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Is It Difficult to File for Workers’ Compensation?

Posted on in Workers' Compensation

Is It Difficult to File for Workers’ Compensation?There is no doubt that filing a workers’ compensation claim can be beneficial if you have been injured while working. Workers’ compensation benefits cover your healthcare expenses related to your injury and give you disability pay if you are forced to miss time from work or are limited in the work you can perform. However, you may also wonder how much work is required to file a claim. It is natural for a person to feel discouraged by the prospect of filling out application forms and arguing their claim in court. Most workers’ compensation claimants find that applying for benefits is well worth the effort they put into it.

Steps Leading Up to Filing

Whenever you suffer a work-related injury, you should prepare as if you will be filing a workers’ compensation claim in the future. This includes:

  • Seeking immediate medical attention to diagnose and treat your injuries
  • Notifying your employer within 45 days of your injury
  • Keeping track of the doctors you visit and healthcare expenses you incur

Receiving medical attention and keeping a record of your expenses are tasks that you would be doing regardless of whether you filed a workers’ compensation claim. Some workers may be worried about telling their employer about their workplace injury, but your employer is not allowed to retaliate against you for filing a claim.

Filing Process

In most cases, you have three years after you were first injured to file a workers’ compensation claim. Your application will explain how your injury is related to your work and the amount of compensation you need based on your medical expenses and the days you were forced to miss work. Your attorney can take care of filling out the paperwork and presenting the evidence you need to file a successful claim. After you file, your employer may choose to not contest your claim or to offer a settlement. In many cases, contesting a claim is not worth an employer’s time or legal expenses. It is only when an employer tries to deny a claim or disagrees on the terms of your claim that you will face a legal battle that may require you to prove your case in front of an arbitrator, the Illinois Workers’ Compensation Commission, or a court.

Contact a Crystal Lake, Illinois, Workers’ Compensation Attorney

No amount of work should discourage you from filing a workers’ compensation claim if you are in need of the benefits. A McHenry County workers’ compensation lawyer at Botto Gilbert Lancaster, PC, will try to make the process as painless as possible. To schedule a free consultation, call 815-338-3838.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2430&ChapterID=68

Illinois State Bar Association State Bar of Wisconsin Crystal Lake Chamber of Commerce Illinois Trial Lawyers Association McHenry County Bar Association
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