lost Wages

If the victim has not been able to return to work due to the personal injury, he/she may be entitled to receiving the wages for the number of missed working days. If the victim has been advised rest, he/she must obtain a written note from the doctor about this.

The victim must also ask his/her employer for a letter mentioning the number of days missed at work due to the injury. If vacation or other leaves have been used, the employer must necessarily include this in the statement.

This information will add value when presenting a personal injury case in the court of law.

What Should Be Done after Collecting Evidence?

All evidence that has been collected should be preserved safely. Altered evidence is not considered viable during trial.

A few things to take care of once evidence has been collected include:

• Categorize and organize the evidence. This will make it easier to handle and reproduce them during trial.
• Ensure to keep the evidence confidential and private.
• Make sure not to share details about the claim or personal injury on social media. Sharing intricate details may have a negative impact on the proceedings of the case.

How Does a Personal Injury Lawyer Help?

If the personal injury case is straightforward, it may proceed smoothly and fair compensation for the damage caused may be obtained. However, seeking intervention from an experienced personal injury lawyer may be most helpful. 

An experienced local lawyer will present the evidence most favorably and fight to help you obtain fair compensation. If a car accident has occurred in Mount Vernon, for example, attorneys from the Mount Vernon car accident law firm can help in the appropriate representation of the case based on the laws of the state. 

Wrap Up

Dealing with personal injury is physically and emotionally demanding. Though it is tough to make the right decisions, it is important to compile as much as evidence as possible to prove the negligence of the defendant. The above-mentioned tips will help you understand the different kinds of evidence that can be helpful and how they can be collected.

The post 7 Tips on How to Build Evidence and Prop a Personal Injury Case appeared first on Hanagan and Mcgovern.

Amid these changes, it can be extremely challenging to provide a stimulating and healthy work environment to employees. 

The Bureau of Labor Statistics External reported that 31% of nonfatal occupational injuries in 2015 were related to musculoskeletal disorders.

Offices make use of several electronic devices desktops and laptops as well as furniture such as chairs and desks/tables. Understanding potential ergonomic issues and incorporating proper work practices for the improvement of ergonomic conditions can help boost comfort and productivity at the workplace.

What Is Office Ergonomics?

The National Institute of Occupational Safety and Health defines ergonomics as designing the workplace in a way that fits the capabilities of the workforce. This includes the appropriate design of equipment, work layouts, and work environment. They should match the capabilities of the workforce to help lead productive and healthy lives. 

Differences in job tasks and body sizes among employees should be accommodated so that job hassles, soreness, and potential injury can be avoided.

The Occupational Safety and Health Administration, OSHA states that adapting tasks, workstations, tools, and equipment to suit workers helps reduce physical stress on a worker’s body. It also helps eliminate work-related Musculoskeletal Disorders (MSDs).

What Are Ergonomic Injuries?

Ergonomic injuries or musculoskeletal disorders (MSDs) are soft tissue injuries of the muscles, nerves, tendons, ligaments, joints, cartilage, blood vessels or spinal discs. They are as a result of gradual exposure to risk factors. Prolonged exposure to risk factors can result in the body’s reduced ability to function properly and heal.

The three primary ergonomic risk factors that cause MSDs are:

• Improper Postures

Postures that lead to the bending of joints in positions that can lead to injuries must be avoided in the place of work. For example, slouching or leaning forward in the chair, holding the phone between the ear and shoulder, constantly bending while performing actions, and reaching over to access input devices.

• Heavy Force

Constant force applied on muscles may result in ligament strains, swelling, and fatigue. Repetitive tasks like holding folders, operating a mouse or typing on a keyboard can also result in injuries.

• Prolonged Exertions

Prolonged exertion can occur when the muscles hold the body in a particular position for a longer duration. This results in muscle tension. For example, staring at the monitor or sitting in a fixed posture for an extended period of time without breaks.

It is important that employers educate their staff about these ergonomic risks and provide appropriate solutions like appropriate seating arrangements and other equipment to curb related health issues. Furthermore, employees must ensure that they strictly adhere to the SOP provided by the employer to avoid injuries.

Here are a few ergonomic considerations that will help identify and reduce injuries among office workers.

