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You May Have To Fight For Worker's Compensation

By: Nick Messe

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Worker's compensation is a state-administered program which compensates employees for lost wages, medical expenses and rehabilitation costs incurred as a result of a workplace accident. If an employee is killed, his or her family can also recover benefits. Worker's compensation helps both employers and employees. A worker can recover damages regardless of whether or not he caused the accident and, in exchange, employers are usually immune from a lawsuit.

The Illinois Worker's Compensation Commission sets the rules and procedures for Illinois claims. Disputed claims are resolved by an arbitrator assigned by the Commission instead of a state court judge.
If you are injured at work, you must follow specific procedures in order to recover benefits. First, promptly inform your employer that you were injured at work.

Ideally, you should write down the date of the accident, a description of how it occurred, and your contact information. In most cases, if you don't notify your employer within forty-five days of the workplace accident, you will lose your opportunity to recover any benefits. The notice will protect your right to file a claim with the Commission.

Second, you must promptly seek medical treatment, and ensure that your doctor documents the nature and cause of your injuries. An employer is not required to pay benefits unless you have provided doctor's reports describing your injury and indicating when and if you can return to work. The employer may also hire its own doctor to examine you and confirm your doctor's reports.

If your employer does not agree to pay benefits, or disagrees with you concerning the extent of your injury, you must file a claim with the Commission in person or by mail. In most cases, your claim must be filed within three years from the date of the accident. After receiving your Application for Adjustment of Claim, the Commission will give you a claim number, and assign an arbitrator. Every two months, the Commission will check the status of the case. At that time, you can request a trial date. If you don't, the case is continued another two months until the next status conference. If the claim is not resolved within three years, the arbitrator may simply dismiss it.

To recover damages, you must prove to the arbitrator that you suffered an injury, and that the injury occurred at work. If you can't settle with your employer, both sides will present evidence to the assigned arbitrator at trial. If you prove your claim, the employer will be ordered to pay benefits. However, either party may file an appeal if they don't agree with the arbitrator's decision.

Although the above procedures seem straightforward, it can be quite difficult to navigate the worker's compensation system. Your employer will most likely hire an attorney who has access to medical experts who are trained to defeat your claim. It is always best to hire a skilled worker's compensation attorney who can help you find skilled physicians and protect your interests during the claims process.

Article Source: http://depositarticles.com/

If you are in the Chicago or Morris Illinois areas be sure to contact Fitzpatrick & Harrop, experienced Grundy County Personal Injury Lawyers for the best possible representation when you are injured. - www.fhlawfirm.com

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