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Understanding an Employer’s Responsibility (and Your Rights) After a Workplace Injury Has Occurred

December 18th, 2018 at 8:06 am

Chicago workers' compensation attorneysEach year, an estimated 4,500,000 work-related injuries occur in the United States. Injuries related to overexertion, contact with an object or equipment, and slips, trips, and falls are the ones that most often keep workers from returning to their jobs, which typically results in a loss of income for the employee. Such injuries allow employees to seek compensation for their injuries through their employer’s workers’ compensation insurance, but the denial rate is exceptionally high. Thankfully, when workers understand their rights, as well as the responsibilities of their employer, the chances of a denied claim can be reduced. Learn more in the following sections. 

5 Industries with the Most Missed Work Days from Job-Related Injuries 

Debilitating work injuries can occur in any field, industry, or setting, but statistics show that there are five industries in which employees regularly suffer injuries that result in the most missed time at work. These include the:

  • Service industry (firefighters, police, etc.);
  • Transportation and shipping industries;
  • Manufacturing and production industries;
  • Installation, maintenance, and repair industries; and
  • Construction industry.

Workers’ Compensation Insurance is Your Employer’s Responsibility

Although there are a few exceptions to the rule, most Illinois employers are required to carry workers’ compensation to cover their employees, should an accident or injury occur. Sadly, not all companies comply. If this happens to you, it may still be possible to seek compensation after an injury. Just be sure to reach out to a seasoned work injury lawyer, as this process usually requires even more effort, knowledge, and diligence than a regular workers’ compensation claim. 

Your Rights During a Workers’ Compensation Claim

Americans assume that the workers’ compensation program was developed by workers, to ensure they are protected from substantial and irrevocable loss, caused by an injury sustained on the job. However, this is not exactly true. Employers, who frequently found themselves in court for severe work-related injuries (such as black lung, death, and other tragedies). Many began to suffer financially. Realizing that they could not get out of paying for an employee’s injuries, they came up with a way to contain the cost of work-related injuries – workers’ compensation. 

What all this really means is that the workers’ compensation system is really set up to protect employers, not the workers who are injured. Still, injured employees do have certain rights, including the right to: 

  • File a claim for any injuries or illnesses related to your job;
  • See a doctor and receive treatment;
  • Return to work if your physician clears you;
  • Not fear retaliation from your employer if you do file a claim;
  • Appeal a decision made by your employer, the insurance company, or the courts; and
  • Be represented by an attorney throughout the entire claim process.

Contact Our Chicago Work Injury Lawyer

If you or someone you love has suffered a workplace injury, and you are unable to return to work, contact the Law Offices of Francis J. Discipio. Seasoned and experienced, our Cook County work injury attorneys  can assist and protect your rights throughout every step of the claim process. Call 630-574-2288 and schedule a free consultation with our offices today.

Sources:

https://www.nsc.org/work-safety/tools-resources/infographics/workplace-injuries

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2430&ChapAct=820â€%C2%A0ILCSâ€%C2%A0305/&ChapterID=68&ChapterName=EMPLOYMENT&ActName=Workers%27+Compensation+Act.

 

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