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IL injury lawyerWhile every qualified worker is entitled to apply for workers’ compensation benefits after a workplace accident, receiving benefits can be a different story. There can be red tape from employers and insurance companies that prevent injured workers from receiving the benefits they rightfully deserve. While reporting a workplace injury and requesting benefits does not require an attorney, seeking legal counsel is in the best interest of any person who is hurt on the job.

What Is Workers’ Compensation?

A government program to assist workers if they are injured at work, workers’ compensation provides benefits to employees who cannot return to their job. Benefits include wage replacement and coverage for medical bills related to the injury. All employers in Illinois are required to have workers’ compensation insurance and refusing to comply results in fees and potential jail time.

If an employer agrees an injury occurred at work, or an injury was minor enough where minimal work was missed, then benefits will likely not be challenging to receive. Benefits for people injured long term, or who experience permanent defects, are especially important. Work accidents can prevent people from returning to their job or decrease their wage-earning potential. These kinds of injuries also have high medical bills, which should be covered by workers’ compensation too.

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IL disability lawyerA fall or mechanical accident will cause physical harm to a worker, but what happens when their psyche is affected instead? Many people have a mental illness and they go to work and function regularly, but when mental illness is caused by a work environment or circumstances, then their treatment may be covered by workers’ compensation. Treatment for mental illnesses can also go alongside treatment for a physical injury, as these issues may arise after trauma.

What is Workers’ Compensation?

When an employee is injured or becomes ill due to circumstances surrounding their job, their employer’s workers’ compensation insurance steps in to assist the worker. If the employee cannot return to their job, workers’ compensation provides replacement wages based on their current income and limits set by the state. If a person can eventually return to the workforce but their earning potential is affected, workers’ compensation will assist with the differences. Any medical treatment an employee requires because of a work-related injury will be financially covered, as long as the treatment is considered reasonable and medically proven to help an ailment.

When it comes to mental health and workers’ compensation, unfortunately being constantly stressed at work or being in a hostile work environment is not enough for benefits. A person may qualify for benefits if they are diagnosed with one or more of the following because of a work-related incident:

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IL injury lawyerWhen a serious injury or death occurs, holding the responsible party accountable is important. If a person slips at a grocery store or gets into a car accident, they may be able to file a personal injury lawsuit to financially compensate for medical bills and suffering. When an injury happens at work, or because of work conditions, however, employees cannot sue their employer. This is when workers’ compensation insurance comes in.

Workers’ compensation insurance is a requirement for most employers in Illinois no matter their revenue or company size. This insurance protects employees if they get hurt because of work, and offers benefits such as medical bills and lost wage coverage. For employers that do not have coverage, there is up to a $500 a day fine for each day of noncompliance - with a minimum penalty of $10,000. For employers that knowingly do not have insurance, the Workers’ Compensation Commission may issue a stop-work order until obtained coverage can be proven.

When an employee is injured, workers’ compensation steps in instead of a lawsuit. It protects both workers and employees this way. Workers are eligible for benefits to assist with care after an injury and employees can avoid a costly lawsuit. However, if an employee does not have the required workers’ compensation insurance, they can be sued if an employee is injured during a time of no coverage. Benefits paid by workers’ compensation insurance have certain limits, but if an employee is eligible to sue their employer for an injury, there are no limits with what they can ask for.

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IL injury lawyerAfter any serious accident is a time of uncertainty. Luckily after an accident that happened at work, there are protections to alleviate some of the anxiety a serious injury can cause. It is a person’s legal right to file for workers’ compensation after a work accident, and certain benefits will be available based on the severity of the injury.

With a personal injury case, such as a car accident, to receive compensation for damages a person must sue the other involved party. With a workers’ compensation laws, an employee cannot sue an employer for an injury obtained while on the job. Instead, the employee will file for workers’ compensation. All employers are required to have workers' compensation insurance if an employee gets hurt. Workers’ compensation provides benefits such as pay for missed wages and medical care after a workplace injury.

If a workplace injury can be taken care of with a basic first aid kit, then it will not qualify for workers’ compensation. Filing for workers’ compensation means that an employee cannot work for a short or long time due to an injury, or has been developed an occupational disease. When a worker cannot return to their job, their benefits are categorized by the following:

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