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Archive for the ‘Illinois workers comp laws’ tag

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

 

What Steps to Take After a Workplace Injury in Illinois

December 26th, 2019 at 1:17 pm

IL workplace injury lawyer, Illinois job injury attorneyWhen a person is seriously injured on their own time, the usual course of action is to get medical attention, heal, and pay for the services rendered. If a person cannot return to work after this injury, they may file short or long term disability, which will give some compensation for wages lost. When an injury happens on company time, the employee is entitled to benefits through workers’ compensation that protect a worker from financial turmoil. After a workplace injury, an employee may not know what to do or even know about their rights. This is when a workers’ compensation attorney is an injured person’s best asset.

Workers’ compensation is a government program that protects the rights of workers after getting injured or developing an injury or illness. Most Illinois employees have the right to workers’ compensation benefits, and to receive these benefits, an injury must be severe enough where an employee cannot return to work. Workers’ compensation benefits include no-cost to the employee access to health care and wage replacement for time missed. To get these benefits, however, an employee must follow these steps.

Get Medical Attention: When a person is injured severely enough to be qualified for workers’ compensation benefits, these injuries often require immediate medical assistance. For work-related injuries, employers are required by law to pay for reasonable medical treatment to either remedy the injury or get to the point where no further rehabilitation can be reached. An employee has the right to see their choice of a medical professional.

Inform the Employer: To receive benefits, an employee must inform their employer. Certain time restrictions can prevent a person from receiving full potential benefits. In Illinois, an employee has 45 days to inform their employer about a work-related injury. This can be done either in person, or in writing, but it is recommended an employee does both and document when the employer was informed.

Learn about Benefits: For injuries that prevent an employee from working for three or more days, an employer is required to report the injury to the Workers’ Compensation Commission. For any lost time at work, employers are eligible to receive modified weekly payments based on their current pay until they can return to the workforce.

Contact a Cook County Workers’ Compensation Attorney

While a worker does not need representation when filing for workers’ compensation, having an experienced Chicago workers’ compensation attorney to explain the system will minimize issues during the process. If there is any resistance from either employers or insurance companies, an attorney will be able to stand up for the rights of the employee.

 

Source:

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

What to Expect After a Workplace Injury

November 13th, 2019 at 9:59 am

IL workers comp attorney, Illinois work injury lawyerLarge workplace deaths in the early 1900s are what began the workers’ compensation laws we know today. Most notably, the 1909 Cherry, Illinois coal mining fire that killed 259 men and boys, which was one of the most deadly coal mining accidents in the United States. Three years later, the first workers’ compensation laws in Illinois were passed. Today, most employers are required to have workers’ compensation insurance, and it is as important as ever for employees who are injured and cannot return to work.

There are endless ways a person can get injured. Workers’ compensation is for when an injury is severe enough to prevent a person from working or carry on with a normal life. Whether permanently or temporarily disabled, workers’ compensation covers lost wages and medical bills related to the work injury. The more severe the injury, the more a person is likely to receive. It is an employee’s right to file for workers’ compensation, but it can be confusing where to start and what to expect after a workplace injury.

For life-threatening injuries, it is important to seek medical assistance right away. Otherwise, one of the first things an injured person should do is notify their employer. In Illinois, an employee has 45 days from the accident to report the injuries. The only exceptions are for radiation exposure, in which an employee has 90 days. For an occupational disease, the employee must notify the employer as soon as the condition is known.

After the injury is reported, the employer will notify their insurance company. For any injury that takes an employee out of work for three days, the employer as a month to report it to the commission. After the three day mark for being out of work due to injury, the employer must begin benefits or give a written reason why benefits are being withheld.

After a case is reported to the commission it is given a case number and it is assigned to an arbitrator. To receive future benefits, an employee will have to file a claim. This is how a person to ensure all benefits are paid out. An employee has three years to file a claim in most cases.

Contact a Chicago Workers’ Compensation Attorney

Although an attorney is not required to file a claim with the workers’ compensation commission, having the legal counsel is in your best interest if the case is disputed. An insurance company and employer will have a lawyer, so it is important to level the playing field with an experienced Cook County workers’ compensation attorney. Contact us at 630-574-2288 to arrange a free consultation today.

 

Sources:

https://www2.illinois.gov/sites/iwcc/resources/Pages/faq.aspx

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

 

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