Few experiences may be as disheartening as suffering an injury while at work. While some jobs could be inherently dangerous, it is still reasonable that you will be kept as safe as possible through proper training and available safety equipment.
Some injuries are unavoidable even in an office setting. Any injury that occurs during your employment may be the source of a workers’ compensation claim. In most cases, it might not matter if the injury was caused by you or your employer. If you were hurt while you were on the clock and was not caused by horseplay, a Cook County workers’ compensation lawyer could help file a valid workers’ compensation claim.
This fact may not stop insurance companies from attempting to deny a claim. These companies typically make their profits by collecting premiums from employers and finding excuses to not pay workers. A knowledgeable personal injury attorney could help you properly file your claim and effectively pursue an appeal if that claim is denied.
The Role of a Workers’ Compensation Insurance Policy
As defined by 820 Illinois Compiled Statutes 305, all employers in the State of Illinois are required to obtain a workers’ compensation insurance policy even if they only have one employee. This policy must cover all employees from the day that they start their job and provide benefits to employees who are left unable to perform their jobs due to an injury suffered while on the clock. The seniority or the number of hours worked by a person may not matter.
These benefits could include the payment of all necessary medical treatment, temporary income assistance for all time missed at work to make a recovery, and even long-term payments for any permanent disability. A Cook County workers’ compensation lawyer could help individual employees better understand the benefits available to them and answer any additional questions they have.
Potential Problems in a Claim
The most common issue that may arise in a workers’ compensation claim concerns the alleged severity of the injury. A worker must miss at least three days of work before they could claim benefits. One common tactic used by unscrupulous employers and insurance companies is to force an injured employee back to work early to avoid making payments.
Insurance companies may also argue that the source of an injury was not work-related. If a worker is injured in a car accident on the way to work, the insurance company may likely argue that this was not a work injury.
If an employee is hurt in an auto wreck while employed and on the clock as a truck driver, that scenario would typically qualify as a source of a work-related injury. A Cook County workers’ compensation lawyer could argue on an employee’s behalf that their injury qualifies for benefits and help them file for compensation accordingly.
Appealing a Claim Denial
All employees have the right to appeal a workers’ compensation claim denial. The Illinois Workers’ Compensation Commission handles all disputes between workers and insurance companies and has the authority to examine every case on an independent basis to resolve disputes concerning:
- Whether the injury happened while at work
- If the employee missed sufficient time at work
- The amount of benefits offered by the insurance company being appropriate for the injury
These appeals are typically the only way for an injured employee to collect the compensation that they deserve. An experienced Cook County lawyers could help employee file these appeals, submit the necessary evidence, and argue their workers’ compensation cases before the commission.
Consulting a Cook County Workers’ Compensation Attorney
While a person may inaccurately see a workers’ comp claim as suing their boss, a claim is a tool for workers to exercise their rights. All injuries that happen while on the job could be compensable through a workers’ compensation insurance policy, which may provide payments for medical treatment, temporary loss of income, and even compensation for permanent injuries.
Disputes between workers and insurance companies over workers’ compensation are common. The parties may disagree as to the severity of the injury, the necessity for long-term payments, or even whether the injury qualifies under the policy.
A Cook County workers’ compensation lawyer could fight for you in such a situation, working on your behalf to advocate for your best interests and—if necessary—pursue an appeal with the Illinois Workers’ Compensation Commission to obtain the benefits you deserve. Call today to schedule an initial appointment and start standing up for your rights.
