What Steps Does An Injured Worker Need to Take to Apply For Benefits Under IL Work Comp Act?
In order to obtain Illinois workers' compensation benefits, you need to tell your employer about the circumstances of the accident. However, you should also seek the assistance of a qualified attorney and avoid making any signed statements in the meantime. Both of these moves will protect your right to future recovery.
You need to let your employer know you were injured as soon as possible. Employers are required to keep records and report accidents and injuries in the workplace that last more than 3 workdays (on "Employer's First Report of Injury," known as Form 45).
However, you do not need to give a recorded statement, and you should be careful about signing any documents without consulting an attorney first. Simply inform them of the nature, time, and date of the incident through oral or written communications no later than 45 days after the accident.
After receiving notice, the employer must provide all necessary care, inform the insurance carrier and the IWCC, begin payments for temporary total disability, or provide an explanation as to why benefits are being denied. Workers' compensation is insurance, and the employer and insurance company often are looking out for their own best interests, not yours.
Remember, they are precluded by law from harassing you as you exercise your right to workers' compensation. Having an attorney on your side that is experienced with workers' compensation laws can ensure that you get all the compensation you deserve for your injuries.
What Happens After You File a Workers Comp Claim With the IWCC?
As you understand by now, your employer is obligated to cover all of the expenses that a work-related injury causes you. If they don't, then you can file a claim with the IWCC. You typically can't sue them for these injuries.
What happens after you file a claim with the IWCC is that the Commission will task an arbitrator with your case, give it a number, and set a status meeting every three months. It is critical that you keep abreast of developments within these status meetings because the arbitrators have a heavy caseload and they will not keep on top of ensuring that your employer does what it is supposed to.
Also, at these meetings, you can request a trial. To understand the intricacies of the IWCC claims process in greater detail, speak with our attorneys. They are knowledgeable and have helped many employees through the system.
What can I do to Help my Attorney Pursue my IWCC Claim?
There are some steps you can take to help your lawyer fight for you in the IWCC claims process. First of all, do not sign any statement for your employer after the incident. This should only be done after consulting with your attorney.
Second, keep track and itemize all of your receipts for care received because of the incident. This will form the basis for the damages that you seek in arbitration. Third, try and memorialize any memories or questions that you have regarding the accident.
The process may take years so it is important to keep your story straight and be consistent on the facts. By doing all of these things, you will strengthen your chances in front of the IWCC or at any trial that may result.
Be Safe, Give Us a Call!
If you've gotten this far, then you've covered the basics of what you have to do in order to apply for a workers' compensation claim. Getting it right matters! You could be missing work and the wages that come with it, you might accrue medical bills or prescription costs, and you might endure long-term pain, suffering, and disability.
However, this isn't everything. There are still many other things you need to be aware of in order to successfully file and claim workers' compensation. For instance, there is a way to effectively deal with the opposing party, the employer.
Also, there is a specific manner in which you should be recording your expenses. Competent legal counsel should be able to handle all of this for you. Additionally, they should keep you in the loop at all times.
We can take care of all of this for you and at no charge until you are satisfied with the claim. Just give us a call and let our group of attorneys know what happened to you.
Plus, Rosenfeld Illinois workers' compensation attorneys will provide a free case evaluation, with no obligation – simply complete the contact form or call us at 888-424-5757
For additional information see the following pages:
- Can I be Fired For Filing a Workers' Compensation Claim?
- Can I Choose my Own Doctor to Treat my Work-Related Injury Under Illinois' Workers' Compensation Law?
- How Much Will It Cost me to Use an Illinois Workers' Compensation Lawyer to Handle my Claim?
- I Have an Open Workers' Compensation Claim That I Have Received a Settlement Offer For. What Happens If I Settle That Claim?
- I Was Hurt Over a Year Ago at Work But Never Filed a Claim. Is It Too Late to Receive Illinois Workers' Compensation Benefits?
- What If I Was at Fault For my Work-Related Injury. Can I Still Get Workers' Compensation Benefits?
- What Kind of Benefits Can I Get When I File an Illinois Workers' Compensation Claim?
- What or Who is Covered Under The Workers' Compensation Laws of Illinois?
- When Should an Employee Seek The Help of an Illinois Workers' Compensation Attorney?
- Who is Responsible For Paying For Illinois Workers' Compensation Benefits?