Workers’ Compensation Lawyers in Bloomington, Illinois
- Author Michael Helfand
- Published February 26, 2010
- Word count 646
If you were injured on the job, you may be entitled to workers’ compensation benefits. These benefits include medical costs and lost wages. In order to obtain benefits, you must file a claim with the Workers’ Compensation Commission.
The Workers’ Compensation Commission is a statewide agency that oversees workers’ compensation cases and has hearing locations throughout the state. In Bloomington, the hearing location is at the Law & Justice Center at 104 W. Front Street. If you were injured on the job in Bloomington, your case would most likely be assigned to this location. Your case would also likely be assigned to this location if you were injured out of state but are based in Bloomington.
When you file a claim with the Commission, you are not filing a lawsuit. This is because Illinois is a no-fault state, which means that no matter who was actually at fault for your injury – you or your employer – no one is blamed and you can still obtain benefits. Keep in mind that this also means that you can’t sue your employer if, in fact, your injury was their fault. Filing a claim takes the place of a lawsuit.
In Illinois, a vast range of work-related injuries are covered under workers’ compensation. You will be covered for a one time back injury as well as a repetitive stress injury, like carpel tunnel syndrome. Illnesses caused by inhaling toxic fumes, for example, are also covered.
Unlike other states, Illinois workers’ compensation law allows you to choose your own doctor. However, you may be asked by your employer’s insurance company to submit to an independent medical exam, or IME.
While your first priority should be your recovery, there are certain deadlines you must keep in mind. In Illinois, the time limit for filing a claim with the Commission is three years from the date of your injury. If you have received some benefits but not yet filed a claim, your deadline is two years from the date of your last payment received. The other deadline regards notifying your employer. In Illinois, you have 45 days from the date of your injury. These deadlines are extremely important because if you miss them, your case could be barred forever.
In Illinois, there are three main types of benefits available to injured workers:
• Medical. You should pay nothing out of pocket. Your medical bills should be covered 100% as long as they are reasonable and related to your work injury.
• Temporary Total Disability. You can receive 2/3 of your average weekly wage 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 and if this is the case, you can receive compensation. If you are able to return to work but at a lesser paying position, you may be compensated for the difference.
Throughout the process, you will not be dealing directly with your employer but rather with your employer’s insurance company. That is why it is highly recommended that you hire an experienced work injury attorney to represent you. The insurance company is in the business of negotiating these claims and its goal is to pay out as little as possible. So, you want an experienced workers’ compensation attorney to represent your interests during the negotiations and throughout the process.
If you are concerned about the cost of an attorney, note that workers’ compensation attorneys generally charge on a contingency basis. This means that you only pay your attorney if you get benefits – typically 20% of what you recover. If you get nothing, then you pay nothing.
There are many attorneys in Bloomington, Illinois and it is strongly recommended that you find the one who will best represent you throughout this process.
To Learn more at http://www.findgreatlawyers.com/Bloomington-Workers-Compensation-Attorneys.htm
Michael Helfand has been an Illinois attorney since 1997 and is founder of http://www.findgreatlawyers.com/WorkersCompensation.htm the leading resource for Illinois lawyer referrals and legal guidance.
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