"AMERICA, HOME OF THE FREE, BECAUSE OF THE BRAVE" OFFERING FREE CONSULTATIONS 630-574-2288
Chat
Espanol

Archive for April, 2018

5 Workers’ Compensation Myths Debunked

April 13th, 2018 at 9:17 am

DuPage County workers' compensation attorney, no-fault insurance, workers compensation myths, workers' compensation claims, workplace injuryEmployees who sustain an injury while at work are often not aware of their rights. Therefore, if you experience an injury on the job, you should know that you are entitled to workers’ compensation benefits. To clarify how workers’ compensation works, we have decided to debunk these five common workers’ compensation myths. 

Myth #1: You cannot collect workers’ compensation benefits if you are responsible for your injury.

Contrary to popular belief, workers’ compensation is not a fault-based system. Therefore, you are eligible for workers’ compensation benefits regardless of the cause of your injury. As long as your case adheres to the strict time limits and you notify your employer of your injury right away, you can receive compensation.

Myth #2: By filing a workers’ compensation claim, you are suing your employer.

Sometimes, employees do not want to file a workers’ compensation claim because they believe they are suing their employer. This is not the case as you cannot sue your employer for a workplace injury. If a third party contractor or a piece of faulty equipment led to your injuries, then you may file a third party lawsuit.

Myth #3: Workers compensation’ claims cannot get denied.

Since workers’ compensation is a no-fault insurance, you may believe that every claim gets accepted. The truth is if you are unable to provide strong evidence that your injury occurred while you were on the job, then your employer’s insurer may deny your claim. Fortunately, you can appeal your workers’ compensation claim denial if necessary.

Myth #4: A workers’ compensation claim may cause your employer to fire you.

Your employer does not have the right to fire you for filing a workers’ compensation claim. Doing so is referred to as retaliation and can lead to serious penalties. If your employer attempts to fire you for seeking workers’ compensation benefits, reach out to a lawyer right away.

Myth #5: You do not need an attorney to file a workers’ compensation claim.

If your employer does not contest the fact that you are eligible for workers’ compensation and you do not need to take time off from work, then you may be able to represent yourself. In the event your employer denies that your injury occurred while you were on the job, or they have attempted to fire you, you should contact an experienced workers’ compensation attorney. Legal representation may also be necessary if your workers’ compensation claim was denied.

Contact the DuPage County Workers’ Compensation Attorneys

If you have suffered a work-related injury, it is in your best interest to consult a compassionate DuPage County workers’ compensation attorney. We can guide you through the process of filing a claim and make sure your rights are protected.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2430&ChapterID=68

Back to Top Back to Top Back to Top