Illinois Workers' Compensation Cases Require Legal Help

Someone injured on the job in Illinois may need the services of a qualified attorney when they are having trouble receiving the benefits due.

The state's Workers' Compensation Act is considered a "no fault" system. This has both advantages and disadvantages, depending on the situation. According to the state guidelines, no one is assigned fault for the accident. The employee is compensated through the statute's parameters and is not eligible for additional monetary payment on pain and suffering sustained from the incident. Sometimes disagreements arise in a case. For example, the employer and employee may disagree about when or where the accident happened. This may make it difficult for the worker to be compensated.

In Illinois, work injury claims are not normally handled in court. Instead, they are addressed by the Illinois Workers' Compensation Commission. All claims must be filed within three years of the accident date or two years after the last compensation payment, whichever comes later. Under special circumstances, an injured worker may not be covered by the Act and can address any compensation problems in civil court.

An experienced Illinois Workers' Compensation attorney can help someone determine if they are receiving the proper benefits and whether the insurance company is fairly compensating them for the benefits due. A knowledgeable lawyer can also help to determine whether a person is eligible for permanent partial disability payments after medical treatment to injuries is finished. Some personal injury victims are eligible for job retraining when they are not able to return to their previous employment due to the work injury.

Injuries on the job can be caused by a number of reasons. It does not necessarily mean anyone did anything wrong, but this does happen. One reason a no fault system is in place is to ensure the person who was hurt is compensated, regardless of who or what caused the incident. This may include a failure to check equipment before using it or being in the path of machinery in an unsafe manner. Sometimes there is a question of whether an employee was considered on the job at the time of the accident, or maybe not "officially" working at the time. These are issues that should be straightforward in a case, but are often complicated by the rules and regulations set forth in the Illinois workers' Compensation Act. A competent workers' compensation lawyer will help make sure the employee receives proper representation and is treated fairly.

by: Christine Harrell

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