What Can Disqualify You From Receiving Workers’ Compensation?

workers comp

Workers’ compensation is a crucial safety net that provides financial support and medical benefits to employees who suffer job-related injuries or illnesses. In Illinois, as in many other states, this system is designed to protect both workers and employers. However, there are circumstances where individuals may be disqualified from receiving workers’ compensation benefits. Understanding these disqualifications is essential for employees and employers, as it clarifies eligibility boundaries and ensures a fair and equitable system.

1. Failure to Report the Injury Promptly

One of the most common reasons for disqualification is a delay in reporting the injury. In Illinois, employees must report their workplace injuries to their employers promptly. The law recommends notifying the employer within 45 days of the injury or illness. Failing to report the injury within this timeframe can jeopardize your workers’ compensation benefits eligibility.

2. Injuries Outside the Scope of Employment

To be eligible for workers’ compensation benefits, the injury or illness must have occurred within the scope of your employment. In other words, the injury must have taken place while you were performing work-related duties. If the injury happened while you were engaged in activities unrelated to your job, such as during your lunch break or while commuting to and from work, it may disqualify you from receiving benefits.

3. Intentional Self-Injury or Misconduct

Workers’ compensation is intended to assist employees injured through no fault of their own. Deliberate self-injury or engaging in misconduct that leads to an injury may disqualify you from receiving benefits. For example, if you intentionally injure yourself or engage in reckless behavior while on the job, you may not be eligible for compensation.

4. Injuries Under the Influence of Drugs or Alcohol

If your injury occurred while you were under the influence of drugs or alcohol, you may be disqualified from receiving workers’ compensation benefits. Illinois law considers injuries that result from intoxication or substance abuse to be outside the scope of eligible claims. It’s essential to be aware that many employers require drug and alcohol testing following a workplace injury.

5. Failure to Cooperate with Medical Treatment

Cooperation with medical treatment is a fundamental requirement in the workers’ compensation process. Refusing reasonable medical treatment or failing to follow your healthcare provider’s instructions may disqualify you from receiving benefits. It is crucial to comply with all recommended medical treatments and attend all medical appointments related to your injury.

6. Failure to Follow Employer’s Policies

Employers may have specific policies and procedures in place for reporting workplace injuries and seeking medical treatment. Follow these policies to avoid disqualification from workers’ compensation benefits. It is essential to familiarize yourself with your employer’s guidelines and adhere to them in the event of an injury.

7. Fraudulent Claims

Submitting fraudulent workers’ compensation claims, including providing false information about the injury or the circumstances surrounding it, is a serious offense. If you are found to have engaged in fraudulent activities related to your claim, you may be disqualified from receiving benefits and face legal consequences.

Closing Remarks Regarding Disqualify Yourself From Receiving Workers’ Compensation

Workers’ compensation is a crucial resource for employees who suffer job-related injuries or illnesses in Illinois. However, some specific circumstances and actions can disqualify individuals from receiving these benefits. Both employees and employers need to understand these disqualifications to ensure the integrity of the workers’ compensation system.

If you have questions or concerns about your eligibility for workers’ compensation benefits or have encountered challenges in the claims process, seeking legal counsel from our experienced Lake County workers’ comp lawyers can be invaluable. We can provide guidance, advocate for your rights, and help you navigate the complexities of the Illinois workers’ compensation system, ensuring that you receive the benefits you are entitled to while adhering to the laws and regulations governing workers’ compensation in Illinois.

Contact Our Lake County Workers’ Comp Lawyers For Claims Assistance!

Are you needing clarity on your workers’ compensation situation in Illinois? If so, Robert Edens, P.C. is ready to help. Call our Lake County workers’ comp lawyers at Robert Edens, P.C. at 847-395-2200 for your free workers’ compensation consultation. Don’t face the complexities of workers’ compensation alone; we’re here to guide you every step of the way.

What Not To Do With Your Workers’ Compensation Doctor

workers' comp doctor

If you are hurt on the job, you should be able to get workers’ comp for your medical bills and partial wages. But many things can go awry in a workers’ comp claim, and one of them involves your treating doctor.

