Workers' comp Archives - Law Offices of RF Wittmeyer, LTD

What To Do If You Are Injured at Work?

November 5, 2018 By R.F Wittmeyer

No one wants to get injured at work. However, on occasion, injuries happen. If you have suffered an injury at work, you need to understand your state’s worker’s compensation laws. If you suffer a job-related injury, protect your legal rights. Nearly every employer is required by state law to provide some sort of workers compensation to their employees.

Accident Report

The first thing you should so after being injured is report immediately to your supervisor. Many states only allow a short period of time to report your accident under workers compensation. Some states require a notice to the employer in writing, while others accept a verbal notice. Employees should report all on-the-job injuries. Even if the employee did not sustain actual injuries, employers may need to implement new safety measures at work.

See a Doctor

You should see a doctor as soon as possible and if your injury warrants it, then go to the emergency room.

If you did not suffer a serious injury, ask your employer if they require you to see a certain doctor or if you may choose the doctor of your choice.
Specifically, if you are a federal employee, you are covered under Workers Compensation for Federal Employees (FECA), which means you may select any qualified doctor to be your treated doctor.
If FECA does not cover you, state laws will apply.

In some states, you have the right to see your own doctor if you make the request in writing. However, in most states you must see the company doctor for a maximum of 30 days. After 30 days, you are free to choose your own doctor.

Doctors report will have a big impact on the benefits you will receiving. You may be entitled to second opinion from a doctor under workers compensation. If the second doctor’s report agrees with the first doctor, then there is no problem and the compensation payment continues uninterrupted. But, if the second doctors’ opinion is different then, the office can weigh to see which doctor’s opinion is more credible or see a third doctor.

Filing Workers Compensation

Filing workers compensation is like filing an insurance claim, requesting for benefit. After notifying your employer, the employer must offer you a claim form immediately. The claim form must be completed in order for the employer to be obligated to provide benefits. If the form is not provided to you by the state, it can be located through this site: state government agencies page. When completed, return the claim form to your employer. Remember to keep a copy of the completed claim form for yourself. Your employer would then have to complete “employer” section. The insurance company has 14 days to mail you a status letter about your claim. If the insurance company does not contact you within 14 days, you should call the insurance company.

Hire a Lawyer

Needing a lawyer depends no the complexity of the case. If there is confusion, or you do not understand any part of you case, be sure to contact a lawyer to represent you. For any reason the case involves you to stand before an administrative or court judge, you should hire a lawyer. If you or someone you love suffered an injury at work, contact the Law Offices of R.F. Wittmeyer, Ltd. today for a free consultation.

Filed Under: Construction site accidents, Safety, settlement, Workers' comp Tagged With: accident, doctor, FECA, Injured at Work, job, workers compensation

How Are Lost Wages Calculated?

November 21, 2017 By R.F Wittmeyer

If someone else was at fault for your accident, you have a right to financial compensation. Among the damages you can claim, lost wages can be significant. If you get in an accident, you could miss work while you seek medical treatment and recover. You could also suffer lost wages if you are unable to return to work due to a severe injury or disablement. In these cases, many people wonder how they can calculate their lost wages and whether they are eligible for compensation.

Getting the Compensation You Deserve: Lost Wages

Various factors can influence how your lost wages are calculated. The most important of which is whether your doctor authorized you to stay home from work. If your doctor ordered you stay home from work, make sure you have a note. Without a note from your doctor, it can be very difficult to file a claim for lost wages.

Calculating Lost Wages

Once you have a doctor’s note in hand, you can calculate your lost wages. Keep in mind; you should not settle your insurance claim until you have healed to the extent that you can. You may need to wait until you are sure you can return to work before calculating your wages. Your lost wage calculation will depend on what kind wage you earn (e.g., hourly, salary) and whether you are missing out on additional earnings such as overtime or vacation time.

Getting Documentation

If you are an hourly employee, provide documentation for the hours you missed and the rate at which they would have been paid. Your employer or human resources manager can help provide this documentation. If you are a salaried employee and accrue benefits for hours worked, your approach will be a little different. You will need to calculate your hourly wage by dividing your salary by the hours you work each year and then multiply that amount by the hours you missed.

