Knowing what to do after a workplace injury in Naperville helps you receive the compensation and support you need. Two steps are to seek immediate medical attention and tell your employer about the injury as soon as you can. You generally need to report it within 45 days to stay eligible for workers’ compensation benefits. Other steps are to file a workers’ compensation claim and follow medical orders.
Dealing with workers’ compensation can get complicated quickly. Attorneys assist with gathering evidence, filing claims, and appealing any denials, among many other things. Call 630-412-4747 to discuss your case with us at Chute, O’Malley, Knobloch, and Turcy.
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Steps to Take After a Workplace Injury
Illinois has a workplace injury incidence rate of about 2.7 cases per 100 full-time workers. Work-related injuries take many forms, including falls from heights, burns, machinery accidents, and repetitive strain injuries. Employees in any type of job can get hurt.
No matter what kind of injury you suffer and how severe it is, following a few steps can protect your health and keep you eligible for workers’ compensation.
Seek Medical Attention Right Away
For injuries requiring urgent intervention, call 911 or go to the emergency room. In other cases, make an appointment with your employer’s health care provider or your own doctor. With repetitive strain injuries, which usually develop gradually, get medical attention when you notice symptoms developing.
Seeing a doctor as promptly as possible gives you several benefits. Early diagnosis and treatment can make for a better recovery, and you create a record of your injury to make clear the link between your employment and the injury. If you delay getting attention, other parties could argue that nonwork factors caused your injury.
Report the Injury to Your Employer
Illinois law gives workers 45 days to report work-related injuries to their employers. You can do this orally or in writing, but it is generally best to follow any steps your employer has for reporting. Typically, you submit a written report that details the incident and the injury. If you wait longer than 45 days, you might not qualify for workers’ compensation benefits.
Document What Happened and Your Treatment
Documentation can include photos of the accident scene, your work-related injuries, and conditions that led to the injury occurring. If witnesses saw or heard what happened, get their contact information. Also, document your medical treatment. This includes tracking dates of appointments and tests, diagnoses, and prescribed treatments or medications.
File a Workers’ Compensation Claim
After you let your employer know about the injury, your employer should give you a workers’ compensation claim form. Fill out the form and submit it to the Illinois Workers’ Compensation Commission to start the process of getting compensation for medical bills, lost wages, and disability.
Before you file this form, it can be helpful to talk with workers’ compensation lawyers. They work to preserve your rights and prove your case. They can represent you in hearings and maintain your eligibility for workers’ compensation.
For example, maybe more than 45 days have passed since the injury, and you have not filed. Legal help may be able to preserve your claim. Exceptions to the 45-day rule can include gradual injuries or occupational diseases such as asbestosis.
Reasonable excuses for non-timely reporting may apply, too. Employees who are mentally or physically incapacitated might not be able to report. Injuries that seem minor at first but that turn out to be more severe may qualify as exceptions.
Employer knowledge of the injury may also change things. If your supervisor witnessed the injury, that could mean more leniency in the 45-day requirement. There are several other exceptions, too.
Also, consulting with workers’ compensation lawyers can clarify if third parties might be involved or liable. Personal injury lawsuits could mean more compensation and support. Fortunately, personal injury lawyer fees come in the form of a percentage of what lawyers recover on their clients’ behalves. Clients typically do not make upfront payments to their lawyers.
For workers’ compensation, the fees usually work the same way. That said, always discuss fees and expectations with your lawyer before signing any agreements.
Follow Medical Orders
What to do after a workplace injury includes following your prescribed treatments to bolster your recovery and show that you take your injury seriously. This helps your workers’ compensation claim, as does attending all medical appointments.
What Are Your Rights as an Injured Worker in Illinois?
This is one of the more common workers’ compensation questions. Injured workers in Illinois have several rights, and being aware of them is an important part of protecting yourself.
Right to Medical Treatment
Employees in Naperville have the right to receive treatments such as medical visits, hospitalizations, surgeries, medications, and physical therapy for their work-related injuries. The employer or its insurance carrier has the responsibility of covering these expenses.
Right to Choose Your Doctor
You have the right to choose any health care provider in your employer’s network, or choose a provider outside the network if necessary. You also have the right to a second opinion if the initial diagnosis or treatment plan is unsatisfactory to you.
Right to Temporary Total Disability Benefits
Some work-related injuries prevent people from working for a certain period. They may have the right to receive Temporary Total Disability benefits. TTD benefits are typically two-thirds of an employee’s average weekly wage and go up to a maximum amount the law sets.
Right to Permanent Partial Disability Benefits
Some injuries permanently affect a person’s ability to work and may lead to Permanent Partial Disability benefits. The severity of the impairment and the body part impacted factor into PPD calculations.
Right to Vocational Rehabilitation
An injury may prevent an employee from going back to his or her job. Vocational rehabilitation services can help and often include retraining, education, and job placement assistance to ease the transition to a new line of work.
Right to File a Claim and Appeal
If your workers’ compensation claim is denied, or you disagree with the amount of benefits awarded, you have the right to appeal. Appealing includes a hearing before an arbitrator at the IWCC. You present evidence and arguments to show the validity of your claim.
Right to Protection From Retaliation
It is illegal for employers to fire or demote employees or reduce their hours or pay. Other retaliatory actions are illegal, too. If retaliation occurs, your lawyer can help. The Illinois Department of Labor takes complaints from employees, and legal action against the employer may be possible.
When Should You Return to Work After a Workplace Injury in Naperville?
A review of workers’ compensation tips should be part of what to do after a workplace injury. An often-overlooked one is to consider several factors when it might be time to return to work.
Talk with your workers’ compensation attorney before returning to work. Your attorney can make sure that your return does not jeopardize your benefits and can negotiate needed accommodations with your employer.
Medical Approval
Keep a close eye on your recovery as it progresses. Let your doctor know promptly about setbacks or unexpected pain or discomfort, because medical clearance is one of the variables governing whether you can return to work. Health care providers assess if you are physically able to perform your job duties and whether you need restrictions or accommodations.
If you disagree that you are able to return to work, options include seeking a second medical opinion or sharing your concerns with your doctor. Your workers’ compensation lawyer can help as well. Filing a dispute or undergoing an independent medical examination may be necessary.
Type of Injury
Some types of injuries heal quickly and permit a return to work within a few days or weeks. Other injuries may mean you are out of work for months, years, or permanently. Whatever your injury, avoid rushing a return to work. Doing this could worsen the injury or cause additional injuries.
Job Requirements
Depending on your injury and the demands of your job, you may need more time before returning. This can be common with work that involves lifting and standing for long periods. However, modified duties or a gradual return to work can ease the transition. Under the Americans with Disabilities Act, employers must provide reasonable accommodations to support a transition back to work.
Workplace injuries often cause physical, emotional and financial strain. Navigating the workers’ compensation process can be difficult, too. You don’t have to endure it alone. Contact us at Chute, O’Malley, Knobloch, and Turcy for legal assistance.