Illinois law says that if you are injured while doing your job then you are entitled to certain benefits. You are entitled to these regardless of fault. So it doesn’t matter if you caused your injury by being careless or if your employer was negligent and caused your injury. Filing a claim is not like fighting a lawsuit. Here is an overview of what workers’ compensation should do for you.
Payment for medical bills. All medical costs that are reasonable and related to your work injury should be covered, 100%. These and other benefits are paid out by your employer’s insurance company in most cases. The majority of Illinois employers are required by law to have insurance to cover their workers in cases of job-related injury or death. You’ll likely be dealing with the insurance company if you have any questions or issues, rather than directly with your employer. Insurance companies aren’t always looking out for your best interests, so that is why it’s a good idea to have an experienced attorney on your side to have the conversations for you.
Payment for lost wages. If you are unable to work due to your injury, you should get Temporary Total Disability, which is payment for a portion of the wages you would be earning had you not been injured. The amount of these checks is based on 2/3 of your average weekly wage. If you are able to do some work, but for less pay, you should be able to get part of the difference in your wages covered by workers’ comp. If you have questions about how your TTD checks are calculated, let us know. Don’t trust that the insurance company or your employer got it right.
Payment for permanent disability. If you are left with a permanent disability, you should get a settlement or ongoing payments, depending on the situation. A permanent disability is often life altering and great care should be taken that you are getting fully compensated for the effect your injury will have on your future. Initial settlement offers are known for being low. It can be tempting to settle quickly, especially if you need the money, but you could be selling yourself short.
Job retraining. If you are unable to return to your old line of work, but you are able to work in another field or different position, you may be able to get job retraining services to help you make that change.
Death benefits. If work injury results in death, then death benefits are available to the workers’ spouse and minor children.
Although you may be entitled to these benefits under the law, it’s not always that easy. If you have trouble getting your claim approved, if you aren’t getting the benefits you are entitled to or if you are considering settling your claim, give us a call.
We are workers’ compensation attorneys who 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.