This is the next article in my discussion on the handling of workers’ compensation cases in Peoria and other parts of Illinois. My last post provided an overview of topics which this series will be addressing. It also discussed the need to contact an attorney as soon as possible if you or a loved one have been injured on the job. It is important that you contact counsel sooner, and not later, as you have a limited amount of time in which you can make a claim. Waiting too long can result in one forfeiting their right to compensation. This article will continue that discussion by explaining when one may file a workers’ comp claim. If you or a loved one need assistance then contact my office today to speak with a lawyer.
Illinois workers may file an injury claim when they have been hurt on the job or have developed an illness over time
Employees may file an Illinois workers’ compensation claim if they are injured in the course of their employment. This means that one may seek compensation as long as they were acting within the scope of their employment and, as a result of that activity, harm occurred. Obvious examples of this include things such as an accident on a construction site during work hours, a restaurant worker slipping in the kitchen, and more. Other examples can include someone who falls on a third-party’s premises if they are at that premises for the purposes of their employment. An example of this would be a repairman injuring himself due to a dangerous condition on the property he is visiting. An injury which occurs “on the job” but is due to the employee engaging in non-work related activities, can lead to a dispute over whether or not benefits should be paid.
An employee may also seek benefits if they develop an illness over the course of time due to their employment. This can arise when one is exposed to hazardous chemicals, materials, or other environmental factors. Once it becomes known that one has developed the illness then they may report the situation to their employer and begin the claims process. Work-related illnesses are more likely to be disputed by the employer than are other injuries. This is due to the fact that a) the causal link between the illness and the employment may not be as obvious and b) the employer may face much greater liability. The risk for greater liability stems from the fact that if one employee has developed an illness due to a hazardous condition, then it is likely many other employees have as well.
Peoria employees should avoid taking payments directly from their employer
It is not uncommon for an employer to offer to compensate the employee directly in exchange for the worker foregoing a formal compensation claim. Unfortunately, workers sometimes accept these payments and wait to make the claim. The good news is that an employee will typically have up to two years to bring a claim and accepting payments does not prohibit one from doing so; an employer is not able to have an employee waive their rights. It is important to understand, however, that waiting to file a claim can delay the overall process. Taking action, as soon as possible, is often in an employee’s best interest.
An important step after a workplace injury is to contact an attorney as soon as possible. I am a Peoria workers’ compensation lawyer who believes in standing up for the rights of people over those of companies. I understand that this is a serious time in your life and my firm will give your case the attention it deserves. Contact us online or by telephone today to schedule an initial consultation. My firm also serves clients in the Illinois cities of Bloomington, Eureka, Galesburg, Morton, Normal, Pekin, Springfield, and Washington.
