Work Injuries / Workers' Compensation
What is a workers compensation claim? Workers' compensation claims arise as a result of work-related accidents and diseases. Unlike other personal injury cases, it is not necessary to prove that the injury resulted from the negligence of your employer or a co-worker. A signed application must be filed with the Illinois Workers Compensation Commission, and your employer must receive notice of the claim.
What type of injuries are compensable? The key issue in workers' compensation claims is to determine the extent of the injury so that the maximum benefits can be obtained. Injuries suffered at the work place often include the following:
The Illinois Workers' Compensation Act provides benefits to anyone injured while working in Illinois.
Benefits provided may include:
- Medical benefits;
- Two or more doctors of your choice;
- Lost wages (2/3 of average gross weekly wage);
- Penalties if the insurance company fails to pay benefits; and
- Lump sum settlement for injuries or disfigurement.
For more helpful information, please read the IWCC Handbook,
- Back injuries
- Slip and fall injuries
- Carpal Tunnel Syndrome
- Knee injuries
- Shoulder injuries
- Crush injuries
- Chemical or hazardous substance exposure
- Hearing loss
Injured workers are entitled to receive medical care at the expense of their employers. Workers are also entitled to receive temporary benefits while unable to work. Permanent disability compensation is also available to workers who have suffered such injuries. If you are injured and unable to return to work, or must seek lesser-paying employment due to your injuries, you may be entitled to compensation for such lost wages.
In some instances, additional claims can be brought outside the workers' compensation system against responsible parties (third parties) who may have supplied defective equipment, or otherwise, contributed to the cause of the accident.
Do I still have a claim if I lost my job after being injured? You may still have a compensable workers' compensation claim. The Illinois Workers' Compensation Act allows an injured worker to file for benefits for up to three (3) years after their work-related accident