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What is Workers' Compensation?
"Workers' compensation" is a system of benefits that employers are required by law to provide to their employees. These benefits are available regardless of who is at fault for the accident. Almost every employee in Illinois is covered by the Workers' Compensation Act. There are a number of different kinds of benefits available under the Act, but the three main categories of benefits are:
- Payment of any reasonable and related medical bills;
- Temporary total disability (TTD) during periods of time off work; and
- Permanent disability, usually in a lump sum, based on the nature and extent of the injury
A workers' compensation claim is not a lawsuit against your employer. It is a claim for benefits filed against your employer's workers' compensation insurance carrier. In fact, you are not allowed to sue your employer for accidents occurring on the job. It is also important to note that it is illegal for your employer to terminate you for filing a workers' compensation claim. If that were to happen, you may have a cause of action against your employer for retaliatory discharge.
Although simple to file, workers' compensation claims are extremely complex and should not be handled without an attorney. Someone who is untrained in workers' compensation law will not be able to properly value your claim.
Furthermore, while the insurance carrier will often agree to pay benefits initially, benefits are often unjustly terminated for a number of reasons. The primary objective of insurance companies is to minimize claims and thereby maximize profits. They have attorneys and doctors on their side, and they often get a doctor's opinion that the employee's medical treatment is unnecessary or unrelated to the accident. This provides the insurance company with a basis to cut off benefits. In this situation, it is crucial to have a competent workers' compensation attorney who will fight to get your benefits restored.
If you or a member of your family has been injured in a work-related accident, we can help. Contact the experienced workers' compensation attorneys at Drake & Collopy, P.C. online or call us at 312.345.0220, or toll free at 1.888.372.5355, for more information or to schedule a free consultation.
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