Employer Refusing to Pay Workers’ Compensation? Your Legal Options
What Can I Do If My Employer Refuses To Pay Me While Off Due To Injury?
So you have been on a construction site and busted your head open or broke your arm while trying to lift a heavy load at the office, you can claim compensation as long as you follow the right protocol. This includes ensuring the incident is reported to HR, a visit to the doctor that is pre-approved by your employer, and maintaining records of all of your bills and treatments.
Chances are that you also followed the doctor’s advice to take time off work to recuperate. Since Illinois is a no-fault state, you should be able to get workers’ compensation without the need to prove misconduct or negligence on the part of your employer in order to receive benefits. It should be an open and shut case unless your employer refuses to cooperate.
What You Can Do
If your employer did not purchase worker’s compensation insurance, he/she can face potential penalties and criminal fines. If workers compensation is available, as per the Illinois Worker’s Compensation Commission, and you are denied benefits post injuries, you can do one of the following:
File a petition with the IWCC for penalties for delayed payments. You can fill out one or all of the boxes under Penalties as per your condition.
File a petition in circuit court asking the court to intervene and make your employer pay up. This is in accordance with the Illinois Worker’s Compensation Act and the petition can be filed for free.
Place a call to the Consumer Services Division.
Irrespective of the course you choose to take, make sure you have an experienced and competent worker’s compensation attorney with you. The process can be quite lengthy and complex for the uninitiated. If you try to do this solo, you may end up losing out on the compensation that is owed you whether you live in the state or commute to work there.
The good news is that as per Illinois law, employers have no choice but to cooperate. If yours refuses to, you have every right to claim damages and enforce your rights. If you think that your employer is being difficult or delaying compensation deliberately by causing problems, hire a worker’s compensation attorney from the Law Offices of Robert T. Edens today. We can help you get the compensation you deserve irrespective of how influential your boss is. Get in touch with us for a consultation in our offices in Chicago, Libertyville, Waukegan, Woodstock, and Antioch, IL.
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Frequently Asked Questions
What qualifications should a car accident attorney have?
The qualifications a car accident attorney should have include a law degree, a valid license to practice in their state, experience in personal injury law, and a proven track record of successful case outcomes.
What fees do car accident attorneys charge?
The fees that car accident attorneys charge typically include a contingency fee, which is a percentage of the settlement or award received. This means you only pay if you win your case, making legal representation accessible without upfront costs.
How important is local expertise in cases?
Local expertise is crucial in legal cases as it ensures a thorough understanding of regional laws, regulations, and court procedures. This knowledge can significantly enhance the effectiveness of representation and improve the chances of a favorable outcome for clients.
How does the attorney communicate with clients?
The attorney communicates with clients through various channels, including phone calls, emails, and in-person meetings, ensuring open and responsive dialogue throughout the legal process. This approach fosters a strong attorney-client relationship and keeps clients informed about their cases.
How does the attorney handle negotiations with insurers?
The attorney handles negotiations with insurers by thoroughly preparing the case, presenting compelling evidence, and advocating for fair compensation. They leverage their expertise to navigate complex discussions, ensuring clients receive the best possible outcome for their claims.
What is the attorneys success rate in similar cases?
The attorney's success rate in similar cases reflects their expertise and commitment to client advocacy. At Robert Edens Law Office, we have a proven track record of achieving favorable outcomes for clients in personal injury and workers' compensation claims.
What should I bring to the initial consultation?
What to bring to the initial consultation includes any relevant documents related to your case, such as medical records, accident reports, and insurance information. This will help us better understand your situation and provide effective legal guidance.
What are the attorneys specialties within personal injury?
The attorneys' specialties within personal injury include cases related to automobile accidents, slip and fall incidents, medical malpractice, workplace injuries, and product liability. Their expertise ensures effective representation for clients seeking compensation for injuries sustained due to negligence.
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So you have been on a construction site and busted your head open or broke your arm while trying to lift a heavy load at the office, you can claim compensation as long as you follow the right protocol. This includes ensuring the incident is reported to HR, a visit to the doctor that is pre-approved by your employer, and maintaining records of all of your bills and treatments.
