Every worker wants to do a great job and go home to their family healthy and safe. However, workplace accidents are incredibly common, particularly in labor-intensive industries like hospitality, construction, infrastructure development, and natural resource extraction. While no one ever expects to get into an accident, knowing your workers’ compensation rights and how to seek justice for your accident can help you recover faster and return to doing what you love.
What is workers’ compensation?
Workers’ compensation is a form of insurance carried by the employer, which is used to pay for lost wages and medical care for employees who are injured on the job. Employees aren’t responsible for paying for workers’ compensation, and employers are legally required to have this form of insurance for their business. In Illinois, these claims are handled by the Illinois Workers’ Compensation Commission.
The only major stipulation to receiving workers’ compensation is that the injury must be accrued while working. The employee must not be intoxicated or actively seeking to injure themselves or another person while the injury or illness occurred. Once it’s been proven that the worker was injured or became ill as a result of their work, a workers” compensation claim will be filed with the company’s insurance agency, which will then process the claim and provide compensation: this could be cash payouts, reimbursement for medical expenses, or both.
Workers’ compensation can also help make up lost wages if an employee can no longer perform their previous duties due to injury, and therefore has to diminish their hours or responsibilities. Similarly, an employee may choose to return to the workplace and perform alternate duties or desk work until they’re fully healed.
Many workers’ compensation claims are handled without protest by the company or insurance agency, but in some instances, the employer or insurance agency may dispute the claim. When this happens, the employee may need to go to court to prove that they’re entitled to compensation. It’s always best to work with an expert attorney who can skillfully demonstrate that your claim is legitimate, earning you the settlement you deserve.
Why might you need a lawyer for workers’ compensation?
In some instances, the employer or insurance agency may dispute the workers’ compensation claim by claiming that the injury or illness is not work-related. This is especially possible if there is no discreet, identifiable accident that caused the injury or illness. For example, if someone developed lung cancer from working with carcinogenic materials, it’s possible that the insurance agency or employer could argue that the cancer is caused by lifestyle choices or genetic predisposition.
The positive side of lawsuits related to workers’ compensation is that, unlike other personal injury cases, there’s no need to prove negligence by either employer or employee: all that’s necessary is to prove that the illness or injury is a direct consequence of workplace activities. Negligence by an employer or employee has no impact on the amount of compensation an employee is entitled to, which makes the process more streamlined.
However, this doesn’t mean that it’s simple to argue a workers’ compensation claim in court, which is why anyone seeking workers’ compensation in Chicago should work with attorneys experienced in this form of a lawsuit.
How can you find a great attorney for a workers’ compensation case?
There are a number of factors to consider when choosing a lawyer for your workers’ compensation case. Firstly, you need an attorney highly experienced in workers’ compensation cases, with a record of successful settlements on behalf of their clients. Since every case is different, search for a law firm that has worked on a similar case: if you were injured in an accident in a restaurant, search for an attorney who has received settlements for those in the hospitality industry.
Workers’ compensation claims require extensive research and excellent documentation. Find a lawyer who knows exactly what’s necessary to successfully argue a workers’ compensation claim, including medical records, evidence from the workplace, and expert witnesses. They should be able to explain to you exactly why each piece of evidence is necessary, and have the ability to organize these documents in a way that will convince the judge.
You also want to consider more intangible aspects, such as if you feel comfortable with this attorney and if they explain things to you in a way that makes sense. You’ll be working with this lawyer for weeks or even months, so that compassion, consideration, and concern for your well-being is essential. While this may just be another case to an attorney, this is your life and health at stake: a great lawyer will make it clear that they truly care about you and don’t see you as just another case to win.
Reviews are a great way to ensure that your law firm is both skillful and sympathetic. A quick Google search can help you see how previous clients feel about the attorneys they worked with; pay close attention to both negative and positive reviews, and see if there are similarities between what they say. However, these can never replace visiting and speaking with the attorneys in person, so be sure to schedule a consultation with the law firm of your choice and decide whether they are trustworthy, kind, and efficient.
Final thoughts
No one wants to be injured at work, but if you find yourself harmed by an accident or falling ill as a direct result of your employment, you have options available to get you the justice you need. Understanding workers’ compensation, and the help of a great attorney, can help you get the settlement you need to recover.