Importantly, you should not overlook earned benefits such as paid time off and pension benefits. Also, include loss of sales commission, bonuses, or raises you might have missed out on. Ask your employer for documentation of these lost earnings.

Getting the compensation you deserve shouldn’t be as hard as it can be. But when it comes to dealing with insurance companies, a good rule of thumb is to make sure you have documentation to back up every financial loss you claim. Also, be prepared to show a doctor’s note and medical records to justify your time missed from work. If you need help building a compelling argument for your lost wages claim, work with a knowledgeable Illinois personal injury lawyer. A lawyer can help you compile the documentation you need to make a strong claim for lost wages and make sure your Illinois personal injury claim accurately reflects your total financial loss.

If you need help getting the compensation you deserve, Arlington Heights personal injury attorney Ronald F. Wittmeyer can help. With more than 30 years experience practicing plaintiffs’ personal injury law, we can fight aggressively on your behalf. Serving the Northwest suburbs including Arlington Heights, Buffalo Grove, Palatine, and surrounding areas, the Law Offices of R.F. Wittmeyer, Ltd. helps level the playing field against major insurance companies and corporations. If you’ve been injured or involved in an accident, call our office at (847) 357-0403 or fill out our online form to schedule a free consultation with one of our highly qualified Arlington Heights personal injury attorneys. The sooner we can learn about your case and your needs, the more effective we can be at recovering fair and adequate compensation for your losses.

Filed Under: Insurance claims, settlement, Workers' comp Tagged With: loss of earnings, lost wages, salary

Filing Third-Party Claims for Construction Site Accidents

September 5, 2017 By R.F Wittmeyer

Despite the strict safety regulations enforced on construction sites, workers can suffer serious injuries on the job. Whether due to hazardous work practices, defective equipment or tools, or a negligently managed site, construction workers risk leg and limb every day to build our homes, stores, schools, and offices.

Fortunately, construction workers who are injured on the job may be eligible for compensation from their employers and potentially other parties. You cannot sue your employer for injuries you suffered while on the job, but you can file an Illinois workers’ comp claim. Workers’ comp will cover your medical bills and lost wages.

Workers’ comp claims help injured employees from all industries cover their necessary medical costs. Unique to construction site accidents, however, is the involvement of third parties, or other companies working on the same site as you. You may also be able to file a third-party claim against any other parties that contributed to your accident. The compensation you receive from such a claim could cover your losses beyond what workers’ comp would cover, and your employer might even be able to recover a portion of your workers’ comp benefits.

A third party claim is a claim against a company or person—such as other contractors working on your site—whose negligence or strict liability was the proximate cause of your injury. Third party claims are relatively common in construction site accidents because construction sites typically have several companies or contractors working on the same project. You could also file a third party claim against a manufacturer if a defective product caused your injury.

Third-party claims can be complicated because many pieces of documentation—such as contracts, releases, and agreements—must be obtained and reviewed to determine liability correctly. So, if you have been injured on a construction site, notify your employer right away to file a workers’ comp claim, but you should also speak with an attorney about the potential for third-party claims.

To ensure you receive fair compensation for your losses from all responsible parties, consult with an Arlington Heights construction accident lawyer as soon as you can. You only have a short amount of time in which to file a third-party claim, which is called the statute of limitations. The sooner you file a claim, the better your chance of holding the liable parties responsible and receiving the compensation you deserve.

If you’ve recently been injured on the job and are seeking compensation, Arlington Heights personal injury attorney Ronald F. Wittmeyer can help. With more than 30 years experience practicing plaintiffs’ personal injury law, we can fight aggressively on your behalf. Serving the Northwest suburbs including Arlington Heights, Buffalo Grove, Palatine, and surrounding areas, the Law Offices of R.F. Wittmeyer, Ltd. helps level the playing field against major insurance companies and corporations. If you’ve been injured or involved in an accident, call our office at (847) 357-0403 or fill out our online form to schedule a free consultation with one of our highly qualified Arlington Heights personal injury attorneys. The sooner we can learn about your case and your needs, the more effective we can be at recovering fair and adequate compensation for your losses.

Filed Under: Construction site accidents, Insurance claims, Liability, Safety, Workers' comp Tagged With: construction site accidents, third-party claim, workers’ comp

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