Workers Compensation Reform, One Year Later

It’s been one year since the Illinois State Senate overwhelmingly approved, in a 46-to-8 vote, to impose cost reductions on the state’s “expensive and scandal-tainted workers compensation system,” according to the Chicago Sun-Times. In May 2011, the reform was approved, hailed as “major” by Senator Kwame Raoul, the bill’s chief Senate sponsor. The bill came just after a steep increase in the state income tax for Illinois businesses—a 46 percent increase for state corporations. According to the Sun-Times, “in what amounts to the cornerstone of Raoul’s legislation, fees that businesses must pay to doctors would be cut 30 percent in September, in a move that he said would save companies between $500 and $700 million.” 

The 2011 landmark law also established a medical network for compensation claims, cut the period when someone could draw payments for carpal tunnel from 40 to 28 weeks, and switched the burden of proof from employers to workers in proving whether alcohol or drugs contributed to workplace accidents.

No statistics are available as to whether the law actually managed to save Illinois businesses money, but the law has not yet been challenged or revoked, and since then Raoul has introduced the 2012 Creation of the Worker’s Compensation Insurance Fund for insuring employers against liability for worker’s compensation claims. He also introduced a bill for the creation of the Illinois Compensation Rating Bureau, which would be “capable of providing more accurate and verifiable information on reimbursement rates on worker’s compensation cases,” according to the Workers’ Compensation Lawyers Assocation.

With all the new changes and proposals being talked about in Illinois right now, filing for worker’s compensation can be a complicated process. Don’t go through it alone. Contact a dedicated Illinois worker’s compensation lawyer today.

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Workers’ Comp Claimant Sees Benefits Increase When IWCC Discovers Arbitrator’s Error

A recent decision by the Illinois Workers’ Compensation Commission (IWCC) increased the monthly benefit for a workers’ comp claimant by nearly $500.

In Salata v. Wirtz Beverage, the claimant was a wine representative for Wirtz, and took home a regular weekly salary as well as a performance bonus based on sales. In September of 2009, the claimant was involved in a compensable motor vehicle accident, and sustained injuries to his neck and back. He was awarded benefits by the arbitrator.

When reviewing the arbitrator’s decision, the IWCC noticed that two different amounts were listed for the claimant’s average weekly wage. One was calculated using just his base pay, while the other also included his incentive bonuses. The Commission ruled that it was proper to use the second figure for calculating his average weekly wage, and it was raised from $1,324.66 to $1,712.35. The claimant’s temporary total disability amount and permanent disability award figure were also revised to reflect the higher income amount.

This workers comp case demonstrates why it’s important to hire an experienced Chicago workers compensation lawyer to handle your Illinois workers comp claim. Although this claimant was eventually awarded the workers comp benefits he deserved, errors that hurt the claimant may not always be found. An experienced Chicago, Illinois workers compensation attorney can review every aspect of your work injury claim to ensure that no errors are made when calculating your workers’  comp benefits.  Contact the top Chicago workers comp attorneys at Law Offices of Francis J. Discipio to discuss your workers comp case as soon as possible after any work injury.

IWCC Rules Claimant’s Fall at Home Was Not Intervening Injury

The Illinois Workers’ Compensation Commission recently reversed the arbitrator’s decision in Lukas v. Chicago, City of, ruling that an injury sustained by the claimant while recovering from his initial work injury did not break the causal connection chain.

Workers’ comp issues can get sticky when they involve multiple subsequent injuries, not all taking place at the claimant’s place of employment. Such is the case in Lukas. The claimant, a laborer, underwent ankle surgery in August of 2009 due to a work injury that took place in March of that year. A couple weeks after his surgery, while using his prescribed cane, , the claimant fell on his stairs at home, rupturing his Achilles tendon and requiring a second surgery.

In this Illinois workers’ compensation claim, the arbitrator found that the claimant failed to prove a causal connection between his original work injury and this fall, thus making his treatment for this second injury ineligible for workers compensation benefits. However, the WC Commission reversed this decision, ruling that the claimant’s subsequent injury was not an intervening injury, as it was caused by his weakened condition due to his initial injury.

If you receive workers’ compensation benefits in Illinois, and undergo a second injury, consult an experienced Chicago workers’ comp lawyer to discuss your situation. A skilled Chicago workers’ comp attorney can answer all of your questions regarding the sometimes confusing Illinois workers’ compensation process.

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Workers Comp Benefits Awarded for Parking Lot Fall

Under Illinois’ workers’ compensation laws, an injury must arise out of and in the course of a claimant’s employment in order to be compensable. While many workplace injuries obviously fall into this category, there are some situations that aren’t so clearly defined as either within the course of employment or not. This was the case in Stuewe v. Homewood, where the claimant was injured while cleaning the snow off of his car following the completion of his shift. The Illinois Workers Compensation Commission recently overturned the Workers Compensation arbitrator’s decision that Mr. Stuewe’s injury did not arise out of the course of his employment.

