Friday, February 3, 2012

Benefits overview : Illinois Workers Compensation Law Blog

Every once in a while, we post a re-cap of the benefits you?re entitled to if you?re injured on the job in Illinois. The laws changed recently, so here is an updated overview:

Medical: Your medical bills should be covered 100% for an injury that arose out of and in the course of your employment. So anything that happens while working or doing something related to working should be covered. Illinois law changed recently and now allows employers to set up preferred provider networks (PPOs). This limits your choice of doctors more than before. Disputes often arise over medical care. It has to be relevant and necessary, and the insurance company might argue that you are asking for something (therapy, surgery) that is not necessary. If you can?t negotiate a solution, you can request a hearing.

Lost wages: If you are unable to work because of your injury, you are entitled to 2/3 of your average weekly wage; this is called TTD (temporary total disability). If you are able to do some work, but it pays less, you get 2/3 of the difference in wages; this is called wage differential. A worker can only receive wage differential benefits for five years or until they turn 67, whichever is later.

Permanent disability: If your injury is permanent, which you won?t know right away (or at least it won?t be agreed upon right away), you should get a settlement. Usually this is a lump sum paid to you by the insurance company. In exchange, they usually have you waive future medical benefits. This means that if your injury acts up years later, you can?t go back to them to pay for treatment. It?s all negotiable, and in some cases medical benefits are left open. There also are benefits available for scarring caused by an injury or illness.

There are other ancillary benefits, such as vocational rehabilitation, which helps you train and find another job if your injury prevents you from returning to your previous job or career. Note that in a work injury case, pain and suffering is not available, as it is in other types of injury cases. In cases where death results, benefits are available for the surviving spouse or minor children.

If someone from the insurance company tells you that you are not eligible for benefits or that your medical treatment is not necessary, don?t assume they are right. Their job is to save the insurance company money, not give it to you. In an ideal situation, your attorney should be the one talking with the insurance company. Insurance companies are known for taking advantage of unrepresented claimants.

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our statewide network of attorneys.?Contact us and we will answer your questions or find the right lawyer for your situation.

2/2/12

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Source: http://www.illinoisworkerscomplaw.com/2012/02/articles/benefits/benefits-overview/

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Thursday, February 2, 2012

Weatherford's gifts keep on coming to hometown (AP)

INDIANAPOLIS ? The first time Steve Weatherford rolled through the New York Giants locker room with a laundry cart, collecting castoff tennis shoes and cleats, he made sure to tell teammates he wasn't selling their stuff on eBay.

Quite the contrary.

"Every time he asks, I give him a pair," Giants receiver Hakeem Nicks said. "I knew it was for a good deed because he had a big bucket full."

While the rest of the world knows Weatherford for his, how to put it delicately, "exuberant" reaction after the Giants beat the San Francisco 49ers to advance to Sunday's Super Bowl, the people in his struggling hometown of Terre Haute, Ind., know him for his unending generosity. He has donated money for groceries, and helped raise funds to pay off one family's electric bill. He has sent countless autographed items to be auctioned off for the local United Way and Boys Club.

And those shoes he collects? He ships them back to be handed out to school kids in Terre Haute. The latest care package arrived Wednesday, two boxes filled with shoes from Nicks, Justin Tuck and the other Giants.

Few Super Bowl souvenirs could be better.

"I always thought he'd be a successful person because of his drive and ambition. I knew he was a good athlete," said Danny Tanoos, the superintendent of the Vigo County School Corp. "I wasn't anticipating that he would be so caring about the underprivileged and underserved of our community.

"He just never has said no."

Terre Haute seems an odd candidate for an impoverished city. Located about 70 miles west of Indianapolis, it is home to both the prestigious Rose-Hulman Institute of Technology and Indiana State University, Larry Bird's alma mater.

But 28 percent of its population was below the poverty line in 2009, double the state average. Fifteen percent were below 50 percent of the poverty line, more than double the state average. Of the 16,000 students in the Vigo County district, Tanoos said 54 percent are on fee-reduced lunches.

And every Friday, school officials pack up backpacks of food to send home so students won't go hungry over the weekend.

