Employers carry workers’ compensation to cover employee injuries. If you were hurt while working, you may receive medical coverage and a portion of your wages. However, insurance companies can undervalue claims, deny injuries, or complicate the process of seeking compensation.
If you were injured on the job the Des Plaines workers’ compensation lawyers with The Kryder Law Group, LLC can help. Our seasoned personal injury attorneys offer free case evaluations.
Types of Compensation that May Apply to Your Case
If you were hurt in a workplace accident, you may be eligible for workers’ compensation benefits. The Illinois Workers’ Compensation Commission handbook outlines the benefits you can receive, including:
- Medical care
- Temporary total disability
- Temporary partial disability
- Vocational rehabilitation
- Permanent partial disability
- Permanent total disability
- Death benefits
Medical care provides any treatment you need to recover to the point that you can return to work. Workers’ compensation can cover the cost of doctor’s visits, imaging tests, prescription medication, and other expenses.
Compensation Depends on the Type of Disability You Have
Your potential compensation depends on the state of your disability. Total disability means you are completely unable to work at the same level as you did previously, while partial disability means you can perform some of the tasks you normally did. If you were permanently disabled by the accident, you could be eligible for job training or other benefits.
In the sad event you lose a loved one to a workplace accident, you could receive benefits on their behalf. That can include:
- Payment for medical bills
- Funeral expenses
- Burial costs
- Lost wages
To better understand what workers’ compensation benefits you qualify for, contact our attorneys.
What You Must do to Receive Your Benefits
Workers’ compensation involves a tradeoff from both employees and employers—you receive benefits in exchange for not suing your employer, even if negligence is involved. In addition, you must also uphold other requirements to receive benefits, such as:
- Notifying your employer
- Seeing approved doctors
- Attending all appointments
- Making an effort to recover
- Submitting necessary paperwork
The deadline for notifying your employer varies depending on your injury:
- Most injuries: within 45 days of the injury
- Radiological exposure: within 90 days of the injury
- Occupational diseases: When you become aware of the condition
Requirements for Medical Care
There may even be a cap on the number of doctor visits you can have. Likewise, the Illinois Workers’ Compensation handbook points out that you must receive care that is “reasonably necessary to cure or relieve the employee from the effects of the injury.”
This could lead to disputes between you and your employer or their insurance regarding what is necessary to cure or relieve your injury. Employers may also evaluate or challenge your care or treatments in an effort to avoid paying. If this happens, our workers’ compensation attorneys can fight for your benefits.
How We Handle Workers’ Compensation Cases
Even if you qualify for workers’ compensation, you may experience some hurdles in receiving benefits. We can help if you experience any of the following:
- Denial of your injury
- Underestimation of your injury’s severity
- Pressure to return to work too soon
- Dispute of treatment or care
- Difficulty receiving benefits
If you receive a denial of benefits, we can appeal your case and submit the necessary evidence to prove your work-related injuries and the losses that resulted.
We can jump in and help at any stage in Your Case
Because workers’ compensation has its own set of laws, you may feel overwhelmed if you attempt to handle your claim alone. You deserve to focus on recovering. You don’t have to deal with the complexity of workers’ compensation law alone. We can help with:
- Understanding legal terminology
- Protecting your rights
- Meeting important deadlines
- Arguing for your continued treatment
- Pursuing the correct benefits
- Gathering evidence of injuries
- Appealing decisions on your case
- Negotiating with your employer
Additionally, if you have any questions about workers’ compensation, you can our law firm any time to take advantage of our free consultation.
What Differentiates Workers’ Compensation from a Personal Injury Lawsuit
In some cases, your employer may say they are not responsible for your injuries, claiming someone else is at fault and should be held liable. In this scenario, we can help identify a possible third party whose negligent action led to your accident. Although you typically give up your right to sue your employer after a workplace accident, you still have the right to sue a third party.
Common negligent parties at workplaces include:
- Independent contractors
- Equipment manufacturers
- Designers
- Maintenance
- Drivers or cargo companies
If any of these parties prove responsible for your accident, we can pursue them for compensation, either through an insurance claim or a personal injury lawsuit. They may then be held liable for your damages.
Damages You can receive in a Personal Injury Lawsuit
Potential compensation from personal injury lawsuits differs from workers’ compensation. If you were injured by a third party, you may receive a recovery for:
- Hospital bills
- Doctor visits
- Prescription medication
- Medical equipment
- Rehabilitation
- Disability
- Disfigurement
- Lost wages
- Diminished earning capacity
- Changes to quality of life
- Loss of consortium
Unlike workers’ compensation claims, personal injury lawsuits allow you to pursue non-economic damages. This is compensation for the less quantifiable consequences of being injured. For instance, you may receive damages for pain and suffering.
If you aren’t sure who should be held responsible for your expenses, we can determine the liable party.
Deadlines for Filing a Personal Injury Lawsuit in Illinois
The statute of limitations for personal injury lawsuits is usually two years, according to 735 ILCS 5/13-202. If you fail to file by this deadline, you risk losing your right to pursue compensation through legal action.
Keep in mind that negotiations with insurers can take some time, so the sooner you start working on your case, the better. We can help you abide by any deadlines if you call us as soon as possible.
Seek Help from a Des Plaines Workers’ Compensation Attorney
The Kryder Law Group, LLC wants to hear about your workplace accident. One of our Des Plaines workers’ compensation lawyers can handle your claim from beginning to end. For a free, no-obligation consultation, call us today.
(312) 223-1700