Karmel & Torres, LLC Employment Lawyer, Chicago | Union Representation, West Michigan 2026-05-01T07:04:37Z https://www.karmellawfirm.com/feed/atom/ WordPress /wp-content/uploads/sites/1604406/2022/06/cropped-KLF-Badge-32x32.png On Behalf of Karmel & Torres, LLC <![CDATA[Recognize and respond to sexual harassment in the workplace]]> https://www.karmellawfirm.com/?p=48999 2024-02-29T10:47:28Z 2024-02-29T10:46:30Z Sexual harassment is a serious issue that can drastically impact your work environment. It can make you dread going to work, create anxiety and compel you to avoid certain areas where the perpetrator might be present. It is important to remember that you don’t have to endure such circumstances. There are worker-protected actions you can take to ensure your safety.

Defining sexual harassment by coworkers

Sexual harassment can manifest in many forms. It’s not always overt or physical. It can include inappropriate comments, jokes or gestures of a sexual nature, unwelcome sexual advances or even requests for sexual favors. These behaviors can be initiated by a superior, a peer or even a subordinate. Everyone has the right to work in a professional environment free from such behavior. If you feel unsafe due to these actions, you have the right to act swiftly and within legal parameters.

Your advocates at work

Illinois takes sexual harassment seriously and deems it unlawful under the Illinois Human Rights Act. This act covers both private and public employers and educational institutions. The Department of Human Rights (IDHR) investigates any claims of discrimination, including sexual harassment, and maintains confidentiality during the process. If you face sexual harassment, your initial step should be to inform your Human Resources Department, manager or supervisor. Many employers have explicit policies in place to address and report such misconduct. However, if your organization does not adequately address the situation, you may need to escalate the issue. In Illinois, the IDHR can assist you. The department has authority over sexual harassment complaints in various sectors, including employment.

Seeking further protection

Just like any other individual at work, you deserve respect. You must enforce your rights against sexual harassment. If you decide to escalate the matter to IDHR, consider seeking a legal professional to guide you in pursuing a claim against the harasser. You have the right to a safe, respectful work environment and can take legal action to ensure it.]]> On Behalf of Karmel & Torres, LLC <![CDATA[What to do if my employer has no workers’ compensation insurance]]> https://www.karmellawfirm.com/?p=48998 2024-02-15T10:43:48Z 2024-02-15T10:43:48Z The appropriate response to this situation can vary from state to state. Illinois has stringent regulations regarding insurance requirements, making coverage necessary under federal and state law. If an employer violates these policies, employees can take legal action to obtain compensation for their work-related injuries.

Taking legal action appropriately

Workers’ compensation insurance can help shield employers from civil suits. If they do not have coverage, they can be vulnerable to lawsuits. If you are an injured employee, you can sue your employer in court for not having insurance coverage. This option can take a huge toll on your employer because there are often no limits on compensation amounts for damages. Additionally, employers found non-compliant with insurance requirements can receive additional misdemeanor or felony charges, leading to severe penalties.

Exercising your rights as an employee

Work-related injuries can force employees to stop working, causing financial strain on them and their families. There can be a lot riding on their workers’ compensation coverage, especially if their injury could make them unable to work again for a long time. If there are circumstances hindering your access to your rightful benefits, it can be helpful to seek legal counsel. Doing so can help you learn about your legal options, especially if someone else’s negligence got in the way of your insurance coverage.]]> On Behalf of Karmel & Torres, LLC <![CDATA[Are case managers required to oversee a workers’ comp case?]]> https://www.karmellawfirm.com/?p=48996 2024-02-05T18:32:06Z 2024-02-05T18:29:14Z When your employer proposes a case manager to manage your workers’ compensation case, you might be uncertain whether to agree. These managers, often hired by employers, assist in coordinating care and improving communication among all parties. They can simplify the process and advance your case. But remember, no matter the pressure, the decision to involve a case manager is always yours.

Employee autonomy in medical care

In Illinois, having an employer-appointed coordinator for your case is not mandatory. As an employee, you can decide how much a case manager’s or nurse’s role matters in your health care. You have the right to decline their services if you wish. However, limiting the involvement of a case manager can pose certain challenges. These might include managing communication between your employer and insurance company or understanding complex medical terms.

Obligation to communicate with different parties

When you choose to limit the involvement of a case manager, you will need to take on their responsibilities. For example, without one, you’re tasked with duties they typically handle like providing relevant information to your company and the insurer for your workers’ compensation claim, such as:
  • Medical records
  • Doctor’s notes
  • Your treatment plans
You also need to provide other documents, like receipts for medical expenses or proof of missed work, to support your claim.

