What is the Workers’ Compensation Process in Illinois

 Posted on December 00, 0000 in Workers Comp

When it comes to work accidents, they are treated (differently) than an injury that occurred at another private property. If a person slips in a grocery store and breaks their leg, they may be able to sue the store for negligence. When an employee is injured, instead of filing a personal injury lawsuit against their employer, workers’ compensation kicks in instead. Whether a workplace accident is caused by an employee or employer, the employee is eligible for benefits and unable to sue the employer. They may, however, sue any third-parties associated with the injury occurrence.

What Benefits Does Workers’ Compensation Provide?

Workers’ compensation is meant to help employees if they are injured on the job and cannot return to work, and/or require medical treatment. Any eligible employee has the right to file for workers’ compensation benefits, but they will not be granted for injuries that a basic first aid kit can cover. Depending on how long the employee needs to restrain from work, and their working abilities after an accident, they will be provided with a replacement wage. For any medical treatment required to heal the injury or illness caused by work, it will be at no cost to the employee.

After an employee is severely injured, they should seek medical attention immediately. Otherwise, the first step is to inform their employer of the accident. Notification can be in person or writing and must include the date and location of the injury if applicable. It is the best practice to inform an employer as soon as possible, however, an employee has 45 days to report the injury from the day it occurred.

It is an employer's responsibility to inform their workers’ compensation insurance carrier after being notified of an injury. Workers’ compensation insurance is required by law for all employers no matter how large or small. If employers refuse to comply, then they can be reported and fined. They also must report the injury to the workers’ compensation commission. If an employee cannot return to work within three days, then temporary total disability must begin being paid out to the injured employee. If compensation for lost wages cannot be paid at this time, an employee must get a written reason why.

Contact an Orland Park Work Accident Attorney

When an employee is permanently or temporarily disabled due to work, then it is their right to receive support from their employer through workers’ compensation. If your employer refuses to provide benefits after an injury is presented, contact an experienced Orland Park work accident attorney today. Set up a free consultation by calling our office at 708-966-2408.

Source:

https://www2.illinois.gov/sites/iwcc/Documents/handbook.pdf