The United States federal government and all 50 states have established workers’ compensation programs and laws. Together, these state and federal regulations provide coverage to millions of American workers each year. Yet it is not always an easy process to navigate. If an employee is seeking to file a workers’ compensation claim for benefits they were previously denied, it would be wise to consult a skilled workers’ compensation attorney.
If you are suffering from severe work-related injuries and are struggling with the financial burden, you could have a potentially compensable claim through which you can receive benefits from your employer. To discuss your claim and the potential legal recourse you could take, speak to attorney lawyer with experience handling cases involving workers’ compensation benefits in Elgin.
Types of Workers’ Compensation Benefits
Many workers have jobs that expose them to dangerous situations or hazardous materials. Someone injured in this way could be eligible to receive the compensation benefits provided to workers as part of 820 Illinois Compiled Statutes 305. There are several types of workers’ comp benefits an employee could be paid for their injuries, which include:
- Medical benefits
- Temporary partial disability benefits
- Temporary total disability benefits
- Permanent partial disability benefits
- Permanent total disability benefits
- Vocational rehabilitation and maintenance benefits
If the illness or injury was fatal, then death benefits could be paid to the deceased worker’s surviving family members. An attorney could review the facts of a deceased worker’s case to help determine whether any surviving family members are eligible to receive workers’ compensation death benefits in Elgin. A lawyer could calculate not only the total amount to be paid also how frequently the payments would occur.
Qualifying for Workers’ Compensation Benefits in Illinois
Determining whether an injured employee is eligible to receive workers’ compensation benefits will vary depending on several factors. Ultimately, it is the Illinois Workers’ Compensation Act, Workers’ Occupational Diseases Act (820 ILCS 310), and Illinois Workers’ Compensation Commission (IWCC) that will dictate whether benefits will be available to that worker.
When filing a claim with the IWCC, the employee has the burden of proving that they are eligible for financial compensation by establishing each of the following:
- That they were an employee of the opposing party at the time of injury
- That their employer was subject to the Illinois Workers’ Compensation Act when the injury occurred
- That the accident in question arose out of, and in the course of, their employment
- That the work-related accident or exposure was the cause of their injuries or sickness
- That they adequately provided notice of the work-related accident to their employer in a timely manner
Proving each of the elements will qualify an employee in Elgin to receive at least partial workers’ compensation benefits. However, an employer may dispute other stipulations of the benefits that can impact how much an employee receives.
Learn About Your Workers’ Compensation Benefits in Elgin with Help from an Attorney
When an employee is harmed in a work-related accident, their livelihoods and economic situation can be negatively impacted as well. While the state’s workers’ compensation statute may be able to provide compensatory benefits to help them during recovery, thousands of claims continue to be denied every year due to lack of adequate representation when pursuing a claim.
If the occupational injuries you sustained have resulted in devastating financial losses, you could be eligible to receive financial relief by filing a workers’ comp claim against your employer. For assistance with obtaining workers’ compensation benefits in Elgin, reach out to an attorney as soon as possible.