You have the right in Illinois to choose your treating doctor during your recovery, and you may also have to deal at some point with the insurance company’s doctor. In either case, there are certain things you should not do when working with your treating doctor. If you need assistance with your claim or injury, our Cook County workers’ compensation lawyers can offer outstanding representation.

Your Rights In An Illinois Workers’ Comp Case

Illinois state law states that the employer must pay for all necessary medical care to deal with your work-related illness or injury. When needed, the employer must also pay for mental, physical, and vocational rehabilitation.

The employee is allowed to select two physicians, surgeons, or hospitals. If the company informs you that it has an approved preferred provider program (PPP) for workers’ comp, the preferred provider counts as one of your two choices.

What Not To Do

There are several things you should refrain from dealing with your treating physician. This is true whether it is your personal doctor or the insurance company doctor:

Do Not Lie

You should always tell the truth to the doctor about what happened that injured you. It could be tempting to not tell the truth about how the accident occurred, but it will not benefit your case and could hurt it. Remember, fault does not usually matter in an Illinois workers’ comp case; as long as you were injured at work, you should receive benefits. So, obscuring the truth about how it happened is not necessary.

Also, the doctor deals with workers’ comp injuries often. They probably know how the injury happened, and if something sounds off in your explanations, it could raise red flags and affect your benefits.

Do Not Omit An Earlier Injury

It is common for injured parties to have a preexisting condition in the body area or part that was injured at work. If you have a preexisting injury, remember to disclose it to your treating physician. Do not attempt to hide it or omit this vital information. You are not precluded from receiving worker’s comp because of a preexisting injury.

Do Not Exaggerate

Do not exaggerate your injury because you think it benefits your case. Be honest about the injury, how it happened, and your pain. Your benefits and recovery depend on you telling the truth to your treating doctor. The doctor sees many work-related injury cases and probably can spot people who is not telling the truth.

Speak To Our Cook County Workers’ Compensation Lawyers

If you were hurt at work in Cook County, you can probably receive workers’ compensation during your recovery. But you should ensure that you comply with your workers’ comp doctor’s instructions, or your benefits could be at risk. For assistance with your case, speak to our Cook County workers’ compensation lawyers at The Law Office of Robert T. Edens at (847) 395-2200. Mr. Edens may be able to obtain a better workers’ compensation settlement than you could on your own.

4 Questions To Ask An Illinois Workers’ Comp Attorney

workers comp

Being hurt at work can be devastating because you may be unable to work and provide for your family. Plus, medical expenses can be overwhelming. While a workers’ comp attorney can often help, how do you know who to hire?

Below, learn four essential questions to ask a prospective attorney. If you were hurt in a work accident in Illinois, you need the Lake County workers’ comp lawyers at The Law Offices of Robert T. Edens fighting for your rights. Our law firm has the skill, tenacity, and legal knowledge to advocate for maximum workers’ comp compensation for you.

Will Workers’ Comp Cover My Work-Related Accident?

Unlike a personal injury case, fault is rarely a factor in Illinois workers’ comp cases. If you are hurt in the workplace, you are usually entitled to workers’ compensation. Even if you were liable for a job-related accident, you still should be able to receive compensation.

If the accident occurred while driving, whether you are covered depends on whether you were engaged in your job. For instance, a delivery driver working during a car accident would receive workers’ compensation.

What Is Your Workers’ Compensation Case Success Rate?

You do not want or need to spend hours going through the attorney’s recent workers’ comp cases. But you should get a feel for their success rate for getting compensation for accident victims.

An experienced workers’ comp attorney should anticipate this query, so they should provide a ready answer. Expect them to give a ballpark figure of their case success rate. There is no perfect answer, but a higher success rate suggests it is a capable attorney. The attorney also should have many client testimonials showing their impressive workers’ comp case results.

How Much Should I Get In Benefits?