"There's a lot of people in need and there's a lot of good people that support me there, and they were influential in my sports career and my upbringing," said Weatherford, whose parents still live in Terre Haute. "To be able to have the opportunity, to be put in the position to be able to give back so generously, is a no-brainer for me."

Plenty of athletes do charitable work, giving of both their time and money. Former running back Warrick Dunn has provided more than 100 single parents in Atlanta, Tampa, Baton Rouge, La.; and Tallahassee, Fla., with homes, and Denver Broncos quarterback Tim Tebow raises money for the orphanage his father works for in the Philippines.

But there is something about Weatherford's generosity that somehow seems more personal.

"You know a lot of people give back and he's not one to seek out the spotlight for doing so. But it's special," Giants kicker Lawrence Tynes said.

One of the perks of being an NFL player is an endless supply of high-end tennis shoes and cleats. Most players wear them for only a short time, barely long enough for them to get scuffed or scratched.

What some may see as a waste, Weatherford saw as an opportunity.

"It's not like we wear cheap, trashy cleats. These are $150 a pair, and guys will wear them three times and throw them out," he said. "So you just kind of dust them off and send them back home."

Once they found out what Weatherford was doing, his teammates were more than willing to pitch in. Nicks says he donates "a pair of cleats and a pair of Jordans" whenever Weatherford roams through the locker room with his cart, while others drop them off on their own.

Weatherford estimates he's collected 500 pairs of shoes over the last three seasons, making a shipment about once a month.

"Obviously it's important to me because I go through the trouble of asking everybody, `Hey do you want those?' But everybody knows why I do it," he said. "To be able to help so many children and so many people in need, it only costs me 20 minutes out of my day maybe once a month during the football season. It's important, and I know those people really appreciate it."

Tanoos, who has known Weatherford since he was in high school and has become one of the Giant's closest friends, is in charge of distributing the goodies. He spreads them around the district's three high schools, and the kids are ecstatic to have a pair of shoes that once belonged to Nicks or Tuck or another NFL star.

"Their eyes become the size of silver dollars," Tanoos said. "They wear them with such pride because many of these kids, the best shoes they're wearing are the ones Steve sends them."

Weatherford also sends Tanoos memorabilia signed by him and his teammates that can be auctioned off for local charities. A ball signed by Giants quarterback Eli Manning fetched $825 at an auction to benefit the United Way earlier this week, in fact, while one signed by Weatherford brought in $650.

Terre Haute residents have tried to find ways to thank Weatherford. His refrigerator is covered with hand-drawn pictures, "Go Giants!" written in crayon. When the Giants made the Super Bowl, an electronic billboard began flashing a congratulatory message. Somehow, though, it never seems like enough.

So when Weatherford called Tanoos late Monday night and said he was going to come home for a few hours Tuesday, the city responded with an impromptu pep rally. Weatherford, Tynes and long snapper Zak DeOssie got a police escort, and they walked into the Terre Haute North gym to find more than 2,000 people waiting.

"I tell you what, the hair stood up on the back of my neck," Tynes said.

"I told the kids at the school, `Steve's a good punter but he's an even better father and husband,' so I think that says it all," Tynes said. "He's taking care of Terre Haute and you know what? He's a stand-up guy. They should be very proud of him."

___

Follow Nancy Armour at http://www.twitter.com/nrarmour

Source: http://us.rd.yahoo.com/dailynews/rss/sports/*http%3A//news.yahoo.com/s/ap/20120201/ap_on_sp_fo_ne/fbn_super_bowl_weatherford_s_gifts

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Study: Follow-up Exams Key in Diagnosing Child Sexual Abuse Problems (ContributorNetwork)

In cases of child sexual abuse, a second follow-up exam often finds injuries, trauma or sexually transmitted infections missed on the first evaluation, especially in teens, says a study published by the American Academy of Pediatrics. With 80,000 reports of child sexual abuse in the U.S. annually, doctors say children should be examined at least once more in cases of reported sexual assault. Here are details about child sex abuse and how further medical evaluation might help.

* According to Child Help, in 2009, allegations of abuse were made on about 6 million children. 7.6 percent of those children are sexually abused.

* The Pediatrics study looked at characteristics of children and sexual abuse and how the length of time between reports of abuse and examinations affected diagnosis. Researchers explored how injuries and STIs changed between two examinations and how the experience and qualifications of the examiner affected the treatment children received.

