Workers’ compensation has a longstanding tradition all across the globe. As far back as 2050 B.C., there has been recognition of the idea that work-related injuries should be compensated in some way. Although some practices have changed and become more challenging over the previous 4,000 years, the complexities of those laws are still the same.
In the beginning, the emphasis was more on safeguarding the company than it was on protecting the workers. However, U.S. legislation had a significant role in its development. As a result, the current workers’ compensation system took years to establish itself, with employee safety and employer protection becoming a priority above everything else.
A Brief History of Workers’ Compensation
Germany is credited for inventing the present workers’ compensation system in the United States. In 1884, Chancellor Otto von Bismarck of Germany signed the first modern workers’ compensation legislation, known as the Sickness and Accident Laws. The schemes were first implemented in the United States in the 1910s, marking a turning point in the country’s legal, political, and economic history.
In the early twentieth century, workers’ compensation schemes were broadly accepted throughout the nation, with just six states refusing to participate by 1921. Initially passed in 1911, Wisconsin was the first state to implement a complete workers’ compensation legislation, with Mississippi being the final state to do so in 1948.
DWC-1 Explained
DWC-1, also known as a DWC-1 form, stands for Division of Workers’ Compensation. Within one working day after becoming aware of a work-related accident or occupational sickness, you must complete this form and send it to your employer. Upon completing and submitting this form to your employer, the claim procedure will be initiated.
DWC (Division of Workers’ Compensation) is responsible for monitoring the administration of workers’ compensation claims and providing administrative and judicial services to aid in the resolution of disputes arising in connection with claims for workers’ compensation payments. It is strongly suggested that you seek the assistance of an attorney while filing your claim. If not, read the Illinois Workers’ Compensation Commission (IWCC) letter and follow the mentioned instructions.
To make a claim, you must do it within three years from the accident date or two years after the date of the last compensation payment you received. Suppose you were injured on January 1, 2019, and were getting compensation until it was discontinued on December 31, 2020. In that case, you have approximately two years from the date of your final payment to submit a claim against the insurance company. To be eligible, you must submit your claim before December 31, 2022.
Depending on the form, states have varying deadlines for reporting a workers’ compensation injury, ranging from 72 hours to two years. Most employers demand a report within 30 days of the incident to begin the workers’ compensation claims procedure.
| If you’re an employer reading this, please download (English and Spanish) and print the notices at a visible spot, such as the breakroom, lunchroom, or near the time clock. If you have a spacious workspace, make sure that the notifications are posted at each site. |
What to Do After Filling the DWC-1 Form?
Fill out the form and submit it to the Illinois Workers’ Compensation Commission and your employer. If you are involved in an accident, you must complete this form within five days. On the other hand, fatalities must be notified to the appropriate authorities within two days after the death. An employer is responsible for taking the following actions:
- The first step for an employer is to become aware of an injury as soon as possible and assist the employee is receiving the appropriate treatment.
- The next step is to describe what occurred and identify potential safety risks. This might entail taking notes on witness testimony and taking photographs.
- Once this is completed, file a workers’ compensation claim with their insurance carrier. Although the rules differ from state to state, they may be required to provide paperwork to the state workers’ compensation board.
Once submitted, the workers’ compensation insurance company will approve or deny a claim. Upon approval of the workers’ compensation claim, the insurance company will reimburse for any medical expenses incurred due to the injury. If the claim is denied, the injured worker may file an appeal and, if necessary, retain the services of an attorney.
How to Keep Track of Your Claim?
Following the submission of your application, the Commission will send a Notice of Hearing to both you and your employer. Your case will be automatically scheduled for a new status call after the first status calls every three months. You will not be notified of the following status call date. Therefore, you must keep track of the dates for subsequent status calls.
Checking the status of your case on the IWCC website will allow you to see when the status calls will take place. This will be the case for the first three years. After three years, your case must either go to trial or be dismissed unless you can prove why your case (now known as a red-line case) should be permitted to continue.
What an Attorney Will Do For You?
The workers’ compensation system may have been established to provide injured employees with timely and fair compensation. However, it seems to be working primarily to the advantage of employers and insurers these days. In addition, insurance firms have teams of highly qualified attorneys on their side to defend their claims. Hiring an experienced workers’ compensation attorney will go a long way toward turning the tide in your favor.
In addition to ensuring that all of the necessary forms and deadlines are met, an experienced attorney will know how to gather the evidence necessary to support your case, carefully negotiate with the insurance company, and write a settlement agreement to avoid unexpected repercussions from the accident. Furthermore, an attorney may help you prepare for and defend you in a hearing or trial.
Get Workers’ Compensation You Deserve with WIN Injury Network
If you have been injured on the job and are experiencing difficulty collecting benefits, contact a workers’ compensation attorney at WIN Injury Network. We provide free consultations, and you will not be charged anything in advance. Our attorneys will only be compensated if successful in recovering money on your behalf. Contact us today for a free case evaluation!