When you get hurt at work, you will not be able to work for weeks. In the meantime, medical bills will continue to pile up. This is where you need to seek the assistance of law in Chicago. Illinois workers’ compensation laws can benefit you with that. If you know your rights, you can make the right decisions to get your compensation. Let’s learn more about what your rights are and what you should do.
What Is Workers’ Compensation?
Workers’ compensation provides benefits to employees who are injured at work. It’s different from health insurance or disability benefits. It’s its own program that your employer is legally required to have.
Most employers in Illinois are required to carry workers’ compensation insurance. You are covered as of your first day of employment. You don’t need to show your employer did anything wrong. You just need to show your injury that occurred at work was related to your job.
What Kind of Injuries Does Workers’ Compensation Cover?
Many different injuries are covered under Illinois law. It includes sudden injuries like falls and long-term illnesses like carpal tunnel syndrome. You can even make a claim for pre-existing conditions that your job aggravated.
There are actually two parts to the legal test. The injury must “arise out of” your employment AND it must occur “in the course of” your employment. Both parts must be met to have a valid claim.
What Benefits Am I Entitled To?
You could be entitled to many different benefits if your claim is approved.
- Medical treatment: Your employer is required to pay for any and all reasonable medical treatment you need. This includes surgery, hospital bills, rehabilitation and physical therapy. You can even choose your own doctor.
- Temporary disability benefits: If you are unable to work while you recover, you can receive two-thirds of your average weekly pay, tax free.
- Permanent disability benefits: If you are left with a permanent impairment you could be entitled to additional benefits depending on the severity of your impairment.
- Death benefits: If a worker passes away from a work-related injury, their family can receive death benefits.
What Should I Do If I’m Injured At Work?
Time is important with these types of cases. Follow these steps to ensure you receive the benefits you deserve.
- Report your injury immediately. Tell your supervisor what happened as soon as possible. The longer you wait, the harder it can be to prove your claim.
- Seek medical attention. Get the injuries treated. Make sure to keep records of all doctor visits and prescriptions.
- File your claim within the deadline. In Illinois, you have 3 years from the date of the accident to file a claim. You also have 2 years from the date of your last temporary disability payment to file.
- Keep records of everything. Take pictures of your injuries. Keep your medical records and write down exactly what happened when you were injured.
Employers Can’t Retaliate
Employers are not allowed to retaliate under Illinois law. They cannot fire you, demote you, reduce your hours, or harass you for filing a workers’ compensation claim. If they do, you have legal recourse.
Employers cannot even charge employees for workers’ compensation insurance premiums or benefits. The cost is the responsibility of the employer only.
When Should I Contact a Lawyer?
You should contact a lawyer as soon as possible. These claims can become very complicated. Insurance companies look for every reason to deny you benefits or pay you as little as possible. They will look for errors in your medical records or argue your injury didn’t occur while at work.
If your claim is denied, delayed, or lowballed, it is smart to consult a Chicago workers compensation lawyer. A lawyer who knows Illinois law can negotiate with insurers on your behalf, gather supporting evidence, and represent you before the Illinois Workers’ Compensation Commission. Many work on a contingency basis, meaning you pay nothing unless you win. You have rights. Make sure someone helps you protect them.