A lawyer can help with many aspects of a claim and at multiple points in the process, for instance, if you have filed a claim and your employer is giving you a hard time.
After you get hurt on the job in Chicago, two major steps to take are reporting your injury and seeking medical treatment. Illinois gives you 45 days to tell your employer about a workplace injury. If you fail to do this in time, you hurt your chances of getting workers’ comp benefits.
Another step for many people is to consult with a workers’ compensation lawyer. Knowing your rights can have a huge, positive effect on the outcome of your claim. Call Ankin Law today for guidance.
Report Your Injury
In Illinois, injuries occur in a wide range of industries, with about 2.7 employer-reported injuries per 100 full-time workers. Two sectors account for about 62% of these injuries. The first is trade, transportation, and utilities, while the second sector is education and health services.
Regardless of your job type and the nature of your injury, report it to your employer within 45 days. Doing this increases your chances of receiving workers’ compensation benefits and creates a formal record of what happened. This record is helpful in case disputes arise.
Employers usually have a workplace injury report form. You fill it out and give it to your immediate supervisor or manager. The form should include details such as the date, time, and location of what happened, circumstances of the injury, and nature of the injury. Keep your information as accurate and honest as possible. Avoid making guesses.
Absent a strict protocol for reporting, you can report the incident yourself in writing or orally. Writing is better since it creates a formal record and lessens the chances of confusion later over dates, times, and other essentials.
If possible or applicable, get witness statements, photos of the injury scene, and other documentation that supports your case. Keep a copy of the report you submit to your employer, whether you turn in an employer’s form or your own document.
Seek Medical Treatment
Prompt treatment may help in your recovery and preserve your workplace injury claim. The longer you wait to see a doctor, the more you risk the connection between the injury and your job becoming unclear. An insurance company could argue that you actually got hurt one week later at home, for example.
- In Illinois, you usually can pick your own doctor for treatment. However, your employer may require you to see a doctor it designates for the first evaluation.
- Be honest and as complete as possible when explaining how you got injured. Your medical records serve as major evidence in your claim, and you want to be credible.
- Follow the advice your health care provider gives you. Issues could arise with your claim if you fail to show up for appointments, take medications, or otherwise do not do what you have been told.
- Document everything you can, including medical bills, treatments, and prescriptions. These help show the extent of your injuries and related expenses.
What If Your Injury Starts Out Minor and Worsens Over Time?
Many workplace injuries do not occur in a single incident. Rather, they worsen over time, as is common with repetitive strain injuries and exposure to hazardous substances. An employee who types all day for years may eventually end up with carpal tunnel syndrome, but the symptoms may be barely noticeable or inconsistent at first. The employee might have no idea initially that these symptoms are related to work. Back strain injuries, too, sometimes occur from years of repeated bending, lifting, and twisting.
In situations involving injuries that worsen over time, report the injury as soon as you become aware of it. Get medical treatment immediately. Otherwise, you may hurt your case if you were aware of, for instance, severe wrist pain likely caused by typing at work but did nothing about it for months or years.
Protect Your Rights After Getting Hurt at Work
Illinois has workers’ compensation laws to protect employees with on-the-job injuries. However, employers and insurance companies may try to make payouts as low as they can or deny claims altogether. Being aware of these tips on how to handle a workplace injury can help you protect your rights.
Understand Your Workers’ Compensation Benefits
Depending on the situation, your benefits may include medical expenses that cover all necessary medical treatments related to the injury. Moreover, if you cannot work due to the workplace injury, you could be eligible for temporary total disability. TTD benefits usually equal about two-thirds of your average weekly pay.
If your injury means you have a permanent impairment, you might be able to receive permanent partial disability (PPD). A return to your previous job might not be possible, and vocational rehabilitation is another potential benefit. It can help with training and job placement.
Know the Common Reasons Claims Get Denied
How often are workers’ compensation claims denied? Unfortunately, denial is somewhat common and may be due to inadequate medical evidence, missed deadlines, or conflicts over whether injuries were truly work-related. To reduce the chances of your claim being denied, stay on top of deadlines. Try to get clear evidence of the severity of your injury and that it is work-related.
You have options if your claim is denied. In fact, many claims are denied the first time they go through the system, so you are far from alone if yours is. You have the right to appeal the denial, but the process can be complicated. Working with an attorney who handles workers’ compensation cases can be helpful.
Consult with a Workplace Injury Lawyer
A lawyer can help with many aspects of a claim and at multiple points in the process, for instance, if you have filed a claim and your employer is giving you a hard time or the insurance company seems to be offering insufficient compensation. Workers’ compensation lawyers can also help if your claim gets denied.
- Your first consultation will probably be free. At this consultation, the lawyer reviews your case, explains your rights, and outlines next steps. If you have given the lawyer enough information at this point, he or she may be able to assess the strength of your case and the validity of your claim.
- A lawyer can help you file the claim, making sure it is accurate and on time. Lawyers can assist with gathering medical records, witness statements, employment paperwork, and other evidence to bolster your case.
- Dealing with insurance companies is agony for many people. Workers’ compensation lawyers can handle these communications for you and lower the chances that you make statements that hurt your case. Lawyers can handle compensation negotiations and advocate for the maximum compensation you deserve.
- In case of claim denials, your lawyer can assess why and, if applicable, collect evidence to challenge the decision. For instance, there could be a lack of evidence connecting the injury to your work or pre-existing conditions wrongly being blamed for the injury.
- You may be eligible for permanent disability benefits. A lawyer can help you pursue these as well as any third-party claims or personal injury lawsuits for additional compensation.
Your lawyer can also protect against employer retaliation. In Chicago and elsewhere in Illinois, employers legally cannot try to get back at an employee for filing a workers’ compensation claim. However, some companies still illegally reduce hours, demote an employee, or terminate his or her employment.
If Your Injury Occurred During a Break in Chicago
Do I qualify for workers’ compensation for injuries on break? You probably do, but a workplace injury lawyer can offer more clarification. Much depends on the circumstances.
For instance, if you are injured eating or using the bathroom on your break, the injury may count as an “on-the-job” injury. One example is food poisoning from eating in your employer’s cafeteria. Likewise, if you slip and fall in the bathroom or on a break while walking from the work building to your vehicle in the company’s parking lot, you may be on the job for workers’ comp purposes. The same applies if you are traveling for work in another city or state and slip and fall there.
Of course, there are exceptions to being eligible for workers’ compensation during breaks. Major ones include being in a restricted area you are not supposed to be in, running a purely personal errand, roughhousing, and harming yourself intentionally.
That said, employers and their insurance companies sometimes take these exceptions too far or outright deny legitimate claims right from the start. Their goal is to discourage employees from pursuing claims. An employer might say you were in a restricted area when you were not, and a lawyer can help you prove it.
The workers’ compensation process can get overwhelming, especially since you are also dealing with your own injuries. Contact us at Ankin Law to discuss how we can help.
Join the conversation!