The core concept of Workers’ Compensation benefits for individuals injured in the workplace is straightforward. However, WINNING a Workers’ Compensation claim is often complex.
As a Chicago Workers Compensation lawyer who represents Chicagoland clients in Workers’ Comp claims, I fight for victims every day to gain the benefits they deserve. Since it is likely that Workers’ Compensation benefits are the only source of income for these victims, it’s critical that action is taken quickly and the process followed precisely.
No Fault claims.
In Illinois, with few exceptions, an employee injured in the workplace is automatically entitled to specified Workers’ Compensation benefits. No fault for the injury needs to be established. The injured employee does not need to prove that the employer, work conditions, equipment, or a co-workers caused the injury. Even if the injury was actually caused by the actions of the injured employee, they are entitled to Workers’ Compensation benefits.
Those entitled to Workers’ Compensation benefits receive compensation for lost wages while away from work, their medical bills are paid, vocation rehabilitation is provided and funded, and, partial permanent disability benefits are awarded.
However, workers’ compensation insurance companies do not like to pay claimants for any more than they have to. They try to minimize their costs and sometimes look for reasons to limit and delay payments to the victim.
But the injured worker needs help NOW. They need the monthly payments to keep food on their family’s table and pay their bills.
While there is an procedure for filing a Workers’ Compensation claim, based upon my years of experience, I can offer a 5-step checklist to maximize success with these claims. I know the territory, the pitfalls, and the hurdles.
What To Do.
Step 1: Medical Care. First and foremost is your health. Seek medical attention and treatment immediately. Be sure to get copies of medical records regarding your exam and treatment. Take photos of any cuts or bruises or any physical damage that may not be revealed on X-rays. Being examined by a physician and following their medical advice is always first priority.
Step 2: Notify your employer. Following your initial medical treatment, notify your employer. Do not wait. In Illinois, you must notify your employer of the injury within days.
Step 3: Document the situation. Accidents are scary. Details are easy to overlook. Write down what you remember happening as soon as possible in your private notes. What was happening just prior to the accident? Equipment condition? Where were you located? Who came to help? What was said? Get the names of witnesses.
Write down everything in your private notes – do not share these notes with anyone other than your attorney who will find these enormously helpful in fighting for you. Keep these notes with your medical records.
Step 4: Notify your union. If you’re a member of a union, make your steward aware of your injury. Your union can provide significant help.
Step 5: Retain an attorney. Contact an attorney who is knowledgeable and experienced with Workers Compensation cases. We help you navigate the claims process to insure that all of your benefits are rewarded appropriately. We fight for your rights, your benefits, and assist with all the details. You focus on healing.
We Help Victims.
The Attorneys at Friend, Levinson & Turner Law apply a disciplined approach to gain a comprehensive perspective of the facts, issues, and injuries experienced by victims of work related injuries. Our knowledge, experience, insight, and advice are invaluable. We make the legal process as stress-free as possible. We focus on recovering the compensation you deserve, while you focus upon recovery.
If you or a loved one is injured at work, please call my office or email.
The key to our success is the time we take to get to know our clients as individuals. We establish a personal relationship to understand every detail of their case and the impact it has had on their family.
The attorneys at Friend, Levinson & Turner Law make the legal process as stress-free as possible. We focus on recovering compensation for you – while you concentrate on your physical and emotional recovery.
If you or a loved one is injured or a victim of the negligence of others, please call my office at 312-346-8465 or contact us using the form below.