The system is different from an ordinary personal injury lawsuit, and understanding those differences can help an injured worker make informed decisions from the beginning.
What Injuries May Be Covered?
Workers' compensation can apply to sudden accidents such as lifting injuries, falls, machinery accidents, vehicle collisions, or injuries caused by objects. It can also apply to some repetitive trauma and occupational conditions when the work relationship can be established.
The employee generally must show that the injury arose out of and occurred in the course of employment. Disputes can involve whether the activity was sufficiently connected to the job, whether the condition was caused by work, or whether a prior medical problem accounts for the symptoms.
What Benefits May Be Available?
Depending on the circumstances, Illinois workers' compensation benefits can include reasonable and necessary medical treatment, temporary total disability, temporary partial disability, permanent partial disability, permanent total disability, vocational rehabilitation or maintenance, and death benefits.
Benefit calculations depend on the statute, wages, injury date, disability type, and other facts. A website estimate should not be used as a substitute for an individualized calculation with a licensed attorney.
Medical Treatment and Work Restrictions
Medical records can become central to the claim. The employee's diagnosis, causal opinion, work restrictions, treatment recommendations, and maximum medical improvement status may affect entitlement to benefits.
Disputes can also arise over authorized medical treatment, independent medical examinations, light duty work, return to work, and whether continuing care is reasonably necessary.
Reporting and Filing Requirements
Illinois law imposes notice and claim filing requirements. An injured employee should report the accident promptly and keep records of when, where, and how the injury occurred. Waiting to report a work injury can create factual disputes that might otherwise have been avoided.
What if Someone Other Than My Employer Caused the Injury?
Workers' compensation generally limits ordinary damages claims against the employer, but an injured employee may sometimes have a separate claim against a negligent third party. Examples can include another driver, a defective equipment manufacturer, or a separate contractor.
Third party recoveries can interact with the employer's workers' compensation lien, so the claims should be coordinated.
If you have been injured at work, Michael and his team can review the accident, medical history, employment relationship, and potential third party issues, and explain the benefits and procedures that may apply.
Areas We Serve
Michael J. Lucas & Associates, LLC assists clients throughout Boone County, Cook County, DuPage County, Kane County, Lake County, McHenry County, and Will County.
Our office serves clients throughout Northern Illinois, including Addison, Algonquin, Antioch, Arlington Heights, Aurora, Barrington, Bartlett, Batavia, Belvidere, Bloomingdale, Bolingbrook, Buffalo Grove, Carpentersville, Cary, Chicago, Crystal Lake, Deerfield, Des Plaines, Downers Grove, Elgin, Elk Grove Village, Elmhurst, Evanston, Fox Lake, Fox River Grove, Frankfort, Geneva, Glen Ellyn, Glenview, Grayslake, Gurnee, Hanover Park, Hampshire, Harvard, Highland Park, Hoffman Estates, Huntley, Joliet, Lake Barrington, Lake Forest, Lake in the Hills, Lake Zurich, Libertyville, Lincolnshire, Lisle, Lockport, Lombard, Marengo, McHenry, Mokena, Mount Prospect, Mundelein, Naperville, New Lenox, Northbrook, Palatine, Park Ridge, Plainfield, Poplar Grove, Prospect Heights, Rolling Meadows, Romeoville, Roselle, Schaumburg, Shorewood, South Elgin, St. Charles, Streamwood, Sugar Grove, Vernon Hills, Waukegan, West Chicago, Wheaton, Wheeling, Wilmette, Winfield, Wood Dale, Woodridge, and Woodstock.