What Can I Do If My Employer Refuses To Pay Me While Off Due To Injury?

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:

1. 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.
2. 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.
3. 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.

See more on our Illinois Workers’ Compensation FAQs page.