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

What Injuries Do Not Qualify For Workers’ Compensation?

January 31st, 2019 at 12:11 pm

Illinois workers' compensation lawyer ineligible work injuriesEvery employer in the United States is required to have workers’ compensation insurance, no matter how small the business is or how many people it employs. If an employee is injured because of a situation that happened at, or because of, work, this insurance provides them with medical care and compensation for lost wages. Every employee has the right to these benefits, but sometimes a claim will be denied because:

  • It does not meet the requirements to be a workers compensation claim.
  • The injury was not work-related.
  • The claim was filed post-employment.
  • The deadline for reporting the incident was missed.

According to the Illinois State Compensation Commission, there are approximately 200,000 work-related injuries in the state each year. However, only about a fourth of the people injured file a claim. In serious cases, an employee whos claim in denied can make appeals all the way up to the Supreme Court, but only a handful of workers’ compensation cases each year make it to that level. The majority of cases are settled by an Arbitrator.

When considering filing a workers’ compensation claim, it may be helpful to know what types of injuries are not covered:

  • Injuries Not Related to Work – If you get injured on your lunch break outside of the office or get into a car accident on your way to or from work, you are most likely not eligible for a workers’ compensation claim. However, if you were outside the office doing part of your job, such as a sales call, you will be covered in the case of a car accident or other incident that prevents you from returning to work regularly.
  • Minor Injuries – A good rule of thumb for workers’ compensation is: if the injury can be resolved by a first aid kit, there is no case. Of course, bumps, bruises, and small lacerations can be painful and cause some difficulty, but they most likely do not require professional medical attention or more than three days away from work.
  • Accidents Under the Influence – Getting a drink with your favorite co-workers can be hard to resist, but if you return to work and get into a serious accident, you will likely not be eligible for workers’ compensation. An injury that would not have occurred if not for the influence of drugs or alcohol will not be covered.

Contact a Chicago Workers’ Comp Lawyer

If you are unsure about whether you have a workers’ compensation case, or if your claim has been denied, contact an experienced Cook County workers’ compensation attorney for legal help with your claim. Call our office at 630-574-2288 to schedule a free consultation.

Sources:

https://www2.illinois.gov/sites/iwcc/Documents/2016AnnualReport.pdf

Back to Top Back to Top Back to Top