During the case evaluation, you should understand the potential compensation you could receive for your job-related injuries. If you were hurt at work when you fell down steps, you should receive money for your medical treatments and rehabilitation, at least. If you cannot work, you could also receive temporary or permanent disability payments for your lost earnings.

Assuming you have a valid case, the workers’ compensation attorney should give you a ballpark idea of what you could receive in compensation. It could be more or less than what the attorney says, but they should be able to give a rough idea based on experience.

What Does It Cost To Hire You?

You can expect the price of the attorney’s services to be covered in the discussion. Fortunately, most workers’ compensation lawyers do not charge upfront legal fees. Instead, most work on a contingency fee basis. This means there is no upfront cost, but the attorney receives part of your financial compensation from the settlement or winning verdict. Make sure you know this percentage for their contingency fee, and get it in writing.

Talk To Our Lake County Workers’ Comp Lawyers Now

Were you injured recently at work? Are you unable to work or get paid? You should not need to pay out of pocket for your losses. You could be entitled to workers’ comp for your medical bills and wages. Speak to our Lake County workers’ comp lawyers today at The Law Office of Robert T. Edens. For immediate assistance, call us at (847) 395-2200.

What Is A Statutory Employer In Workers’ Comp Claim?

workers comp

If you have ever been hurt on the job, you know how traumatizing it can be. Whether the injury was related to slipping and falling, falling from heights, overexertion, or something else, a work injury can prevent you from earning a living and enjoying life.

Fortunately, Illinois requires most employers to provide workers’ compensation insurance. If you are dealing with a work-related injury, it is critical to understand how the state’s workers’ compensation system works.

Learn about statutory employers in this blog post and related workers’ comp information. If you have questions about your case, our Antioch workers’ comp lawyer Robert T. Edens, can assist you. Mr. Edens is known as a top-rated workers’ comp lawyer in Illinois and has obtained millions of dollars for his clients.

Statutory Employer Overview

The Illinois Workers’ Compensation Act offers disability benefits not just to employees. It also offers workers’ compensation to employees of subcontractors who perform any work directly or indirectly. This part of the law is vital because it assists an injured employee working for a subcontractor who lacks workers’ comp insurance. Or the subcontractor lacks the assets to provide benefits that the injured employee should receive.

If you injured your back in a fall at work and your company did not have workers’ comp insurance, but a general contractor was working there, you still might receive benefits. You can file an ‘application for adjustment’ claim against your company. In this case, the general contractor is the ‘statutory employer.’ That employer must pay your workers’ comp benefits. After the benefits are paid, and the case is resolved, the statutory employer can pursue your company for reimbursement.

When Does An Injury Occur At Work?

Under the workers’ comp law, the injury must have happened when the worker did work and not when doing their personal business. The law mentions that the injury must ‘arise out of employment,’ meaning the injuries can be sourced to a time, place, and cause related to your work.

Note that not every injury that occurs at work is covered by the Illinois Workers’ Compensation Act. For instance, if you were walking down the hall and fell for no reason, such as a defect in the floor, this would not be covered because you were not at any higher risk than any person in the public would be.

However, if you walked down your office hall carrying a video projector and tripped, this could be enough to qualify for workers’ comp. If you wonder if the Act would cover your injury, do not hesitate to contact Mr. Edens for more information.

Our Antioch Workers’ Comp Lawyer Will Fight For You

Were you recently injured in an Illinois work-related accident? You need The Law Offices of Robert T. Edens fighting for your rights today. Our attorneys have helped injured Antioch workers obtain their deserved workers’ compensation for over 20 years. We can help you get the compensation you deserve. During the initial consultation, Mr. Edens will review your case carefully and inform you if you need an attorney. Contact our Antioch workers’ comp lawyer today at (847) 395-2200 for legal assistance.

Can I Still Get Workers Comp If Accident Was My Fault?

workers comp

Imagine being hurt on the job, such as falling from a ladder and breaking your hip. Suddenly, you are in pain, injured, and unable to work and pay your bills. Fortunately, Illinois has strong workers’ compensation laws, and your employer is probably required to cover your injuries, even if the accident was your fault.

