Gesmer & Reynolds PCSSD And Workers Comp Lawyers Rockford IL | Social Security Disability2024-02-20T19:49:50Zhttps://www.gesmerandreynolds.com/feed/atom/WordPressOn Behalf of Gesmer & Reynolds, P.C.https://www.gesmerandreynolds.com/?p=470872024-02-20T19:49:50Z2024-02-20T19:49:50Zissue an urgent safety alert.
The inspiration for the alert
Just one day after the new year began, a mining worker was dumping gravel from a vehicle’s trailer when the trailer tipped. The tipping caused the trailer to land on the cab of the over-the-road, tractor-trail haul truck. As a result of this turn of events, the worker suffered fatal injuries.
The MSHA released a safety alert directing haulage drivers to dump only on surfaces that are level and do not risk spillage. This approach to dumping can help to prevent fatal and non-fatal injuries to those involved in dumping as well as to bystanders.
Compensation for dumping accidents
As most workers know, even the most safety-conscious employees and employers may not fully be able to prevent all work-related harm from occurring. As a result, while it’s good that the MSHA released this alert and heightened awareness of this concern, it’s also important for workers and their loved ones to understand that they are generally entitled to compensation in the event that work-related activity results in physical harm.
Workers’ compensation benefits are made available both to the survivors of workplace accidents and to the surviving loved ones of fatal workplace injuries. Understanding that learning more about these benefits is always an option can help affected workers and their families better ensure that they receive what they’re due.]]>On Behalf of Gesmer & Reynolds, P.C.https://www.gesmerandreynolds.com/?p=470842024-02-05T20:47:28Z2024-02-05T20:47:28ZMany workplace accidents happen when workers are using ladders. It is certainly possible for a worker to be injured in a slip-and-fall accident on the same level. But accidents tend to get more serious when workers are any distance above the ground, whether that’s five feet on a step ladder or 30 feet on an extension ladder.
So how can workers stay safe and avoid these accidents? Let’s take a look at a few common safety tips below.
Focus on safety
Now, even if workers make mistakes on the job, they can still seek workers’ comp benefits because they were hurt in the course of their employment. It doesn’t matter if their boss is at fault or not, or even if they are at fault in most situations. Workers are still covered by workers’ comp laws because there is an understanding that working itself can be hazardous to a person’s health. That being said, here are some safety tips that may help. Workers should:
Always keep three points of contact.
Never have two workers on the ladder at the same time.
Never try to “walk” the ladder to a new location.
Never try to lean to the side if they can’t reach something while on the ladder.
Carefully inspect the ladder to ensure that it was set up properly.
Read all of the safety instructions that come with it.
Pay attention to the weight limits.
Never rush, always focusing on safety over productivity.
These tips may reduce the odds of an accident, but injuries can still happen on the job. Those who have been hurt need to know about the legal steps they can take next.]]>On Behalf of Gesmer & Reynolds, P.C.https://www.gesmerandreynolds.com/?p=470832024-02-02T14:32:40Z2024-02-02T14:32:40ZWorkers' compensation has nothing to do with fault
Contrary to what people sometimes assume, filing an Illinois workers' compensation claim does not equate to blaming an employer for one's current medical condition. The Illinois workers' compensation insurance program provides no-fault coverage. Employers may have absolutely nothing to do with the incident that caused a worker's injury. It could be a mistake by a teammate or an act of violence by a customer that causes the incident.
The worker claiming benefits does not need to prove that their employer was in any way negligent or at fault for the incident. They also don't need to worry about affecting how the public views their employer. A prior workers' compensation claim typically does not have a negative impact on a company's reputation.
Workers can request benefits by notifying their employer of their injury and communicating about their need for medical treatment or a leave of absence. Successful benefit claims reduce the strain that workers must accept due to a job-acquired medical condition. The affected worker can receive the financial support they require and reduce the hardship their family may have to endure. Overcoming an individual's aversion to filing a workers' compensation claim might help them make use of a system that exists for their protection.]]>On Behalf of Gesmer & Reynolds, P.C.https://www.gesmerandreynolds.com/?p=470812024-01-23T04:49:24Z2024-01-23T04:49:24ZMaybe it was just a moment of distraction at the wrong time – or maybe you were just overly fatigued after a long day. Either way, you made a mistake and you got hurt on the job.
Workers’ compensation is designed to provide relief in such situations, but does the fact that you were partly or wholly at fault for your own injuries make any difference?
