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What Do You Have to Prove to Get Workers’ Compensation Benefits?

March 11th, 2016 at 8:58 pm

workers' compensation benefits, DuPage County workers' comp attorneyWorkers’ compensation benefits are designed to help workers who have been hurt on the job get their medical bills paid and to receive payment for lost wages. The workers’ compensation system is not based on fault. You can often receive workers’ compensation benefits even if your own negligence led to your injuries. You are not, however, able to sue your employer for work injuries in most cases.

Before you can receive workers’ compensation benefits, you will need to prove you are covered by the Illinois Workers’ Compensation Act, that your were injured in the course of your job, and the extent of your injuries.

Are You Covered?

The law, in most cases, will assume that you are covered by the workers’ compensation system. Workers’ compensation only applies to employees. If your employer believes you are an independent contractor and not an employee, your employer will need to prove his or her assertion. During the process, you may need to show why you believe you are an employee.

Injured in the Course of Your Job

Workers’ compensation only covers injuries to workers who were hurt in the course of their jobs. There are two parts to showing the injury occurred in the course of the job:

  1. There is a direct causal link between your injury and a job-related risk; and
  2. You were at work where you were required to be and generally doing what you are supposed to be doing.

If you are a delivery driver and you are hurt delivering something to a customer, your injury occurred in the course of your job. However, if you are a delivery worker and you are hurt while helping a friend move a couch while on a lunch break, you may have a much harder time showing that your injury was in the course of your job.

Extent of Your Injuries

You will also need to present evidence about the extent of your medical bills, and what impact your injury has on your ability to perform your job. Your injury may only make you temporarily unable to perform your core job functions. In this case, you would receive benefits until you recovered enough to return to work. If your injury is more serious and causes you some degree of permanent disability, leaving you unable to do the basics of your job, you may be eligible for longer-term benefits.

If you have been hurt at work, you need to understand your rights. You should speak with a skilled DuPage County workers’ compensation lawyer right away. Call the Law Offices of Frank J. Discipio at 630-574-2288 to schedule a consultation. You may only have a short time to take action.




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