Learn more about the law in this article, and contact our Illinois workers’ comp attorneys for additional legal information. Attorney Robert Edens has been recognized as a top-rated workers’ comp lawyer and is an active member of the Illinois Trial Lawyers Association and the American Trial Lawyers Association.

Illinois Workers’ Compensation Overview

Illinois workers’ comp is a system of benefits prescribed by the law to most employees with a job-related illness or injury. Workers’ comp benefits are paid for any injuries entirely or partially caused by a worker’s work. This can include the aggravation of a pre-existing injury, injuries because of repetitive use, cardiac events, or other physical issues caused by work.

Importantly, workers’ comp benefits are paid regardless of fault. You are not required to prove how or why the accident happened, only that it occurred at work.

What Should You Do If You Are Hurt At Work?

The Illinois Workers’ Compensation Act states several obligations the employee and employer have after a job-related accident. They include:

Seek Immediate Treatment

You must get immediate medical treatment for your job-related injuries. How quickly you receive treatment can significantly impact how your workers’ compensation case is resolved.

Report The Injury

The law requires that you report your injury to your employer within 45 days. The report must be submitted on a Form 45. You have up to 45 days to report the injury because you might not realize you are injured for days or weeks. That said, you should report the injury as soon as you become aware of it.

Keep Your Employer Informed

You need to keep your company updated on how you recover and when you will return to work. Your employer will usually not let you return to your job without a statement from your doctor that you can and what work you can do. If the insurance adjuster wants you to have an independent medical review, you must comply.

Can You Be Denied Illinois Workers’ Compensation Legally?

Yes. There are cases in which you could be disqualified from receiving benefits. For example, you could be disqualified from receiving benefits if you do not notify your employer within 45 days.

Also, while you can receive benefits even when causing your injury, there are exceptions. Your claim could be denied if you were engaging in horseplay at work, fell, and broke your ankle. Direct any questions about the injury circumstances to our Illinois workers’ compensation attorneys.

Our Illinois Workers’ Comp Attorneys Will Fight For Your Rights

If you were injured at work in Illinois, you might not be fully aware of your right to compensation for being out of work. Most employers in Illinois must carry workers’ compensation insurance; yes, you can usually get coverage if the accident was your fault. For more information and a consultation, speak to our Illinois workers’ comp attorneys at The Law Offices of Robert T. Edens at (847) 395-2200. Mr. Edens has fought for the rights of injured workers like you for over 20 years.

How To Choose A Workers’ Compensation Lawyer

workers comp

There are more than 2.6 million non-fatal work injuries across America annually. If it happens to you, you could be forced to take time from work, pay for astronomical medical bills, and deal with significant mental and emotional trauma from what happened. Some workplace injuries could lead to chronic health problems, too. Money cannot solve every problem, but most Illinois workers can qualify for workers’ compensation after a job-related injury that can help get them back on their feet.

If you want the best outcome, you need a skilled workers’ comp lawyer to fight for your health and financial rights. Our Lake County workers’ compensation lawyers at The Law Offices of Robert T. Edens can assist you. Robert Edens is known as a top-notch workers’ comp attorney and can take the most challenging cases to trial and appeals if needed.

Illinois Workers’ Compensation Overview

Workers’ compensation is insurance that most Illinois employers must provide. If you are in a work-related accident in the state, you could receive temporary financial support for your medical bills, lost earnings, and rehabilitation costs. Workers’ comp covers most accidents that happen at the workplace, as well as related illnesses. For instance, workers’ comp would probably apply if you were exposed to hazardous chemicals at work and suffered a respiratory disease.

How To Hire An Illinois Workers’ Comp Attorney

So, you were injured at work, sitting at home, and thinking about hiring a workers’ compensation attorney. At The Law Offices of Robert T. Edens, our attorneys find that most injured parties need to answer these three questions to determine the next steps:

  • Do you need a lawyer to represent you in this job-related injury case?
  • How do you determine the best attorney for this case?
  • Someone in your family recommended an attorney. How do you know if this is the best option?

