Employees and certain independent contractors in Illinois should be able to get workers’ compensation benefits if they get hurt or sick on the job. However, obtaining the compensation you deserve can be difficult.
The workers’ compensation case process in Chicago can be complex and overwhelming, which is why it can be helpful to have an experienced workers’ compensation attorney on your side, ready to guide you through the process step by step.
After an employee gets hurt or sick on the job, the first step is to seek medical attention. This should be done as soon as possible after the accident. The injured worker should keep track of all expenses and medical reports, as this evidence may be needed later in the process.
After getting the medical help needed, the employee has up to 45 days to notify their employer of the injury or illness. It is highly recommended to notify the employer of the injury in writing, as this can create a record that may be important in later disputes. Meeting the 45-day deadline is a very important part of the workers’ compensation process in Chicago. If the employer is not notified within the deadline, the application for compensation could be denied.
Filing a claim is the next step in the process for seeking workers’ compensation in Chicago. The application for adjustment of claim must be filed with the Illinois Workers’ Compensation Commission (IWCC) and the employer within three years of the date of the accident.
Once the claim is filed, there is a three-day waiting period. If the employee cannot work, they should receive temporary total disability (TTD) payments to help offset lost wages. Employers are required to notify employees in writing if their claim is delayed or denied.
The employer’s insurance company will review the claim, and may need to look at medical records related to the accident. It is important that the employee have as much information on hand as possible, including a medical diagnosis, proof of medical expenses, photos of the accident, and a list of people who witnessed the accident. An approved claim means the injured employee begins receiving benefits.
If the claim is disputed, a lawyer could help the employee by bringing the workers’ compensation case to trial. A lawyer could investigate the incident and build a strong case for the injured worker. Resolving a disputed case could take one to two years, or even longer.
The Chicago workers’ compensation process allows for appeals. If the injured worker is not satisfied with the decision made by the arbitrator in the trial, they could file an appeal with the IWCC. The commission could then make a new decision concerning the case. Even after that decision has been made, the worker could appeal to the Circuit Court. If necessary, our lawyer could assist with these appeals, moving the process along as needed.
If you have questions about the workers’ compensation case process in Chicago, McCready Law is here to help. Knowing how the process works is valuable, and having an experienced personal injury lawyer on your side could mean the difference between a denied claim and an approved claim. Reach out today to schedule a free case consultation. You may be able to obtain the compensation you deserve after being hurt on the job.
