For many Illinois residents, an unexpected interruption in the receipt of their paycheck can be financially devastating. Unfortunately, accidents on the job site can cause injuries that prevent a person from working until they recover. Those suffering from serious injuries may never work again. If injured on the job and unable to work, employees are generally entitled to recover a portion of their lost wages through Illinois’ workers’ compensation program. Retaining a lawyer with experience in handling workers’ comp claims can help ensure that you receive the lost wage benefits to which you are entitled. Damon Young is a Peoria workplace injury attorney who has represented clients since 2003. He takes pride in the results he is able to obtain for his clients after an incident prevents them from returning to their job. Contact our office to schedule a free initial consultation.
Workers’ compensation lawyer helping Peoria residents to recoup lost wages
The Illinois Workers’ Compensation Act establishes the process for seeking payment of a portion of one’s lost wages after a workplace injury or illness. The law sets forth various levels of employee disability and formulas for calculating the amount of benefits that may be payable in each situation. This analysis is extremely fact-specific. Calculating benefits can become complicated depending upon the severity and nature of the injury, the length of time it takes the employee to recover and, if recovery is not possible, the ability of the employee to seek other forms of work in the future. Further complications may arise if the employer disputes the claim or believes the employee is “gaming the system.”
If an employee’s treating physician determines that they cannot return to work until they recover from their injury, they may be entitled to receive temporary total disability benefits (TTD). During such time, the worker would be entitled to two-thirds of their average weekly wages. The average weekly wage may be a fairly straightforward calculation for some and prove more difficult for others who are engaged in seasonal employment or who receive tips as part of their pay. Once the person is cleared to return to full employment, the TTD payments will cease. If the injured worker is able to work, but in a reduced capacity such as light-duty or part-time, they may be eligible to receive temporary partial disability benefits (TPD). Under this program, an employee would be entitled to two-thirds of the difference between their pre-injury average weekly wages and what they are earning during their recovery. If a person suffers a permanent partial or total disability, the statute provides for additional longer-term benefits to account for their inability to perform the same job or be employed in any capacity in the future.
In each of the cases described above, the process begins with the employee providing notice of the injury to their employer. Generally speaking, this must occur within forty-five days after the date of the injury. While there are certain exceptions to this rule, it is recommended that the employee notify their employer as soon as possible to expedite the payment of lost wages and other benefits. This is typically followed by the employee filing a claim for workers’ compensation through the Commission. If you will miss more than three days of work because of the injury, your employer may be required to pay TTD benefits. Payments should begin within fourteen days after the employer is notified of the injury, however, these payments are commonly delayed. If not paid on time, and without justification for the delay, the employer may be subject to penalties and be required to pay your legal fees. Promptly filing a claim can help ensure that the employer meets its obligations on a timely basis. It is, therefore, important to retain a lawyer who will ensure that these deadlines are met.
Damon Young is a Peoria workers’ compensation attorney who assists his clients in recouping their lost wages. He understands that unexpected injuries or occupational illnesses can create financial hardships for victims and their families. Losing wages, especially while incurring medical expenses related to the injury, can be extremely stressful. Once retained, Damon will take prompt action to request payment of your lost wages. Regardless of the type of injury sustained, he will work with your treating physician to understand which types of benefits you may be eligible to receive. He will quickly take the necessary steps to work with your employer, their insurance company, or through the workers’ compensation commission to preserve your rights and expedite payments to the fullest extent possible. We understand that this is a difficult time in your life. Contact us today for assistance.
Peoria attorney staying in regular communication with injured workers seeking lost wages
Few things are as stressful as suffering a workplace injury. Injured parties should be able to focus on recovering, but very often get bogged down fighting for their workers’ compensation benefits. Damon is an experienced attorney who represents injured workers seeking payment for their lost wages. He prides himself on providing regular updates to his clients through emails, phone calls, and in-person meetings. He promptly responds to client inquiries and concerns and he prioritizes customer service throughout his firm. If you need assistance following a workplace injury, contact our office today to speak to a lawyer.
In addition to Peoria, our attorney also serves clients in the Illinois cities of Bloomington, Eureka, Galesburg, Morton, Normal, Pekin, Springfield, and Washington.