Being hurt at work can be incredibly upsetting, and it can also be costly for both you and your family. However, you can submit a workers’ compensation claim if you were hurt at work. Under Illinois state law’s workers’ compensation system, employees who sustain a work-related illness or injury are entitled to lost wages and medical expenses.
According to statistics, the majority of workers’ compensation cases, roughly 93%, end in the payment of benefits. But many employees who seek financial assistance through their employer’s workers’ compensation plan don’t receive fair compensation. The specifics of your case will ultimately determine whether you prevail in your workers’ compensation claim.
Here are steps you may take to increase your odds of winning a worker’s compensation claim.
What Does Winning Mean?
To fully “win” a workers’ compensation lawsuit or settlement, you must receive the entire sum that is owed to you. Obtaining sufficient compensation in a workers’ compensation lawsuit entails the following:
• Vocational Rehabilitation
• Medical Costs
• Loss of Income
The benefits vary from state to state, but payments usually equal two-thirds of your prior salary. How much and how long you will receive workers’ compensation benefits depends on the seriousness of your injuries or illness, whether you’re unable to work, how long that will last, and the stipulations in your state.
Temporary injuries are often less valuable than permanent ones. Conversely, you will receive more compensation if your injuries have rendered you fully handicapped. Death benefits are provided for workplace accidents resulting from a worker’s passing. Up to $8,000 in burial fees are included in the benefits. Your family or the people you care for may earn up to $500,000 under the Illinois workers’ compensation system.
Who is Eligible for a Workers’ Compensation Claim?
You have legal protection if you are wounded while working. The Illinois Constitution guarantees the right to workers’ compensation benefits. You do not need to demonstrate that another party was at fault to receive the benefits. The wounded worker is given the benefit of the doubt under the Illinois workers’ compensation system.
However, workers who are not considered to be employees, such as independent contractors and volunteers, are not covered by it. Other conditions that must hold true include the following:
• Your illness or injury must be related to your job.
• Your position must fall under the purview of workers’ compensation.
• Worker’s compensation insurance is required of your employer.
What Affects a Workers’ Compensation Case’s Chances of Success?
There are several crucial actions that you should take following a workplace injury to increase your likelihood of succeeding with a workers’ compensation claim. The following advice will help you improve your odds in general:
1. Report Your Injury Immediately
You must notify your direct supervisor immediately if you get hurt at work. Although you typically have 30 days to report an accident, it is best to do so as soon as possible. Don’t wait more than a few days to report your injury because, in some states, you won’t be eligible for your full benefits if you do.
Your employer’s workers’ compensation insurer may also have grounds to reject the claim if you fail to report the injury or delay for an extended period. They can contend that the report was submitted after the deadline and was against business policy. They might also contend that since the report was delayed, you were actually harmed off the job site and incorrectly claimed workers’ compensation.
Ensure that you put this in writing, perhaps in an email. Some employers also have particular guidelines for filing a workplace injury report, like a claim form. You will describe the occurrence in detail on the claim form before signing it. These specifics are the date, time, and location of the injury, along with a description of the scene and the damaged areas of the body. Including the names of any witnesses or fellow employees who witnessed the occurrence can be helpful.
2. Get the Medical Treatment You Need
No matter how serious the injuries, you should always seek medical attention. Workers’ compensation insurance providers use the lag time between the injury and the doctor’s appointment as evidence that the incident was not serious. They claim that you would have left immediately if the injuries were significant. A comprehensive medical examination may also reveal wounds you were unaware of.
Additionally, any medical report can be used as proof. By going to the doctor right away, the injury can be more reliably linked to an incident on the job site. Be sure to tell your doctor that your health issue is related to your job when you are obtaining treatment so that the situation is appropriately recorded in your medical records.
3. Collect Evidence and Document the Occurrence
A thorough timeline of events is required to create a solid case. Keeping thorough records can aid in the success of your workers’ compensation claim. They comprise:
• All dates and times, including when you reported the accident.
• The notification of your injury you sent to your employer.
• Medical expenses
• A list of the hours missed at work.
• A record of every phone conversation you had on the incident, including the caller’s name.
• Pictures and, if possible, statements from your coworkers.
4. Hire a Workers’ Compensation Attorney
Employing a knowledgeable workers’ compensation attorney from a reputed legal firm is probably the greatest approach to maximize your chances of receiving a reasonable settlement. Their legal counsel will also help you understand the damages you are entitled to and the arguments that insurers would make to prevent you from obtaining them.
Because of stringent deadlines, it is also not a good idea to handle workers’ compensation legislation alone. Lawyers will also know how to submit a claim under their state’s workers’ compensation laws.
Understanding the workers’ compensation system is crucial. You will only be able to acquire the proper benefits for your job injury if you are aware of the potential insurance plan benefits and your alternatives for pursuing them. Contact The Winning Network of Injury Professionals to get competent legal representation for your workers’ compensation claim.