- Types of Workplace Injury Cases
- What is Workers’ Compensation?
- How Can a Workers’ Compensation Lawyer Help?
- When Should You Hire a Lawyer?
- Let Nessler & Associates Help You with Your Claim
The Bureau of Labor and Statistics reports that 2.7 million workers were injured on the job in 2020. An additional 4,764 workers died as a result of workplace injuries.
Injured workers need medical treatment and time off work to recover or attend appointments. Workers’ comp benefits pay for medical treatment and provide payments to cover lost wages. Workers’ comp laws require most employers to carry insurance to cover these incidents.
The workplace injury attorneys with Nessler & Associates have decades of experience negotiating with workers’ comp insurance companies and disability claims. We can help you get fair compensation from workers’ comp and disability insurance options.
Types of Workplace Injury Cases
To help you achieve maximum financial recovery for a workplace injury claim, you need a skilled attorney with years of experience. The legal team at Nessler & Associates handles workplace injury cases, including construction injuries, workers’ compensation claims, disability claims, workplace accidents, and nursing home abuse cases.
Our staff has years of successful negotiation and trial experience dealing with workplace injury situations and helping clients get the benefits or settlement they deserve.
For construction workers injured on the job, having skilled legal representation from Nessler & Associates can ensure you receive the benefits or compensation you deserve. We represent construction workers in Illinois, Florida, Texas, Colorado, and elsewhere. We will fight for your rights after you suffer a devastating injury on the job.
Disability, Long-Term Disability, and Social Security Disability
If you suffer a workplace injury that leaves you unable to work due to disability, Nessler & Associates can help you apply for and receive benefits. We represent workers seeking benefits for partial or total temporary disability, partial or total long-term disability, and social security disability.
Your lawyer can help you navigate the State and Federal disability qualification criteria and application process. If your initial claim is denied, we can help you file an appeal to receive benefits.
Nursing Home Injuries
According to the Kaiser Family Foundation, 28% of nursing homes experienced staffing shortages in 2021. The Bureau of Labor Statistics reports that the personal care aid industry is growing at a rate of 33%, much faster than most facilities can keep up with.
This means you may have to perform daily tasks without training or adequate support if you work as a nurse or health aid in a nursing home facility. This situation can lead to workplace injuries such as slips and falls, pulled muscles, or physical exhaustion that leave you unable to perform your duties and leave you with long-term injuries.
The attorneys at Nessler & Associates can work on your behalf to win compensation for injuries you incur while working at a nursing home or long-term care facility. We can also help you file for benefits through workers’ compensation or federal or state disability.
Workplace Accidents and Workers’ Compensation
Workplace accidents can happen to anyone. While construction and trade workers experience the most workplace injuries, those working in office jobs, nursing, teaching, and other professions can all suffer from harm at work.
Slip and fall, trip and fall, and accidents caused by dangerous equipment or repetitive motions can lead to workplace injuries that leave you unable to perform your normal work and personal activities.
If you suffer a workplace injury, the attorneys at Nessler & Associates can help file a workers’ comp claim to cover medical treatment and a portion of your lost wages.
What is Workers’ Compensation?
State employment laws require most companies to carry workers’ compensation insurance. This coverage provides financial benefits to injured employees until they can return to work. Learn what this insurance covers, whether your employer is required to carry it, how long coverage lasts, and what happens if your company does not carry workers’ comp insurance.
What Do Workers’ Compensation Benefits Cover?
Workers’ compensation benefits provide financial help to people injured at work, regardless of fault. Workers’ comp insurance provides:
- A percentage of wage loss, two-thirds or more in some states
- Medical bills and future medical treatment related to the injury
- Temporary disability benefits to cover your bills until you can return to work
- Permanent disability benefits if you cannot return to work
- Job training if you cannot return to the position you had
What Injuries Does Workers’ Compensation Cover?
Workers’ comp covers injuries sustained while at work or performing an activity for work. These can include:
- Injuries from falls
- Cancer and other illnesses from exposure to toxic substances
- Injuries from becoming trapped in or around machinery
- Injuries from impact
Is Your Employer Required to Carry Workers’ Compensation Insurance?
Most companies in Illinois must carry workers’ compensation coverage. The exception is agricultural businesses that employ less than 400 working days per quarter during the previous year. The permanent disability benefit may be as high as 133% of the statewide average wage.
Federal employees are covered by a different system called the Federal Employees’ Compensation Program. With almost 4.5 million employees, the federal government employs more people than any private company. This program works like traditional workers’ compensation.
How Long Can You Receive Workers’ Compensation Benefits?
Every state has different rules and requirements. A good workplace injury attorney can help you navigate the state laws.
What if Your Employer Does Not Have Workers’ Compensation Insurance?
You can file a personal injury lawsuit if your employer does not carry workers’ comp insurance. If the state requires the business to have insurance, it will also face fines.
A workers’ compensation attorney with Nessler & Associates can explain your options and help you get the compensation you deserve. We understand the complex process that these claims require.
How Can a Workers’ Compensation Lawyer Help?
Workers’ comp insurance companies sometimes deny paying injured employees benefits. In those cases, legal advice from an experienced lawyer can help you establish your claim, negotiate with the insurer, and represent you in dispute hearings.
