Carlinville Workers’ Compensation Lawyer

Carlinville Workers’ Compensation Attorney

Navigating the complexities of the Illinois workers’ compensation program can be challenging, especially when dealing with the aftermath of a workplace injury. A Carlinville workers’ compensation lawyer can help ensure you receive the benefits you’re entitled to and advocate on your behalf if your claim is unfairly limited or denied.

Understanding Workers’ Compensation in Carlinville

Workers’ compensation is a system created by federal and state governments to protect workers in case they are injured in the course of their work. Employers are required to purchase workers’ compensation insurance to cover their employees’ injuries. In return, employees cannot sue their employers for any injuries that occur on the job unless the employer displayed gross negligence that caused the injury.

Workers’ compensation provides crucial benefits, such as medical treatment and partial wage replacement, to employees who suffer job-related injuries. However, obtaining these benefits isn’t always a straightforward process.

Why Choose Joshua R. Evans, Attorney at Law?

Joshua R. Evans is a results-oriented trial lawyer who has broad litigation experience in a variety of personal injury cases, including those involving workers’ compensation. The team at our law firm helps injured workers obtain the full compensation that they deserve after a workplace injury. We are not afraid to face any party in court who attempts to deny our clients their rightful benefits.

Common Workplace Injuries That Qualify for Workers’ Comp

Workplace injuries can vary significantly, depending on the nature of the job. Some of the most common types of workplace injuries include:

• Slip and Fall Injuries: These injuries can occur in any workplace environment, especially if there are wet floors or uneven surfaces.
• Equipment-Related Injuries: When jobs require the use of heavy machinery or tools, workers are at risk of injury due to equipment malfunction or improper use.
• Repetitive Strain Injuries: People who spend a lot of time doing repetitive motions at work (typing, assembly line work, etc.) can develop conditions like carpal tunnel syndrome or tendinitis.
• Chemical Exposure: When workers deal with hazardous materials for extended periods of time, they may develop respiratory issues, long-term illnesses, or even acute chemical burns.

Steps to Take After a Workplace Injury in Carlinville

If you’re injured on the job, taking the proper precautions can help ensure that your claim goes through and you receive the benefits you’re entitled to.

• Report the Incident to Your Boss: Report your injury as soon as possible. In Illinois, you have 45 days to report your injury, but the sooner, the better. You should do so in writing, but oral reporting is acceptable.
• Visit a Doctor: According to Illinois workers’ compensation laws, you must initially visit one of your employer’s approved providers if they have one. If you are not satisfied with their level of care, you can then choose a provider of your preference.
• Record Everything: Document all the details of the injury, treatment, bills, and correspondence with your employer, insurance, etc.
• Follow Medical Advice: You are required to follow the prescribed course of treatment as directed by your healthcare practitioner. Non-compliance can result in the denial of benefits.
• File an Application for Adjustment of Claim: If your claim is denied, file an application to request an arbitration hearing. It is crucial to file this application, even if you are currently receiving benefits, as it preserves your right to appeal if necessary.
• Talk to an Attorney: A skilled and seasoned attorney can help you navigate the workers’ compensation system and determine your available legal options.

Understanding Your Legal Rights

In addition to the standard benefits provided under workers’ compensation, certain circumstances may allow for additional legal actions.

• Third-Party Claims: If a third party’s negligence caused or contributed to your work injury, you may pursue a personal injury case against that party. If you are injured in a work-related car accident involving another driver or by a defective piece of equipment, you may be able to file a claim.
• Discrimination and Retaliation Claims: You may bring claims against your employer for discrimination and retaliation if they take negative actions against you (like firing you) for filing a claim for workers’ compensation benefits.

FAQs

Q: What Is the Average Workers’ Comp Settlement in Illinois?

A: The average workers’ compensation settlement depends on the specifics of your injury and the extent of the medical treatment you were provided. In Illinois, settlements for serious injuries may be much more than those for minor injuries. A big part of a settlement is coverage for lost wages, medical expenses, and your inability to work in the future.

Q: Can Workers’ Comp Stop Paying You in Illinois?

A: Yes, if you are receiving benefits from workers’ comp in Illinois, those can stop under certain conditions. If your doctor comes to the conclusion that you have reached maximum medical improvement (MMI), your benefit coverage can end. Also, if you are not following the treatment plan your doctor prescribed or if you don’t show up for medical appointments or hearings, benefits can end. Benefits can also stop if it is determined that your injury is not job-related.

Q: Can I Lose My Health Insurance While on Workers’ Comp in Illinois?

A: Yes, there is a risk of losing employer-provided health insurance while on workers’ compensation in Illinois. This is especially true if you are unable to work for an extended period of time. Fortunately, you may qualify for COBRA benefits, which allow you to continue your health insurance at your own expense.

Q: What Is the Statute of Limitations on Workers’ Comp Claims in Illinois?

A: In Illinois, the workers’ compensation claim statute of limitations is generally three years from the date of the injury or two years from the last date you received any form of compensation related to the injury, whichever is later. It is very important to file within this timeframe to protect and preserve your right to benefits. An experienced attorney can help ensure that you meet all the necessary deadlines.

Contact a Carlinville Workers’ Compensation Lawyer

Joshua R. Evans, Attorney at Law, has spent years guiding injured workers in Carlinville through the state’s complex workers’ compensation system. We know how hard it can be after you face a work-related injury. Our firm can provide fierce and compelling representation to help you secure the benefits you deserve.

Contact us today to schedule a consultation so we can discuss your workers’ compensation case.