Illinois Workers' Compensation Attorneys Blog

Many injured Illinois workers fear that they will lose their job if they exercise their right to bring a Workers' Compensation claim. However, this is far from the truth. Under the Illinois Workers' Compensation Act, it is unlawful for any employer or insurance company to interfere with, restrain, coerce, discharge, or threaten to discharge an employee in any manner because that employee decides to exercise his or her right to bring a claim. It is important to note that if you do feel that you fall into one or more of these categories, then you have the right to bring a second claim against your employer for wrongful termination. Due to this, employers feel compelled to obey the law and respect their employees' claims.

Once you have been injured, it is easy not to say anything to your boss because you are afraid of the consequences. In Illinois, you have 45 days to notify your boss of your injury. If you do not notify your boss within those 45 days, you could potentially lose your right to receive Workers' Compensation benefits. The fact is that the earlier you notify your boss, the less problems you will incur in the long run. It is, however, important to keep in mind that notice is different from filing a proper claim, and it is necessary to do both for a successful Workers' Compensation claim. While an experienced Workers' Compensation attorney can handle the process of filing a claim for you, it is up to you to notify your employer within the 45 day window.

In order for an Illinois Workers' Compensation claim to be filed properly, the statute of limitations requires it to be filed within three years of the date of the accident or within two years of the last payment of compensation. The statute will apply to the later of the time frame. The statute of limitations is a time frame for when a claim can be filed. If it is not filed within the time frame, then you may lose your right to the benefits you are entitled to. This is why it is important to retain prominent and competent Workers' Compensation attorneys to ensure that you have the ability to bring a successful claim without having to worry about getting fired. Peace of mind is what is most important. At Dworkin & Maciariello, we make sure that you have the ability to receive your benefits without worrying about losing your job. Here, we aggressively enforce the Workers' Compensation Act so that you are not fired from your job or are treated differently for trying to obtain benefits that you deserve. Our staff of Workers' Compensation attorneys have decades of experience in fighting for the maximum settlement amounts for our clients. Contact us today for a free consultation and case evaluation.

If your bills are not getting paid while you are off work or partially paid the Illinois Workers' Compensation Act can protect you. There is a lot to worry about when you are injured at work.  When will I be able to work again? Will I be able to work in the same capacity?  How will I provide for my family during this hard time?  How am I going to pay my medical bills?  How do I make sure my employer is held responsible and does what they are supposed to do?  The answer to at least one of these questions can be answered by contacting an attorney.

Your employer is required to pay your medical bills.  If medical bills are not paid, they may be sent to a collection agency.  If a collection agency is contacting you to recover payment, do not worry. The Illinois Workers Compensation Act has protections to stop bill collectors before your credit rating is affected or you are sued. The best way to make sure that is true, is to contact an attorney.  An attorney who is well-versed in workers' compensation law can file an emergency motion with the Workers' Compensation Commission to get your medical bills paid in a timely manner by your employer. 

You have the right to have your medical bills paid 100% in a workers' compensation case if the treatment is connected, reasonable and necessary. To make sure your employer is complying with the law, you should contact your Illinois Work Injury Attorney.  

If you are awarded Workers' Compensation Benefits, then your employer should pay for your medical bills. If you are being told differently, or are being expected to pay a portion of your bills, contact your Illinois Work Injury Attorney.

Not only should your medical bills be paid for, you have the right to choose up to two doctors of your choice. Plus, if those doctors refer you to other doctors, your employer must pay those expenses as well. Legally, your employer is responsible for:

-Emergency Services
-Physicians & Hospital stays
-Any additional medical care the worker is referred to

While employers are allowed to request an independent medical evaluation, the employer is responsible for payment of that exam.

If you are hurt at work, you have rights. You may be entitled to:

-Unemployment Compensation
-Social Security Benefits
-Disability Benefits
-Group Health Insurance Benefits

To be sure that your employer is following the law and that you are receiving all you are legally entitled to, please contact your Illinois Work Injury Attorney.

You have a right to Workers' Compensation if you are injured due to an activity at work. If you submit a claim for Workers' Compensation, you should not be treated negatively as an effect. This means if you request Workers' Compensation, because you have a legal right to it, you should not be discharged, or refused to be recalled or rehired as a result. In fact, if this happens to you, you can sue for damages.

A woman in St. Clair County is suing for punitive damages plus cost because she claims her former employer terminated her in retaliation for her claim for Workers' Compensation. During the summer of 2009, the woman was injured while at work and submitted a workers' compensation claim to seek benefits for medical treatment, temporary total disability and permanent partial disability. A week later, the woman was fired from her position. The woman is now alleging lost income and benefits, injury to her reputation and suffered mental anguish.

If this situation sounds like a situation similar to the one you are in, you should contact your Illinois Work Injury Attorney for help. If you are injured in connection with a work activity then you have a legal right to Workers' Compensation and should not be treated negatively as a result.

Source: http://www.madisonrecord.com/news/230070-drury-hotels-sued-by-worker-claiming-wrongful-termination

In an effort to cut costs, some employers are going to extremes by not reporting or underreporting workplace injuries to keep Illinois worker's compensation insurance costs down. A new report has found that many employers are not reporting injuries for fear of increasing their workers compensation insurance premiums. Additionally, many workers are not reporting job-related injuries for fear of being fired or disciplined.

The report found that more than half of health practitioners felt pressure from company officials to downplay injuries, and almost half reported being pressured to do so by the workers themselves.

It is an unfortunate reality that companies will take measures to cut costs at the expense of the well-being of their workers. Injured workers who do not know their rights may succomb to pressure from supervisors not to file a worker's compensation claim, of if they do, to downplay the seriousness of their injuries. These workers may be pressured not to get the treatment they really need for their injuries, or they may be pressured to return to work before they fully recover.

The insurance companies which handle workers compensation claims are also interested in keeping costs down, which is why the claims of workers who might have valid work-related injuries are often denied or the treatments recommended by their doctors are not approved.

Illinois workers have a right to compensation for the entire period of time during which a doctor has ordered that they remain off work as a result of their injuries under the Illinois Workers Compensation Act. Additionally, Illinois injured workers are entitled to compensation for their medical expenses, and for any permanent disability related to the work injury. The best way to protect these rights is to hire an attorney who will aggressively fight for the worker's benefits and maximize the worker's recovery.

Soft on Safety Human Resource Executive Online, December 8, 2009

Continue reading "Soft on Workers' Safety" »

Low-wage injured workers in Illinois are being pressured by their employers not to file for Illinois Workers Compensation benefits. A new study based on a survey of workers in New York, Los Angeles, and Chicago has revealed that only 8 percent of those who suffered serious injuries on the job filed for compensation through their employer's insurance to pay for medical care and missed work stemming from their work injuries.

Under the Illinois Workers Compensation Act, Illinois injured workers are entitled to compensation for the entire period of time during which a doctor has ordered that they remain off work as a result of their injuries. Additionally, Illinois workers are entitled to compensation for their medical expenses, and for any permanent disability related to the work injury.

The study found that one third of workers injured on the job paid medical bills out of their own pocket and 22 percent used their own health insurance. The study reveals that there is a widespread phenomenon across the low-wage labor market in Illinois and the United States as a whole. By discouraging injured workers in Illinois from applying for Illinois Worker's Compensation benefits, Illinois businesses are denying Illinois workers their rights under Illinois law.

Low-Wage Workers Are Often Cheated, Study Says, The New York Times, September 2, 2009.

Continue reading "Illinois Low-Wage Injured Workers are being Cheated." »