1. Identify Ergonomic Challenges

This three-step process will help identify ergonomic challenges in the workplace:

• Closely observe the workplace.
• Conduct formal risk assessments to identify and document risks.
• Try to find a workaround.

2. Deal with Ergonomic Issues

Find below a few ways to correct ergonomic issues at workplace.

• Eyes to Source

1. 1. Adjust the height of the computer’s monitor so the top of the display is at the same line or slightly below the user’s eyesight.
   2. Ensure to place the monitor at an arm’s reach. If there is a problem due to reflected glare, tilt the screen of the system slightly forward.

• Hands and Input Devices

1. 1. Place the keyboard in a way that the upper arms and forearms are comfortable when using it. Ensure that the elbows are placed at a 90 degree.
   2. The mouse or input device near the keyboard should be at the same level as that of the keyboard. 
   3. Make sure that the hands and arms are comfortably placed while typing. 

• Body to Chair

1. 1. The feet should rest on the floor with two-finger space between the chair and back of the knee.
   2. Make sure that the seat is moved backward until it supports the entire back.
   3. Raise the seatback until the lumbar bulge fits into the lumbar curve at the back.

• Feet to Floor

1. 1. Feet should be placed flat on the floor or an appropriate footrest. Make sure not to sit on the legs or prop them on the chair legs.

3. Healthy Habits to Consider

A few healthy habits that help reduce exposure to ergonomic risks are:

• Vision Breaks

Vision breaks can last a few seconds and should be repeated throughout the day. Periodically, look away from the monitor and focus on something that is placed at a distance. Ensure to follow the 20-20-20 rule. Look approximately 20 feet away every 20 minutes for 20 seconds.

• Regular Breaks during Tasks

Shuttle between activities to reduce ergonomic risks. For example, take a break from typing by making calls, filing documents or making copies. It is ideal to take a 5-minute break after an hour of typing.

• Stretch Breaks

Stretch to get relief from prolonged postures, but not to the point of pain or discomfort.

• Work Practices

Modify work procedures to avoid uncomfortable postures. Adhere to Standard Operating Procedures (SOP). Use equipment that is best suited for particular tasks. 

Also, ensure to do the following:

1. 1. Get properly trained to recognize work-related Musculoskeletal Disorders (WMSDs) risks and to take appropriate action to reduce exposure to the risks.
   2. Obtain knowledge about SOPs and correct use of equipment.
   3. Encourage colleagues and immediately report equipment deficiencies to maintenance and management personnel.

4. Legal Ways to Deal with Ergonomic Issues at the Workplace

According to the General Duty Clause, Section 5(a)(1), it is important to keep workplaces free of ergonomic risks that can result in improper posture, repetitive tasks, and prolonged exertion. 

The current system does not hold employers liable for the consequences of ergonomic issues in the workplace explicitly. The injured employee will need to prove that injury or damage has been caused by the scope of employment to obtain fair compensation.

If you are working for an employer in Mount Vernon and are experiencing ergonomic issues at your workplace, you can consult a Mount Vernon workers compensation lawyer for further legal assistance. Only an experienced lawyer will help you hold your employer accountable if they deny the responsibility or if the claim is rejected.

Based on the General Duty Clause, OSHA uses the following basic criteria to analyze an ergonomic issue: 

• If an ergonomic hazard exists.
• Whether that particular hazard is recognized.
• If the identified hazard is impacting the employees.
• If there are ways to curb the ergonomic issue.

Wrap Up

Ergonomic considerations are an important part of workplace safety. Prolonged exposure to these concerns may result in heavy damage to the physical and mental health of employees. It is, therefore, important for both the employees and employers to pay due attention to these considerations. The above-mentioned information will help in the identification of and curb ergonomic issues along with nurturing a healthy workforce.

The post 4 Ergonomic Considerations That Help Reduce Injuries among Office Workers appeared first on Hanagan and Mcgovern.

It is always best to consult a lawyer before filing a personal injury claim. However, the question that remains is – which lawyer should you hire? After all, you will work with him/her closely and need to feel comfortable disclosing your details to him/her.