First, it is usually a smart idea to consult a workers’ compensation attorney. An experienced workers’ compensation attorney can review your case at no charge and tell if an attorney could benefit you. If sufficient money and benefits are at stake, and the attorney thinks they could help, that is worth considering.

Second, there are many ways to choose an attorney, but reviewing workers’ comp client testimonials is a reliable way to find a skilled, successful one. Look online for workers’ comp attorney testimonials in your area to find a good lawyer.

Third, if a family member or friend recommends an attorney to you, ensure that the person is an experienced workers’ compensation attorney. You want a skilled workers’ comp lawyer who is aggressive, no-nonsense, and intimately familiar with Illinois workers’ comp laws.

Talk To Our Lake County Workers’ Compensation Lawyers

You may be entitled to workers’ compensation benefits if you were injured on the job. But handling your workers’ compensation case could result in less money in your pocket than you deserve. Our Lake County workers’ compensation lawyers at The Law Offices of Robert T. Edens have fought for workers’ rights for more than 20 years. Speak to our attorneys today by calling (847) 395-2200. You can search our verdicts and settlements, proving that we have won millions of dollars for past clients.

Can OSHA Violations Affect Workers’ Comp Claims?

workers comp

When an employee is hurt at work in Illinois, they are usually entitled to workers’ compensation benefits and can receive compensation for their medical expenses and partial lost wages. If the company violated an Occupational Safety and Health Administration (OSHA) rule, it could affect your workers’ compensation case in specific ways. Our McHenry County workers’ comp lawyers can help if you have worker compensation questions.

The Most Common Workplace OSHA Violations

OSHA is tasked with enforcing workplace safety, but many employers continue to ignore or cut corners on safety. Some of the most common OSHA violations that lead to workplace injuries and workers’ compensation claims are:

  • Scaffolding
  • Fall protection
  • Ladders
  • Machine Guarding
  • Eye and face protection
  • Containment of hazardous materials
  • Respiratory protection

In many cases, inadequate training or maintenance can lead to many workplace accidents. Also, defective or faulty equipment are common causes of workplace injuries. For example, you could lose your balance and fall if your company does not put handrails on an elevated platform.

OSHA Violations And Workers’ Compensation Claims

Wherever the accident occurs on the job, Illinois has a ‘no fault’ policy for workers’ comp claims. This means that the workers do not need to prove who caused the accident but only that the accident happened at work. Also, if the worker violated OSHA standards, it does not necessarily mean the injured worker cannot receive workers’ compensation benefits.

If a company violated an OSHA rule that led to a worker injury, you might wonder if you can sue for the OSHA violation. In Illinois, you are usually barred from suing the company in a civil action if you get workers’ compensation. Unfortunately, there have been court rulings that the workers’ comp bar on personal injury litigation is not overcome when an employer willfully violates an OSHA rule. However, other courts have ruled that a purposeful violation of OSHA rules could be a factor in determining if the bar on private lawsuits should be disregarded.

Also, depending on the case circumstances, an injured employee could have legal options against a third-party company contributing to the workplace accident. Further, OSHA reminds companies that the law prevents them from retaliating against workers for making injury reports. Employers have been warned against providing prizes or bonuses for reaching safety goals if those rewards discourage workers from reporting workplace injuries.

Workers are also protected from workplace retaliation, including for reporting OSHA violations. If the company retaliates against you for reporting a violation, it could be violating federal employment laws.

If you are hurt on the job, and the company violated an OSHA safety rule, you should speak to an attorney about your case. Your attorney will ensure you obtain the maximum benefits and may explore whether legal action is possible.

Contact Our McHenry County Workers’ Comp Lawyers

If you were hurt in a workplace accident or suspect your company violated OSHA regulations, you should speak with a lawyer who understands workers’ compensation and employment laws. You could be entitled to temporary total disability (TTD) or permanent partial disability (PPD) benefits. Our McHenry County workers’ comp lawyers at The Law Offices of Robert T. Edens, P.C., may be able to assist, so please call (847) 395-2200.