Negligence versus intentional misconduct
Workers’ compensation is called a “no-fault” system. For the most part, it simply doesn’t matter if the employer was negligent or the employee was negligent – or if it was a combination of the two. Neither side has to bother trying to defend their actions.That can change, however, if an accident can be attributed to the worker because:
They were drunk or high while they were working and that contributed to their accident
They were engaged in “horseplay” that had nothing to do with their job duties
They are found to have intentionally injured themselves for some reason
In other words, simple negligence – like forgetting that you put a toolbox down on the floor and falling over it or accidentally stepping in front of a moving vehicle while directing someone around the warehouse because you forgot to look both ways – won’t hurt your claim. Intentional actions that you know (or should know) are prohibited can limit your eligibility.It’s very important that you do not just take your employer’s word for it that you are not eligible for workers’ compensation benefits based on the idea that you somehow caused the accident. Experienced legal guidance can evaluate the situation and help you learn more.]]>On Behalf of Gesmer & Reynolds, P.C.https://www.gesmerandreynolds.com/?p=470782024-01-08T19:15:08Z2024-01-08T19:15:08ZIt can be exciting to start a new job – especially if you think you like what you’ll be doing.
Unfortunately, accidents can and do happen on the very first day or week – and it’s probably a much more common scenario than most people realize.
Why new hires are uniquely vulnerable to on-the-job accidents and injuries
An injury right when you’re starting at a new workplace can be disheartening and distressing – particularly if you don’t understand your rights. Bear in mind that you’re entitled to workers’ compensation benefits even if it’s your very first day on the job, and it does not matter whether your employer was negligent or not.
Here's why accidents happen to new employees:
Lack of experience: New hires typically lack experience with the specific hazards and risks associated with their jobs. Inexperienced workers are more likely to make mistakes or overlook potential dangers.
Unfamiliarity with the workplace: New employees may not be familiar with the layout of the workplace, emergency procedures or the requirements for safety equipment, all of which can increase their risks.
Inadequate training: While onboarding processes vary, new hires do not always receive comprehensive training on safety protocols, which increases the likelihood of accidents.
Hesitancy to ask questions: New employees may be hesitant to ask questions, seek clarification or report safety concerns due to fear of appearing incapable of the work. This reluctance to speak up can lead to dangerous mistakes.
If you’re having difficulty with your workers’ compensation claim or are meeting resistance from your employer because you were only on the job for a short while, it may be time to seek legal assistance to further explore your options.]]>On Behalf of Gesmer & Reynolds, P.C.https://www.gesmerandreynolds.com/?p=470692023-12-01T14:22:30Z2023-12-01T14:22:30Zbasic hazards of retail work may help these workers to remain safer on the job. With that said, ultimately, the onus is on employers to ensure employees have a safe work environment in which to operate.
Slip and trips
It’s not always easy to keep the floors clear in a retail environment. Sweeping and getting spills up isn’t always possible to do immediately. Dropped merchandise can result in tripping. Liquids on the floor can lead to slipping.
Falling merchandise
Merchandise that’s on higher shelves can fall and strike workers. It’s imperative that everything is put up neatly to minimize the risk of it slipping off. Additionally, heavy items should be on the bottom, so the shelves don’t become top heavy and tip over.
Sharp objects
Opening boxes in retail is usually done using box cutters, which have an open blade. Employees usually focus on trying not to cut the merchandise, but they must ensure that they don’t put themselves at risk of being cut to save the merchandise.
Repetitive motion challenges
Some retail workers must do the same task repeatedly. These repetitive motions can lead to cumulative trauma injuries. The issue with these injuries is that they show up slowly and may seem rather harmless until the damage is severe.
Unruly crowds
Unruly crowds are a primary hazard around the holidays and when there are good sales. Workers can be trampled and injured if the crowd becomes unruly. Having crowd control measures in place can help to prevent this.
Retail workers who suffer injuries while doing their job duties must ensure they get proper medical care. Workers’ compensation should cover this expense, as well as specific other costs related to the injury. Seeking legal guidance promptly can help injured workers to better ensure that they receive the benefits to which they are entitled.]]>On Behalf of Gesmer & Reynolds, P.C.https://www.gesmerandreynolds.com/?p=470282023-09-12T13:39:41Z2023-09-12T13:39:41ZIf your application for Social Security Disability Insurance (SSDI) has been denied, you're probably feeling overwhelmed and frustrated. It may feel like all hope is lost - but that doesn't have to be the case.
You can take steps to appeal a denial and help get your benefits approved.
Common reasons applications are denied
The Social Security Administration (SSA) denies many SSDI applications because applicants don't meet the criteria for disability. To qualify, you must have a medically determinable physical or mental impairment that prevents you from engaging in any substantial gainful activity and is expected to last at least 12 months or result in death.
There is a lack of sufficient medical evidence. The SSA requires detailed medical records to prove that an applicant has a qualifying disability, so it's important to provide as much information as possible when applying.
