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Does My Work Injury Qualify for Workers’ Compensation?

September 29th, 2019 at 8:35 am

disabilityIf a person gets seriously injured in their own home, they are responsible for medical costs associated with the accident. If they cannot work after the incident, it will take specific circumstances to file for social security disability benefits. However, if that same accident happens at work, then most employees have protection through their employer’s workers’ compensation insurance.

Workers’ compensation insurance is required for most employers in Illinois. It is in place to protect workers in case of an on-site accident that affects their ability to work, or they develop a disease that affects their overall health. It also benefits employers because instead of an employee suing the company for their injury or illness, they get paid out with workers’ compensation insurance. If an employee cannot return to work because of a workplace-related injury, then the benefits their eligible to receive include:

  • Medical care to reasonably treat the injury or condition acquired
  • Permanent or temporary disability status, where lost wages are compensated
  • Death benefits for surviving family members

For a person to receive workers’ compensation benefits, the injury or illness in question must be work-related. For an injury, it must have happened while at work, or on duty. For example, if a worker was driving to work and got into an accident, they most likely would not be eligible for workers’ compensation benefits. However, if that same worker was driving to a client meeting, they may be eligible because they were driving to conduct business.

An injury must also be serious enough to prevent an employee from returning to the workforce or prevent them from returning to their job. For example, a construction worker with a broken leg likely would not be able to return to their position right away but may be able to do office work. If a worker cannot return to work within three days, their benefits start automatically unless an employer has a written reason why benefits are being denied.

Workers’ compensation benefits may be denied if the employee was participating in violence, or was drunk when the accident occurred at work. If otherwise, the accident was the fault of the employees, they most likely will still receive benefits.

Contact a Cook County Workers’ Compensation Attorney

Even if an employer is following the law, receiving workers’ compensation benefits is rarely a straightforward process. Make sure you receive fair benefits after a workplace accident by calling an experienced Chicago workers’ compensation attorney. Contact us at 630-574-2288 to arrange a free consultation today.

 

Sources:

https://www2.illinois.gov/sites/iwcc/Documents/handbook.pdf

https://www.osha.gov/laws-regs/regulations/standardnumber/1904/1904.5

 

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