Illinois work comp: Do you need a witness to your injury?
A reader asks:
I was hurt on the job when I tripped in a cooler. I landed on my knee. No one saw it because it was first thing in the a.m. and I was in the cooler. Workers' compensation said that they might deny my case because I don't have a witness. Should I be worried?
You should only be worried if you aren't being honest. An insurance company might jerk you around, but that's where we come in. Bottom line is that if you are a credible witness and your medical history reflects nothing other than getting hurt on the job, you will likely prevail.
What I mean by that is if there is evidence that you might have hurt yourself playing softball or that you had been complaining of knee pain before this, there is a case to be made against you. But if the only explanation is the one that you gave and you can credibly tell an Arbitrator that you felt fine before this all happened, there would not be much of a basis to deny your claim.
Of course your claim can be denied. I tell my clients not to worry about the actual denial, but rather worry about our ability to successfully win your case. If you are honest it usually works out.
We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our statewide network of attorneys. Contact us and we will answer your questions or find the right lawyer for your situation.