You haven't had your disability very long, and the SSA believes you will recover within the 12-month timeframe.
There was a failure to respond to the SSA's request for more details.
The SSA also will not provide benefits for partial disability or short-term disability.
No matter the reason, you have a right to appeal the decision. Your denial letter should explain why your claim was denied so you can provide additional documentation and supporting evidence for filing an appeal.It's also important to remember that even if your initial application was denied, it doesn't mean that you won't eventually receive benefits. Many people who were initially rejected were later approved after filing an appeal.]]>On Behalf of Gesmer & Reynolds, P.C.https://www.gesmerandreynolds.com/?p=470252023-09-12T13:39:16Z2023-08-22T13:38:58ZDepression, bi-polar disorder, anxiety, post-traumatic stress disorder and other mental health disorders aren’t something that show up in someone’s lab tests or x-rays – but that doesn’t mean that they aren’t very real, very disabling conditions.
People can and do obtain Social Security Disability Insurance (SSDI) benefits due to mental health issues. In fact, in 2020, government records indicate that 29% of the people receiving SSDI had some form of mental health issue.However, that doesn’t mean that gaining approval for a disability related to your mental health is necessarily easy. Here are some common reasons that mental health claims can be denied:
You haven’t been seen by a specialist
A lot of general practitioners and internists feel comfortable enough to diagnose their patients with depression, anxiety or post-traumatic stress disorder, but they often do so based on their clinical observations. A diagnosis from a mental health specialist, such as a psychiatrist or neuropsychiatrist, is usually backed up by specific, well-regarded tests, and that can carry more weight with an SSDI claims examiner.
You haven’t had your condition very long
SSDI benefits are only awarded for disabilities that have lasted or are expected to last for at least 12 months (or result in death). If your diagnosis is fairly recent, Social Security may consider that inadequate to determine if your condition will persist in the long term despite treatment.
You have not followed your doctor’s treatment plan
Unless a mental illness is so severe that a patient cannot follow a treatment plan, Social Security generally expects people to try to get better. If you’ve been noncompliant with your doctor’s recommendations for therapy, medication and other treatments, that can lead to a denied claim.It can be difficult to get any disability claim approved, but that goes double for mental health claims, simply because they can be so hard to prove. That’s why it’s often best to seek legal guidance about your SSDI claim.
]]>On Behalf of Gesmer & Reynolds, P.C.https://www.gesmerandreynolds.com/?p=470222023-09-12T13:38:27Z2023-08-07T13:35:46ZThe temperatures are soaring all around the United States, and that’s putting a lot of workers in different industries at serious risk of heat-related illnesses.
Heatstroke, for example, is the most dangerous hyperthermic illness you can get. This occurs when your body temperature rises above 104 degrees, and it can leave you suffering from permanent damage to your kidneys, liver, heart, nerves, brain and entire metabolic system.If you got severely overheated while doing your job and ended up with either heat exhaustion (a precursor to heatstroke) or heatstroke, you may be in for a lengthy recovery period where you cannot work – and workers’ comp is meant to cover your medical bills, provide some replacement wages and more.
How is the heat your employer’s fault?
It’s not, but your employer has an obligation to try to protect you from the elements. In this case, that means making sure that you have enough fluids to stay hydrated while you work and enough rest breaks to keep from overheating, among other things. Even if your employer does everything right, however, you’re still entitled to workers’ comp when you’re injured on the job. That’s the beauty of workers’ compensation being a “no-fault” system. You don’t have to show that your employer made a mistake to have a claim.From grocery store workers who have to gather carts in hot parking lots to factory workers and lawn care professionals, everybody is feeling the heat. If you end up sickened due to heat exposure at work, don’t hesitate to seek medical attention and assert your rights to the workers’ compensation benefits you need.]]>On Behalf of Gesmer & Reynolds, P.C.https://www.gesmerandreynolds.com/?p=470182023-07-31T13:16:04Z2023-07-31T13:16:04ZStatistically, same-level falls are a major source of job risk
Same-level falls result in serious injuries. A fall from a significant elevation could potentially prove fatal, which is one reason why people focus on them when talking about employment risks. However, a same-level fall could lead to broken bones, soft tissue injuries or even brain injuries. People could break an arm, leg, shoulder or hip when they fall. They could also hit their head and suffer a permanent traumatic brain injury (TBI).
Same-level falls can affect people in all professions and are a risk in essentially every workplace. They can potentially file a workers' compensation claim to cover the costs of their care and to replace lost wages during their convalescence. Knowing job risks can help keep workers safer, and understanding workers' compensation benefits might help those who get hurt on the job and ultimately require medical coverage or disability benefits.]]>