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What must I prove to be entitled to workers' compensation benefits?
The burden is on you, the employee, to prove that you are eligible for benefits. To qualify for workers' compensation benefits, you must prove all of the following:
- Jurisdiction: that your employer was subject to the Illinois Workers' Compensation or Occupational Diseases Act on the date of the accident.
- Employment: that you were working for your employer at the time of the accident.
- Accident or exposure: that you sustained accidental injuries or were exposed to an occupational disease that arose out of, and in the course of, the employment.
- Causal connection: that the medical condition was caused or aggravated by the alleged accident or exposure.
- Notice: that you provided your employer with notice of the accident or exposure within the time limits set by the Act.
Even if the parties agree that the claim is compensable, many other disputes frequently arise in workers' compensation claims. For example, the parties may disagree over:
- the nature and extent of the injuries or disability
- the employee's average weekly wage
- whether the medical treatments or bills were reasonable and necessary
- whether the employee has cooperated in his medical treatment
- the extent of the employee's permanent restrictions caused by the injuries
- whether the employee is able to return to his job or, if not, the work level he is capable of performing
- whether the employee has diligently sought other employment
- whether benefits were unjustifiably terminated, thereby entitling the employee to penalties
Because there is a wide range of complicated issues that can, and frequently do, arise in workers' compensation claims, it is crucial to have an experienced workers' compensation attorney on your side to guide you through the entire process and fight for the benefits you're entitled to.
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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