Your ultimate choice

A case manager can undoubtedly be helpful in handling a workers’ compensation claim. Involving one could reduce the stress and confusion of managing your case. However, if you have disagreements about your treatment or injury, you might want greater control over your case. In such situations, consider consulting an attorney experienced in workers’ compensation. They can help protect your rights and represent your interests in the situation. Always remember, the decision to involve a case manager is entirely yours and should reflect what you think is best for your situation.]]> On Behalf of Karmel & Torres, LLC <![CDATA[How to handle a workers’ comp claim denial in Illinois]]> https://www.karmellawfirm.com/?p=48994 2024-01-18T13:28:06Z 2024-01-18T13:28:06Z Understanding the denial Your employer or worker's comp insurer won’t deny your claim for no good reason. You should carefully review the denial letter, which should explain why your claim was turned down. Some of the more common reasons why an employer or insurer would deny a claim include:
  • Insufficient evidence that the injury is work-related
  • Missed deadlines for reporting the injury or filing the claim
  • Discrepancies in your medical records or employment history
Once you understand the reason for the denial, you can then take steps toward appealing the decision.

Appealing a denial

There are several steps involved in appealing a claim denial. The Illinois Workers' Compensation Commission (IWCC) will administer the appeals process. However, the agency itself won’t automatically prepare a hearing over your case until you file the appeal. The steps to appealing a denial are:
  • Collect more evidence: Whether your employer or insurer denied your claim due to insufficient evidence or disputed your employment status, it wouldn’t hurt to collect even more proof. Medical records, witness statements and employment documentation will all be useful for your case.
  • File an appeal: You must file a claim with the IWCC to start the appeals process. You only have 30 days from the date you received the denial letter to file an appeal.
  • Prepare for your hearing: Once the IWCC receives your application, it’ll assign an arbitrator to your case and schedule a hearing. Note that the burden of proof lies with the employee to prove that they’re eligible for benefits, so you should be ready to present your evidence and explanation.
A denied workers' compensation claim doesn't have to be the final word. Understanding the denial and taking prompt action allows you to navigate the appeals process and advocate for your rights as an Illinois worker. If you need guidance throughout the procedure, consider hiring a legal professional who can also fight for your right to benefits.]]> On Behalf of Karmel & Torres, LLC <![CDATA[When do you start receiving workers’ comp payments?]]> https://www.karmellawfirm.com/?p=48993 2024-01-10T15:18:39Z 2024-01-10T15:18:39Z How the process works After an accident, you have 45 days to notify your employer. However, reporting the incident immediately may work better in your favor. After initiating a workers' compensation claim, your employer's insurance provider must check your eligibility, which may take time. In most cases, benefits should kick in after a three-day waiting period. However, certain factors surrounding your case may delay the investigation and the benefits you are due.

The waiting period

After receiving notice of your accident, your employer must immediately inform their insurance carrier or workers’ compensation administrator. If your doctor believes you should not work for at least three days, your employer must take either of the following steps:
  • Start paying temporary total disability (TTD) benefits; or
  • Provide you with a written explanation of additional requirements you need before payments can start
  • Provide you with a written explanation of why your claim is denied.
In case your disability lasts for 14 days or more, then your employer must also compensate you for the three working days you lost. You should receive about two-thirds of your prior gross income.

What may cause a workers’ comp claim to be denied?

Receiving a rejection can be devastating. Nevertheless, your employer should provide an explanation for denying you benefits. Among the most common reasons are:
  • The injury did not happen on the job
  • The injury was caused by a pre-existing condition
  • The employee’s report was insufficient
In your situation, you should be prioritizing recovery, but that may be difficult to do when facing financial uncertainty and complicated claims processes. If you encounter problems with receiving your benefits, there are many legal resources available that may help you.]]> On Behalf of Karmel & Torres, LLC <![CDATA[What can I receive under workers’ comp for PP disabilities?]]> https://www.karmellawfirm.com/?p=48992 2023-12-28T08:31:08Z 2023-12-28T08:31:08Z Fortunately, their coverage can help protect them until they are ready to resume employment in a position that matches their capabilities. Employees who can return to work despite work-related injuries may be under the permanent partial (PP) disability category. Benefits for this compensation type may vary, including the following:
  • Wage differential benefits - This amount applies when the employee finds new employment, but the wage is lower than the job they had before sustaining their disability. The value of this benefit can vary based on the wage difference.
  • Injury compensation - There is a list assigning specific amounts for body parts or a schedule of injuries. The amount of this benefit significantly hinges on the type of injury.
  • Non-scheduled injuries - This benefit applies to other injuries that have no assigned value but can cause physical impairments.
  • Permanent disfigurement benefit - It often applies to employees left permanently disfigured by their work-related injury.
These benefits are standard but may change based on the situation. PP compensation amounts can go up or down depending on the case details.

