1. MYTH: Your job will be in jeopardy if you pursue workers’ compensation benefits.
Not only will your job not be affected by pursuing your right to workers’ compensation benefits, but Illinois law has put some muscle behind this concept. Under the law, you may have an additional claim against your employer if you are fired or demoted because of your workers’ compensation case. This would be called “illegal termination” and could cost the employer significant penalties. Even though in Illinois an employee can generally be fired for any reason or no reason at all, he/she cannot be fired for an illegal reason. Trying to interfere or retaliate against you because of your workers’ compensation case would be an illegal reason for termination.
2. MYTH: If your employer says you are an independent contractor, it must be true.
Employers sometimes classify workers as independent contractors to avoid workers’ compensation benefits. But you do not have to rely on what you are labeled by the company. If your job is set up so that you actually function as an employee, then regardless of what you are called you should be entitled to workers’ compensation benefits. The most significant factor is whether you or your employer is really controlling how and when you work. Look at whether you are able to decide the hours, location, and methods for getting the job done, or whether your employer is making those decisions. Also, whose equipment and materials are being used? How are you paid? Other factors go into figuring out your true status. But just because your employer calls you an independent contractor, does not mean you are not really an employee for workers’ compensation purposes.
3. MYTH: A prior injury or condition prevents you from receiving benefits for a later injury or worsening of your condition.
In Illinois, you can receive workers’ compensation benefits for a work-related injury, even if you had a prior history of the same problem or a pre-existing condition that made the injury worse. Workers’ compensation is not off-limits just because you are a worker that is older, weaker, or have been injured previously. As long as your job was a factor in your current injury– either as a cause or making your condition worse– then you may be allowed to recover benefits. So if you work in a warehouse and had a prior back injury that was being treated, and then re-injured yourself lifting boxes, you are not cut off from benefits just because of your prior condition.
4. MYTH: Break-time injuries are not covered by workers’ compensation.
This depends on what you were doing during that break. Not all beak-time injuries are covered under Illinois workers’ compensation, but many are. If your break involves an activity that is for your own personal comfort or health, then it might still be considered part of the job. After all, if you are taking care of your necessary, personal needs such as eating, going to the bathroom, warming up or cooling off, etc., then you are also serving the needs of your employer, because you couldn’t continue your job duties otherwise. However, if you did something unusual or risky or unexpected in taking care of your personal comfort needs and you were injured, you might not be covered under workers’ compensation for those injuries.
5. MYTH: Insurance companies can force you to have surgery that was recommended.
As long as you are making a good faith decision to refuse surgery, the insurance company cannot force you to have the surgery, or penalize you for your decision not to have it. Illinois law recognizes that some people have reasonable fears and beliefs about medical procedures like surgery, and allows the worker to refuse treatment without losing benefits. Even where there is a medical opinion that there could potentially be a negative health effect of refusing the procedure, if the decision is in good faith and reasonable, based on a fear or belief about the procedure, then the decision should be respected.
6. MYTH: Switching attorneys will cost you extra fees out of your pocket.
If your attorney is not hard at work fighting for you, it may be necessary to make a switch—but it will not cost you anything extra. Workers’ compensation lawyers are paid a contingency fee, which means that they are paid a percentage of what you get as a settlement or at trial. The percentage is 20%. The fee amount is set by Illinois law, and you do not have to pay more money if you have more than one attorney. The attorneys who have been involved in your case will work out among themselves what part of the total fee they get. But in no event will it cost you any more than it would if you only had one attorney. If you can, it may be best to try to work out your issues with your lawyer to avoid having to make the switch. But sometimes the change is necessary and unavoidable, and you may take that step to protect your case without suffering a financial loss.
7. MYTH: The accident was your fault, so you cannot get workers’ compensation benefits.
Not that we recommend violating a safety rule, or doing your job badly, but generally it won’t affect your right to workers’ compensation benefits if your conduct results in an accident. It is more important in Illinois, whether you were actually doing the job you were hired to do at the time of your injury. If you were performing your job duties at the time, you should still be covered. If, though, you were involved in an activity at work that was not allowed, or not part of your job, then that is a different story. Also, you cannot purposely do something dangerous, that you know is likely to cause an injury. But where you were attempting to benefit your employer through your job duties, but you broke company rules or performed your duties badly, you should still be able to recover for your injuries.
8. MYTH: If there was no single accident, but the injury developed gradually, you cannot have a workers’ compensation claim.
Injuries that are caused by repetitive movements while doing your job are just as much a part of Illinois workers’ compensation as a single-event accident. If you have to constantly reach, bend, twist, flex, etc. to perform your job tasks, then you can develop a repetitive trauma injury that would likely be covered. One such injury is carpal tunnel syndrome, which can be caused by constant computer use. Repetitive trauma can also occur in jobs that involve repeated and regular movements with heavy tools. Though these cases may be more challenging to prove and to pinpoint the start of the injury, they should, nonetheless, be covered by workers’ compensation.
9. MYTH: Accidents that happens before or after the work day are not covered.
Generally accidents that occur on your way to or from work are not covered under workers’ compensation. But there are exceptions, such as a fall in the parking lot going into or coming out of work. If the parking lot is wet or icy, or there is some other condition that causes a fall, it may be covered. What is relevant in these situations, is what control your employer has over the parking lot. Whether or not your employer owns the lot, if you are required to park there, and your employer takes care of the lot or pays someone else to do the maintenance, you have a good argument for the accident being covered by workers’ compensation.
10. MYTH: There is nothing you can do if your benefits are not being paid, but sit and wait.
If you have medical bills that are not being paid, you do not necessarily have to wait for a trial, without having the situation corrected. Illinois law has provided a way to get a decision by an arbitrator on an expedited basis. Your lawyer may be able to file a petition which requests an immediate hearing. The Arbitrator at the hearing is able to order the bills to be paid, or can authorize treatment, if either is warranted. In addition, the insurance company can be assessed penalties if there has been an unreasonable refusal or delay in paying the bills.
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.