How Long Do I Have To File Workers’ Comp Claim?

workers comp

Being hurt on the job is upsetting and stressful, but most injured employees in Illinois can qualify for workers’ compensation. However, it is essential to follow all filing rules and deadlines, including the statute of limitations. Learn more in this blog post about workers’ comp, and then our Lake County workers’ compensation lawyers at The Law Offices of Robert T. Edens, P.C., can answer your questions.

Illinois Workers’ Compensation Overview

State law in Illinois requires most employers to have workers’ compensation insurance, even if they have only one employee. If you are hurt or suffer an illness from work in Illinois, you are probably eligible for benefits to cover medical costs, lost earnings, and ongoing medical care. For instance, if you cut your hand working in a butcher shop, workers’ comp should cover your medical bills and part of your lost earnings during your recovery.

When you are injured at work in Illinois, you should report it to your employer within 45 days. Your company must report the injury to their workers’ comp insurance company. Also, if you are unable to work for more than three days, your company must do the following:

  • Keep paying you, even if the claim still needs to be made with their insurance provider.
  • Give a written explanation about any additional information or documentation required for the workers’ compensation claim.
  • If the claim is denied, you must be given a written explanation.

Illinois Temporary Disability Benefits

You could be eligible for temporary total disability benefits if you cannot work as you recover from your job-related injury. You also may be eligible for total temporary disability (TTD) if your company cannot provide light-duty, alternative work during your recovery. These benefits kick in once you have missed three days of work, but they will be paid until your physician says you have reached maximum medical improvement (MMI).

The benefits should be 2/3 of your average weekly wage before you were hurt, up to a maximum wage that changes every 180 days. For instance, the maximum in early 2020 was approximately $1,549.00. If you can return to part-time or light-duty work during your recovery, you can receive temporary partial disability (TPD). You would receive t/w of the difference between the wage you would receive in your pre-injury job and your current earnings.

What Is The Illinois Statute Of Limitations To File A Workers’ Comp Claim?

The Illinois Workers’ Compensation Act states that you have three years from the date of injury to file a benefits claim. Filing a claim means filing an Application for Adjustment of Claim with the state’s Workers’ Compensation Commission. However, it is best to file your workers’ compensation claim as soon as you can. If you are unsure if you qualify for benefits, please contact a workers’ compensation attorney.

Contact Our Lake County Workers’ Compensation Lawyers Now

If you were hurt on the job in Illinois, you may be entitled to workers’ compensation. But without an attorney handling your claim, you could get fewer benefits than you deserve. Contact our Lake County workers’ compensation lawyers at The Law Offices of Robert T. Edens, P.C., for help with your case at (847) 395-2200.

How Long Does It Take To Receive Illinois Workers’ Comp?

workers comp

Being injured at work can lead to significant disruptions in your health, career, and personal life. Illinois’s workers’ compensation system is intended to pay you for some of your losses so you can get back to work quickly. Learn about how long it takes to receive workers’ comp below and talk to our workers’ compensation lawyers in Cook County if you have legal questions.

How Long It Takes To Receive Workers’ Comp in Illinois

The Illinois Workers’ Compensation Act offers immediate temporary total disability (TTD) benefits that cover 100% of your medical expenses and about 2/3 of your average weekly wage. However, if you have a permanent partial disability (PPD), you may wonder how long it takes to resolve your claim and receive a lump sum payment.

You can assume that your company’s workers’ compensation insurance provider will try to offer as low a settlement as possible. While the timeline varies, 12 to 18 months is a typical time to come to a settlement agreement for workers’ compensation. But this can extend to 24 months or even more if the insurance company fights the claim.

You can usually expect the insurance company to contest your claim, so having an experienced Illinois workers’ compensation attorney is essential to getting the best settlement. Your attorney can negotiate with the insurance company to get you the most money and file a lawsuit if negotiations break down.

What Factors Affect Workers’ Compensation Timelines?

