Top 5 Mistakes to Avoid When Filing for Workers’ Compensation in Illinois

Filing for workers’ compensation in Illinois is a crucial step for injured workers to receive the benefits they are entitled to after suffering a work-related injury or illness. However, the process can be complex and daunting, and making mistakes along the way can jeopardize your claim and your ability to receive the compensation you deserve. In this article, we’ll explore the top five mistakes to avoid when filing for workers’ compensation in Illinois, backed by relevant statutes to help you navigate the process successfully.

Failing to Report the Injury Promptly

Under Illinois law (820 ILCS 305/6), injured workers must report their workplace injuries to their employer as soon as possible but no later than 45 days after the incident. Failing to report the injury promptly can jeopardize your ability to receive workers’ compensation benefits. Employers may dispute your claim, arguing that the injury did not occur at work or is not as severe as you claim. To avoid this mistake, immediately report any work-related injuries to your employer, even if they seem minor.

Not Seeking Medical Treatment

Another common mistake is failing to promptly seek medical treatment for your work-related injury. Illinois law (820 ILCS 305/8) allows injured workers to choose their own medical provider for treatment. However, delaying medical treatment or not following through with recommended treatment plans can signal to insurance companies and employers that your injury may not be as serious as claimed. It’s crucial to seek medical attention as soon as possible after the injury occurs and follow your doctor’s orders to ensure your health and strengthen your workers’ compensation claim.

Not Documenting the Injury and Treatment

Proper documentation is essential when filing for workers’ compensation in Illinois. Keep detailed records of the injury, including how it occurred, any symptoms experienced, and the medical treatment received. Take photographs of visible injuries, keep copies of medical bills and receipts, and maintain a journal documenting your recovery progress. This documentation can serve as valuable evidence to support your claim and ensure you receive the full benefits you are entitled to under Illinois law.

Failing to Follow the Claims Process

Navigating the workers’ compensation claims process can be overwhelming, but failing to follow the proper procedures can result in delays or denials of your claim. In Illinois, injured workers must file a claim with the Illinois Workers’ Compensation Commission (IWCC) within three years of the injury or the date of last payment of compensation, whichever is later (820 ILCS 305/6). Missing this deadline can result in forfeiture of your right to benefits. Additionally, be sure to submit all required forms and documentation accurately and on time to avoid complications with your claim.

Not Seeking Legal Representation

One of the most significant mistakes injured workers can make is not seeking legal representation when filing for workers’ compensation. Illinois workers’ compensation laws are complex, and insurance companies and employers may try to deny or minimize your claim to protect their interests. An experienced Illinois workers’ compensation attorney can help you understand your rights, navigate the claims process, gather evidence to support your claim, negotiate with insurance companies on your behalf, and represent you in any hearings or appeals. Having legal representation can significantly increase your chances of receiving the full benefits you deserve.

Filing for workers’ compensation in Illinois can be challenging, but avoiding these common mistakes can help ensure your claim is successful and that you receive the benefits you are entitled to after suffering a work-related injury or illness. By promptly reporting the injury, seeking medical treatment, documenting the injury and treatment, following the claims process, and seeking legal representation, you can protect your rights and secure the compensation you need to recover and move forward. If you have questions about filing for workers’ compensation or need assistance with your claim, don’t hesitate to contact experienced Illinois workers’ compensation attorneys for guidance and support.

Call Our Illinois Workers’ Compensation Attorney For Top-Rated Representation

After you sustain a work-related injury, there are various legal and insurance issues to navigate. But you don’t have to go through it alone. At The Law Offices of Robert T. Edens, we’re here to help you every step of the way, ensuring you understand your rights under Illinois workers’ compensation law. With our deep understanding of these claims and insurance matters, we’re committed to fighting for the compensation and fairness your case deserves.

Don’t let the uncertainty of a workers’ compensation claim hold you back from your recovery. Contact our Illinois workers’ compensation attorney at The Law Offices of Robert T. Edens by calling 847-395-2200 for a free consultation. Together, we’ll develop a plan to move forward, using our legal knowledge to protect your rights and achieve the best possible outcome for you.