In Joliet, if an individual suffers injuries due to an accident that occurs while they were working, they may be eligible to receive workers’ compensation under the Illinois Workers’ Compensation Act. They can do this by filing a claim with the Illinois Workers’ Compensation Commission (IWCC) with help from a knowledgeable personal injury attorney. Workers’ compensation, commonly referred to as “workman’s comp,” is a term used to describe the benefits that a person receives to compensate for the serious occupational injuries they sustained in the course of employment.
To determine whether you are eligible for these benefits, and to ensure the timely filing of your workman’s comp claim, discuss your case with a Joliet workers’ compensation lawyer.
Pursuing a Workman’s Comp Claim in Joliet
In Joliet, when an employee suffers a severe occupational injury while on the job, they must promptly notify their employer of the incident, which is the first step to filing a workers’ compensation claim. If an employee believes that benefits must be paid, they may file a workers’ comp claim with the IWCC.
Filing a claim is not difficult, and most individuals could file it as a pro se petitioner – that is, representing themselves in a legal matter rather than obtaining the use of an attorney. However, in cases where an employee’s claim is in dispute, both employee and employer will typically retain legal representation to assist with mediation.
Settlement negotiations between the disputing parties occur during the mediation process. For an injured worker acting without a legal advisor, trying to go through mediation alone can be arduous, overwhelming, and risky. A local workers’ compensation attorney could help an injured employee avoid losing out on potential benefits by aggressively pursuing their claim for benefits.
Steps to Take if the Claim is Denied
After all the time and effort that someone invests in pursuing their workers’ compensation claim, it can be devastating when their employer denies their claim. Although having a workman’s comp claim denied can be disheartening, the worker might still be able to obtain benefits by filing a claim with the IWCC or appealing the decision to a higher court. Once a claim is filed with the IWCC, they assign a case number and arbitrator, and status calls are scheduled every three months for three years. This happens until the case is either resolved or dismissed by the arbitrator.
In cases where a workman’s comp claim is dismissed at trial by an arbitrator, the employee may file an appeal to have a panel of commissioners review the decision and the material that was presented at trial. If the employee wishes to appeal the commissioner panel’s decision, they may do so unless they are an employee of the state. To determine whether the dismissal or denial of their workers’ compensation claim is worth appealing, an injured employee should reach out to a Joliet attorney who deals in in workers’ compensation law.
Schedule a Consultation with a Joliet Workers’ Compensation Attorney
Although a worker injured in an occupational accident may file a workers’ compensation claim for benefits by themselves, it can be a complicated process to go through without an attorney to provide guidance. Those who are uncertain about what the process entails should seek out a legal professional.
Workers’ compensation claims are subject to timing and filing restrictions under Illinois law, so the sooner an employee injured in a work-related accident files their claim, the better the outcome of their case is likely to be. Do not delay – call to schedule a risk-free consultation today with a skilled Joliet workers’ compensation lawyer.