Many things can influence how long it takes to receive a workers’ compensation settlement. Some of these factors include:

How Severe Your Injuries Are

You must have a state of permanency to decide how much workers’ compensation you receive. This means your physician must determine that you recovered from your illness or injury as much as possible and have achieved maximum medical improvement (MMI). Reaching MMI for a serious injury could take longer than a minor one.

The Employer Disputes Your Claim

Most companies want to lower the number of approved workers’ compensation claims to keep their insurance premiums low. If your company wants to do this, they could question the claim, arguing that your injury is unrelated to work. Or, they could claim that you can return to work sooner because you are not as seriously hurt as you claim. Any dispute on your employer’s part can delay the settlement process.

When You Hire A Workers’ Compensation Attorney

It is natural for many injured parties to delay hiring an attorney to see if they can resolve it without a legal dispute. However, waiting until you have a workers’ compensation dispute to retain an attorney is not recommended. Once there is a dispute, you may not be able to obtain critical evidence, or you may have received subpar medical care that affects your claim. Waiting to hire an attorney until there is a problem will only delay your settlement, so bring in an experienced attorney early in the process.

Contact Our Workers’ Compensation Lawyers In Cook County

If you have a workplace injury, you want to receive a settlement for your injuries promptly. Contact our workers’ compensation lawyers in Cook County at The Law Offices of Robert T. Edens, P.C. for assistance with your workers’ comp case at (847) 395-2200.


Behavior That Can Derail Your Workers’ Comp Claim

workers' comp claim

In Illinois, you may be entitled to workers’ compensation benefits if you are injured at work. However, certain behaviors and actions can damage your case. Learn more about this topic in this article, and if you have legal questions, speak to our Antioch workers’ comp lawyers at The Law Offices of Robert T. Edens, P.C.

Essential Facts About Illinois Workers’ Compensation

If you need to file for workers’ compensation in Illinois, it is essential to understand some critical aspects of the law:

  • You have 45 days from the accident date to inform your employer of the accident, but the sooner the better.
  • There is a three-year time limit to file your workers’ compensation claim with the Illinois Workers’ Compensation Commission.
  • Depending on the nature and extent of your injuries, you may be entitled to medical care, temporary total disability, temporary partial disability, permanent partial disability, or permanent total disability. Your family may be eligible for death benefits if you die from your injury or illness.

Behavior And Actions That Can Derail Your Workers’ Comp Claim

Workers’ compensation in Illinois is intended to provide you with medical and wage benefits during your recovery. However, there are things that you can do that can damage your claim, so it is always best to have your case handled by a workers’ compensation lawyer:

Failing To Report Your Injury

Nothing will derail your workers’ compensation claim faster than not reporting the injury on time. The law requires you to report it to your employer within 45 days, but the longer you wait, the more likely the claim will be challenged. Even if you have a minor work injury, promptly report it to your employer.

Ignoring Work Restrictions

If your physician puts work restrictions in place when you return to work, you must follow them. If the insurance provider can prove that you are doing things your doctor says you cannot, you will likely get less compensation, and the claim could be denied outright.

Not Telling The Doctor About Your Injury Specifics

Being as detailed as possible with your doctor about your injuries and pain is essential. Minimizing the pain you are experiencing or not describing to the doctor how you were injured could affect your claim. For example, if your doctor does not know you have severe back pain from a fall at work, they will have no reason to prescribe treatment, which can derail your claim.

Not Disclosing A Previous Injury

You also should disclose a significant previous injury that could affect your current work-related injury. If you suffer a similar injury at work, you could have your claim denied.

Contact Our Antioch Workers’ Comp Lawyers Today

If you were in an accident at work in Illinois, you could be entitled to compensation for your medical bills and lost earnings through workers’ compensation.  However, workers’ comp claims are tricky, and getting maximum benefits without an attorney’s help is challenging. Contact our Antioch workers’ comp lawyers at The Law Offices of Robert T. Edens, P.C. for assistance with your case at (847) 395-2200.