The facts of the workers’ comp claim were as follows: The claimant worked for Homewood, delivering and picking up dumpsters. After completing his runs on this particular day, he parked the company truck and entered the building, where he turned in his paperwork and radio and clocked out. He left the building, heading for “Lot D,” where his personal vehicle was parked. As he brushed the snow off his windshield, he fell, twisting his ankle.

Key to the Commission’s decision to reverse the arbitorator’s decision and award benefits was the fact that Mr. Stuewe was determined to have a greater risk of injury in this way, than that of the general public. This is due to the fact that the he was forced to park in Lot D, whereas public visitors to the building parked in another lot that was better maintained and routinely salted. The Illinois WC Commission also found his injuries compensable under a “traveling employment analysis.” This allowed for the awarding of benefits based on the fact that the claimant did not perform his work at his employer’s location. It was also noted that his actions in clearing off his truck were reasonable and foreseeable.

If you were injured on the job in Illinois, and your claim is being disputed, contact a top Oak Brook, Illinois workers compensation lawyer. An experienced Oak Brook workers comp attorney can fight to get you the benefits you deserve for your workplace injury.

Time Ticking Toward Real Estate Licensing Transitional Deadline

With time ticking toward the April, 2012 law change, Illinois relators are scrambling to meet all new requirements. According to the Illinois License Law Rewrite, all realtor licenses will expire at the end of April next year, requiring professionals to either complete new requirements or surrender their license during the transition.  One tenant of the new requirements is that all salespersons’ licenses will expire, and no new ones will be issued. This means that there will only be Brokers and Managing Brokers in the state of Illinois after the transition period comes to a close next April.

This is an issue for several licensed Real Estate Salespeople in Illinois. According to the Illinois Association of Realtors, this means that all licensees who will be transitioning must take the proficiency exam NO LATER than March 15, 2012. Any partner in a licensed real estate partnership who is currently a licensed salesperson must make the transition to a managing broker or broker. The full details of Administrative Rules of the Illinois License Law Rewrite can be downloaded here. Despite complications of new licensing requirements, there hasn’t been much outrage from the community of Illinois realtors.

If you require assistance making the transition in your license type or would like to speak to a professional regarding the future of your real estate career, contact our experienced team of real estate lawyers at Discipio Law. Transitions are never easy, but with the guarantee of respected and professional experts on your side, can be made much simpler.

What is Reasonable and Necessary?

The definitions for worker’s compensation can be confusing at best, and determining just what “reasonable and necessary care” is when filing a worker’s compensation claim can be difficult. In Illinois, an injured worker is entitled for 100 percent reimbursement for what it deems “reasonable and necessary” medical care, subject, of course, to the limitations of the Medical Fee Schedule. Reasonable and necessary care includes prescription expense, appliances or prosthetics related to the injury, and medicine needed to alleviate the injury’s effects.

The Illinois Workers’ Compensation Act does not include any experimental or unproven procedures, and does not approve of measures meant to relieve symptoms and not injury. The term “reasonable” is included in Section 8(a) of the Act, and refers, generally, to the costs incurred by the injured employee compared to the costs being charged by other medical providers in the region. “Necessary” refers to whether the charges were incurred by care given for effects directly related to the injury or whether these charges were incurred by supplemental care.

What is determined as “reasonable and necessary” is basically left to the discretion of the employer—according to the Illinois Worker’s Compensation Act, “if the employer does not dispute payment of first aid, medical, surgical, and hospital services, the employer shall make such payment to the provider on behalf of the employee.”

If you’ve been injured at work and are filing for worker’s compensation, contact the law offices of Francis J. Discipio today. With an impressive resume and winning record, we can help you settle you case and get back to your life.

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What You Need to Know about Longshore and Harbor Worker’s Compensation

The Windy City is situated on plenty of water, and Chicago boasts some 30,000 jobs in the state of Illinois that were in some way related to the Port of Chicago. According to the Illinois International Port District, 3,367 of these were considered direct jobs, considered the most directly depended on the barge, vessel, and cargo activity at the Port of Chicago. Most of these jobs, of course, include heavy lifting, operating serious machinery, and navigating water—all activities which could be dangerous if not taken seriously.

If you’re injured while working the ports, not only are you covered by the Jones Act, first passed by Congress in 1920, worker’s compensation is covered by the Longshore and Harbor Division. Whether you’re employed by a major company or self-employed, you could be eligible for coverage by this division of worker’s compensation in the event of an on-site accident.

