Workers’ compensation is a system that allows for certain benefits for workers who are injured on the job. While many workers are entitled to these benefits, and there are numerous scenarios where it could come into play, there is still some confusion about what or who this applies to. You could seek help in defining workers’ compensation in Elgin. A dependable workers’ compensation attorney could inform you of what your options are in acquiring benefits after your work-related injury.
Anytime that an employed person is injured on the job, and within the scope of their employment, that will likely allow them to file for workers’ compensation. There are a few instances where the nuances of the case prevent the injury from being a work comp case but they are rare.
The two most common situations that lead to an injury on the job are slip and falls and lifting heavy objects. They are also more likely to happen in workplaces that utilize heavy machinery, tools, and frequent movement. However, the definition for workers’ compensation in Elgin is broad and could include many types of injuries just from sitting at a desk.
The main differentiating factor that workers’ compensation has from other personal injury cases is that workers’ comp is statutory. This means that the benefits are specifically outlined. There are essentially three benefits that someone can receive: getting paid while unable to work; getting medical bills paid for; and a settlement for the permanent effects of an injury.
This differs from a personal injury lawsuit. Someone filing a lawsuit in this manner could get all of those benefits, as well as for certain other non-economic damages like pain and suffering, loss of consortium, and loss of normal life. This requires that the plaintiff and their lawyer prove negligence on behalf of the defendant. In most workers’ compensation cases, they must only prove that the person was injured while they were working.
The Workers’ Compensation Act is the basis for these benefits, and it covers all of Illinois, which has one of the most generous workers’ compensation benefit laws in the country. This is especially true compared to neighboring states like Indiana or Wisconsin. The law is more favorable to injured workers in Illinois. This benefits system is regulated publicly by the Illinois Workers’ Compensation Commission.
Federal employees are not covered under the Illinois Workers’ Compensation Act. They fall under a separate federal provision. This affects anyone who works for the federal government, including U.S. Postal Service workers. They cannot receive benefits through the Illinois Workers’ Compensation Commission and must instead seek compensation through the U.S. Department of Labor.
The law does not define workers’ comp in Elgin as being strictly private-owned or public-owned. Private entities hold insurance by paying premiums. When someone gets hurt or sick, the insurance company can step in and cover the expenses after their adjusters apply changes. Thus, the employer does not play much of a role when someone gets hurt, depending on what their policy stipulates.
Publicly funded workers’ compensation is available to a city entity like the Chicago Transit Authority. They are self-insured and do not hire outside insurance companies, managing their own workers’ compensation cases instead. While the Illinois Workers’ Compensation Commission is a public entity, no taxpayer dollars go towards paying benefits.
There are typically no special provisions laid out by the employers themselves. Workers’ compensation is a no-fault system, which means the worker is still entitled to the benefits even if the accident resulted from their own negligence.
Not every worker in Illinois is eligible for state-sanctioned workers’ compensation benefits and not every injury is covered under the system. Speak with an attorney to confirm if your specific incident fits the definition of workers’ compensation in Elgin. To preserve your right to file for benefits, reach out to the office right away so you do not miss the deadline.
Costa Ivone, LLC
N/a
English
Español