As a general rule, injuries sustained while “in the course of” your employment are covered as long as your specific employment activity or workplace pose a greater risk of suffering that particular injury than the risk faced by the general public in everyday activities. Burn injuries are painful and sometimes life-altering injuries that often disfigure someone permanently. Some jobs require workers to perform duties that involve the use of chemicals, fluids, gas or oil rigs, etc., putting them at a greater risk of suffering burn injuries at work. While some workers may not necessarily be at a greater risk of sustaining burn injuries, they may nevertheless still be entitled to the benefits of the Workers’ Compensation Act if they are burned while performing their work duties in the course of their employment.
In this piece, we will discuss everything involved in securing a compensation claim for burn injuries. Take a look:
Workers’ Compensation and Burn Injuries at the Work
The system for workers’ compensation is primarily state-based in the US, and it requires most employers to provide certain form(s) of compensations for job related injuries via employers’ self-insurance or worker’s compensation insurance. These benefits must be provided to the injured employee irrespective of who the party at fault is. The primary questions revolving around a workers’ compensation claim involve whether the accident took place on the premises of the workplace or while the employee was performing his/her work-related duties/activities.
In Illinois, in it is critical to note that while the employee is entitled to all benefits provided-for in the Act, (s)he is not entitled to receive any compensation for past pain and suffering, but only for residual pain that is part of the permanent disability, which may include disfigurement.
Thus, in Illinois, if you can prove that the accident was work-related and your medical records indicate costs associated with the work-related medical treatment, it’s very probable that you will be eligible to receive all of the relevant workers’ compensation benefits under the Act.
What Benefits Workers’ Compensation Provides
Workers’ compensation in Illinois covers (among other benefits) the following:
- All reasonably necessary medical treatment related to your injury(ies);
- Temporary Total Disability Benefits (i.e., “TTD”: 2/3 of your pre-injury Average Weekly Wage) and/or Temporary Partial Disability Benefits; paid during the time(s) you are totally unable to work (or earn the same pay) while receiving the medical treatment and/or therapies necessary post-accident, healing after medical treatment, etc.;
- Vocational Rehabilitation/Maintenance benefits, if you can no longer perform your pre-injury duties after having reached “MMI”, i.e., maximum medical improvement;
- Permanent Partial Disability compensation (4 types) for the difference between you or your pre-accident ability(ies) to perform your work-related duties vs. the same post-accident work-related duties;
- Permanent Total Disability benefits; and
- If you die due to the work-related accident, your dependents’ (family) right(s) to receive certain death benefits.
Have You Sustained Burn Injuries at Your Workplace and Looking for Legal Counsel?
If you’ve been involved in a work related accident (i.e., injured in the course of performing your employment duties), it’s critical that you seek legal counsel from a trusted workers’ compensation lawyer.
We, at McDermott & McDermott, Ltd. are a personal injury law firm in Tinley Park, with workers’ comp lawyers who provide services in Tinley Park, Matteson, Orland Park, Chicago Heights, and elsewhere in Illinois. David G. McDermott has more than 41 years of experience successfully representing clients and ensuring they receive the full value of their Workers’ Compensation claims.
Get in touch with us at McDermott & McDermott, Ltd, today for a free legal consultation. Call us at 708 747-9440.
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