The workers’ compensation system was designed to provide certainty to injured workers in the event of a workplace injury. In exchange for certain benefits, the law does not allow a direct claim against the employer at common law. The unfortunate truth about Workers’ Compensation cases is that employees often find themselves pitted against the interests of employers. The insurance companies handling the claim have been hired by the employer; their goal is to deny or minimize claims to achieve cost savings, often at the expense of the injured worker.
While workers’ compensation law provides a legal recovery against employers for workplace injuries, injured workers may also have a personal injury claim against other parties who share responsibility for the accident, also known as “third parties.” defendants”. A “third party cause of action” means that if someone other than his employer is responsible for the accident that caused his injury, he can sue the third party in addition to filing a workers’ compensation claim. A third-party claim can be brought against the manufacturer of a product or the company that installed equipment, controlled a job site, maintained land, or caused a car accident.
Workers’ compensation is considered a no-fault system that allows injured or sick employees to receive lost wages and expenses without suing employers. Employee benefits include: 100% of your medical care is paid for, the right to choose the doctor of your choice, 2/3 of your salary or salaries are tax free while you recover from the accident up to Maximum Medical Improvement ( MMI) .
If you’re wondering, when should you report an injury? Report as soon as you realize you have an injury. It is impossible to underestimate the importance of notification when it comes to a work related injury. You want to be registered with your employer right away; your employer must ask you to fill out Form 45, the state form for Workers’ Compensation. Illinois allows 45 days to file a claim. Failure to do so may provide justification for a workers’ compensation insurer to deny benefits, even if the workplace injury is very serious. In addition to contacting your boss or benefits director (usually a human resources function), you should consult an attorney. Illinois Workers’ Compensation law is structured so that attorneys are not paid unless there is an agreement. It is in your best interest to consult an attorney immediately if you are injured and enter into an attorney representation agreement.
Don’t forget to document what caused the accident, as this is important for filing a claim. Provide your employer and attorney with the following information if the injury was the result of a specific accident: the names of all witnesses, a description of how, when, and where the accident and injury occurred, and any other information that will help resolve claim it
After the claim has been filed, it is assigned an arbitrator and a case number. During the status call, you can request a test or make other emergency requests. This bi-monthly review process may continue until your claim reaches the red line, which is approximately three years, at which time the Referee may dismiss the claim for non-prosecution if you are still not receiving treatment at that time.
The different types of injuries associated with workers’ compensation claims include:
Warehouse/Factory Worker Injuries
Healthcare worker injuries
Office worker injuries
Shipping/Trucking Worker Injuries
Airline Worker Injuries
Repetitive Traumatic Injuries
Third Party Causes of Action