Thousands of people are injured every day at work in Chicago, and while many workplace accidents result in minor injuries, some are much more serious. Workers can be left with serious injuries, such as broken bones, disfigurement, and even paralysis. On top of that, they may be left unable to work and therefore unable to pay the high medical bills and treatment expenses that accrue due to the injury.
It was for this reason that workers’ compensation was created. Workers’ compensation is insurance that provides workplace accident victims with the benefits they need to cover their medical bills and any other expenses they may face due to their injury. However, dealing with insurance companies is not easy, and not everyone who applies for workers’ compensation receives it.
If you are injured at work and are having trouble receiving workers’ compensation benefits, you should speak with a Chicago workers’ compensation attorney as soon as possible. A personal injury lawyer could quickly become familiar with the details of the case and represent you from start to finish, working hard to help you obtain the benefits to which you are entitled. In English .
Employer Rights and Responsibilities
Most employers in Chicago are required to carry workers’ compensation insurance. If they fail to do so, they may face criminal penalties and be personally liable in a civil lawsuit if a workplace injury occurs.
While employers have the responsibility to carry this insurance, they also have the right to determine which health care providers injured workers should see after their accident. Seeing another healthcare provider could void any claim an injured worker has.
Workers’ Compensation Claims Versus Personal Injury Claims
Unlike personal injury claims, no person is responsible for paying compensation in a workers’ compensation claim. The insurance company pays all benefits regardless of whether the employer was negligent or not. It also does not matter whether the employee contributed to the accident that caused his injuries.
Workers’ compensation is a no-fault program, meaning injured parties only need to prove that the accident occurred during the course of their normal work duties. However, this element may be the most difficult to prove, depending on how hard an injured worker’s insurance company or employer tries to dispute this fact. A Chicago workers’ compensation attorney could help injured workers prove that their injury occurred within the scope of their employment.
Another big difference between personal injury claims and workers’ compensation claims is that certain types of compensation may not be available through the latter. Pain and suffering, including emotional trauma, cannot be sought in a workers’ compensation claim. workers compensation. Additionally, because workers’ compensation is considered no-fault, punitive damages (or damages intended to punish the at-fault person) are also not available.
When Claims Are Denied
Many workers’ compensation claims are denied after an injured worker first applies, and many workers think this means they are ineligible to receive benefits. However, this is not always the case.
While it is advisable for all injured workers to speak with a Chicago workers’ compensation attorney immediately, it may be after being denied that such an attorney could be of great help. A qualified attorney could help injured workers file an appeal with the insurance company and represent them if they need to meet with an arbitrator.
Working with a Chicago Workers’ Compensation Lawyer
If you need to file for workers’ compensation or have been denied benefits, speak to a Chicago workers’ compensation attorney right away. These cases are very complex and each step of the process must be done correctly to ensure a positive resolution. An attorney can help you throughout the claims process, so you can improve your chances of getting the benefits you need.