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Common Mistakes When Filing a Worker’s Compensation Claim in Illinois

 Posted on October 16, 2020 in Workers' Compensation

IL accident lawyerAccidents occur on a frequent basis, whether they are vehicle collisions, slip-and-fall incidents, or workplace injuries. The injuries sustained can range from minor to serious and even fatal. According to the U.S. Bureau of Labor Statistics, approximately 5,250 people died from a work-related injury in the United States in 2018, up 2 percent from the 2017 total number of deaths. Even if a work injury does not prove fatal, it may result in multiple surgeries, rehabilitation, and long-term care. All of this can significantly impact an individual’s personal and professional life. Filing a workers’ compensation claim can alleviate some of the financial stress related to medical costs. An experienced attorney can assist you with the filing process to make sure you receive what you need and deserve to recover.

Illinois Workers’ Compensation Commission

In Illinois, most companies are required to carry workers’ compensation insurance in case their employees get hurt while on the job. Employers that knowingly and willfully fail to obtain insurance can face fines for noncompliance. Workers’ compensation is a no-fault system of benefits paid by employers to workers who experience work-related injuries or diseases. The Illinois Workers’ Compensation Commission resolves disputes between employees and employers related to work-related injuries or illnesses.

Below are a few examples of typical mistakes that someone may make when filing a workers’ compensation claim:

  • Failure to report the accident: Many employees may be afraid to upset their boss in fear of retaliation if they report an injury. However, if they wait too long, management may not believe them. That is why any injured workers should always tell their employer as soon as possible and put it in writing so there is an accurate record of the accident.
  • Refusal to seek medical treatment: Some injuries do not present symptoms immediately, so employees may feel a false sense of security that they were not actually hurt. However, many conditions can surface later, so it is best to see a physician right away to prevent long-term damage.
  • Not keeping accurate records: After suffering a workplace injury or illness, it is crucial to keep accurate and detailed records. This means documenting the time missed from work due to the condition as well as all expenses related to medical treatment.
  • Trying to file on your own: The law does not require injured workers to have an attorney file a workers’ compensation on their behalf. However, an attorney who is well-versed in workers’ comp laws can effectively manage the process, gathering appropriate evidence to prove the claim. They understand the complexities of the process and in the event that a claim is denied, they can assist with the appeals process.

Contact a Wheaton Workplace Injury Lawyer

Suffering an injury while on the job can be devastating physically, emotionally, and financially depending on the circumstances. The workers’ compensation process can be complicated and daunting all at the same time. Although you or your loved one may be hesitant to file a claim, you may be entitled to financial relief for your pain and suffering. The diligent and dedicated DuPage County workers’ compensation attorneys at The Law Offices of David W. Clark, P.C., have over 20 years of experience assisting employees in all kinds of industries recover the necessary compensation for their work injuries. To request a free consultation, call us today at 630-665-5678.



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