In Illinois, an injured worker is entitled to a variety of benefits which are granted under the Workers' Compensation Act.
1.The right to reasonable and necessary medical care.
2.The right to weekly payment for the time the worker is temporarily totally disabled.
3.The right to compensation for any permanent disability the worker may suffer.
It is important that the injured worker understand what each of these benefits entails.
Q: What is Workers Compensation?
A. In Illinois, the Workers' Compensation Law was put into place in the early 1900s to protect injured workers. It was a trade off between the civil tort system that required an injured party to prove negligence, but possibly recover higher amounts. In most situations, if you are injured on the job the only recourse you have is to file a Workers' Compensation claim against your employer.
Q: What should I do immediately after my injury?
A. Give notice to of your accident to your employer. As soon as possible after your accident, let your employer know orally and in writing of your accident. Keep a copy of the notice in your records. Be sure it includes information about how your accident happened and that it lists all your injuries. Under the Workers' Compensation Act you are given 45 days to notify your employer, but your case will be stronger if you give notice within 24 hours of the accident.
See a doctor. No one will appreciate your heroic effort if you continue working in pain after your injury. Go to the emergency room or a doctor you are confident can keep your best interests in mind. Be sure to give the doctor a thorough and accurate account of how the accident happened and details of all your complaints. This will help your doctor and help your workers' compensation claim.
See an attorney. Choose an attorney who practices Workers' Compensation Law. They will know the requirements of the law and how to best protect your rights.
Illinois Workers' Compensation Blog Workers' Compensation —
By Steve Williams
What is an employer/employee relationship?
In order to have a claim under the Workers' Compensation Act, there must be an employer/employee relationship. Sometimes an insurance company will attempt to escape its potential liability under the Workers' Compensation Act by saying an individual is an independent contractor. Although the label does matter, it is not indicative of whether or not an employer/employee relationship exists. Instead, the Illinois Workers' Compensation Commission and the Courts look at several factors:
A signed agreement indicating that the employee is an independent contractor does not necessarily mean that there is not coverage under the Act.
If there is an employer/employee relationship, then the next question is, “Is there an accident”? An “accident” is an event that arises out of and is in the course of Petitioner's employment. “Arising out of” means the nexis or the connection between what the employee is doing at the time of the injury and what their injury is. “In the course of” looks at the time, place and manner of the accident. It looks at when did the accident occur, where did it occur, and in what manner did it occur.
In order to have a workers' compensation claim, there must be a causal connection between the injury and the accident. In other words, the “condition of ill-being”, which is what is wrong with the person, must be causally connection or caused by the injury or what happened to the person in the accident.
Please note that a pre-existing condition is compensable if you can show that the injury aggravated the compensable claim.
Sometimes there might be an intervening accident. This is where an employee is hurt at work and then suffers an non-work-related injury in the interim. This, too, can be a compensable workers' compensation claim. Normally, these elements are proven by the testimony of the treating doctors, independent medical examiners and the reports and records of the doctors.
In order to have a workers' compensation claim, an individual must give notice. The notice must be within 45 days. It can be written or oral.
However, although there are 45 days to give notice, it is much better to give notice sooner rather than later. Also, although notice can be given orally, it is much better to give notice in writing.
Please note there are many different ways an employer can receive notice other than in writing or orally. For example, they may receive notice from another employee or from a note from a doctor or from a phone call from a spouse or friend.
Law firm founder, Bob Williams, grew up seeing the hardships and dangers both his father and grandfather endured while working in the mines. Those experiences gave Bob a life long respect for working men and women.
After a serious injury you need The Best Lawyers To Defend Your Rights. You need the Law Firm of Williams & Swee, Ltd. in Bloomington, Illinois. Fighting For Your Future With Over 100 Years of Combined Experienced. Call Williams & Swee, Ltd. for a free consultation at (309) 827-4371