This is the next article in my series discussing the handles of workers’ compensation cases in our state. My last post discussed the differences between temporary and permanent disability in Illinois. It is important to understand that the determination of whether disability is permanent is based on one’s ability to return to their former job. The ability to return, however, does not need to be in an immediate time frame. An experienced attorney can help you to determine which type of disability you may be eligible for. In this article I will be discussing the process of filing a claim in our state. If you or a loved one have been injured in Illinois then contact my office to speak with a Peoria lawyer.
The immediate step to take after a workplace injury is to seek immediate medical care. This should happen immediately after the injury and not, for example, later after a shift has ended. If one does not realize that they are injured until later, while they are at home, then they should go to the hospital immediately. After obtaining care, the next step is to notify the employer of the incident. It is strongly suggested that the employer be informed of the injury as soon as possible. This can help to foreclose arguments claiming that the worker was not injured on the job. Your employer should also be provided with documentation from the medical provider which documents any work restrictions.
Once you have been treated for your injuries then it is also important to speak with an attorney as soon as possible. Your employer will have filed a claim with the Illinois Workers’ Compensation Commission. It is important to ensure that this claim is filed, even if the employer is making voluntary payments to the employee. The Commission will assign the case to an arbitrator. If the employer claims that the injury is not work-related then the matter will proceed to a hearing at which the arbitrator will consider the evidence. If there is no dispute over whether the injury is work-related then the matter will mostly be in a “holding pattern” while the worker treats their injuries. The arbitrator will be the ultimate decider as to the extent to which one will receive benefits.
There are a number of issues which can be disputed in a workers’ compensation case. Disagreements can arise as to whether the employee is injured, whether the injury occurred on the job, whether one will be able to return to work, and whether retraining is necessary. When making such decisions, the arbitrator will consider evidence such as medical information, how the injury occurred, the skills needed for the worker’s profession and more. The handling of such matters can often involve complicated issues of fact and law and no two cases are the same. It is important to retain an experienced attorney as soon as possible to ensure that your case is handled correctly.
If you or a family member have been injured on the job then it is strongly suggested that you obtain legal representation as soon as possible. I am a Peoria workers’ compensation lawyer who strives to provide the highest level of service. I handle matters involving both temporary disability and permanent disability. My office is founded on the idea that everyone deserves quality representation and that the rights of people should be placed above those of companies. Contact us online or by telephone today to schedule an initial consultation. We look forward to speaking with you. Our firm also serves clients in the Illinois cities of Bloomington, Eureka, Galesburg, Morton, Normal, Pekin, Springfield, and Washington.
