Workers’ Compensation Claims
Every employee and worker in Illinois has the right to a safe workplace. If you've suffered an injury on the job, make sure you know what kind of benefits you might receive under workers' compensation coverage. Your employer - who is required to carry workers' compensation insurance coverage - should give you a workers' compensation claim to complete and return to him or her.What is workers compensation?
If you are hurt on the job or receive a disease from a work related activity, Illinois law allows you to have access to benefits to help with the costs that accompany your injury. After you are injured on the job, you will go before the Illinois Workers’ Compensation Commission which resolves disputes between employers and employees. Workers’ compensation only will provide benefits for injuries that arose out of the course and scope of your employment. Illinois courts have decided many cases regarding the definition of “course and scope of employment”.What types of benefits can come from a Workers’ compensation claim?
The Illinois Workers Compensation Act allows injured workers to recover a variety of benefits. These include:
- Medical costs that help cure or relieve the worker's injury
- Temporary Disability Benefits that are paid out while the employee is not working or temporary partial disability where the employee is working on light duty and earning less than he or she normally would
- Vocational rehabilitation benefits for employees participating in an approved program
- Permanent partial disability benefits for those with some serious permanent injury but can still work
- Permanent total disability for injured people who cannot return to work
If an individual dies due to an occupational disease or a work related injury death benefits may be obtainable for family members of the deceased. If an injured worker receives compensation benefits, these are not taxable under state or federal law. Additionally, these benefits do not need to be listed as income on tax returns.Reporting an injury
It is the employee’s responsibility to report any injury they have to their employer. If you are injured you must report the injury as soon as practicably possible. The Workers Compensation statute says this report should be filed no later than 45 days for an accident or no later than 90 days after suspected exposure to a toxic or radiological exposure.Denial of Claims
In some instances, legitimate workers' compensation claims may be denied by aggressive compensation carriers. An insurer can claim you haven't been injured, or that the injury you've suffered isn't serious enough to qualify for workers' compensation benefits. If this is the case, you may stand to lose critical benefits, such as medical care coverage, financial help and job retraining. If you feel your legitimate benefits have been denied and you live in the state of Illinois, we'd like to talk to you to see if we can assist you through the appeals process.
If you’ve been hurt at work you may be qualified for recovery under Workers’ Compensation law. Call us at 877-374-1417 or 312-332-2872 or contact us online for a FREE consultation with a Chicago personal injury attorney.