What Types of Claims are Covered Under the Workers’ Compensation Act?
Every year in Illinois, approximately 200,000 workplace accidents resulting in injuries are reported to employers. If an injury “arises out of” the employment and occurs “in the course of” the employment, then it is typically covered under the Workers’ Compensation Act. Generally speaking, this means that if you are hurt in an accident while you were engaged in work related duties while “on the clock,” you should be entitled to workers’ compensation benefits.
What Kinds of Benefits are Available Under the Workers’ Compensation Act?
In most cases, when an employee is injured while on the job in Illinois, they are eligible for a variety of workers’ compensation benefits. These benefits include (but are not necessarily limited to):
- Pay for when the employee is unable to work (TTD benefits);
- Coverage of medical treatment for the work related injury;
- A lump sum paid out at the end of the case for the loss of the functional ability of the body part that was injured (PPD settlement); and
- In less common cases, a worker, or their family, can recover benefits for death and burial, amputation, permanent disability, wage differential, disfigurement, and vocation rehabilitation.
What Steps Should I Take After an Injury at Work?
After an Illinois worker is injured at work, there are important things to remember. First, you should notify your employer of the date and place you were injured as soon as practical, but not later than 45 days after the accident. The notification to your employer can be done verbally, but the best practice is to give notice in writing, which would include email or text message. The employer will likely want to generate an incident report. Second, you should remember that you typically have three years after the date of the accident to file a formal workers’ compensation claim with the Illinois Workers’ Compensation Commission.
Your employer may ask you to do certain things after you report your injury. To know what your rights are in these cases you should call an experienced workers’ compensation attorney sooner rather than later.
Why Should I Call the Beard Law Firm?
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Most employers are required to carry workers’ compensation insurance and all employers are prohibited from retaliating against an employee for pursuing workers’ compensation benefits. While some employers handle these cases appropriately, many do not.
In some cases, an employer may try to pressure an employee to not file a claim. If an employee fails to report a claim to a supervisor in a timely manner or fails to file a claim in a timely manner, they may be barred from pursuing their claim later. This could result in unpaid medical expenses that haunt the worker, and worsening injuries that might have been treated.
Even after a workers’ compensation claim is filed, the workers’ compensation insurance carrier will oftentimes unfairly deny a claim or offer a “low ball” settlement amount. For these reasons, and many others, an injured worker should contact an experienced workers’ compensation attorney sooner, rather than later.
The attorneys at the Beard Law Firm live and work in Southern Illinois. We have successfully prosecuted workers’ compensation claims against most of the major employers in Southern Illinois and we are familiar with different issues specific to these employers.
If you have been hurt at work, call the Beard Law Firm right away for a free consultation at (618)351-1000
. An experienced attorney will discuss your case with you and help you figure out the best way to move forward. If it is outside normal business hours, leave a voicemail or email us at the address listed on this site. An experienced attorney will usually call you back before the next business day.