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Woodstock, IL Worker's Compensation Attorneys

McHenry County workmans comp lawyer

Your Rights Under the Workers' Compensation Act

If you are injured on the job, you have certain rights under the law. The Illinois Workers' Compensation Act (820 ILCS 305) outlines the rights of injured workers. Knowing your rights is essential to obtaining proper compensation. At Botto Gilbert Lancaster, PC, Attorney Botto is well versed in workers' compensation rights and makes sure our clients receive the full compensation they are entitled to under the law.

Your Rights In Illinois

The law requires employers to carry workers' compensation insurance. If you are injured in the course of your job, your employer's workers' compensation insurance is meant to financially compensate you for your injuries. Unfortunately, workers' compensation insurers do not always voluntarily pay injured workers fully. Rather, they seek to minimize payouts and close workers' compensation claims as soon as possible. It is important to the injured worker to understand what the law allows so that you can maximize your benefits.

There are three main rights granted to injured workers under the Illinois Workers' Compensation Act. These include:

  1. Medical Bills – You are entitled to have all medical bills that are derived from your workplace injury covered by the workers' compensation insurance carrier. You are also entitled to consult with a doctor of your choice as well as to see doctors and physical therapists you were referred to for treatment.
  2. Temporary Total Disability (TTD) – You are entitled to temporary payments while you are unable to work and recovering from your injury. The basic calculation for these benefits is 2/3 of your gross average weekly wage (subject to minimums and maximums) tax free. This is also known as Temporary Total Disability or TTD.
  3. Permanent Partial Disability (PPD) - Once you reach maximum medical improvement, your doctor may release you back to work. If you are able to return to your job, then you may either proceed to trial before an arbitrator who will decide the degree of your disability and the amount of compensation that you are entitled to receive as a result of your injuries, or you may wish to negotiate a settlement with the worker's compensation insurance carrier, which is typically paid in a lump sum settlement. Insurance companies will frequently keep quiet about this right, hoping that the injured worker will return to work without requesting full compensation for his/her injuries.

If you are unable to return to work because of your injuries you may also be entitled to a lost wage differential or vocational training. Attorney Botto will explain the requirements of each of these benefits and which benefits you are entitled to because of your injuries. You cannot trust an insurance company to make sure you are fully compensated. That is our job.

If you have been injured on the job and want to know more about your rights under the Illinois Workers' Compensation Act, contact us to schedule a free consultation. We have flexible office hours at our Crystal Lake office, and we are available to come to you if you cannot travel. Attorney Botto has more than 20 years of experience with workers' compensation clients throughout McHenry, Cook, DeKalb, Boone, Kane, and Winnebago Counties.

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