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Almost everyone classified as an “employee” in Illinois should have access to workers’ compensation insurance coverage through their employer in the event they get hurt or sick while working. The same applies for certain independent contractors who work in dangerous industries like construction. Even if you have access to workers’ comp benefits in theory, it can be trickier than you might expect to actually obtain them to cover your injury.
The truth is, workers’ comp insurance providers will fight to minimize their own financial liability at your expense just like any other insurance company. It will be difficult to overcome that opposition without an experienced personal injury attorney on your side. Fortunately, you have help available to you from a Chicago workers’ compensation lawyer with a long track record of getting good claim results on behalf of workers like you.
There are two primary benefits that workers’ compensation should provide to a worker who suffers an injury or becomes seriously ill as a direct result of conditions they were exposed to on the job. The first and more straightforward benefit is reimbursement for the costs of all “reasonably necessary” medical treatment needed to help an injured or sick worker reach “maximum medical improvement.” This means they must either recover fully to their pre-injury condition or get as close to it as reasonably possible.
The second benefit, the reimbursement for about two-thirds of wages lost as a direct result of a work-related injury or illness, can take various forms. It will have very different values from case to case, depending on what a claimant’s pre-injury wage was and how long they are expected to be disabled. These benefits will also hinge on whether they have suffered “partial” or “total” disability in terms of their ability to resume their old job or perform gainful work of any kind.
Other potential benefits include things like job retraining services and death benefits following a fatal workplace accident.
A Chicago workers’ compensation attorney could discuss these benefits in more detail during a private consultation.
Chicago workers who get hurt or sick on the job and intend to file for workers’ comp benefits must notify their employer either verbally or in writing no later than 45 days after initially discovering they have sustained harm. Providing written notice is helpful for establishing a timeline. It is also vital to seek professional medical treatment as soon as possible after a workplace accident and continue attending doctors’ appointments as instructed until reaching maximum medical improvement.
Ideally, the claimant’s employer is supposed to take over from here, notifying their workers’ comp insurance provider of their employee’s injury or illness, and following up with the Illinois Workers’ Compensation Commission. However, there are various scenarios in which a worker may have to file an “Application for Adjustment of Claim” with the WCC. They can do this on their own or with help from a workers’ compensation lawyer in Chicago, and this must be done within three years of their first injury.
The idea behind workers’ compensation is a good one, but it can be difficult to use the system as it is intended. It can be confusing and sometimes actively hostile towards injured and sick workers, taking a lot of effort and legal knowledge to enforce the right you have under state law.
Representation from a Chicago workers’ compensation lawyer can make a world of difference in how you are able to secure the funds you need to address your injuries and your lost wages. Call our team today and learn how we could help.