Fractures and bone breaks

Fractures and bone breaks are common workplace injuries covered by Illinois workers' compensation. Employees who suffer these injuries on the job are entitled to benefits such as medical treatment, temporary disability payments, and permanent disability compensation. To receive benefits, the injury must be work-related, and employees must follow specific procedures for filing a claim. This site will discuss the types of fractures and bone breaks covered, the benefits available, and the process for obtaining compensation.

Understanding Fractures and Bone Breaks in Illinois Workers' Compensation

Illinois workers' compensation covers various types of fractures and bone breaks that occur in the course of employment, including:

1. Simple fractures: Clean breaks in the bone that do not pierce the skin.

2. Compound fractures: Broken bones that protrude through the skin, increasing the risk of infection and complications.

3. Comminuted fractures: Bones that shatter into three or more pieces, often requiring surgery and extended recovery.

4. Compression fractures: Bones that are crushed or compressed, commonly affecting the spine.

5. Avulsion fractures: Injuries that occur when a tendon or ligament pulls a piece of bone away from the main bone structure.

To prove a fracture or bone break is eligible for workers' compensation, the employee must demonstrate that the injury arose out of and in the course of their employment. This means the injury must be related to the employee's work duties or have occurred while performing work-related tasks. Evidence such as medical records, witness statements, and workplace incident reports can help establish the work-related nature of the injury.

Employees who suffer work-related fractures or bone breaks may be entitled to benefits such as:

1. Medical treatment: Employers must pay for reasonable and necessary medical expenses related to the injury.

2. Temporary total disability (TTD) benefits: Payments equal to two-thirds of the employee's average weekly wage while they are unable to work during recovery.

3. Permanent partial disability (PPD) benefits: Compensation for permanent impairment or loss of function based on the severity of the injury.

4. Vocational rehabilitation: Services to help employees find suitable alternative employment if they cannot return to their pre-injury job.

Legal Process for an Attorney Representing a Client with Work-Related Fractures or Bone Breaks

An attorney representing a client who has suffered a work-related fracture or bone break in Illinois would typically follow these steps:

1. Initial consultation and case evaluation:

• Meet with the client to discuss the injury, its work-related nature, and the impact on the client's life and ability to work.

• Assess the strengths and weaknesses of the case and advise the client on the best course of action.

2. Filing a claim and gathering evidence:

• Assist the client in notifying their employer of the injury and filing a workers' compensation claim with the Illinois Workers' Compensation Commission (IWCC).

• Obtain medical records, witness statements, and other evidence to support the client's claim and establish the work-related nature of the injury.

3. Negotiating with the employer and insurance carrier:

• Communicate with the employer and their insurance carrier to ensure the client receives appropriate medical treatment and temporary disability benefits.

• Negotiate a fair settlement for permanent disability benefits, if applicable, based on the severity of the injury and its impact on the client's future earning capacity.

4. Representing the client at hearings and appeals:

• If the claim is disputed or denied, represent the client at hearings before an IWCC arbitrator to present evidence and argue the case.

• File appeals with the IWCC or higher courts, if necessary, to protect the client's rights to benefits.

5. Ensuring the client receives benefits and resolving disputes:

• Monitor the client's medical treatment and recovery process to ensure they receive the necessary care and benefits.

• Address any issues or disputes that arise during the claim process, such as disagreements over the extent of the injury or the amount of benefits owed.

Throughout the legal process, the lawyer's primary objectives are to safeguard the rights of their client, work diligently to secure the maximum compensation and benefits available, and provide guidance and support as the client navigates the intricacies of the workers' compensation system. This approach allows the injured worker to concentrate their efforts on healing and rehabilitating from the fracture or bone break, while their attorney handles the legal aspects of their claim.