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Archive for the ‘How to File a Worker’s Compensation Claim’ Category

What Steps Should I Take After an Injury at Work?

March 20th, 2019 at 9:03 am

Cook County work injury lawyerNo one expects to get injured at work. There may be a higher chance of getting into an accident in certain industries, but regardless of what risks exist in the workplace, it is important to understand the processes to follow when an injury occurs. Most employees in Illinois can file a workers’ compensation claim following an injury that requires medical care or results in missed time at work.

Even if a business only has one employee, the employer is required to have workers’ compensation insurance. This protects workers in the event of a workplace-related injury or death. Workers’ compensation insurance will cover any medical expenses, and depending on whether the injury was severe enough to prevent an employee from working, it may also provide disability benefits. Even if the accident was the employee’s fault, in most cases, it will be covered by workers’ compensation. Some exceptions include if the incident occurred outside of company time, such as when driving to or from work, or if the employee was compromised with drugs or alcohol.

If a work-related injury occurs, follow these steps to take advantage of your deserved workers’ compensation benefits:

  • Get Medical Assistance – Your health and safety are the most important things after an injury or accident. If your injury cannot be taken care of by a basic first aid kit, it is important to seek professional medical care. If necessary, call 911 for emergency medical help. Otherwise, you will want to visit an emergency room, urgent care clinic, or doctor’s office right away. When making a claim for workers’ compensation, these medical records will become important.
  • Notify Your Employer – Your employer may already know about the incident, but it is important to officially notify them, preferably in writing. This must be done within 45 days of the incident. If your verbally notified your employer, note the time, date, and the person you spoke to regarding the situation. A claim will be denied if you wait too long to notify your employer, and you will not be eligible for benefits.
  • Know Your Rights – If an injury has resulted in more than three days of missed work from an employee, the employer has to legally report the accident to the Illinois Workers’ Compensation Commission. When missing work due to a work-related injury or illness, you are entitled to temporary or permanent disability to make up for lost wages until you can return to your previous position. Your employer is not allowed to harass or threaten you for filing a workers’ compensation claim. If you are let go during your claim or told you cannot come back after temporary disability because you filed a claim, your employer is breaking the law.

Contact an Experienced Chicago Workers’ Comp Attorney

There is enough uncertainty after experiencing an injury because of work, so you should be sure that you will be able to receive the proper medical care and be compensated for any lost wages. If your claim is denied, or if your employer is discriminating against you, you will need an experienced Cook County workers’ compensation lawyer on your side. Contact us at 630-574-2288 to arrange a free consultation.

Sources:

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

Employer Notification of a Work-Related Injury in Illinois

July 26th, 2017 at 8:36 pm

Illinois workers comp attorney, Illinois work injury lawyer, If you have been injured in a work-related accident in the state of Illinois, then there are important steps you need to take to ensure you receive the workers’ compensation benefits you are entitled to.

Under Illinois law, an injured employee can give notice of the injury either orally or in writing. Some companies may have a company policy that all injuries and accidents need to be submitted in writing. If this is your company’s policy, then it is recommended you do so, however, not following your employer’s requirement will not affect your workers’ compensation claim.

According to state law, an injured worker has 45 days from the day of injury to notify his or her employer of the incident. Although the law allows you that much time, the reality is that it should be one of the very first things you should. If there is a delay between the time you were injured and the time you notify your employer, they could use that against you in an attempt to deny your claim.

An employee may have a legitimate reason why they did not report the injury immediately. One example could be a case where the employee thought the injury was only a minor one, but after several days or weeks, symptoms begin to worsen and the employee finds it necessary to seek medical treatment. The employee then tells the employer about the injury, explaining it happened weeks ago. This could raise suspicion with the employer that either the employee is making the injury up or the injury happened somewhere else and the employee is only seeking to file a false work-injury claim.

The employer – and their workers’ compensation insurance carrier – could reject the claim and refuse to pay the employee the workers’ compensation benefits they may be entitled to.

When it comes to repetitive stress injuries, there is usually not an “accident date” that can be pinned down as when the injury occurred. Instead, these types of injuries develop over time. When a worker realizes they are having medical issues, they should report it to their employer.

Let a Chicago Worker Injury Attorney Advocate for You

If you have been injured on the job or developed a work-related illness, contact a skilled Chicago workers’ compensation attorney to discuss your situation. Although injured workers would like to think their employer only has their best interest in mind, the reality in many situations is that the injured employee needs the assistance of an attorney who will ensure that their rights are protected and they receive all the benefits they are entitled to.

 

Source:

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

Do Not Delay; Report Your Injury When It Happens

April 22nd, 2016 at 12:43 pm

reporting, Chicago workers compensation lawyerThe “fatal four” are responsible for roughly 508 construction worker deaths annually. Falls accounted for 349 deaths in 2014, electrocutions for 74, struck by an object for 73, and being caught in between an object accounted for 12 fatalities, according to the U.S. Occupational Health and Safety Administration. All four of these types of accidents account for thousands more injuries. But, if you are injured on the job, who do you tell? Or, do you even tell anyone? Many employers fail to even mention their work-related injuries for fear of repercussions or because they think they are protecting their employer. After all, it was not their fault, was it?

What you believe about your rights as a worker may, in fact, be entirely wrong. If you were performing your job in a reasonably careful and responsible manner, and you were operating under normal protocol, you are not liable for an injury that happened on the job; your employer is, through workers’ compensation. Workers’ compensation is funded with wages withheld from you, the employee, and you have every right to seek that compensation should you ever need it. In fact, you are potentially putting yourself in harm’s way by not immediately reporting the incident and receiving the proper medical care and financial assistance that you require.

Immediately Reporting the Injury Shows That an Injury Actually Occurred

In the State of Illinois, you have up to 45 day s from the date of the injury to provide notice to your employer. However, this does not mean that you should wait and see how the situation unfolds. It is true that often an injury will heal on its own or within a short timeframe. Many other serious injuries only grow worse with time, which can eat away at your savings and cause you to miss additional work, especially if you never received the proper medical care in the first place. By immediately reporting the incident, your employer or your employer’s insurance provider will have a more difficult time claiming that the injury was non-existent, that it happened away from your place of work, or that you were being unduly negligent (such as intoxicated) at the time of the accident.

Get Medical Help Quickly

Seeking medical attention by a reputable doctor also helps strengthen your case that the injury was in fact substantial. Early medical intervention will also greatly speed up your recovery process and help mitigate future medical complications that go along with a severe injury, such as chronic aches, pains, and loss of range of motion. Recovering from a bad injury is difficult enough, as is receiving the amount of workers’ compensation that you deserve, even if everything goes in your favor and you report the incident in a timely manner. Employers and insurance providers may drag their feet, deny you compensation, or offer an unrealistic amount without the help of an experienced workers’ compensation attorney at your side.

Pursuing the workers’ compensation benefits you are due is a process that you do not want to encounter alone. If you were injured on the job, contact an experienced Chicago workers’ compensation attorney atthe Law Offices of Francis J. Discipio today at 630-574-2288.

 

Sources:

https://www.osha.gov/oshstats/commonstats.html

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

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