It makes sense to interview a few lawyers before zeroing in on the right one.

Mentioned ahead are a few questions to ask potential personal injury attorneys.

1) What Kind of Cases Do You Handle on a Daily Basis?

A lot of lawyers are actually general practitioners. They dabble in every area of law, including personal injury. This does not mean they specialize in personal injury practice, but that they do handle these kinds of cases occasionally.

Hiring a general practitioner may not be the best idea for a victim of personal injury. Ideally, you should go for a lawyer who has specialized in personal injury law and deals with related cases on a regular basis. Only he/she will know it in and out and will be capable of getting you the best results.

Think of it as deciding on a doctor. You wouldn’t hire a cardiologist or a general practitioner to perform orthopedic surgery!

2) Have You Previously Handled Cases Similar to Mine?

Asking this question is crucial. A lot of people make the mistake of assuming that the personal injury lawyer has already handled a case like yours. This presumption, however, is rarely correct.

Ask all prospective lawyers about their prior experience in dealing with personal injury cases and the results obtained. If you’ve been in a car accident, for example, you don’t want to end up hiring a personal injury attorney who has worked only on medical malpractice lawsuits.

3) Do You Have Jury Trial Experience?

People tend to harbor the notion that all personal injury lawyers frequently try cases in court. This is another myth. In fact, a lot of lawyers who claim to be trial lawyers or personal injury lawyers have little-to-no jury trial experience. This is why it is important to ask your prospective lawyer if he/she has tried in court, and if so, how often.

Know that insurance companies will try to find out which lawyer will represent your case and if they have jury trial experience. They do so to evaluate their risks, especially in the case of serious claims.

If the insurance company discovers that your lawyer will not hesitate to try your case in court, it will be more flexible during settlement negotiations. On the other hand, a lawyer who always settles and never goes to court will get you only the minimal settlement that the insurance company agrees to pay.

4) Who Will Handle My Case?

You will do well to find out if the lawyer you met will actually be working on your case or hand it over to someone else in his team. Once you know who will handle your case, you need to gauge his/her skills and experience.

Also, inquire if the lawyer who will work on your case is well-versed with the laws of your resident state in the US. If you live in Illinois, for example, look for an Illinois personal injury attorney. Only such a lawyer will know what statutes apply to your case and which regulations can work to your advantage.

Please know that there is nothing wrong with more than one lawyer working on your case. The top lawyers usually work with teams of lawyers who handle different aspects of the case. Senior lawyers may routinely delegate certain basic functions to junior lawyers. It is best to ask how the lawyer and his team functions.

5) How Often Do You Win Favorable Verdicts and Settlements?

You want to ask these questions because you want to associate with a lawyer who has a high rate of successful case outcomes for clients. Such an attorney is obviously well-versed with personal injury law, knows how the legal machinery works and has the necessary negotiation skills to bring you the desired results.

Ask your lawyer about how many personal injury cases he/she has handled and how many of these have been won/lost. Also, ask how many cases have been closed by settling and how many have been tried in court. This information will help you understand whether or not the lawyer is dependable.

6) Do You Work on a Contingency Basis?

Most often, the majority of personal injury lawyers will not charge you directly for their services, but take a part of the money you receive as settlement or a positive outcome at trial. This system of fee payment is known as a contingency, where the lawyer gets paid depending on (or contingent upon) you receiving the amount due to you.

In fact, a lot of personal injury attorneys also pay for doctor’s visits and other expenses before you have been compensated for your injuries. Do note that if an attorney charges an hourly fee, it can become extremely expensive for you at a time when your medical bills may also be swelling.

7) What If the Case Is Lost?

It is only natural to wonder as to what will happen to the money that you spend if you lose the case. In some jurisdictions, lawyers are allowed to promise the client that they will not have to bear the lawyer’s out-of-pocket expenses.

Other jurisdictions, however, prohibit this and hold the client responsible for every case-related expense, whether they ultimately win or lose. But even in those jurisdictions, some lawyers do ask clients for reimbursement of their expenses.

8) Are You a Member of Reputed Legal Organizations That Represent Injured People?

Whether it is at the national or the state level, certain legal organizations comprise several lawyers who are committed to serving victims of personal injury. The most prominent organization is the American Association for Justice (or AAJ).