* Nearly 18 percent of children who received follow-up examinations were diagnosed differently. 6.5 percent showed STIs that hadn't appeared on the initial examination. In 23 percent of children who were seen a second time, the findings were different.

* According to Reuters, physicians who conducted the study gave several reasons for different findings. When children are first evaluated, they are often frightened and in pain. It might be difficult to get a clear idea of what happened and the nature of the injuries. Parents might be unwilling or unable to give specific information. Parents might be better able to provide information at follow-up examinations. Additionally, some STIs don't always show up immediately.

* Second examinations showed more variance in diagnosis with adolescents, females and sexually active patients. Also those who experienced genital-to-genital contact, drug-facilitated assault or who had unclear initial examinations had differing diagnoses.

* Along with a second medical examination, the American Academy of Child and Adolescent Psychiatry recommends that in reports of sexual abuse, parents get a psychological examination for their children. They also offer resources for families.

Marilisa Kinney Sachteleben writes about parenting issues from 23 years raising four children and 25 years teaching K-8, special needs, adult education and home-school.

Source: http://us.rd.yahoo.com/dailynews/rss/sexualhealth/*http%3A//news.yahoo.com/s/ac/20120201/hl_ac/10915489_study_followup_exams_key_in_diagnosing_child_sexual_abuse_problems

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Wednesday, February 1, 2012

Vt. struggles to rebuild mental health system (AP)

MONTPELIER, Vt. ? The remnants of Hurricane Irene did what policymakers hadn't been able to accomplish for more than a decade ? close the state's antiquated psychiatric hospital.

The storm flooded much of the state Aug. 28, including the complex containing the Vermont State Hospital in the north-central town of Waterbury, but it's still raining down on the mental health system.

It has been felt in the emergency rooms and medical wards of community hospitals, where the state's most acutely mentally ill residents, who formerly would have gone to the Waterbury, have put new stresses on staff.

"I have witnessed a hospital floor I used to be proud to work on ... become an acute, chaotic, stressful environment that is not conducive to productive treatment for any patient," Christina Sclafani, a registered nurse at Burlington's Fletcher Allen Health Care hospital, said in recent testimony to the Legislature.

It's been felt by county sheriffs and their deputies, who find themselves transporting the mentally ill to far corners of the state in search of care, only to end up standing guard round the clock for days in hospital rooms, waiting for a psychiatric bed to open up.

"I've got a great staff, but they're not therapists, they're not mental health counselors, and I don't want them to be," said Windham County Sheriff Keith Clark. When the mental health system has a patient for which it can't find a placement, "someone hits the default button and the sheriff gets called."

Emergency room doctors from other hospitals have told lawmakers of patients assaulting staff members or making threats but being left unguarded when the officer standing watch is called away for an emergency.

Vermont's mental health system had been in cool crisis for more than a decade. The Vermont State Hospital had so many problems it was decertified and had lost federal funding in 2003. Two patient suicides that year were blamed on outdated features and staff failings. One woman hanged herself with an overlooked shoelace, and a man hanged himself with a belt secured in a gap between a bookcase and a wall.

A succession of governors looked for ways to close the hospital, without success.

Gov. Peter Shumlin says he wants to turn the now-hot crisis into an opportunity. He has launched a plan to replace the 54-bed Waterbury hospital with a new, smaller locked facility, and expanded psychiatric wards at two hospitals that have such units. He also wants to move patients deemed eligible to less secure settings like group homes.

"I think we've put together an integrated plan that's going to ensure patients come first, that's going to ensure that we can provide better mental health services, cutting-edge mental health services, that are community based, only using acute beds when we need to," Shumlin said.

Former staff at the Waterbury hospital, many of whom have followed patients to other facilities around the state and have been working away from home for days at a time, argued that they had the special training and experience ? and professional synergy between them ? to care for the most acutely ill patients.

The state employees union has argued that the shift to a smaller state institution and greater use of psychiatric units in nonprofit hospitals amounts to privatization of what had been considered a crucial government service.

Despite the problems, some people are happy to see the Waterbury hospital closed.