We Can Help Establish Your Claim
You must request a dispute hearing if the insurance company denies your claim. The Illinois Workers’ Compensation Commission holds these hearings to allow insurers and injured employees to resolve disagreements about the cause or severity of injuries or the treatment required.
The skilled attorneys with Nessler & Associates can help you establish your claim. We consult medical experts to review your records. These experts can testify about how and when you were injured.
We Can Negotiate With the Insurance Company
Insurance companies make money by investing premiums they receive and paying out as little as possible. They use various excuses to deny claims, including:
- You took unnecessary risks
- You were under the influence
- A third party caused the accident
- You deliberately injured yourself
- You were not injured at work
- Your injuries are not as severe as you claim
We know how to combat these claims using evidence and expert testimony. We will prevent you from accepting a lowball settlement out of fear that it is all you can get. We advocate for you during the negotiations.
We Can Represent You During Dispute Hearings
We can take your claim to a dispute hearing if the insurance company does not agree to an acceptable offer. These hearings are held in administrative court. An experienced workplace injury lawyer knows the administrative law judges and how to present your case to the best effect.
Injured employees benefit from having legal advice in these hearings. Following the policies and procedures of the court helps the process run more smoothly. You will get better results in less time with the help of a lawyer.
The workplace injury lawyers with Nessler & Associates can assist you with filing a claim for work-related injuries. If your employer does not carry insurance, we can file a lawsuit for personal injury on your behalf.
When Should You Hire a Lawyer?
If you find getting benefits the insurer owes challenging, hire a lawyer. Potential issues include claim denial, delayed payments, calculation errors, mistaken release for work, and third-party claims.
When the Insurer Denies Your Claim
Workers’ compensation insurance companies sometimes deny valid claims. They do this hoping you will give up or delay payment. They might claim that you were injured outside of work or under the influence of drugs or alcohol.
When Your Benefit Payments are Delayed
Some shady insurers delay your payments to decrease the total amount they pay. An attorney can usually get these payments restored and might be able to get you penalties and interest.
When the Insurer Makes Payment Calculation Errors
Insurers sometimes make mistakes when calculating your benefits. Other times, they purposefully send you smaller payments. A lawyer can help you get the compensation that the insurer owes you through negotiations or dispute hearings.
When the Insurer Decides You Can Return to Work Despite the Evidence
Insurance companies might believe you can return to work before your doctor releases you. This error could result from mistakes in your electronic medical records or the company’s desire to save money.
A lawyer can help you fight back with a thorough review of your medical records and an independent medical evaluation. The evaluation should be performed by a physician that does not have a financial relationship with the insurance company.
When You Have a Third-Party Claim
You can file a third-party claim if a faulty product caused your accident. The product defect must result from the negligence of the manufacturer or maintenance company. You need legal representation to build a case.
The case must show that the negligence led to your accident, and the accident caused your injuries. It must also show the damage’s impact on your physical, emotional, and financial health.
The knowledgeable lawyers with Nessler & Associates can help you overcome these issues. We understand insurance companies’ tactics to avoid paying claims and how to fight back.
Let Nessler & Associates Help You with Your Claim
The legal team at Nessler & Associates can help you file a workers’ compensation claim. We help victims of workplace accidents get the financial help they need to recover and return to work.
We work on contingency, which means we only charge a fee if we win your claim. Rest assured that we will fight aggressively for your right to payment while putting your needs first.
Have You Been Injured?
Learn more about the legal services our team of injury lawyers provides.
The first step is to either call our office or submit a form.
We are standing by and ready to help.
We've Secured Million Dollar Results
in this medical negligence/ educational negligence action involving a 76 year-old victim of medical malpractice. The victim suffered severe a neurological and neuro-systemic injury after the radiologist implemented an incorrect contrast medium during myelogram.
in a case where a bicyclist was struck by a state vehicle. The driver of the state vehicle had negligently taken his eyes off of the roadway to retrieve an object from the vehicle’s floor.
"A few years ago a drunk driver hit me so hard it flipped the car and broke my elbow. So I called the lawyers here and they got me the money I needed to get the surgery I needed to save my arm. Faster than thought was possible. I may not be able to move it today without their help."
"Nessler & Associates are fair, honest and excellent at what they do to help people. I highly recommend them."
in a product liability case which involved a defectively designed seat belt in a vehicle. The victim suffered partial paralysis.
in a slip and fall on ice outside a restaurant in Springfield, Illinois. The ice accumulated by reason of negligently routing water from a downspout.
$15 Million Collected
in a catastrophic injury case involving a 13 year-old plaintiff who suffered permanent brain injury in a rollover crash. There were negligent acts alleged of several Defendants.
$1.1 Million Awarded
in a case stemming from the death of a minor who fell into a mobile home park’s sewage treatment lagoon. An offer of $50,000 was made prior to trial.
$3.5 Million Awarded
in a medical negligence case due to the failure to appropriately diagnose stroke symptoms, resulting in severe and permanent disability.
$3.1 Million Awarded
in aggregate, to childhood victims of sexual abuse by a member of the Clergy.
$3.5 Million Awarded
in aggregate, to victims of childhood sexual abuse by Catholic priests.
$1 Million Awarded
to minor victims of sexual abuse by a daycare worker. The daycare was charged with negligent hiring and retention of an employee.
$1.65 Million Awarded
in a medical negligence case due to a birth trauma, to a baby in delivery, resulting in significant cerebral palsy.