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July 2010 Archives

Workplace Injuries and How to Avoid Them

Injuries that occur at work or that are work related are common in the workplace. Some professions such as construction, factories, or sports for example are more susceptible to staff members incurring an injury. Some injuries can also occur outside of the workplace but are still work related injuries. There are some injuries that occur more often than others. It is important to create a safe working environment to avoid serious injury or even death. Here are some common workplace injuries and how you can avoid them.One of the most common injuries that happen at work are falls. Falls can occur on same level surfaces or falling to a lower level of the workplace. People can fall because they slip or trip as well. A lot of construction site injuries occur because a roofer may fall or someone can fall off a ladder. Other examples of falls are people slipping on pavements, falling down stairs, or slipping on a wet bathroom or kitchen floor. If an area is wet or slippery there should be signs to point out hazardous areas. Construction sites can prevent falls by using safety measures such as having a roofer secured by ropes and harnesses.Another common injury that is similar to a fall is how your body reacts to slipping or tripping without falling. The reaction to preventing the fall can be just as harmful as falling sometimes. You can stub your toe, roll your ankle, or hurt your back while preventing a fall. Again, this can be avoided by properly indicating areas that are wet or slippery. Some falls and trips are unavoidable, but there should be first aid available at every workplace.Another very common injury is overexertion. This is most common for jobs that require heavy lifting, moving, stacking/organizing, throwing, and other types of physical exertion. In 2008 this was reported as the most common type of workplace injury. Proper training for employees whose job requires a lot of activity can help to avoid overexertion. You can also avoid straining your back by wearing back support if you are doing some sort of heavy lifting.A more serious injury that is common on constructions sites is being hit by a falling object or incurring an injury against an object. For example, tools or materials can fall from roofs or high levels on a building site. People can be struck by the falling objects and serious injuries can occur. Running into a door, wall, or another object can also cause injuries. Injuries that happen against an object can happen at any workplace, not just a construction site. To avoid these injuries, one should pay attention to their work space, especially if they work at a warehouse or construction site.If you are injured from a work related duty, you may be eligible for worker’s compensation. Some injuries may require time off of work or going to a hospital or doctor which can become expensive. If you think you are eligible for a worker’s compensation claim, you can hire an attorney specialized in these type of cases to help you file your claim. Remember to be safe while at work and report all injuries.About the Author: Brooke Haley marketing associate at Millon & Peskin, Chicago workers compensation lawyer that practice in the areas of Civil Litigation, Workers’ Compensation, and Personal Injury. Millon & Peskin is a General Civil Litigation Practice with the goal of representing the interests of injured workers, throughout all applicable Courts within the State of Illinois. For more information, please visit http://www.millonpeskin.com.

Average Cost of Attorneys

Being involved in a lawsuit can be very stressful, emotional, time consuming, and costly. Fortunately for attorneys and their clients, there are ways to work around these obstacles. Some attorneys may agree to work at no charge for their party which can relieve financial burden. Clients may also seek out some sort of funding through a lawsuit loan for example. Good attorneys that are highly qualified can charge high fees for their services. The average cost of an attorney can range from state to state and from case to case. Here is at an average cost of an attorney for a personal injury or worker’s compensation claim.Attorney fees are the amount if costs a client for legal representation. Attorneys can charge these fees in a number of different ways depending on their type of practice or what case they take on. If you are in the process of hiring an attorney, you should always set up a contract ahead of time so there is no question of how the fees are assessed. Most attorneys have contracts for you to sign that clarify how they expect payment. The most common fees are: flat fees, billable hours, contingent fees, pro bono, or retainer fees.If an attorney accepts a case at no charge then he is working pro bono, or for free. A retainer fee generally means you pay for a certain amount of hours and once those hours are worked, additional hours are billed per hour. Contingent fees are when a lawyer accepts a portion, or percentage, of the case in the event it is won. If the case is not won, then the lawyer does not accept any payment, also known as no win no fee. It is not uncommon for some lawsuits to draft up agreements that the loser pays the attorney’s fees for all parties involved.Typically, a lot of worker’s compensation and personal injury claims are paid with contingent fees if the injured person hires representation. The state of Illinois set up a maximum amount that a lawyer can be paid with a contingent fee. In Illinois, the amount that can be charged by your lawyer is 20% of the personal injury recovery. Most workers’ compensation contingent fees are 33% of the personal injury claim recovery. If you are unsure of contingent fees or need to seek legal advice, you can contact an attorney in the state of Illinois such as a Chicago workers compensation attorney.It is best to hire an attorney from the state where the lawsuit is occurring. The law can vary from state to state and you need accurate and knowledgeable representation. Always have an agreed upon fee and sign a contract to ensure accurate payment.About the Author: Brooke Haley marketing associate at Millon & Peskin, Chicago workers compensation lawyer that practice in the areas of Civil Litigation, Workers’ Compensation, and Personal Injury. Millon & Peskin is a General Civil Litigation Practice with the goal of representing the interests of injured workers, throughout all applicable Courts within the State of Illinois. For more information, please visit http://www.millonpeskin.com.