These organizations sponsor several legal publications and educational courses. They also conduct lobbying activities for championing consumer rights. Hiring a lawyer who belongs to such groups will be a prudent move on your part.

9) Can You Provide References to Your Past Clients?

Make it a point to ask for references so you can better gauge the genuineness of potential lawyers. Any confident and truly accomplished lawyer will never hesitate from providing references from past clients. Their feedback can prove to be a good indicator of whether or not they were satisfied with the attorney’s performance. Their reviews will also help you understand the quality of the results obtained and the time taken to close the case, among other concerns.

Conclusion

Choosing the right lawyer to represent your claim and win the desirable verdict is no walk in the park. From having considerable trial experience to aggressive negotiating skills, you need to ensure you have a skilled person fighting on your behalf. Hopefully, asking the above-mentioned questions to prospective personal injury attorneys will make it easy for you to make an informed decision. Good luck with your case!

The post Ask Personal Injury Attorneys These Important Questions before Hiring One appeared first on Hanagan and Mcgovern.

Certain types of accident injuries necessitate the involvement of a lawyer. When choosing one for yourself, ensure he/she is aware of all the laws of the state you reside in. If you reside in Chicago, Illinois for instance, you will have to pick a skilled Illinois personal injury lawyer. Only a local lawyer will know the ins and outs of the laws applicable to your case in your state. He/she will work accordingly to obtain the evidence and the compensation you deserve for your injuries and treatment.

Here are a few factors that will help you determine when you should hire a personal injury lawyer for your case:

● Severity of Your Injury

If your injury is minor, and you have the time as well as the resources to work on filing a compensation claim and working through the insurance process, you probably won’t need a lawyer. However, you should waste no time in hiring a lawyer in case of a major injury that has caused you to pain for over a few days and requires a great deal of medical attention.

This is particularly true if you were hospitalized or needed surgery, therapy, rehabilitation, and more during the course of your treatment. Medical claims also cover the costs of past and future treatment. An experienced personal injury attorney will thoroughly evaluate your case and represent your cause in a compelling manner in court.

● Responsibility of the Injury

In some cases, accident victims suffer injuries or face situations involving the death of a loved one due to someone else’s negligence or careless actions. In such scenarios, it is imperative to consult a personal injury lawyer. By law, proving fault involves applying certain standards to the evidence gathered. An attorney will help you strengthen your claim and guide you in gathering and preserving the evidence.

● Involvement of Insurance Company

Insurance companies work with claims adjusters and representatives to cut their losses by minimizing the compensation amounts to be paid to injury victims. If an insurance company representative asks you for your recorded statements, medical history, and any other information, you should only inform him/her that you’ll be contacting an attorney.

More often than not, claims adjusters try to elicit statements from the victim to undermine his/her claim, which is why you should never sign any documents until your attorney has studied them. You may also end up signing blanket authorizations that permit adjusters to access your medical history so they can blame your injury on a previous incident. This, in turn, will weaken your claim to a great extent.

Insurance adjusters may also call you to get other kinds of information that helps them reduce or even deny your payout. This can also happen when you’re dealing with your own insurance company if an uninsured motorist is involved. It is always best to consult a personal injury attorney than getting entrapped by insurance agencies.

● Co-Operation Extended by Insurance Company

Insurance companies will typically use every trick in the book to try and avoid paying victims of personal injury. This may include unreasonable and unexplained delays in the claims process, denial to pay you, and making extremely low offers even if your injuries are severe.

The fact is that insurance companies that partake in bad-faith negotiations may probably be liable to you for doing so. Fortunately, personal injury lawyers know of these dirty tactics and the ways to maneuver them to get you the compensation you rightfully deserve.

Even in cases where the accident occurred due to the other party’s recklessness, an insurance company may try to dispute liability. This is done to trick people into thinking that your claim is bogus or worth much less. You should certainly speak to a personal injury lawyer if the liability is being disputed. He/she will help you gather the evidence needed to prove liability and suggest the next steps.

