Archive for the ‘How to File a Worker’s Compensation Claim’ Category

Employer Notification of a Work-Related Injury in Illinois

July 26th, 2017 at 8:36 pm

Illinois workers comp attorney, Illinois work injury lawyer, If you have been injured in a work-related accident in the state of Illinois, then there are important steps you need to take to ensure you receive the workers’ compensation benefits you are entitled to.

Under Illinois law, an injured employee can give notice of the injury either orally or in writing. Some companies may have a company policy that all injuries and accidents need to be submitted in writing. If this is your company’s policy, then it is recommended you do so, however, not following your employer’s requirement will not affect your workers’ compensation claim.

According to state law, an injured worker has 45 days from the day of injury to notify his or her employer of the incident. Although the law allows you that much time, the reality is that it should be one of the very first things you should. If there is a delay between the time you were injured and the time you notify your employer, they could use that against you in an attempt to deny your claim.

An employee may have a legitimate reason why they did not report the injury immediately. One example could be a case where the employee thought the injury was only a minor one, but after several days or weeks, symptoms begin to worsen and the employee finds it necessary to seek medical treatment. The employee then tells the employer about the injury, explaining it happened weeks ago. This could raise suspicion with the employer that either the employee is making the injury up or the injury happened somewhere else and the employee is only seeking to file a false work-injury claim.

The employer – and their workers’ compensation insurance carrier – could reject the claim and refuse to pay the employee the workers’ compensation benefits they may be entitled to.

When it comes to repetitive stress injuries, there is usually not an “accident date” that can be pinned down as when the injury occurred. Instead, these types of injuries develop over time. When a worker realizes they are having medical issues, they should report it to their employer.

Let a Chicago Worker Injury Attorney Advocate for You

If you have been injured on the job or developed a work-related illness, contact a skilled Chicago workers’ compensation attorney to discuss your situation. Although injured workers would like to think their employer only has their best interest in mind, the reality in many situations is that the injured employee needs the assistance of an attorney who will ensure that their rights are protected and they receive all the benefits they are entitled to.




What Do I Do When My Workers’ Compensation Claim Was Denied?

July 22nd, 2016 at 3:16 pm

denied, Chicgao workers' compensation lawyerUnfortunately, not all workers’ compensation claims go as smoothly as they should. Even if the injuries you sustained clearly happened on the job and, and are severe, you may run into problems with your employer’s insurance provider, or even the employer themselves. However, when you receive a denial, you have the right to challenge the claims administrator’s decision. During this process of challenging the claim, it is in your best interest to seek the advice of an attorney. An attorney can not only help you decide if an appeal is the right way to go, but can help you navigate the paperwork, gather evidence, and build a case that will win in court.

Common Reasons for Claim Denials

First of all, approved insurance claims cost everyone money. That is, they cost your employer and their insurance provider money in terms of higher insurance rates and lost profit, respectively. As such, it does not make good economic sense to accept every workers’ compensation claim without thorough analysis. Unfortunately, it does not always stop there. Some employers or insurance claim adjusters will come up with any imaginable excuse for denying coverage. It may come down to a lack of trust (the employee or insurance adjuster does not believe that the injury occurred on the job), or the claim may be denied for more mundane reasons, such as an improperly filled out or signed claim. Not all workers’ compensation claims are denied for the reasons listed below, but the following list includes some of the more common reasons as to why a claim may be denied:

  • The injury was not reported immediately. In Illinois, workers have 45 days from the accident to notify their employer of the injury, according to the Illinois Workers’ Compensation Commission. The length of time increases for radiological exposure injuries; indeed, workers have 90 days from the time they know or expect they have been exposed to excessive radiation. And, workers that come down with an occupational disease must notify their employer as soon as they are aware of the illness;
  • The injured person was not treated by a medical professional immediately (or at all), which may lead a claims adjuster to believe that the injury was not serious;
  • There were illegal drugs in the injured person’s blood work when they went into the emergency room for treatment;
  • There were no witnesses present to the injury;
  • The accident report does not match medical records. For example, the injured person claimed they fell down a flight of stairs but their injuries do not match up to that type of accidental fall;
  • The claim was filed after the employee was fired or let go; and
  • The paperwork was not completed correctly.

While workplace fatalities have been on the decline in Illinois (there were 163 in 2014 according to the Bureau of Labor Statistics), serious injuries still occur in all too high numbers. Workers’ compensation is an essential aid in getting employees like you back on your feet.

If you are dealing with a denied claim, contact a skilled Chicago workers’ compensation attorney at the Law Offices of Francis J. Discipio today at 630-574-2288 for immediate help, as the deadline for making an appeal is usually very short.




Do Not Delay; Report Your Injury When It Happens

April 22nd, 2016 at 12:43 pm

reporting, Chicago workers compensation lawyerThe “fatal four” are responsible for roughly 508 construction worker deaths annually. Falls accounted for 349 deaths in 2014, electrocutions for 74, struck by an object for 73, and being caught in between an object accounted for 12 fatalities, according to the U.S. Occupational Health and Safety Administration. All four of these types of accidents account for thousands more injuries. But, if you are injured on the job, who do you tell? Or, do you even tell anyone? Many employers fail to even mention their work-related injuries for fear of repercussions or because they think they are protecting their employer. After all, it was not their fault, was it?

What you believe about your rights as a worker may, in fact, be entirely wrong. If you were performing your job in a reasonably careful and responsible manner, and you were operating under normal protocol, you are not liable for an injury that happened on the job; your employer is, through workers’ compensation. Workers’ compensation is funded with wages withheld from you, the employee, and you have every right to seek that compensation should you ever need it. In fact, you are potentially putting yourself in harm’s way by not immediately reporting the incident and receiving the proper medical care and financial assistance that you require.

Immediately Reporting the Injury Shows That an Injury Actually Occurred

In the State of Illinois, you have up to 45 day s from the date of the injury to provide notice to your employer. However, this does not mean that you should wait and see how the situation unfolds. It is true that often an injury will heal on its own or within a short timeframe. Many other serious injuries only grow worse with time, which can eat away at your savings and cause you to miss additional work, especially if you never received the proper medical care in the first place. By immediately reporting the incident, your employer or your employer’s insurance provider will have a more difficult time claiming that the injury was non-existent, that it happened away from your place of work, or that you were being unduly negligent (such as intoxicated) at the time of the accident.

Get Medical Help Quickly

Seeking medical attention by a reputable doctor also helps strengthen your case that the injury was in fact substantial. Early medical intervention will also greatly speed up your recovery process and help mitigate future medical complications that go along with a severe injury, such as chronic aches, pains, and loss of range of motion. Recovering from a bad injury is difficult enough, as is receiving the amount of workers’ compensation that you deserve, even if everything goes in your favor and you report the incident in a timely manner. Employers and insurance providers may drag their feet, deny you compensation, or offer an unrealistic amount without the help of an experienced workers’ compensation attorney at your side.

Pursuing the workers’ compensation benefits you are due is a process that you do not want to encounter alone. If you were injured on the job, contact an experienced Chicago workers’ compensation attorney atthe Law Offices of Francis J. Discipio today at 630-574-2288.





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