Do I have to sue my employer for workers’ compensation benefits?
Workers’ compensation is designed to be a no-fault system that provides compensation to injured employees, but the agreement also prohibits employees from filing lawsuits against their employers. The only situation in which a person will be able to sue an employer is if the employer intended to cause an employee’s injuries or was grossly negligent.
When you file for workers’ compensation benefits, you will have to deal with your employer’s workers’ compensation insurance provider, and the process of getting benefits could be challenging. In some cases, the employer, the insurance company, or both might try to find reasons to deny your claim.
For example, employers may claim that a worker does not qualify as an employee since the law does exempt certain groups such as commission-only salespeople and independent contractors. In other cases, employers may argue that the person’s injuries or illness were not work-related.
For these reasons and more, it is crucial to hire a worker’s compensation lawyer to represent you. Your attorney can assist you with filling out the application correctly, providing persuasive medical evidence, and appealing a denied claim.
When a person does obtain workers’ compensation in Illinois, benefits typically include coverage for all medical bills as well as temporary total disability benefits or permanent total disability benefits that are customarily two-thirds of the worker’s average weekly wage.
Workers’ compensation requires a person to report their injury to their employer within 45 days of the date of an accident, and you can submit notice orally or in writing. It is always better to put your notification in writing because you can save a copy for your records. You also need to be sure that you seek medical attention as soon as possible after your accident on the job, but make sure that you seek treatment from your employer’s specified physician if they have one.
Some employers have a Preferred Provider Program (PPP), or a network of specific healthcare providers, and employees must choose any two medical professionals in the program to receive medical care from for it to be covered by workers’ compensation. The rule does not apply for care received before an injury is reported to the employer, and employees are free to choose their own providers when an employer does not have a PPP.
You should always let your medical care provider know when you are receiving treatment for a job-related injury so the facility can submit the bill directly to your employer. Insurance companies are notorious for delaying claims, and insurers are exceptionally slow at paying medical bills, so it’s crucial to have all of your paperwork and bills organized and delivered promptly.
Contact a Danville Workers’ Compensation Lawyer
Were you hurt, or did you become ill due to a workplace accident or conditions at your job? If so, make sure to contact an experienced workers’ compensation lawyer right away. The Danville workers’ compensation lawyers at Spiros Law, P.C. will be ready to explain the process, help with your application, or appeal a denied claim when you call (217) 443-4343 for help. Our consultations 100% free, so there is no cost to reach out to us.