I had a nice conversation with a really sweet nurse who was injured on the job. She’s worked over 20 years without ever filing a workers comp case. But now she hurt her wrist badly and had to file a claim. She told her boss how she hurt the wrist when a patient got violent. What the boss did next stunned her and led to her call.

He told her that it was unfortunate, but when she asked about workers comp, he told her she couldn’t do it and he wasn’t going to file a claim with their insurance. She called me wondering how to handle this.

First thing to know is this is insane and highly illegal. They can’t just choose not to file a claim.

Second thing to know is that you don’t need their permission to file a claim. You simply hire a lawyer (costs nothing) and we will file an Application For Adjustment Of Claim with the state of Illinois. That’s the official form you have to file to begin a case. We can even look up who your employer has for insurance and notify them of the case that way. Note, your employer is by law also supposed to post this information in a break room or other common area.

The third thing to know is that if your employer waits too long to report your accident, they might have their insurance coverage denied. That would affect you as there would be nobody to pay for your medical bills or time off of work. This nurse needs surgery and likely will be out for two months. The surgery is expensive and not one she should have to pay for herself. The owner could lose coverage permanently if they don’t report it. So you are protecting your interests and those of the company and others by filing a case.

Beyond all of this, it really is a huge red flag as to what type of employer you have if they try to pull this nonsense. Illinois workers compensation claims are not lawsuits. You are NOT suing the company. You are making a claim for benefits for being injured while doing a job that benefits your employer. It’s a right guaranteed by law and there is no acceptable reason for your employer to ever interfere with you exercising those rights.

The good news is that this type of thing doesn’t happen a lot. But it happens enough that it’s concerning and was worth writing about. Our goal with this blog is to educate Illinois workers so you can make good decisions as to what is best for you.

If you have any questions or want a free, confidential consultation with an attorney, please call us any time at 312-346-5578 for help anywhere in Illinois.