subject: Filing for Workers Compensation Benefits [print this page] Filing for Workers Compensation Benefits Filing for Workers Compensation Benefits
Any injuries you sustain at the workplace may make you eligible for certain benefits under the Workers Compensation Act. However, if you have no idea about how to approach the matter, you risk losing these benefits. If you are unfortunate enough to face such a situation, you need to get in touch with a workers compensation attorney.
Here is a quick look at what you need to do immediately after you sustain injuries.
Report the incident to someone is supervisory capacity as soon as possible. You may provide this notification orally or in a written format. It is better to fill out an accident report form for this notification. Do not delay this; the Act gives you just a period of 45 days from the date of the accident to file this.
The next task is to file an Application for Adjustment Claim form and submit it to the Illinois Industrial Commission. The statute of limitations is strictly applicable in this regard. This limits your filing time to three years from the date of the incident or to two years from the date of the last payment of benefits.
You need to find a Chicago workers compensation attorney from the time you file for the benefits. Your employer, or the insurance carrier, is sure to have a legal advisor to negotiate the benefits and bring it down. If you retain a legal practitioner for your representation, you are on equal grounds with the other party.
Getting an attorney from the very beginning is also of help when it comes to negotiating the claim. Do not provide any statement (oral or written) to your employer or the insurance carrier until you consult an attorney. This could jeopardize your chances of getting the compensation commensurate to your injuries.
Does hiring an attorney essentially imply a lawsuit? No. The Workers Compensation Act does not provide the employee the right to file a case against the employer for an on-the-job injury. All your attorney does is to help place the right claim before the employer/insurance carrier the right way.
If the cost of retaining an attorney is deterring you from getting help, look for a legal advisor in Chicago who would work on a contingency basis. All you would need to pay up front are the costs for filing. You could pay your attorney after you get the benefits as per the provisions of the Act.
