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Archive for April, 2020

What to Do If Your Workers’ Compensation Payments Are Late

April 21st, 2020 at 3:00 pm

IL job injury lawyer, Illinois work injury attorneyA work injury can cause major interruptions in your life – physically, emotionally, and financially. Workers’ compensation benefits are in place to cover wages for the time you are unable to work, help pay for your treatment, and get you back to work as soon as you can. After you have reported your injury to your employer and they have filed a workers’ compensation claim, the insurance company must approve or deny the claim within 14 to 30 days. If approved, you should receive your first payment within 14 days of notice of your injury, and payments should be administered every two weeks after the initial payment.

If you are living paycheck to paycheck, frustration can arise when your check is late or withheld without reason.

Late Payment Penalties

Under Illinois law, delayed payments without a legitimate reason may be subject to a penalty.

If the employee has submitted a written demand for payment of benefits, the payer has 14 days to explain the reason for the delay. If the employer or insurance company does not submit a response, or the response submitted is unjust, the Commission may award the employee additional compensation of $30 per day for each day the benefits were delayed or withheld.

This does not happen automatically; you and your attorney will have to request it and file a motion to hold a penalty claim hearing.

Penalty Hearing

A penalty claim hearing will be held in front of the Illinois Workers’ Compensation Commission. During the hearing, having evidence to support your claim such as the response, or lack of response, a previous workers’ compensation check, or an envelope with a late postage stamp is critical.

After the hearing, the penalty will be reviewed and assessed by the Commission before the additional compensation can be rewarded. If the party responsible for the delayed payment fails or refuses to pay the penalty to the employee, further action will result.

Contact an Illinois Workers’ Compensation Attorney Today 

If you have suffered a work injury and your check is late, contact a Chicago, Illinois workers’ compensation attorney immediately. The knowledgeable attorneys at the Law Offices of Francis J. Discipio will fight to protect your rights and make sure you receive the financial compensation you deserve. Call our office at 630-574-2288 to schedule a free consultation.

 

Source:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2430&ChapterID=68

What to Do When Your Employer Does Not Report Your Injury

April 8th, 2020 at 9:39 pm

IL job injury attorney, IL workers comp lawyerIf you have gotten injured at work, there are certain actions that must be followed for both you and your employer. According to Illinois law, when a worker is injured at work, the company must fill out an incident report and file it with the Department of Labor division within a timely fashion. The faster the incident report is filed, the faster you may receive compensation, and be on your way to recovery.

Unfortunately, your employer may not be as concerned about your health and safety as you are, and may neglect to report your injury.

Possible Reasons for Neglect to Report

  • Insignificant or consistent injuries: A doctor is the only individual who can determine the severity of your injury regardless of what your employer may say. If you have already visited a medical professional regarding your injury, be sure to keep all documentation given to you from your visit(s).
  • Avoid an increase in insurance rates: While your employer may not want to deal with a rise in their premium, reporting a worker-related injury is a legal requirement.
  • Lack of workers’ compensation coverage: Although workers’ compensation insurance is mandatory by law for businesses to have, some employers still ignore that fact and refuse to obtain it. This is illegal, and if caught without it, your employer may face serious consequences.
  • Postponement in reporting your injury: Your employer may tell you that because you did not report your injury to them the day it happened, it is too late to file a claim. While you may have not reported it to them the day of, they would still be able to file.

Know Your Rights

If you have gotten injured while on the job, you have the right to receive medical treatment from a medical professional and to have that treatment covered by workers’ compensation even if your employer refuses to report your injury or tries to sway you from reporting it.

Avoid dealing with the pain of your injury, and the expense of your medical bills, and hire a third party to help you receive compensation.

Contact an Illinois Workers’ Compensation Attorney Today

If you have sustained an injury at work, but your employer is being uncooperative, let us help. Contact an experienced Chicago, Illinois workers’ compensation attorney from the Law Offices of Francis J. Discipio. We will work tirelessly to get you the compensation you deserve. Call our office at 630-574-2288 to schedule your confidential consultation.

 

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2430&ChapterID=68

 

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