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crystal lake workers compensation lawyerNearly all employers in the state of Illinois are required to carry workers’ compensation insurance to help offset some of the costs of workers being injured. Workers’ compensation provides various benefits to employees when they are injured, including both temporary and permanent benefits for total- and partial-loss injuries. Benefits typically cover medical expenses related to the injury or death benefits if the injury resulted in the worker’s death. The amount of compensation an injured worker receives greatly depends on what the worker was earning at the time of the accident and the outcome of the injury. In this two-part series, we will help you understand how worker’s compensation is determined for injured workers.

Amount of Temporary Benefits

Being injured and unable to work can be an extremely frustrating position to be in. For many families, if a worker is injured, that could have a financial effect on the entire family. One of the first questions you likely have after being injured at work is, “How much will I receive in benefits?” The answer to that question depends on a variety of factors, like the nature of the injury, how severe it is, the effect the injury has on your ability to work and how much you are able to earn, and how much you earned before the accident.

Medical benefits - The Illinois Workers’ Compensation Handbook states that most medical services are subject to a fee schedule. This means that the employer pays either the actual cost of the medical provider’s charge, or the amount that has been determined on the fee schedule, whichever is less.

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Crystal Lake workers compensation attorney

Originally published: March 3, 2020

UPDATE: A year ago, the United States was in the middle of the worst part of the COVID-19 pandemic. Since then, the situation surrounding the coronavirus has been rapidly changing. Many places of business closed because of the pandemic, though there were individuals who still had to report to work because their jobs were deemed to provide essential services. This past June, Illinois Governor J.B. Pritzker signed a bill adding protections for essential workers to the Illinois Workers’ Occupational Diseases Act.

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McHenry County workers compensation attorneyNo matter the job, no matter the field, Illinois workers’ compensation exists to provide assistance to those who are injured at work. Nearly all employers in the state of Illinois are required to carry workers' compensation insurance, with minor exceptions. If you are hurt on the job, your employer is supposed to report your injury to the Workers’ Compensation Commission so your benefits can begin, though employers often attempt to deny workers’ compensation claims, even if they have merit. A workers’ compensation lawyer can help you claim your benefits if your employer does not want to cooperate.

Benefits Provided by Workers’ Compensation

To better ensure that you receive benefits in a timely manner, you must report your injury to your employer within 45 days of the accident or at the earliest time possible. The types of benefits you receive will depend on the extent of your injuries. Workers’ compensation benefits include:

  • Medical Expenses: If you are injured and you require medical care, your employer is responsible for paying for those expenses. Workers’ compensation medical benefits cover a variety of things, including emergency room visits, doctor’s visits, hospital stays, surgeries, chiropractic treatment, prescription medications, and even some medical devices.

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McHenry County workers' compensation lawyerPeople go to work to earn an income to support themselves and their families. No one should ever become injured while on the job, but it happens every day in Illinois. When it does, injured workers have the right to file a workers’ compensation claim that can help them recover their medical expenses and a portion of their lost income.

However, these claims have strict deadlines, and when those are not met, a person’s chances of obtaining compensation may be in jeopardy. Our workers’ compensation lawyers are here to help you through the process and ensure that your claim is filed properly and on time.

Deadlines for Notifying Your Employer

After being hurt on the job, you must notify your employer within 45 days of the accident that caused your injury. If you do not notify your employer within this time, you may forfeit the right to claim any compensation. When reporting the injury to your employer, you can tell them orally, but providing written notice is always best, as it can prove that you did meet this deadline. Sometimes, employers will dispute an employee’s claim, and they may use your lack of notice as a reason to deny you benefits, so it is important to have evidence of the notification.

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Crystal Lake IL workers' compensation attorneyRegardless of your profession, you deserve a reasonably safe workplace. While some jobs such as construction work involve inherent risks including working from great heights, many steps can be taken to mitigate the risk of worker injury. If you or a loved one was hurt on the job because your work environment was unsafe, make sure you educate yourself about your legal rights. You may be eligible for financial recovery through workers’ compensation and, if the injury was caused by a third party’s negligence, compensation through a personal injury claim.

Injured Workers Can Only Sue Their Employers in Very Limited Circumstances

The Illinois Workers’ Compensation Act requires employers to carry workers’ compensation insurance. The act protects injured workers’ right to receive compensation for medical bills and lost wages resulting from a work injury. Workers’ compensation is “no-fault,” which means that an injured worker is entitled to compensation regardless of whose fault the injury was. The Workers’ Compensation Act also protects employers from being sued by employees except in rare cases. Employees in Illinois can only sue their employer for an injury if:

  • The employer intentionally caused the injury by assaulting the employee or otherwise inflicting deliberate harm on him or her

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