Illinois workers injured on the job are entitled to workers’ compensation benefits. However, your employer or its insurance company could deny your claim, or at least attempt to make it harder to obtain your full benefits.
Following a work-related injury you should take the following steps to make sure you are doing all that you can to protect your rights.
1. Report your injury to your employer right away. Illinois law requires workers to report their injuries within 45 days of an accident. But you shouldn’t wait if at all possible, because your employer or the insurance company could use any delay to argue that your injury didn’t happen on the job, or, if it did, that it’s not a serious injury.
2. Consult with a workers’ compensation attorney right away. The denial of most workers’ compensation claims are usually the result of something that happens within the first 72 hours after the workplace accident. An attorney can help guide you through the critical first stages of your claim. To protect your rights you should consult with a lawyer specializing in workers’ compensation law.
3. Obtain the name and contact information of the workers’ compensation insurance company. Your employer is required by Illinois law to post this information in a prominent area at your worksite. If it isn’t posted, ask for the information because you’ll need it when you need to communicate with the insurance carrier.
4. Seek medical care from your own doctor as soon as possible. Illinois law allows you to choose the physician(s) who will treat you for work-related injuries. You don’t have to be treated by a doctor chosen by your employer or the insurance company. Because delays can be used to undermine your claim for benefits, seek medical treatment as soon as possible. If you are hurt, act hurt. Don’t try to “tough it out.”
5. The “Three-C” rule: Describe your injuries Clearly, Carefully, and Consistently. It’s very important that you always give the same accurate and complete description of your injuries to all of your treating doctors. Insurance companies are always on the lookout for changing descriptions of accidents and injuries because inconsistencies can undermine credibility and believability. Inconsistent descriptions of your accident or injuries could derail your workers’ compensation benefits.
6. Update your employer and its insurance company regularly. You should periodically communicate with your employer and the insurance company about the status of your injuries and treatments. This will help to avoid any interruptions in obtaining your benefits.
7. Attend all scheduled medical appointments to prevent the premature termination of your benefits. Regularly skipping medical appointments could jeopardize your workers’ compensation benefits. The insurance company will likely use missed appointments to argue that your injuries are not serious or that you no longer need medical treatment.
8. Keep copies of all correspondence, check stubs and any other documents related to your workers’ compensation claim. It’s important to have complete records in the event your employer or its insurance company dispute or deny your claim.
9. Don’t give up if your claim is denied. Your employer and the insurance company don’t have the final word on the validity of your claim. You can contest a denial through the workers’ compensation system.
If you have been injured on the job, it’s important that you consult with an attorney to evaluate your legal rights. For answers to questions about your Illinois workers’ compensation benefits, contact our Illinois Workers’ Compensation Law Firm for a free consultation.