Xenia Williams, a former Waterbury patient who went on to help to care for patients for Washington County Mental Health services, said she recently attended a meeting with five displaced patients.

"All five of them were extremely outspoken about how glad they were to be out of VSH and what a horrible place it was," she said. "The few I've talked to who are sorry it's no longer available are people who appear to have real problems with self-esteem. They've bought the idea that they're some sort of inferior person who doesn't deserve to be treated well."

Vermont's mental health commissioner, Patrick Flood, said he sees a big opportunity for the state.

With Waterbury's patients moved elsewhere, the state suddenly is able to collect the federal Medicaid matching funds that weren't available when they were housed at the decertified hospital.

Under Shumlin's plan, Flood said, the state will be able to reduce the $22.5 million a year it was spending on the Waterbury hospital to $16.7 million, but now draw federal matching money, bringing the total available to about $41 million.

"Now we are going to be able to meet an awful lot of unmet needs in the state," Flood said, "the problems we've had in corrections," with mentally ill residents showing up in Vermont's prisons, "the problems we see on the streets of Burlington with homelessness."

"The idea that we can invest an additional $20 million in services for people with mental illness is amazing. It's what people have been talking about for a very long time," Flood said.

Source: http://us.rd.yahoo.com/dailynews/rss/diseases/*http%3A//news.yahoo.com/s/ap/20120131/ap_on_he_me/us_irene_mental_health

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Argentina calls William Falklands 'conquistador' (AP)

BUENOS AIRES, Argentina ? Argentina said it doesn't seek another war over the Falkland Islands, and accused Britain of militarizing their sovereignty dispute by announcing Tuesday that it is sending an advanced warship to the islands along with Prince William "in the uniform of a conquistador."

The assignment of Prince William, a Royal Air Force helicopter pilot, for a six-week military mission in the Falklands in February and March has been a sore point for Argentina. It has sought to reclaim the South Atlantic archipelago that it calls the Malvinas Islands ever since Britain seized the islands some 180 years ago.

Both countries have engaged in a war of words in recent weeks ahead of the 30th anniversary of Argentina's failed attempt to take the islands back. Its invasion ended with more than 600 Argentine soldiers killed and 200 British dead in an international humiliation for Argentina's military junta.

Weakened by that defeat, the dictatorship soon allowed the return of democracy, and Argentines have had little appetite since then for war.

Instead, Argentina hopes diplomatic and economic measures will pressure Britain to comply with United Nations resolutions encouraging both countries to negotiate the islands' sovereignty. British leaders have refused to do that.

The pressure on Britain includes a ban by South America's Mercosur nations on any Falklands-flagged vessels entering their ports. That action prompted British Prime Minister David Cameron to accuse Argentine President Cristina Fernandez of having "colonialist" aims on an island population that wants to remain a British dependency. She accused Cameron of "mediocrity bordering on stupidity."

British Foreign Secretary William Hague came back with more fighting words Tuesday, telling Sky News that Britain is sending one of its most modern warships, the destroyer HMS Dauntless, to the Falklands. He called the deployment a routine replacement of another warship, but also stressed that "the Royal Navy packs a very considerable punch."

Argentina's foreign ministry accused Britain of taking the debate over the islands into dangerous territory to distract people from British economic problems.

"The governments should avoid the temptation of inciting debates that transform patriotism into bullying with the aim of distracting public attention from political decisions to reduce spending in the context of structural crisis and high unemployment," the foreign ministry's statement said.

It added that while Argentina pursues peace around the world by participating in U.N. missions, "Britain insists on ignoring U.N. resolutions, weakening diplomatic efforts and increasing the risk of more wars."

Argentines are saddened that Prince William "will arrive on our soil in the uniform of a conquistador, and not with the wisdom of a statesman who works for peace and dialogue between nations," the ministry said.

The 29-year-old prince, known in the military as Flight Lt. William Wales, is expected to return to Britain before the April anniversary of Argentina's invasion. His uncle, Prince Andrew, served as a Royal Navy helicopter pilot during the war.

Source: http://us.rd.yahoo.com/dailynews/rss/britain/*http%3A//news.yahoo.com/s/ap/20120201/ap_on_re_la_am_ca/lt_britain_falklands

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