How Can I Get Compensation for Medical and Other Costs from a Work Injury?

 Posted on March 19,2021 in Workers’ Compensation

While some professions are inherently more dangerous than others, the risk of injury at work exists for all employees. Some injuries are caused by a single traumatic event such as falling or being crushed by equipment. Others, such as repetitive motion injuries, occur slowly over time. If you were hurt at work, you may be left wondering how you will pay for medical expenses and other losses resulting from your injury. Workers’ compensation and/or a third-party claim may allow you to recover compensation.

Workers’ Compensation for Injured Employees in Illinois

In Illinois, employers with one or more employees must carry workers’ compensation insurance. This insurance reimburses an injured worker for the financial losses he or she suffers because of a work accident. Typically, two-thirds of an injured worker’s wages are recoverable through a workers’ compensation claim. Medical bills including emergency medical treatment, doctor’s appointments, surgery, and rehabilitative care are also covered under workers’ compensation. Although Illinois law mandates workers’ compensation insurance for exactly this purpose, injured workers can sometimes face obstacles getting the compensation they need. The insurer may offer much less than the worker actually needs to cover his or her expenses, miscalculate the worker’s income, or deny the claim altogether. A workers’ compensation lawyer can be a valuable source of advocacy in situations like these.

A Third-Party Claim May Secure Further Compensation

Workers’ compensation laws prevent employees from suing their employers. However, injured workers may still have the chance to file a personal injury lawsuit and collect damages. If the actions of another party such as a property owner, general contractor, or negligent driver caused the injury, the worker may bring a personal injury claim against that party. The worker may be able to secure compensation above and beyond workers’ compensation including his or her full lost wages. Unlike a workers’ compensation claim, a personal injury claim may also allow for the recovery of non-economic damages like physical pain, emotional and mental suffering, and disfigurement.

Workers’ compensation claims are no-fault. The employee does not have to demonstrate that his or her employer acted negligently to be covered under workers’ compensation. Personal injury claims are fault-based. The employee must demonstrate that the liable party’s carelessness, recklessness, or unlawful conduct caused his or her injuries to get compensation through a third-party claim.

Contact a Waukegan Workers’ Compensation Lawyer

If you were hurt at work, you may be entitled to compensation through workers’ compensation. You may also be able to bring a personal injury lawsuit against a negligent third party. For help filing a claim, appealing a workers’ compensation denial, and more, contact a Lake County workers’ compensation attorney at Salvi & Maher, L.L.C. Call 847-662-3303 for a free consultation.

Source:

https://www2.illinois.gov/sites/iwcc/Pages/default.aspx