We represent Illinois residents who are victims of workplace accidents, ensuring they receive the compensation they deserve, and their benefits checks do not unexpectedly stop. With our experience and commitment, we stand ready to guide you through the complexities of the workers’ compensation system to receive the payment to which you are entitled by law.
In this Article
What Are Illinois Workers’ Compensation Benefits?
Workers’ compensation benefits in Illinois are designed to provide injured workers with financial support and medical care coverage. According to the Illinois Workers’ Compensation Commission, these workers compensation law benefits can be broadly categorized into four types:
Medical Benefits: Workers’ compensation insurance covers the cost of all necessary medical treatment related to the workplace injury, including doctor’s visits, hospital stays, surgeries, physical therapy, medicines, and more.
Temporary Total Disability (TTD) Benefits: If an employee is unable to work for a certain period due to injury, they can receive TTD benefits, which often equate to two-thirds of their average weekly wage.
Permanent Partial Disability (PPD) Benefits: If an injury results in permanent impairment or loss of function in a body part, PPD benefits can provide compensation.
Death Benefits: In the unfortunate event of a worker’s death due to a workplace accident, the worker’s dependents may be eligible for death benefits.
What Happens If My Employer Refuses My Worker’ Compensation Claim?
However, if an employer refuses to pay, the worker is not left without options. They can submit a claim with the Illinois Workers’ Compensation Commission. The IWCC is responsible for resolving disputes between employees and employers regarding workers’ compensation claims.
Common Types of Workplace Accidents in Oak Forest
Workplace accidents in Oak Forest, IL often fall into several categories. A large number of injuries stem from slips, trips, and falls, often due to wet floors, cluttered walkways, or inadequate lighting. Falling objects also pose a significant risk, particularly in warehouse or construction settings. Overexertion injuries, resulting from excessive lifting, pushing, or pulling, are also quite common. In addition, accidents involving machinery or equipment can lead to severe injuries. Lastly, repetitive strain injuries (RSIs), often developed over time due to repetitive motions or awkward postures, are a significant contributor to workplace accidents.
Common Injuries from Workplace Accidents in Oak Forest
Workplace accidents in Oak Forest often lead to various injuries, including:
Broken Bones: These injuries can result from falls or direct impacts.
Cuts and Lacerations: Frequently caused by the use of faulty equipment.
Back Injuries: Often stem from overexertion or lifting heavy objects.
Burns and Electric Shocks: Common in environments dealing with electricity or hazardous substances.
Head Injuries: These can be caused by falling objects and the long-term effects can be particularly severe.
Repetitive Strain Injuries: the pain felt in muscles, nerves and tendons caused by repetitive movement and overuse.
The Fatal Four in Construction
The Occupational Safety and Health Administration (OSHA) identifies four leading causes of fatal injuries in the construction industry, which are collectively known as the “Fatal Four.” These are:
Falls: This includes falls from heights, like scaffolding or roofs, as well as on the same level due to slips or trips.
Struck by Object: This refers to incidents where workers are hit by equipment, machinery, or other objects on the worksite.
Electrocutions: Workers can face this risk in environments where electrical systems are present or being installed.
Caught-in/between: This involves accidents where a worker is crushed, caught, or compressed between two or more objects.
Wrongful Death Claims in Workers’ Compensation
In tragic instances where a workplace accident results in death, the victim’s dependents may file a wrongful death claim. As per the Illinois Workers’ Compensation Act, this allows for compensation covering burial expenses, loss of consortium, and loss of employment and financial support.
What to Do After a Workplace Accident in Oak Forest
Report the Accident: Immediately after an accident, inform your employer; it records the event and starts compensation proceedings.
Seek Medical Care: No matter the perceived severity of your injuries, it’s essential to promptly get medical help; it aids in preventing complications and officially recording your injuries.
Document the Accident: Document the incident thoroughly, noting time, place, and circumstances. Obtain and keep a copy of the official accident report.
Consult an Attorney: Contact a workers’ comp lawyer quickly to help guide you through the claims process and ensure you get maximum compensation. Speak with an attorney BEFORE filing a claim or accepting a settlement from an insurance company.
File a Claim: Although the employee initiates the process, it’s actually the employer who officially files the workers’ compensation claim.
Do I Need a Lawyer for a Workers’ Comp Claim?
Having an attorney for your workers’ compensation claim is imperative. A personal injury lawyer possesses the knowledge and experience to negotiate with insurance companies, ensuring your medical bills and expenses are covered, and you receive benefits in a timely manner. Additionally, they can help prevent unexpected discontinuation of your payments.
Importantly, before accepting any settlement from an insurance company, it’s crucial to consult your personal injury attorney. Insurance companies and attorneys often propose lower settlements, and without legal help, you might undervalue your claim. An attorney can accurately evaluate your situation, ensuring you receive the compensation you deserve.
Holding Negligent Third-Parties Accountable
Workers’ compensation and negligent third-party lawsuits are distinct pathways following a workplace accident. The no-fault workers’ compensation system provides benefits regardless of fault, serving as a safety net for injured workers while shielding employers from prolonged, expensive cases. However, if an entity other than your employer is liable for your injury, such as a company producing faulty equipment, a negligence claim becomes relevant. These suits necessitate proving the third party’s negligence directly led to your personal injury, potentially leading to compensation beyond workers’ compensation benefits, including for pain and suffering. There are no caps on potential damages awarded for third-party negligence claims.
What Is My Case Worth?
Determining the value of a workers’ compensation claim depends on several factors. These include the nature and severity of the injury, the cost of medical treatment, lost wages or earnings due to time off work, and the extent of any permanent disability or impairment. Other considerations might be future medical expenses and the impact of the injury on the claimant’s ability to work in the future. Each case is unique, and an experienced workers’ compensation lawyer can provide a comprehensive assessment.
Contact Oak Forest Workers’ Compensation Lawyers Today
Don’t let workplace injuries disrupt your life. Start your recovery journey today by contacting a workers’ compensation attorney in the law offices of The Kryder Law Group, LLC Accident and Injury Lawyers for the professional help you need for the personal injury you have suffered.
Call for Your Free Consultation
In your free consultation, we’ll assess your case, answer all your questions, and strategize the best way forward, including determining if you are eligible for workers’ compensation benefits or a third-party lawsuit.
Worried about legal fees? Rest easy. The attorneys in our law offices operate on a contingency basis, which means you don’t pay us anything until we win your case. Act now and let us fight for the compensation you deserve.