Illinois workers injured on the job have the legal right to obtain workers’ compensation benefits. Illinois is a no-fault system, which means you are entitled to coverage for medical expenses and lost wages regardless of who caused your work-related injuries. You obtain these benefits exclusively through the workers’ compensation system.
Despite this straightforward legal process, some employers and insurance companies that provide coverage for workplace injuries still throw up roadblocks to recovery. Employers do this primarily to avoid insurance premium increases, and carriers are motivated to avoid payments so they can increase their profits.
If you have been injured on the job, you need to be aware of the potential tactics that could be used to block or limit your benefits. Generally speaking, employers and carriers can deny, delay, and defend against your claim for benefits.
Specific roadblocks you might face include:
1. Pressure tactics. Even if your employer insists that your injury is not disabling or related to work, you should still file a claim for workers’ compensation benefits immediately after you are injured. You should let the system play out. But only you can trigger the process by reporting the injury to your employer and filing a claim.
2. Denial. After you have filed a workers’ compensation claim, your employer and possibly its insurance carrier might deny that you were hurt on the job. This is a question the workers’ compensation system is designed to resolve. Don’t be intimidated. Important steps for you to take include: obtaining a copy of your workers’ compensation claim at the time you file it; keeping all medical records related to your treatments for the work-related injuries; and always providing truthful, thorough and consistent descriptions of your work-related injuries and their effect on your health. Consulting with an experienced attorney will help you to know your rights and to take whatever steps are necessary to protect them.
3. Demanding that you undergo an independent medical examination. Employers have the right to request that you be seen by a medical doctor. These examinations are meant to assess your injuries. While you should cooperate and attend the examination, under Illinois law you have the right to seek treatment from any physician of your choosing. Don’t be misled into believing you can only be treated by a medical care provider chosen by your employer.
4. Insisting that you submit a detailed recorded statement to an insurance adjuster. Employers who do this are probably looking to use your recorded statement as a way to possibly contradict you at a later time in an attempt to undercut your credibility. Don’t provide a statement until you consult with an attorney. Under Illinois law, your employer can ask questions and make you file a written report, but it cannot force you to give a recorded statement.
5. Telling you to use your health insurance. Your employer may try to steer you toward using your personal health insurance knowing you could say your injuries are not related to work. Do not use your health insurance. File a workers’ compensation claim instead. Under Illinois law, your employer or its insurance company is required to provide you with reasonable and necessary medical care to treat your injuries and to pay for necessary rehabilitation.
6. Lying about when to report a workplace injury. As a general rule, in Illinois you have 45 days from the date of the accident to report a workplace injury to your employer in order to preserve your right to collect workers’ compensation benefits. After you report your injury, you generally have up to three years from the date of the accident to file a workers’ compensation claim.
7. Threatening to fire you. Terminating or threatening to terminate a worker who seeks workers’ compensation is against the law. If you face this, consult with an attorney immediately.
8. Objecting to every payment. Some employers and their insurance carriers resort to a strategy of wearing you down in the hope that you give up on your rights. They may refuse reasonable treatments, file paperwork to end treatments, or argue about every treatment. Don’t give in. Consulting with an attorney can help you combat these hard-ball tactics.
If you have been injured on the job and are facing roadblocks thrown up by your employer or its insurance company, it’s important that you consult with an attorney to assess your legal rights. For answers to questions about your Illinois workers’ compensation benefits, contact our Illinois Workers’ Compensation Law Firm for a free consultation.
