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The Illinois Workers’ Compensation Claims Process

December 26th, 2015 at 2:09 pm

workers' compensation, claims process, Illinois workers' compensation attorneyMany workers never get the benefits they are entitled to because they don’t understand how the workers’ compensation claims process works. Illinois’s workers’ compensation law is designed to protect workers from the hazards of their occupations by allowing them to get paid for lost wages and medical treatment when the injury is caused by their work.

Immediately After the Injury

If you are injured at work there are three things you need to as quickly as possible to protect your rights to workers’ compensation benefits:

  • Report the accident to your employer;
  • Seek medical treatment for your injury and explain how you were injured; and
  • Find a worker’s compensation lawyer.

If you fail to report the accident or to seek appropriate treatment, your claim can be denied. While you are not legally required to have a lawyer help you with your claim, an experienced workers’ compensation lawyer significantly improves your chances of getting the full amount of compensation you are legally entitled to.

Making a Claim

After your injury you will need to file a claim with your employer. Under workers’ compensation law you do not have to prove your employer was negligent. Your employer is legally required to have workers’ compensation insurance. If your employer tells you there is no coverage or that you do not qualify for workers’ compensation, you need to speak with a lawyer right away.

Once you file a claim with the employer’s insurance company the claim will either be approved or denied. If the claim is denied, or it is not approved in full, you can bring a case before the Illinois Workers’ Compensation Commission (IWCC).

You will be assigned an arbitrator who will monitor your case. Once you are as recovered from the injury as you are going to get, you have to request a trial. If you do not request a trial and three years pass, the case can be dismissed and you will not receive any compensation.

If you lose your case before the arbitrator, you can appeal your case to the IWCC commissioner.

Under Illinois law you have the burden of filing your claim on time and to prove you qualify for workers’ compensation benefits.

If you have been injured at work you don’t have to fight your claim by yourself. Speak with a knowledgeable DuPage County workers’ compensation lawyer right away to protect your rights. Call the Law Offices of Frank J. Discipio at 630-574-2288 to schedule a consultation.

Sources:

http://www.iwcc.il.gov/act.pdf

http://www.iwcc.il.gov/benefits.htm

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