● Your Understanding of the Legal and Settlement Procedures

In order to handle your own personal injury case successfully, you will need to have a thorough understanding of the legal intricacies involved in your claim and the settlement process. Receiving a fair amount in the settlement requires expert negotiation skills along with exhaustive legal knowledge, especially when dealing with cases are highly complex. Further, you will need to know how to decipher your medical records accurately to determine the value of your claim.

If you’re not sure you can manage these things, you should make it a point to talk to a personal injury attorney. Only a skilled and experienced lawyer will be to determine the actual value of your claim. Also, most insurance companies do not offer compensation for intangible losses such as pain, suffering, loss of companionship, and more. An attorney may be able to get you compensated for this kind of non-monetary losses as well.

Conclusion

Engaging the services of an experienced personal injury lawyer will prove to be a smart and a morale-boosting move on your part. Your attorney will be able to ensure that you’re fairly compensated in accordance with the law. He/she will also take the burden of dealing with insurance companies off of your shoulders. If any of the above pointers are applicable to you, do not hesitate to get in touch with an able personal injury lawyer as soon as possible.

The post When Should You Hire a Personal Injury Lawyer? appeared first on Hanagan and Mcgovern.

Unfortunately, most small businesses can neither afford to find a replacement for the injured employee nor have the resources to fight an expensive and time-consuming workplace injury claim.

That’s where the workers’ compensation comes in. It makes the cost of a workplace injury more predictable for the employer and ensures the right medical treatment and swift recovery of lost wages for the employees.

Let’s learn a bit more about workers’ compensation.

1) Workers’ Compensation Explained in Brief

Workers’ compensation is a type of insurance that provides your employees with medical benefits and wage replacement if they suffer a workplace injury, disability, or illness. Usually, it covers the following:

• Wage replacement.
• Cost of medical treatment such as medicines, surgery, hospitalization, therapy, and any other treatment
• Cost of rehabilitation if the accident leads to long-term injury.
• Death benefits, to be paid to your employee’s family members or dependents in the event of their death.

It also protects employers as workers have to give up their right to sue their employer for negligence if they opt for workers’ compensation. Most employees are likely to give up their rights to sue in exchange for guaranteed compensation.

However, workers’ compensation doesn’t cover the following:

• Injuries or illnesses occurring outside of the workplace. For example, a welder can receive compensation if he’s injured on a work-site. But, he is not entitled to it if he gets injured when driving to his work-site.
• Workplace injuries inflicted when committing a crime. For example, you can’t claim compensation if you were injured when stealing from your workplace.
• You can’t claim compensation for self-inflicted injuries or illnesses or even injuries resulting from violating company policy or workplace rules. For example, an employee injured during welding due to not wearing proper protective gear is not entitled to this compensation.

2) Who Regulates Workers’ Compensation?

In the United States, workers’ compensation comes under state regulations. Although the U.S. Department of Labor has the Office of Worker’s Compensation in place, they provide compensation only for federal employees, longshoremen, and coal miners. Every other kind of industry and business falls under state regulations.

The regulations vary significantly from state to state. While some state governments have made it mandatory to provide workers’ compensation, others have made it dependent on the number of employees you have. You may also come across diverse compensation policies for the same type of injuries in two different states.

To get an in-depth view of workers’ compensation in your state, you will need to reach the state’s insurance department. If you ever have to face a workers’ compensation lawsuit or file one yourself, connect with a local attorney. For example, if your business was located in cities like Springfield or Chicago, hiring workers compensation lawyers in Illinois would be the best idea.

3) Where Can You Get It?

As a business owner, you may have purchased general insurance for your business. You can buy a workers’ compensation policy from them. However, you will need to buy it separately. Most private insurance companies also offer cost-competitive workers’ compensation policies.

Sometimes, they may also offer special packages for small businesses. Some states also offer this insurance by the state or both. If you can’t find a suitable private insurer, you can always try a state-owned insurance program.

Alternatively, you can buy workers’ compensation insurance online. It is easier to get quotes for your insurance policy and compare them online. It can help you find a cost-competitive package.

4) Understanding the Cost of Workers’ Compensation

Several different factors such as the size of your business, the number of your employees, the level of occupation risk, and the location of your workplace will affect the cost of your insurance policy. The regulations set by the state and local governments may also affect the cost of your insurance policy.

