Illinois law requires employers to provide specific benefits to employees injured on the job. Despite the clear benefits of workers’ compensation law, some employers and insurance companies fail to fulfill their obligations to injured workers.
Our workers’ compensation attorneys pursue benefits on behalf of clients that were injured on the job but have not received the full benefits they are entitled to, such as their medical bills, lost wages, or permanent disability.
At Kasan Law, our attorneys will help to see that you are treated with the respect and courtesy you deserve when filing a claim. Begin the legal process by completing our online consultation form for a free review of your case. As with all of our cases, there is never a legal fee charged unless you receive financial compensation for your injuries.
When you have been injured in a workplace accident and seek recovery in the form of worker’s compensation benefits, you’re not taking on your employer. In reality, you’re requesting an extension of benefits and payments from your employer’s insurance company. Here are some misconceptions about Illinois workplace injury claims that should be put to bed.
You do not need to prove fault in a worker’s compensation case.
Your employer cannot punish you for filing a claim and has no interest in the case unless you seek additional compensation due to negligence. In order to cover the cost of these claims, employers take out insurance policies, and the resistance you are likely to receive will be from an insurance claims adjuster and not your employer.
There are multiple avenues of receiving compensation for the value of your injuries, and many require dealing with insurance companies. This is why having a workers’ compensation attorney to negotiate on your behalf with the insurance companies is essential.
We have to educate workers about their legal rights and to protect their interests from insurance companies that might not make payments on a legitimate claim. Most people are entirely unaware of what types of benefits are guaranteed to employees by Illinois law.
First, you are entitled to receive fair compensation for your medical care, regardless of whether you received care from your doctor or one provided by your employer. Second, you are entitled to lost wages when you are physically unable to perform the duties.
Finally, if your injuries result in a permanent disability, you are entitled to additional benefits, such as compensation for the disability and differences in earning capacity.
Several things are not covered. For a partial list, please see below:
What Should I Know Before Filing?
In Illinois, you must generally file your claim within three years after the accident, or within two years of your last compensation payment, whichever is later.
For example, assume an injury occurred on January 1, 2017, and compensation payments were provided until December 31, 2018. The deadline to file a claim would be two years from the last date of payment was received, which means the claim must be filed before December 31, 2020.
In addition, an injured worker has 45 days to notify their employer of the illness or injury. This is separate from the three years to report the claim to the Illinois Workers’ Compensation Commission. This should be in writing and include the date and place of the accident, a brief description of the injury and accident, and how to get in contact with the injured party.
After the application is filed, the worker and employer will be mailed a Notice of Hearing by the Commission. This Hearing will provide information about the first status call date, as well as the name of the arbitrator assigned to the case. After the first status call, it is the parties’ responsibility to keep track of the schedule, which can be viewed on the IWCC website.
At Kasan Law, we take all workers’ compensation cases on a contingency basis, which means you will not pay any legal fees unless we get you compensation for your case. Our consultations are free and carry no obligations.
As with any workers’ compensation case, you must act quickly to protect your legal rights. If you or a family member has been injured due to a workplace accident, contact our Chicago and Illinois workers’ compensation attorneys to schedule your free consultation, please call us at (312) 300-6724, e-mail us at [email protected], or schedule your free consultation online.