Workers’ Compensation in Illinois
Illinois Worker’ Compensation Overview
The Illinois workers' compensation system is a nofault system. The advantage to you within this system is that in order to receive your benefits you do not have the difficult task of proving your employer was negligent. This nofault system, however, limits the types of compensation the injured worker can receive. An Illinois Workers’ Compensation attorney can assist you in evaluating, organizing and presenting your case to ensure the best results within the Illinois Workers Compensation system.
The Illinois Workers’ Compensation Commission administers the Illinois workers’ compensation program.
When and How Should I Report an Illinois Workers' Compensation Injury?
Timing is important! Generally Illinois law requires that you report a workplace injury to your employer within 45 days after the incident. If your injury is the result of toxic exposure or repetitive use you must report it 45 days after you become aware that your injury is caused by exposure to toxins or as a result of repetitive use in the workplace such as in the event of carpal tunnel syndrome. Your employer may have other rules regarding the reporting of injury but it is the Illinois Law that is final in these instances. Always report any workplace injury as soon as you are aware of the injury you received. Whether a claim has been reported within the 45 days required by law can be a complicated and critical issue in a case. You should contact an experienced Illinois Workers’ Compensation attorney to assist you to determine and establish if you have provided the necessary notice within the required 45 days.
Filing an injury report is not the same as filing a workers compensation claim. Illinois law generally dictates that you have up to three years to file your workers compensation claim. Illinois law dictates that you must file your worker’s compensation claim within three years after the date of accident when no compensation has been paid, or within two years after the date of last payment of compensation if compensation has been paid, whichever is later. Notifying your employer or their insurance company that you are making a worker’s compensation claim is not sufficient. For an Illinois worker’s compensation claim to be considered filed, an Application for Adjuster of Claim must be filed with the Illinois Workers’ Compensation Commission. It is best to consult an experienced Illinois worker’s compensation attorney as soon as possible to ensure that no problems occur due to delays in providing notice and filing your Illinois worker’s compensation claim within the time limits required by law. An experienced Illinois Workers Compensation attorney can help you best determine your best course of action based upon the details of your personal case.
How Should I Report a Workplace Injury?
A workers’ compensation case is often as solid as the documentation surrounding it. When you report an injury to your supervisor it is always good to take further proactive steps. Write down any notes about the specifics of your injury or accident. If permitted, use a smart phone to photograph conditions if they were unsafe or led to your accident. Be sure to document the names of any witnesses who observed your accident. Get a copy of your report signed by the supervisor to whom you reported it.
See your doctor to report any workplace injury. Be sure to give your doctor an accurate history as to how and where your injury occurred, and make sure he understands that it occurred during the course of and as a result of your employment. Keep documents from your doctor regarding any symptoms and a record of prescriptions, xrays or other reports. Keep track of any additional details regarding your injury that you think are important.
What Should I Include in my Illinois Workers' Compensation Claim?
Workers compensation cases often come down to proving a causal connection between your work activities or workplace conditions, and your injury. The legal requirement is that you must prove your injury occurred during the course of your employment and arose out of your employment. Your documentation is often important to establish the causal connection between your work activities or workplace conditions and your injury. Testimony from doctors can also be incorporated into your case to establish how your work activities or workplace conditions caused your injury.
How Much Does an Illinois Workers Compensation Attorney Charge?
The Illinois Workers Compensation Commission allows a 20% contingent fee to be recovered by a workers compensation lawyer representing an injured worker before the Commission.
Do I qualify for Illinois Workers’ Compensation Coverage?
This article is meant as a starting point or a general guideline to help you understand if you may have an Illinois worker’s compensation claim. Although the application of the Illinois Workers Compensation laws may sound simple, they are not. It is important to consult an experienced worker’s compensation lawyer as soon as possible after you become aware of your injury.
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