Depending on these factors, it can cost you as low as 10 cents per $100 of payroll or even exceed $29 per $100. The traditional workers’ compensation insurance models require you to pay a lump sum annually, putting your cash flow management at risk. As a result, buying this insurance is a significant financial concern for most small business owners.

However, pay-as-you-go workers’ compensation can help you avoid lump sum insurance payments. In this model, you pay the premium based on each payroll you run. You can also automate your payments, minimizing the risk of losing the coverage. As this payment is not an estimate, you also end up paying the most accurate cost for the coverage.

5) How Does It Work?

Workers’ compensation comes with two primary obligations:

• Employers have to carry insurance. Failure to do so may result in fines and a personal injury lawsuit by the injured worker.
• Injured employees, on the other hand, must report their injuries to the employer within the stipulated time. The reporting period may vary from time to time.

Once the injury is reported, the injured employee must seek medical treatment immediately from the approved healthcare facility or professional. The employee needs to file the claim as soon as possible after the initial treatment.

As the business owner, it is your responsibility to share the right forms and guide the employee through the claims process, if needed. Once the claim is approved, your employees will start receiving benefits such as medical expenses, rehabilitation costs, and lost wages.

Depending on the recommendation of a medical professional, the employee can return to work. If not, they will get the maximum amount of compensation they are entitled to as per the policy. As an employer, you will be kept in the loop throughout the process.

Parting Words

Having workers’ compensation insurance doesn’t mean your workplace is not safe anymore. It means you are proactively protecting your business as well as your employees should any unfortunate event occur. Just make sure to take a close look at the state and local laws and compare different policies to make sure you are investing in a suitable one. If you ever face any workers’ compensation-related litigations or need legal advice, feel free to drop us an email.

The post Workers’ Compensation 101 for Small Businesses appeared first on Hanagan and Mcgovern.

Simply copy & paste this code to embed this infographic on your site:

Industrial Accidents in Illinois and How to Prevent Them – Designed by <a href=”https://www.hmcomplaw.com/”>Hanagan & McGovern</a></p><br /> <p><br/><a href=”https://www.hmcomplaw.com/illinois-industrial-accidents-and-prevent-them”><img src=”https://www.hmcomplaw.com/wp-content/uploads/2019/09/Industrial-Accidents-in-Illinois.jpg” alt=”Illinois Industrial Accidents and How to Prevent Them” width=’900px’ border=’0′ /></a>

The post Industrial Accidents in Illinois and How to Prevent Them appeared first on Hanagan and Mcgovern.

What Is Workers’ Compensation Settlement?

With regard to the workers’ compensation insurance, a settlement is said to have taken place when the worker decides to end a current compensation court case, thereby setting the company free from paying the ongoing weekly benefits and medical expenses in exchange for a set amount of money. The amount is a combination of the continuing benefits as well as medical treatment. Once the settlement is done and the case is closed, it can’t be re-opened.

It’s only if the judge recognizes that you clearly understand the terms of the settlement and that it works best in your favor will your settlement be approved.

What Are the Different Types of Workers’ Compensation Settlement?

The main categories under workers’ compensation settlements are:

• Lump Sum Settlement: In this, an employee receives the money to cover the current and future medical costs all at once. The right to receive more money for the current injury is waived.
• Compromise and Release Settlement: This is when an employee accepts the payment as full coverage of the claim, leaving them with no right to availing future benefits.
• Structured Settlement: The conditions are similar to that of a compromise and release settlement, except that the employee receives the payments over a structured schedule.

What Are the Factors That Affect Workers’ Compensation Settlement?

