Workers’ Compensation Q&A
1. What is Workers’ Compensation?
Workers’ compensation is the descriptive term used to refer to the various recoveries [temporary total disability, payment of medical bills, permanent disability, etc.] an injured employee can receive as a result of being injured on the job.
2. What should I do if I am injured on the job?
You should notify your employer immediately. You should go to your own doctor as soon as practical to receive treatment. You should contact an attorney of your choosing as soon as practical.
3. Do I have to complete any forms to file a claim?
You can notify your employer of the injury orally. Most employers will then ask you to fill out a form in regard to the injury.
4. What should I do if I receive any bills/correspondence related to the on-the-job injury?
If you have an attorney, you should immediately turn them over to that person. If you do not have an attorney, then turn them over to your employer or the employer’s insurance representative.
5. What are my responsibilities to my employer if I am unable to work because of an on-the-job injury?
You must keep your employer informed of your medical condition and provide to your employer the records from your doctor showing that you are unable to work.
6. I was hurt at work, but my claim has been denied. What can I do?
If you do not have a lawyer, then retain one as soon as practical so that lawyer can begin working on your case. If you are unable to work, some companies provide short-term disability benefits that you can apply for. If the employer is refusing to pay the medical expenses, you can apply to the insurance carrier that provides general medical coverage for payment of the bills, but always mark on any medical and insurance forms that it is a work-related injury. The Workers’ Compensation Act provides a procedure for a hearing to be had before an arbitrator to determine the company’s responsibility for the employee’s medical care and temporary total disability payments while the employee is unable to work.
7. What if a prescription is ordered by my doctor?
Prescriptions that are ordered by the treating physician are normally paid for by the employer or its insurance representative. In some cases the injured employee pays for the prescription and is reimbursed by the employer or its insurance representative.
8. When will I receive lost time benefits?
Injured employees are to receive temporary total disability payments of 66 2/3 percent of their salary after they have been off work for 3 days. Once the employee has been off work 7 consecutive days the employee is to be paid for the initial 3 days. The length of time before you receive these benefits depends upon how quickly your employer turns in the claim to its insurance carrier, or workers’ compensation department if the employer is self-insured.
9. Is there a time limit for filing my claim (statute of limitations)?
The employee must notify the employer within 45 days of sustaining an accidental injury. The employee must then have his claim for compensation on file with the IWCC within two years from the last payment of compensation or three years from the date of injury, whichever is later.
10. How can I obtain more information about filing a workers’ compensation claim?
Go to the Contact Us page and fill out the appropriate information. We will review your information and contact you about setting up an appointment.
11. If I get hurt at work, what do I have to prove to have a case?
Workers’ compensation cases are different from other injury cases. These claims are covered by the Illinois Workers’ Compensation Act and the Illinois Occupational Diseases Act. The employee must prove that he or she was injured on the job while in the course of their employment.
12. If my job causes carpal tunnel syndrome, can I still recover from my employer even though there was no actual accident?
Many carpal tunnel syndrome cases are the result of repetitive use rather than a specific injury. These injuries can be the basis for a workers’ compensation case.
13. If I’m hurt on the job do I have to treat with the company’s doctor?
You are entitled to treat with your own doctor for the injuries you received as a result of an on-the-job injury and your doctor can also refer you to other physicians. The company has the right to have you examined by the company doctor and to require you to attend independent medical examinations by doctors selected by the company.
You have an obligation to cooperate in the treatment prescribed and to make a reasonable effort to recover. If the employer has an established Preferred Provider Program (PPP) that has been approved by the Illinois Department of Insurance, then the employer can request that you pick a doctor from the PPP. You do not have to do that, but your refusal counts as you using one of the two chances you have to see physicians of your own choosing.
Contact our Peoria, Illinois Lawyers
Our attorneys handle cases for clients throughout the state of Illinois; however, our practice is based primarily in central Illinois including the cities of Peoria, Eureka, Champaign, Bloomington-Normal, Pekin, Springfield, Rock Island, and surrounding areas. Please contact Benassi & Benassi. We are committed to providing positive resolutions to our clients’ legal disputes so they can move on with their lives.