Peoria Workers’ Compensation Attorneys
- Author Michael Helfand
- Published February 26, 2010
- Word count 608
If you are injured on the job, one of the first things you should do is file a claim with the Illinois Workers’ Compensation Commission, the agency that handles the cases of injured workers. If you are injured in Peoria or if you are injured out of state but based in Peoria, your case will be heard at the 202 N.E. Madison Avenue location.
It is important to note that in Illinois, there is a statute of limitations for filing a claim with the Commission. You must file within three years of the date of your injury or you essentially forfeit benefits. If you have already received any benefits, you must file a claim with the Commission with two years of the date of your last payment.
One of the next things you should do is notify your employer of your injury. In Illinois, you have 45 days to do this. If you do not notify your employer within 45 days, your claim may be denied.
Some of the benefits that you may be entitled to if you are injured on the job include medical coverage and lost wages. The types of injuries that are covered include things like a one time back injury to conditions that have resulted over the course of years, such as carpel tunnel syndrome, to injuries from inhaling chemicals or toxic fumes.
When you file a workers’ compensation claim, you are not filing a lawsuit. Illinois is a no-fault state, which means if you were hurt because you weren’t paying attention, you can still get workers’ compensation. At the same time, if you were hurt because your employer was careless, you generally can’t sue your employer for negligence. Neither you nor your employer is at fault in Illinois.
Keep in mind that in Illinois, you can choose your own doctor but you may be asked to submit to an Independent Medical Exam, or IME, by your employer’s insurance company.
There are three main types of workers’ compensation benefits available to injured workers in Illinois:
• Medical. So long as the expenses are reasonable and related to your work injury, your medical bills should be covered 100%. In other words, you should have zero out-of-pocket expenses.
• Temporary Total Disability. You can receive 2/3 of your average weekly wage during this time if you are unable to work while you recover from your injury, or if your employer can’t accommodate your work restrictions.
• Permanent Partial Disability. A permanent injury is a status determined by your doctor. If you are permanently injured, you can get benefits. If you are able to return to work but only at a lesser paying job, you may be compensated for the difference.
Another important aspect to note regarding filing a worker’s compensation claim is that you will not be dealing directly with your employer but rather your employer’s insurance company. This is why it is strongly recommended that you hire an experienced workers’ compensation attorney who can negotiate with the insurance company on your behalf and look out for you throughout the process.
Workers’ compensation attorneys generally work on a contingency basis, which means that you only pay if you get benefits. In other words, if you don’t get benefits, you owe your attorney nothing. The fee is typically 20% of what you recover.
It is strongly recommended that you hire the best workers’ compensation attorney you can find. There are many workers’ compensation attorneys in Peoria but you should be certain to go with the one who you feel will best represent your interests in navigating this process.
For more information visit, http://www.findgreatlawyers.com/WorkersCompensation.htm
Michael Helfand has been an Illinois attorney since 1997 and is founder of http://www.findgreatlawyers.com/0WorkersCompOverview.htm the leading resource for Illinois lawyer referrals and legal guidance.
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