If you work in an accident-prone industry such as construction—or even if you work in a cubicle in an office—you are never immune from a workplace injury. In Illinois, the law requires employers to purchase workers’ compensation insurance for their employees.
This coverage is designed to pay for work-related injuries or diseases, no matter who is at fault. Conversely, it may also bar an employee from filing a lawsuit against their employer for their injuries.
If you were injured or otherwise hurt on the job, an Oak Lawn workers’ compensation lawyer could help you understand your rights, obligations, and options. Speak to a knowledgeable personal injury attorney today to find out more.
Steps to Take After a Workplace Injury
Employees who are injured at work should get medical treatment and let their employer know as soon as they can. In fact, employees are required to notify their employer within 45 days of any injury they suffer while working in order to qualify for maximum benefits, as per 820 ILCS 305/6.
This notice can be verbal or written and should include the date and location of the accident. Once an employee is absent from work for more than three days due to a work accident, 820 ILCS 305/1 requires their employer to submit an accident report to the Illinois Workers’ Compensation Commission and do one of the following:
- Begin providing temporary total disability
- Provide the employee with a written explanation of any additional information that they need
- Give the employee a written explanation of why workers’ compensation benefits are being denied
Types of Workers’ Compensation Benefits
Workers’ compensation law in Illinois provides more than just medical care for an injury. Other benefits include temporary total or partial disability payments to compensate for lost wages in the short term, permanent partial or temporary disability payments for long-term injuries, and death benefits to family members if applicable.
Handling a Claim Denial
If a claim is denied or a dispute needs to be filed over workers’ compensation benefits, an Oak Lawn workers’ compensation lawyer may be able to help. First things first, the employee should file a claim with the Commission and request a hearing.
This must be done within three years of the injury or within two years of the date of the last payment of workers’ compensation, whichever is later. Keep in mind that the burden to show the Commission that an accidental injury occurred at work is on the injured employee filing the appeal.
Contacting an Oak Lawn Workers’ Compensation Attorney
Workers’ compensation claims can be confusing and difficult to file, especially while you are trying to recover from an injury. An Oak Lawn workers’ compensation lawyer could explain the process to you and make the requirements and provisions clearer.
Additionally, if you were denied benefits, a skilled attorney may be able to help you file an appeal and continue pursuing the workers’ compensation benefits to which you may be entitled. The goal of an experienced personal injury lawyer is to keep you informed and work towards preserving your rights as an employee who was injured on the job.
