An injury while on the job might leave you unable to work, faced with medical costs, and more. When work-related accidents are the cause of your injuries, the state workers’ compensation system is supposed to provide you with the payments necessary to recover. It can even compensate family members of those in fatal accidents while performing their jobs.
Too often, a company will try to get out of paying to save themselves money. However, with an experienced South Elgin workers’ compensation lawyer by your side, you can fight for what you are owed. An experienced injury attorney can help you seek compensation, negotiate with insurance companies, and much more.
What to Do After a Work Accident in South Elgin
The Illinois Workers’ Compensation Act is set forth under 820 Illinois Compiled Statutes §305. The Act sets forth requirements for both employers and employees.
Immediately after an accident, the employee should seek the appropriate medical attention needed to resolve the issue. Further, the worker must report the incident to their employer within 45 days of the accident. Failure to report this in time can very likely result in a barred recovery—meaning no compensation would be available to the plaintiff.
This report must typically go to a supervisor, and it should usually be through some type of written notice. While oral notices are permitted, they do not adequately document the plaintiff’s case in situations where the employer tries to avoid liability under the workers’ comp system. One way to avoid potential issues is to hire a knowledgeable attorney in South Elgin who can file the appropriate documentation on the plaintiff’s behalf and show the employer the validity of the workers’ compensation claim.
Potential Recovery in Workers’ Comp Claims
Monetary compensation may be appropriate when the workers’ compensation claim is properly proven. These types of claims are based on a no-fault system. It does not matter whether the employer caused the harm or if the plaintiff did it to themselves by accident. In either case, the workers’ comp system is designed to compensate the injured worker for what happens while on the job. Compensation can help pay for many of the costs associated with a work injury. These may include:
- Lost earnings
- Medical costs and expenses
- Vocational rehabilitation costs
- Permanent total disability benefits
- Permanent partial disability benefits
- Death benefits
The specific types of damages available will ultimately depend on the plaintiff’s particular situation. Every workers’ comp case is different and requires an in-depth analysis by a skilled lawyer in South Elgin.
Handling Third-Party Work Injury Claims
When a work incident is caused by a third party rather than the employee or the employer, pursuit of compensation may happen outside of the traditional workers’ compensation system. This is referred to as a third-party claim, and it utilizes traditional personal injury law for individuals seeking compensation.
Many cases involve a combination of employee compensation and third-party claim litigation, so it is important to have a local attorney well-versed in both.
Reach out to a Workers’ Compensation Attorney in South Elgin
Workers’ compensation claims are often very complicated but can be well-handled with the right legal assistance on your side. Your injuries likely deserve compensation from your employer or a third-party claim, but the facts of your case need to be carefully considered to know the right path forward.
Contact an experienced South Elgin workers’ compensation lawyer today to get the assistance you require.