If you suffered from an injury while on the job, regardless of who was at fault, you may be eligible for workers’ compensation benefits. A workers’ compensation lawyer in Schaumburg with The Kryder Law Group, LLC can help you pursue these awards after a workplace injury.
Conditions for a Workers’ Compensation Claim
Not all injuries that occur at work qualify for workers’ compensation benefits. Here are some conditions you must meet to prove you have an on-the-job injury:
- Employment: You must be actively employed at the time you incur the injury.
- Workers’ compensation insurance: Illinois employers are required to carry workers’ compensation insurance. Employers who do not carry workers’ compensation insurance may face penalties.
- Work-related injury or illness: Most of the time, if your injury or illness happened at work, it is considered work-related. Injuries or illnesses sustained while traveling for work, driving a company vehicle, attending an off-site work event, and more can also be considered work-related. If you hurt yourself while on break, it may not be considered work-related.
- Report: Employees should report the injury, verbally or in writing, to their employer as soon as possible.
Deadlines for Reporting the Injury and Filing a Workers’ Compensation Claim
Here are some deadlines for specific injuries or illnesses:
- Employees must report workplace accidents within 45 days.
- Employees who have been exposed to excessive dosage of radiation must report it within 90 days.
- Employees who develop an occupational disease must report it as soon as they become aware of the condition.
Generally speaking, per 820 ILCS 310/1, employees must file a claim within three years from the date of the injury, death, or disablement or two years from the date of the last payment of TTD or a medical bill, whichever is later. There are some exceptions to these workers’ compensation deadlines, but you can leave it to your lawyer to further explain them to you.
What if You are at Fault for Your Injury or Illness?
Generally speaking, workers’ compensation benefits apply to workers even if they were at fault for their own accident or injury. In some cases, workers’ compensation benefits will be denied to workers who were breaking the law, purposefully breaking a workplace rule, or trying to hurt themselves or others. Speak with an attorney familiar with workers’ comp cases to discuss how to fight for damages even if you may have been at fault.
What are Workers’ Compensation Benefits?
Workers’ compensation benefits are financial benefits provided to an injured employee. In exchange, the employee agrees not to sue the employer. The Illinois Workers’ Compensation Commission describes workers’ compensation benefits in its Handbook on Workers’ Compensation and Occupational Diseases.
Here are the types of benefits that workers’ compensation provides:
- Medical care to cure or relieve the employee of the effects of the injury
- Temporary partial disability (TPD) benefits while the employee is working on light duty for less compensation while recovering for injuries that occurred on or after February 1, 2006
- Temporary total disability (TTD) benefits while the employee is out of work to recover from the injury
- Vocational rehabilitation/maintenance benefits for training in an approved program
- Permanent partial disability (PPD) benefits for employees who are permanently disabled or disfigured but can still work
- Permanent total disability (PTD) benefits for employees whose disabilities make them permanently unable to work
- Death benefits, including burial benefits and survivors’ benefits for the employees surviving spouse and/or children
Do You Need a Lawyer to File a Claim?
No, you are not required to hire a lawyer to file a workers’ compensation claim or seek benefits. However, you may feel more comfortable working with a lawyer who has experience handling these types of cases. Workers’ compensation cases can be complex, and you may not understand the full value of your claim on your own. In addition, our lawyers can represent your rights if your employer disputes your workers’ compensation claim.
Here are some of the ways one of our workers’ compensation lawyers serving Schaumburg can help:
- Assist you in reporting the injury or illness
- Help you file a workers’ compensation claim
- Keep track of the claim
- Estimate how much compensation you are entitled to
- Collect medical evidence to support your claim
- Collect other evidence to support your claim that the injury meets all required conditions
- Evaluate any settlement offers
- Represent you at any hearings or trials
What is an On-the-Job Injury?
In general, any injury or illness that occurs because of your work qualifies as an on-the-job injury. Qualifying conditions include those caused by one-time incidents, like a slip and fall accident at work or from repetitive activities like typing. Here are some examples of common types of on-the-job injuries:
- Accidental injuries such as broken bones, lost limbs, head injuries, and more that result from defective equipment, slips and falls, car accidents while working, and more
- Occupational illnesses are defined in 820 ILCS 310/1 to include diseases that employees were exposed to at work, such as asbestosis
- Hearing loss if the worksite is very noisy, such as a construction site
- Repetitive-use injuries or stress injuries such as carpal tunnel syndrome, back pain, and tendonitis
- Stress-related injuries such as physical and psychological conditions caused by work-related psychological stress
A Schaumburg Workers’ Compensation Attorney at The Kryder Law Group, LLC Can Represent You in a Case
If you sustained an injury while on the job, you may be entitled to workers’ compensation benefits for medical bills, lost wages, and more. A Schaumburg workers’ compensation lawyer with the Kryder Law Group is ready to represent you and assist you in obtaining your benefits.
Call our office today for a free case consultation. Because we work on contingency, you pay nothing unless we win your case.