Personal Injury Claim Time Limits

A personal injury is a mental or physical injury that is caused by negligence or a harmful act. The most common types of accidents that result in personal injury are: dog bites, automobile accidents, toxic exposure, wrongful death, and aviation disasters to name a few. These types of injuries can result in a lot of pain and suffering which may cause the injured person to take time off of work and/or have high medical bills. Filing a personal injury claim could entitle you to legal benefits such as compensation, or damages. If you are injured and need to file a claim, the state of Illinois has a time limit in which you can do so.A statute of limitations puts a time limit on when you can file a claim for legal matters; including personal injury. The statute established a maximum time after an event, or injury, occurs that you can start a legal process because of the event. There are three types of exceptions in which the statute of limitations does not apply. The three types which are excluded under the statute are heinous crimes, fraud upon the court, and international crimes. If you are filing a personal injury claim in Illinois, there is a time frame allowed for you to file the claim.There are different time frames for the type of claim you are filing such as personal injury, medical malpractice, or products liability actions for example. If you are filing for personal injury, you have two years from the time the injury occurred to file. A wrongful death claim also has time same time frame of two years. If you happen to be claiming medical malpractice, you have two years when the rise to the injury occurred or within two years of the date when you discovered the injury. Minors who have suffered from medical malpractice have eight years to file a claim but cannot file after they are 22 years old. Product liability actions also have a two year time limit from when the injury occurred. If you discover the injury more than two years after it happened, you can still file within two years of the date of the discovery. There is a cap of eight years from the time the injury occurred to file a claim.If you are seriously injured because of negligence or a harmful act you should always seek medical attention. You should also contact an Chicago workers compensation attorney to help you file your claim and represent you in the legal process. Some cases may require you to go to court or fill out paperwork that can be confusing if you do not understand the laws. About the Author: Brooke Haley marketing associate at Millon & Peskin, Chicago workers compensation attorney that practice in the areas of Civil Litigation, Workers’ Compensation, and Personal Injury. Millon & Peskin is a General Civil Litigation Practice with the goal of representing the interests of injured workers, throughout all applicable Courts within the State of Illinois. For more information, please visit http://www.millonpeskin.com.

Legal Benefits of Worker’s Compensation

If you or a loved one is injured at work or from a job related duty, workers’ compensation could be the answer to your financial stress if you are unable to work because of the injury. In the state of Illinois, workers’ compensation is a wage replacement system designed to pay the injured worker both medical benefits and lost wages during his or her period of incapacity from work. The wage replacement system also entitles the injured worker to legal benefits from their claim. If you do file for compensation with your employer, you give up the rights to sue. Here are some of the legal benefits you are entitled to.Unfortunately, some injuries may can temporary or permanent disabilities which can make you unable to work. This can cause a lot of personal and financial stress especially if you have bills and a home mortgage to pay every month. Worker’s compensation, also called workman’s comp, legally entitles to you receive the wages you are losing from being out of work. Temporary disability benefits allow an injured employee to collect up to two thirds of their lost wages.There are also permanent partial disability benefits that you can collect even after you return to work from an injury. The amount that can be collected from your employer depends on the severity of the injury, what occurred, and what part of your body was injured. Some injuries may be so severe that you may not be able to return to work. In the event of this occurring, you may be entitled to permanent total disability benefits. The injured employee could be entitled to weekly benefits for life. There is a limit on how much one can collect.Another benefit that is similar to permanent total disability is the social security disability. If you are injured and unable to work for a year or longer, consecutive months, you can collect social security disabilities in addition to worker’s compensation.If you are injured whether it happens at work or not you should always seek medical treatment. If your injury is work related then you are entitled to have your treatment paid for by your employer. You can go to a doctor of your choice, not one that your employer decides on. If your injury makes you unable to return to work at your original position, you are entitled to vocational rehabilitation. The employer has to offer training for you to work at a different position within the same company or gain skills for employment.If you are eligible to receive Illinois worker’s compensation, you can contact a Chicago workers compensation lawyer to help you file your claim. You may want to contact the attorney to ensure that you receive the benefits you are entitled to. A work related injury can cause a lot of stress especially if there are difficult or confusing forms to fill out. Hiring a lawyer can help alleviate some of the stress and maximize the benefits you can receive. About the Author: Brooke Haley marketing associate at Millon & Peskin, Chicago workers compensation lawyer that practice in the areas of Civil Litigation, Workers’ Compensation, and Personal Injury. Millon & Peskin is a General Civil Litigation Practice with the goal of representing the interests of injured workers, throughout all applicable Courts within the State of Illinois. For more information, please visit http://www.millonpeskin.com.

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