The first step to filing a Longshore and Harbor claim is to file with the district office, which in 2003 moved to Houston for the Chicago area. Correspondence can still be filed at the Chicago office: 230 South Dearborn St., Room 872, 
Chicago, IL 60604.

Here are the steps to take if you’re injured on the maritime job:

• Notify your employer. Ask for Form LS-1, authorizing treatment by a doctor of your choice.
• Obtain necessary medical treatment.
• Give written notice of your injury within 30 days on Form LS-201.
• File a written claim for compensation within one year after the date of injury or last payment of compensation.

In 2007, initiatives were brought forward to bring the Longshore Act “into the 21st century.” If you or someone you know has been injured on the job and may qualify for worker’s compensation under the Longshore and Harbor Worker’s Compensation, contact an experienced worker’s compensation attorney today at the Law Offices of Francis J. Discipio today.

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Popular Drug Recall Affects Thousands of Consumers

The Food and Drug Administration (FDA) is has issued a warning regarding a mix-up at a Novartis manufacturing plant based in Lincoln, Nebraska, according to BusinessWeek. In what’s sure to spark an influx of personal injury suites against the drug giant, a massive recall of 1,645 lots of over-the-counter drugs was issued, including well-known brands Execdrin, Bufferin, NoDoz, and Gas-X. The recall was issued only after the company, according to BusinessWeek, “received hundreds of complaints of broken and chipped pills and inconsistent bottle packaging that could cause pills to be mixed up.” FDA officials said that some of these could have been accidentally packaged with powerful prescription drugs made at the same facility, several of which belong to the opiate family.

Image from compositesw.com.

This isn’t the first time that the Switzerland-based drug manufacturer Novartis has come under fire from the FDA. In December 2011, fiercepharma.com reported that the giant had received repeated notices of violations, including crystallization problems of an injectable drug, repeated instances of inadequate equipment cleaning, and inadequate process violation for several products.

Drug mix-ups and pill recalls are common personal injury suites, but that doesn’t mean they’re easy to file or lack complex proceedings. If you or someone you know has been affected by the Novartis recall—or any other that has lead to personal injury or mental suffering—don’t go through the process alone. Contact the law offices of Francis J. Discipio today. We have the experience and expertise to win your case and help you and your loved ones to move on.

Chicago Agency Fails to Investigate Medical Malpractice

According to an article published in November in the Chicago Tribune, Illinois officials failed to investigate 85 percent of the 560 hospital complaints filed in 2010. According to charges alleged by the Illinois Guardianship and Advocacy Commission, the Illinois Department of Public Health (IDPH) let the ball drop on its obligations, including a handful of serious complaints against patient abuse and wrongful death. Created in 1877, the IDPH is responsible for protecting the state’s 12.4 million residents and maintains nearly 200 programs that influence public health in the state. One of these programs is meant to uphold a federal law that states claims against hospital abuse must be investigated within 48 hours of filing.

According to the Tribune, Illinois regulators said that their failure to investigate was a problem of funding. Though the agency spent nearly $500,000 on hospital oversight last year, half of which was in the form of federal funds, serious complaints (such as one patient who required preventative treatment for HIV after having been pricked by a dirty needle at Adventist Bolingbrook Hospital) went uninvestigated. The health department has proposed a solution that would require hospitals, like nursing homes, to pay an annual fee to help fund the cost of such investigations, though the Illinois Hospital Association has blocked the measure.

If you or someone you know has been affected by hospital negligence, contact the experienced team of Medical Malpractice lawyers at Discipio Law. While most doctors are exemplary, mistakes happen and we’re here to help you seek the compensation you deserve.

Chicago-Area Construction Worker Injured by Passing Freight

Early in the morning on November 17, according to an article published in the Chicago Tribune, two construction workers were hit and injured by a passing freight train while working on the underside of a Joliet overpass. One worker, who was thrown roughly 80 feet to the ground from a high-lift cherry picker, according to officials, sustained serious injuries. A worker on the ground suffered minor injuries, and both were taken to a local hospital. Despite the incident, the train itself did not derail.

The Chicago-area accident comes soon after the publication, in November 2011, of a Center for Construction Research and Training (CPWR) report, which states that career construction workers face a 1-in-200 risk of being killed on the job. Workers who spend 45 years in the field run a 75 percent chance of sustaining injuries that lead to disablement. The risk is even higher for Hispanic construction workers who, according to the report, face a 20 percent higher risk of dying from an injury sustained while on the job. CPWR Executive Director Pete Stafford insists that, “while great strides have been made in reducing construction injuries and illnesses, the numbers are still stubbornly high.”

If you or someone you love has been injured on the job—whether in a construction-related accident or not—seek the assistance of Discipio Law Workers Compensation lawyers, protecting the rights of injured workers throughout the greater Chicago area.