Things to Know About Worker’s Compensation3 Comments
Your injury must to be connected to your job.
Not every job injury is automatically covered under workers’ compensation. Under Illinois law, in order to be covered under Worker’s compensation- the injury must arise out of and in the course of your regular job duties. Meaning the injury must happen while you are working and the injury has to be caused by your job duties. In Illinois, the law tends to be worker-friendly. Even if you think your injury might not be eligible for worker’s compensation, talk to an attorney to make sure your worker’s rights are protected.
Remember 2 important deadlines.
Under Illinois law, a worker who has been injured MUST notify their employers within 45 days of the date of injury. Also, the law allows the workers 3 years, from the date of injury, to file a claim. If you are receiving benefits, the deadline is 2 years from the last payment, or 3 years from the date of injury-whichever is later. However, the most important thing is file as claim as soon as possible. The sooner you do, the easier it become to prove the injury is directly related to your job duties.
Only employees are eligible.
Under Illinois law, employees who are injured on the job are guaranteed benefits (Even Part-time employees). However, neither independent contractors nor volunteers are covered. Sometimes the employer mislabeled the employees, so don’t assume you are an employee or an independent contractor-look into talking to an attorney before dismissing the idea of filing a claim for benefits.
The insurance company is not on your side.
Employers have workers compensation insurance. When an employee is hurt at work, the insurer is the one paying out benefits. The insurance companies make money by paying out less benefits, therefore they are not on your side. The adjuster for the insurance may seem nice and helpful, but it is their job to try to pay you less for your injury. If the insurance asks you to give a statement, chances are, they will try to use it against you, in any way they can.
Hiring a lawyer is easier than you think.
Set up an initial consultation and ask questions. Consultations for worker’s compensation cases are free. Also, you do not have to pay anything for an attorney to take your case- the attorney’s fee is covered under your settlement or a sum of past benefits owed. Attorney’s fees are covered under a contingency basis. Your regular benefits checks are completely yours. Oftentimes, hiring an attorney significantly increases the value of your case.