Workers' Compensation and Third-Party Claims for Injured HVAC Workers

 Posted on March 08, 2021 in Workers' Compensation

Did you know that heating, ventilation, and air conditioning (HVAC) jobs are listed in the top 25 most dangerous professions? Burns, electrocutions, falls, and other HVAC accidents can lead to severe injuries and even death. In 2018, just under 7,000 HVAC workers suffered injuries and 40 workers were killed in a work-related accident. If you or a loved one were harmed in an HVAC work accident, it is important to know your rights. You may be entitled to compensation through your employer’s workers’ compensation insurance and/or a third-party claim.

Types of Work Injuries for Which You May Be Owed Compensation

Per Illinois law, workers’ compensation coverage is "no-fault." This means that you do not have to show that your employer or another party’s actions caused your work injury to be covered by workers’ compensation. As long as the injured person is an employee and not an independent contractor and the injury occurred during the course of work, the injured person is typically covered.

Some of the most common work-related HVAC injuries include:

• Electrocution and burns caused by wiring hazards

• Injuries from manipulating heavy equipment

• Exposure to asbestos and other toxic materials

• Falling from rooftops and other heights

• Slip and fall or trip and fall injuries

• Struck-by accidents

• Equipment-related accidents

• Repetitive motion injuries

Amount of Compensation for an HVAC Accident

In Illinois, workers’ compensation insurance covers an injured employee’s medical expenses and part of the employee’s lost wages. You could receive temporary total disability benefits equal to two-thirds of your weekly wage if your injuries require you to take time off of work. If you must take a lesser-paying position while recovering, you could receive temporary partial disability benefits equal to two-thirds of the difference between your typical pay and your post-injury pay. You could receive permanent total disability benefits equal to two-thirds of your weekly pay if your injuries caused you to be permanently disabled. Unfortunately, obtaining the compensation you deserve is often much more difficult than many workers expect. An attorney can help you file a claim, appeal a workers’ compensation denial, and provide the legal advocacy you need.

Third-Party Claims for HVAC Injuries

If your injuries were caused by another party’s negligence, you may also be able to seek compensation through a third-party claim. You can bring a personal injury claim in addition to a workers’ compensation claim if your injuries were caused by a negligent driver, contractor, product manufacturer, property owner, or other third party. Through a personal injury claim, you may be able to receive compensation for your full lost wages, your medical bills, the harm to your earning capacity, and your non-economic damages like pain and suffering.

Elk Grove Village Workers’ Compensation Lawyer

At Kaiser Law, our knowledgeable Cook County workers compensation attorneys help injured workers seek compensation through all possible legal avenues. We understand the obstacles many injured workers and their families encounter when trying to pursue compensation and how to overcome these hurdles. Call our office today at 630-233-9946 to schedule a free consultation.

Source:

https://www2.illinois.gov/sites/iwcc/Documents/act.pdf