Compensation Claim for Burn Injuries: Do I Qualify, and if so, How and to What?

Compensation Claim for Burn Injuries: Do I Qualify, and if so, How and to What?

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.

A lawyer and client discussing a workers’ compensation claim.

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.

By |2021-02-04T14:07:18+00:00February 1st, 2021|Uncategorized|0 Comments

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  • EMPATHY 

    Merriam Webster Dictionary defines “empathy” as: “the action of understanding, being aware of, being sensitive to, and vicariously experiencing the feelings, thoughts and experiences of another”. Circling back to the top of our Home Page button that asks: “WHY CHOOSE US?” – How can you (a prospective Client) hope to find an attorney – one who cares about you and your case (or claim) and will honestly pursue your best interests timely with respect, honesty and empathy? There is no way the internet or even a personal consultation can assure you of making a good choice with respect to choosing a lawyer with “empathy”, but there are some core attributes you should look for in making this choice.  As we perceive it, these core attributes may be found in in our Mission Statement which may be found under the tab: “The Golden Rule”.  After providing some background regarding the Founders and the startup of our Firm, our Mission Statement speaks to a frank paraphrase attributed to Socrates, i.e., “Do unto others as you would have them do unto you”. This paraphrase is at the core of and embedded in our concept of “empathy”, which we call our “Golden Rule” and we are committed to following this Rule in the service of our Clients.

    This element of “empathy” in the Client/Attorney relationship is almost always overlooked and/or not even mentioned: (A) initially by Clients themselves (when they choose a law Firm by the glitz and glitter of the lawyers’ internet, tv or other ad blitz) or (B) by a casual referral made by a friend or other source or (C) by the lawyer and/or Law Firm hired by the Client. Unfortunately too many lawyers suffer from: (C-1) handling too many cases at the same time (especially those who practice in fields other than personal injury such as divorce, criminal law, etc.) thereby reducing time and effort for your personal injury claim; or (C-2) by what we call “9 to 5” lawyers – lawyers who only look at their handling of your matter as a 9 – 5 “job” which they quit thinking about the minute they leave their office.

    We challenge you to find ANY LAW FIRM (OTHER THAN OURS) that even mentions the word “EMPATHY” or mentions being driven to provide excellent service to you, or acknowledges you are due the respect and care inherent in our promise to live by the Golden Rule while handling your case.

    When you choose us (a service provider) as your law Firm to handle this very important aspect of your life – your “INJURY”, we know (from the very moment you hire us to handle this matter) the many facets involved in this process.  We know you will not only be depending on us to represent you with respect to your injury BUT ALSO (in the course of our doing so) we know that you will be relying upon us to respect the many facts involved in your representation.  That knowledge, compels us to  provide you with the type of service YOU believe to be excellent – to care about all the facets touching upon our representation of you and your case.  Your INJURY MATTERS TO US, but equally important, YOU MATTER to us.  These “facets” I am referring-to are those such as our Firm returning your calls; keeping you updated on the progress of your case when you wish to talk to us about it;  moving your case along as expeditiously as possible; trying to settle your case if practicable, but if that is not possible; filing, then prosecuting your case aggressively, yet honestly, to achieve the best possible result.  If you agree with the foregoing four (4) paragraphs, you’ve found your law Firm.

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