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The
Illinois Workers' Compensation Act is a no fault law. Employees in
the state of Illinois give up the right (in most cases) to sue their
employers for negligence. In exchange, if an employee suffers an
injury that arises out of and in the course of his/her employment,
that employee likely can make a claim for workers' compensation benefits.
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Once
an injury occurs, an employee has 45 days from the date he or she
knows or should have known that it could be related to his or her
employment to report the injury to the employer. Please note that
this standard is interpreted very loosely. We do not recommend that
you give up your claim for benefits without having first consulted
with a lawyer.
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To
make a claim for a physical injury, an employee must show that his
or her employment contributed to the injury. The employment does
not have to be the sole cause or the major cause.
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In
a valid claim, an employee can expect the payment of reasonable and
necessary medical expenses, weekly payments while he/she can not
work and compensation for total or partial disability to a specific
body part or the body as a whole.
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Similar
injuries can yield different monetary results based on the medical
procedures that were performed, the average weekly wage of an employee
and the physical recovery that the employee makes.
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While
the employee can see a doctor of his or her choosing for treatment,
the employer also has the right to send the employee to a physician
of their choice for an exam.
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Generally
speaking, if an employee retains an attorney in a workers' compensation
claim, by law the attorney can not receive more than 20% of what
he/she recovers for his/her client. In most cases, our fee is limited
to whatever recovery we make for the permanent nature of your injury.
If we do not obtain a settlement or verdict, you do not owe us any
money.
**Please
note, all content on this website is for informational purposes only.
Nothing on this website should be considered to be a legal opinion.
If the reader desires a legal opinion, they should contact our office
or another attorney. In order for the Law Offices of Michael J. Helfand
L.L.C. to represent you, it requires a written agreement in which
you agree to retain us as your attorneys and we agree to represent
you as a client.
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