Archive for the ‘worker’s compensation insurance’ tag

The Rights of Illinois Employees When Filing a Workers’ Comp Claim

February 28th, 2018 at 8:13 pm

DuPage County workers compensation attorney, employee rights, Illinois employee, workers comp claims, workers compensation insuranceIf you have been injured on the job, you should know that you are protected under the Illinois Workers’ Compensation Act. In order to make sure that you properly file for workers’ compensation and receive the benefits to which you may be entitled, you should take the time to understand your rights as an Illinois employee. 

What should I do after I have been injured at work?

After you have been injured at work, you should seek medical care and notify your employer as soon as possible. Additionally, inform your employer of the area of your body that was injured while thoroughly describing the accident.

It is important to note that the Illinois Workers’ Compensation Act gives employees 45 days to notify their employer of their work accident orally or in writing. If you fail to notify your employer within 45 days, your workers’ compensation claim will be denied.

Once you have notified your employer, you need to fill out an Application for Adjustment of Claim. If your claim gets denied, you should contact an experienced DuPage County workers’ compensation lawyer.

What benefits may I qualify for?

Under the Illinois Workers’ Compensation system, there are several benefits for which you may qualify. These benefits include:

  • Medical benefits;
  • Temporary total disability benefits which are equal to two-thirds of your average gross weekly wage, up to a maximum amount;
  • Permanent total disability benefits which are based on a percentage your pre-injury wage, up to a maximum amount;
  • Vocational rehabilitation benefits; and
  • Death benefits for surviving family members.

Can I get fired for filing a workers’ compensation claim?

Often times, Illinois employees get nervous about filing a workers’ compensation claim because they are afraid their employer will fire them. Fortunately, under the Illinois Workers’ Compensation Act, employers do not have the right to fire an employee because they filed a claim.

How do I know if my employer has workers’ compensation insurance and whether I am covered by it?

Illinois employers must have workers’ compensation insurance if they have at least one employee, even if they are part-time. However, corporate officers, members of limited liability companies, and sole proprietors may opt out of workers’ compensation insurance.

If you are unsure whether your employer or your employer’s insurance provider is responsible for covering your workers’ compensation benefits, you can contact the Illinois Workers’ Compensation Commission.

Contact the DuPage County Workers’ Compensation Attorneys

If you have any questions related to your rights when filing a workers’ compensation claim in Illinois or would like to increase your chances of getting your claim approved, you should contact the highly skilled DuPage County workers’ compensation attorneys at our law office today.



Illinois Bill Proposes Same Pay and Benefits for Temp Workers

March 15th, 2017 at 11:31 am

Illinois workers attorney, Illinois workers comp lawyer, Small businesses and family run businesses have exploded over the last couple of years. In many ways, that is a wonderful thing. There is one caveat though: small businesses often turn to temp workers when they are not quite ready to hire new employees but need some extra help. Since temp workers do not often receive the same pay or benefits (including access to workers’ compensation), this can place temps and their families at risk. A newly introduced bill is hoping to change all of that.

The Responsible Job Creation Act

Expected to improve the benefits and working conditions for nearly one million temp workers throughout the state of Illinois, the Responsible Job Creation Act could introduce as many as 30 new types of worker protection. This would include equal pay for direct hires, improved safety provisions, measures to protect them from discrimination, and protection from retaliation when they file a complaint or suit against the business. It was sponsored by State Representative Carol Ammons and is being pushed by the Chicago Workers’ Collaborative (CWC) and Warehouse Workers for Justice (WWJ).

How the Act Would Improve Working Conditions

Although temporary workers are supposed to be short-term, many end up working the same hours and often longer duration than some of the company’s direct hires. Yet they are often paid less than direct hires and are unable to receive promotions. Those who suffer discrimination or abuse in the workplace also struggle to prove their case; they also run the risk of losing their position if they speak out against an employer or its employees.

Safety is yet another serious concern for temporary workers. Many are not adequately trained, and if they are injured, they may be unable to pursue compensation from the employer through workers’ compensation. Add in their lack of health insurance benefits and there is a serious risk for financial devastation among temporary workers.

Because temporary employees would be provided the same benefits as direct hires, and because the employer knows they must offer workers’ compensation to those who are injured, they may be far more likely to ensure temp workers are adequately trained for the jobs they are given. This could potentially improve safety on the job and reduce their overall risk of injury (which is notably higher than it is for direct hire employees).

Injured as a Temp? You May Still Have Options

Despite what you may have told, there are options that allow at least some temp workers the ability to pursue compensation after an injury on the job. It is not traditional and is considered a highly complex matter, but the opportunity is still there. The Law Offices of Francis J. Discipio can examine your case and help you navigate the process. Schedule a consultation with our Chicago workers’ compensation attorney to learn more. Call 630-574-2288 today.




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