By: Howard Ankin
Ankin Law Office

Roughly 28 percent of Americans will be injured at work. It is important to know your rights if you are injured on the job as understanding your legal rights can assist in your medical recovery and stop some of your financial losses. The following questions and answers are provided to assist you in gathering the information needed for a workers’ compensation claim.

Q. What is workers compensation?
A. Workers’ compensation is insurance coverage for an employee who has suffered an injury or illness resulting from job-related duties. Coverage includes medical and rehabilitation costs and lost wages for employees injured on the job. The benefits are based on the type and severity of the injury. The law states that the worker must receive these benefits; there is not a choice by the employer or employee as to whether or not the employee should get these benefits.

Q. If I am injured and need to receive Workers Compensation, what benefits should I expect?
A. Every State has their own Workers’ Compensation laws that define how an injured worker receives benefits when hurt on the job. In Illinois the three basic benefits that you will receive are:

The right to receive medical care and treatment;
The right to receive loss time benefits;
The right to receive money to compensate for permanent injures when you can’t permanently return to work; you may also the right to vocational retraining and loss of income damages.

Q. Do workers that are not properly documented but are injured at work have the right to receive workers’ compensation benefits?
A. Under Illinois law, anyone who is injured at work has the right to pursue workers’ compensation benefits. Immigration status does not matter as all workers have the right to pursue workers compensation benefits. If an employer hires a worker the employer can’t benefit after the worker is hurt by saying that the employee was an illegal and shouldn’t receive workers’ compensation benefits.

Q. Will I lose my job if I pursue workers’ compensation benefits?
A. The law is clear that a person cannot be retaliated against while pursuing a workers’ compensation claim. If an employer fires or discharges an employee under these circumstances, they are subject to additional legal action. In my experience, the system works; retaliation is rare and an employee shouldn’t be concerned about losing their job because they file a workers’ compensation claim.

Q. How do I see a doctor?
A. Under Illinois law, the injured employee has the right to receive emergency medical treatment; after that the employer should provide the injured employee with a list of preferred medical providers they can use to seek additional medical treatment. As the injured worker, you have the right to reject the preferred providers list in writing and be treated by a doctor of your choice. The injured employee can then receive all reasonable and necessary treatment from any doctor referred from the first doctor or through their referral chain.

Q. How does a work injury claim get started?
A. Usually an injured worker will alert his/her employer of their injury and the employer will assist or direct the employee to emergency medical treatment and prepare the appropriate paperwork for the claim. If the employer does not start the claim, the employee can file a form called application for adjustment of claim with the Illinois Worker Commission, which will start the claim.

Q. Do I need a lawyer for to receive a workers compensation claim?
A. In my opinion, every injured worker requires legal assistance for a work related injury, especially because the new workers’ compensation laws are difficult for an injured employee to navigate on their own. Remember, a lawyer is paid only when they recover money which an injured worker cannot receive on their own. There is no risk in seeking assistance for work related injuries so the majority of injured employees hire an attorney.

Disclaimer: The content contained in this column is for informational use only and not for the purpose of providing legal advice. You should not rely upon the information discussed in this column for an analysis of your legal issue. If you have a legal question, please call The Ankin Law Office for a confidential telephone consultation; toll-free: (800) 442-6546 Local: (312) 346-8780. Please feel free to visit our website at: http://www.ankinlaw.com.