10 Workers’ Compensation Tips

Did you get hurt on the job and have questions? Check out these 10 workers’ compensation tips for guidance, then call our Naperville lawyers.

Needing a Workers’ Comp Lawyer

10 Workers' Compensation TipsWe get a lot of calls from people out in Naperville about they were hurt. Maybe they don’t think the injury was as serious as they thought. Do they really need a lawyer? The answer is yes. We do believe that you need somebody trained to help you because these cases take odd twists and turns. It’s best to have somebody on your side all through the process to make sure that it goes well. If you have any questions about workers’ comp, please give us a call. Let us see if we can help you.

Choosing the Best Workers’ Compensation Lawyer

When you’re hurt on the job, there’s a lot of lawyers out there. It’s hard to know who to choose. We think you can’t go wrong by choosing somebody who’s been recommended to you by a friend, or a family member, somebody you trust. We’re lucky here that about 80 to 85 % of our clientele have been recommended to us by satisfied clients. If you’re hurt in the Naperville area and you need a quality workers’ compensation lawyer who you can trust to candor your case competently and thoughtfully, give us a call. Let us help you out.

Workers’ Comp Case Timeline

We get cases on a frequent basis of people asking us, “I got hurt in a workers’ comp injury out in Naperville. How long it’s going to take for the case to conclude?” The best answer we can give you is it’s going to take as long as it takes for you to get better, to reach maximum medical improvement, and for the doctor to release you from care. Once that happens, we can make sure that all of your bills are paid, all of the medical records are collected, and we have everything we need to start negotiating a good settlement on your case. If you have any questions about this aspect of workers’ comp or any other questions, please give us a call.

Eligible for Workers’ Comp Benefits

When a comp claim is initially denied or denied during the course of the medical treatment, we get calls a lot from people wondering is there any other way that they are entitled to benefits. The answer is yes; usually, there is. There may be more than one.

One of them is Social Security disability. Clients of mine who have had their workers’ compensation benefits interrupted and qualify, we help them proceed with their Social Security disability claim, which can provide substitute benefits until the workers’ compensation claim can get litigated and resolved in their favor. If this has happened to you or you’re fearful that it might happen soon, please call me. Let’s do something about it.

Eligible For Unemployment Insurance Benefits

We received a call the other day from a potential client out in Naperville who was in the middle of a workers’ compensation claim. He was receiving his temporary total disability benefits. From our conversation with him, it seemed like the amount was proper. He asked us if he could also apply for unemployment benefits concurrently.

The answer to that is no. When you’re receiving temporary disability pay, you’re ineligible for other forms of compensation except possibly Social Security disability, in which case, generally, the Social Security disability benefits will be offset in whole or in part by whatever you’re receiving under your TTD or temporary total disability payments. If you have a question regarding what your entitlements are when you’re receiving disability benefits, please give us a call and we can discuss it.

Injuries and Illnesses Covered By Workers’ Comp

We’re frequently called and asked questions about what kinds of cases and injuries are covered under the Work Comp Act in Illinois. We can tell you that it’s virtually unlimited. Illnesses that are obtained through exposures on the job are covered under the Occupational Disease Act. Virtually any injury that occurs that we can show that happened in the course of your employment and arose out of that employment, it’s going to be a compensable claim. If you have any questions about whether the injury you sustained is covered under our statute, give us a call. Let’s discuss it. We can help you.

Reporting Your Work Injury

We got a call the other day from a gentleman who was injured on the job out in the Naperville area. He wanted to know if he needed to report his accident. He had left work and hadn’t told anybody about it. Our statute requires that you do give notice. You have 45 days to give notice of an injury, but it’s silly to wait that long. You should give notice immediately and make sure that the claim continues properly from that point forward. If you have any questions about this or any other aspects of your comp claim, give us a call and let us help you.

Late Reporting a Work Injury

We get calls all the time from people out in Naperville area who ask us how long they have to report a claim. Our statute requires that you give notice to your employer about your claim within 45 days, including the day that it happened. It’s jurisdictional. That means that if you do not give notice of your injury within that time period to your employer, your claim is going to be denied. If you have any questions about when the timeframe is and how it runs, give us a call. Let’s make sure.

Employer Refuses To File an Accident Report

We got a call from a gentleman in Naperville last week who had been injured at work, had done everything properly. He had given notice of the accident to his immediate supervisor. He was attempting to get medical treatment. What he found out was that his employer had refused to file the claim and give notification to the carrier. That’s going to have a terrible effect on getting the benefits going in that case.

We’ve had to do this on numerous occasions. We’ve had to contact the carrier ourselves and self-report that claim on behalf of our client just to get the thing going. If you’re having difficulty in this situation where your employer is not cooperating with you and standing in the way of you getting your benefits, please give us a call. Let’s do something about it.

Seeing the Company Doctor

We got a call just this morning from a gentleman in Naperville, Illinois, who was notified that he was being sent to see a company doctor for what he was called – what was called an IME, an independent medical evaluation. He told us that he didn’t want to go. We informed him, unfortunately, that you do have to comply with that section. It’s Section 12 of the Workers’ Comp Act that allows the employer’s insurance company or their defense attorney to have you evaluated periodically.

The one difference is that they cannot dictate treatment to you. They can only evaluate you and do periodic exams when necessary. One of the things that we have to be watchful for is that they don’t abuse that Section 12 privilege. If you have a question about whether or not you’re required to see a company doctor or under what circumstances it’s required, please give us a call. Let’s discuss it.

Do you or a loved one have questions about a workers’ compensation claim about these 10 workers’ compensation tips? Contact our experienced workers’ compensation lawyers today for a free consultation and case evaluation.

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