Setting expectations based on practical information

As an employee, you would want to maximize your workers' compensation, especially if you cannot work immediately after receiving medical care. Sometimes, work-related injuries can be so severe that they require extensive rehabilitation and specialized treatments, racking up a considerable bill. Despite these needs, setting expectations based on practical information is best to avoid overestimating your benefit amounts. You can also seek legal counsel to learn more about what you can do to support your workers' compensation claim and what outcomes can happen, considering your unique circumstances.]]> by joekarmel <![CDATA[Employee Reinstated Due to Company’s Lax/Uneven Enforcement of Work Rules]]> https://www.karmellawfirm.com/?p=48991 2023-12-26T23:01:49Z 2023-12-26T23:01:49Z On Behalf of Karmel & Torres, LLC <![CDATA[Joseph Torres, Partner, met Southern Illinois union stewards and presented the fundamentals of the “duty of fair representation”]]> https://www.karmellawfirm.com/?p=48979 2023-12-14T22:43:53Z 2023-12-14T22:27:51Z On September 12, 2023, Joseph Torres, Partner, met Southern Illinois union stewards and presented the fundamentals of the “duty of fair representation.” A union satisfies its duty of fair representation unless its failure to represent a member was arbitrary, discriminatory, or in bad faith. Vaca v. Sipes, 386 U.S. 171, 186 (1967). This standard is highly deferential towards unions and grants unions a wide range of reasonableness in their representational activities. Despite this deferential standard, untrained union stewards and representatives regularly violate the duty of fair representation, resulting in significant costs and penalties for unions. Stewards are the front-line representative for every union, and it is imperative they are properly trained and understand the limits of their representational activities. To ensure your union is protected, contact the attorneys of Karmel & Torres, LLC to schedule steward training and seminars.]]> On Behalf of Karmel & Torres, LLC <![CDATA[Does workers’ comp cover travel-related injuries?]]> https://www.karmellawfirm.com/?p=48972 2023-12-13T20:30:33Z 2023-12-13T20:30:33Z When does workers’ compensation apply? Workers’ comp covers the medical bills and lost wages of employees who sustain illnesses and injuries while fulfilling their duties. Its scope applies to occupational injuries arising out of and during employment, regardless of the location. For example, workers who suffer a fracture because of faulty company equipment are eligible for benefits. Similarly, those who get into an accident while driving to a meeting may also recover compensation. This is because they were traveling for the employer’s benefit during the incident. However, workers' comp does not apply to all travel injuries.

How does the coming-and-going rule affect workers’ comp?

Under the coming-and-going rule, traveling to and from the workplace is a personal activity. This is because the employee is not providing a service to the company while commuting. Exceptions apply only when an injury is related to the employee's job duties or if they were undertaking an activity that benefitted the employer. These exceptions include:
  • Performing a special errand or mission: Injuries sustained while performing a task outside the workplace at the employer’s request are work-related. Examples of special errands include picking up supplies before getting to the office or going on a business trip.
  • Traveling as a major part of job duties: There are occupations where traveling is essential, such as pilots or truck drivers. If injured, these employees should be eligible for workers’ comp if they were performing their primary duties at the time of the accident.
  • Driving company-provided vehicles: Employees involved in an accident while driving a company car may be eligible for compensation, depending on the circumstances. These vehicles, often used for accomplishing job duties or as moving advertisements for the company, are typically for the employer's benefit.
For many workers, traveling is an integral part of the job. But these trips are no stranger to accidents. After sustaining an injury, facing the complex process of filing a workers’ compensation claim can be frustrating. From resolving conflicts to meeting tight deadlines, legal support may help workers pursue the benefits they deserve.]]> On Behalf of Karmel & Torres, LLC <![CDATA[Are you entitled to overtime pay in Illinois?]]> https://www.karmellawfirm.com/?p=48971 2023-12-04T09:26:15Z 2023-12-04T09:26:15Z What is your employee class? When determining whether you should receive overtime pay, you should confirm your classification as a worker. Nonexempt employees who work beyond 40 hours a week should receive overtime benefits while exempt employees are not. Exempt employees include car salesmen, executives and commissioned employees, among others. If you are a nonexempt employee by definition of the federal and state laws, you are entitled to overtime pay.

How much is the overtime pay?

If you worked over 40 hours in a workweek, you should receive 1.5 multiplied by your regular hourly rate as your overtime pay. What counts as a workweek depends on your employer’s definition under their company policies.

When should you get your overtime pay?

Your employer should pay you your overtime pay on the regular pay day for the pay period and no later than 13 days after the end of said pay period. If your employer refuses to pay you overtime pay or intentionally misclassifies you to avoid paying it, you can file a wage claim against them up to three years from the date you earned the pay under Illinois laws.

Protect your employee welfare

Wage and hour laws include intricate aspects which, without proper understanding of, can result in employees’ pay deprivation and potential exploitation. Hence, it is crucial for you as a worker to know your rights to protect your employee welfare. If you were unable to prevent your employer’s conscious and intentional holding of your pay, you have remedies you can explore to hold them accountable.]]>