The benefits you receive from the workers’ compensation settlement depend on a number of factors. Be it workers’ comp settlement in Mount Vernon or in Chicago, it will include the following factors:

• After being injured at the workplace in a way that leaves you unable to continue working, you’re entitled to a weekly/biweekly check for lost wages. The money that the insurance company is required to pay you each week will depend on two factors, your average wages and the corresponding rate from the workers’ compensation.
• The more serious your injury, the higher the compensation you will receive. If your injury completely prohibits you from returning to work, the weight of your case will likely increase.
• If you’ve been injured in a manner that requires current and future medical treatment, your case becomes worth a lot more. Ongoing medication and physical therapy are equivalent to a jump in the settlement value.
• The attorney you hire and the judge deciding your case can change a lot of things for you. Therefore, it’s crucial you choose an attorney who is well-versed in handling settlement cases.
• A credible doctor can also help you win the case. Someone who testifies in your favor regarding the amount and benefits you’re supposed to receive from your claim will help sway the judgment in your desired direction.

How to Calculate Workers’ Compensation Settlement?

Before calculating the amount of your workers’ compensation settlement, obtain the necessary documents such as your accident report, medical records, and witness statements. It is best to wait until there’s a considerable improvement in your health so that the compensation you receive is fair and will cover all the expenses.

The final medical record will estimate as to how much of your body has healed and determined the compensation depending on the percentage of impairment. The higher the impairment and the longer the healing time, the more compensation you stand to receive. Gathering documents regarding your medical expenses will also help work out the settlement amount.

The calculation also considers the wages you’ve lost due to the injury as well as the physical loss such as impairment of a limb, hearing loss, and so on.

What Are the Advantages and Disadvantages of Accepting Workers’ Compensation Settlement?

When deciding whether or not to settle for the proposed workers’ compensation, several things need to be kept in mind. It’s best to weigh the pros and cons before making a decision.

Pros:

1. If the settlement amount is fair and you’re certain of the medical expenses your future will hold, it’s best to accept the proposed amount right away.
2. Settling early on will save you from the physical stress of going to trial.
3. Going to trial doesn’t guarantee that you will win the case. A settlement has fewer risks.

Cons:

1. The proposed amount doesn’t always compensate for all your losses. It is better to go to trial if you think the payment is insufficient.
2. Settling means giving up the possibility of receiving money for future medical treatments that you may possibly need.
3. A case settlement means having no rights to appeal the amount, whereas an award can be appealed at trial.

What Are the Benefits of Workers’ Compensation Settlement?

Some of the benefits an employee is entitled to under workers’ compensation settlement are as follows:

• You will receive all the medical care you need to recover from the injury. This includes compensation for all the medical bills, prescriptions, and trips to the hospital.
• If you need to take time off work due to the injury, you will receive temporary disability payments. Partial compensation for lost wages is included in this payment.
• In case your injury leaves you unable to come to work at all, your company will have to provide monetary compensation for permanent disability. This happens if the injured isn’t able to compete anymore in the labor world.
• Vocational rehabilitation is provided to those who aren’t able to return to their previous job. A partial income is given to the employee during this period.
• After the employee returns to work, workers’ compensation benefits will be stopped if he/she is receiving equal or greater wages compared to the time before the injury. Wage loss benefits will be provided, at a lesser amount, if the employee is experiencing a wage loss due to the injury.

Frequently Asked Questions about Workers’ Compensation Settlement

Some of the most common questions regarding the workers’ compensation settlement are as follows:

Q1. What does Workers’ Compensation Settlement insurance cover?
A1. It covers medical expenses, lost wages, current care costs, and also funeral expenses.

Q2. What does Workers’ Compensation insurance not cover?
A2. It doesn’t cover injuries caused due to a fight started by the employee, the employee being intoxicated, injuries received intentionally, and emotional damages unrelated to workplace trauma.

Q3. How much will I get paid for Workers’ Compensation Settlement?
A3. This depends primarily on the degree of the injury and the extent of disability.

Q4. What factors are considered for Workers’ Compensation Settlement?
A4. The severity of the injury, future medical costs, your pre-injury wages, and your ability to work in the future.

Conclusion

Workers’ Compensation settlement is a fair deal that not only lets you afford the current medical attention you need for your injury but also handles any future expenses you may need to incur. Your lawyer should be able to guide you through this maze. If you have a strong case in your hand, it is best not to settle. But, if you want to save yourself the hassle of working through a long trial that may or may not end favorably, a settlement may be the best option for you.

The post How Does Workers’ Compensation Settlement Benefit the Employee? appeared first on Hanagan and Mcgovern.