Trusted Legal Advocacy for Cook County – (847) 791-2294
The Illinois Workers' Compensation Act permits most workers and employees within the state to collect nontaxable monetary compensation while recovering or after suffering an injury at work, on-the-job, or while performing a work-related task. The process is meant to be simple enough for any worker to accomplish without delay or worry. Employers or insurance companies that are more concerned about bottom lines than employee wellbeing, however, might make an effort to complicate the process or ultimately eliminate the benefits the injured worker receives.
Ahmad Law Firm and our Chicago workers' compensation attorneys can step in and advocate on behalf of injured workers in the city, Cook County, and beyond. We are known for our tenacious and aggressive approach to criminal defense cases, and we bring the same amount of diligence and persistence when representing clients in workers' comp cases. You deserve every last penny of available workers' compensation coverage – let us be the team that supports you in your legal endeavor after your claim is rejected or delayed.
Learn more about workers' compensation by scheduling a free consultation with our lawyers.
Liability in Workers' Compensation Claims
After a workers' compensation claim is denied, it is understandable that many claimants think that they might not have been eligible for workers' compensation benefits due to their own liability in the workplace accident. This is a misunderstanding, though. A workers' compensation claim is not a personal injury claim, and liability is not considered a factor in the vast majority of cases. An employee can tell his or her employer directly that he or she was the only one present during the accident and that he or she is to blame and still be eligible for full workers' compensation benefits.
There are only a few reasons why a worker would not be able to collect workers' comp benefits:
- The worker is ineligible for workers' compensation due to employment classification; for example, independent contractors are often considered ineligible for workers' comp.
- The worker was not on-the-job or performing any job-related activity when injured.
- The worker was engaging in conduct that directly violated company policy when injured.
- The worker was carrying out a serious crime, such as assault or theft, when injured.
- The worker intentionally inflicted his or her own injuries.
- The worker started a physical conflict with another party while on-the-job and was injured.
For more information about workers' compensation eligibility, you can call our Chicago workers' comp attorneys at (847) 791-2294.
Typical Workers' Compensation Process
After a worker is injured during regular employment duties, he or she is expected to notify the employer or a supervisor as soon as possible. According to Illinois law, an employee who waits longer than 45 days to report an accident or injury might be denied workers' compensation benefits. There is some flexibility in this requirement. If the employer or supervisor should have reasonably known about the injury without being told directly about the incident from the injured worker, then it could be held in court later that the statute does not apply. For example, a supervisor should know if a worker falls off a ladder in the middle of the store in front of other employees and shoppers.
Injured workers should also be sent to an approved physician, sometimes chosen by the employer's insurance group, for a medical evaluation and necessary treatments. Employers are next expected to report the workplace accident to their insurance provider at the first possible opportunity. Medical reports and statements from the injured party will be filed with the report as well, assuming the injured party was capable of providing testimony after the accident.
The insurance company must then reply within a reasonable amount of time, such as a business week, and announce if the claim was denied or accepted. Denied claims can be appealed.
Get to Work on Your Workers' Compensation Claim Today
Are you concerned about some of the details of the Illinois workers' compensation process? Did you tell your employer about your accident but your claim was not taken seriously? Has your claim been denied without a valid explanation by an insurance company?
If you answered ‘yes' to any of these questions, Ahmad Law Firm and our Chicago workers' compensation attorneys can help you set things straight and decide what to do next. As you will see while working with our law firm, we are passionate about getting people the justice and financial reward they deserve.