Experiencing an injury at work may cause confusion and concern as to who will pay your medical bills. After you seek medical treatment, you should take steps to protect your rights and help you secure workers’ compensation benefits.
Reporting the Injury
The first step you should take after a work injury is to report the injury to your employer as soon as possible. In Illinois, you have up to 45 days to report the injury or illness, but it is best to report sooner. Provide how, when, and where your injury took place. If you fail to report your work injury within the given timeframe, it can impact your ability to receive benefits. Once you have reported the injury, your employer is responsible for beginning the claims process.
Seeking Medical Treatment
In Illinois, you have the right to choose which doctor you go to for treatment. Make sure to tell your medical provider that your injury is work-related so they can properly document that in your records for billing. Follow your doctor’s prescribed treatment plans. Record your medical visits, treatments, and any related expenses to your treatment. These records will help to calculate the amount of benefits you need.
Filing a Workers’ Compensation Claim
Once you have obtained medical treatment and have reported your work injury to your employer, the workers’ compensation claim’s process will begin. In Illinois, your claim must be filed with the Illinois Workers’ Compensation Commission (IWCC) within three years from your injury, or within two years of your last payment from compensation. You will need to fill out an Application for Adjustment of Claim, along with a description of your injury and the circumstances surrounding it.
Once you have submitted your forms, IWCC will review your claim and schedule any necessary hearings. While your claim is being reviewed, you should stay in communication with your employer, the insurance company, and your legal representation.
Receiving Benefits
Once your workers’ compensation claim has been approved by the IWCC, you may receive various benefits to help during your recovery.
Workers’ compensation benefits you may receive include:
- Medical Treatment Coverage: All of your medical treatment related to your work injury should be included. Examples include doctor’s visits, hospital stays, surgeries, medications, physical therapy, and rehabilitation.
- Temporary Total Disability (TTD) Benefits: If you are unable to work while you are healing from your work injury, you may be able to receive temporary total disability benefits. This will typically be two-thirds of your average weekly wage.
- Permanent Partial Disability (PPD) Benefits: if your work injury leaves you with a permanent disability, but you are still able to return to work, you may be eligible for this benefit. The severity of your injury can impact the amount you receive.
- Vocational Rehabilitation: Workers’ compensation may cover the costs of rehabilitation if it relates to your vocation and helping you return to work. This may also be covered if you are unable to return to your old job, but the rehabilitation leads to finding a new employer.
- Death Benefits: If a work related injury leads to a fatality, the decedent’s dependents may be able to receive death benefits. This will include compensation for funeral expenses and ongoing financial support.
Keep copies of all of your medical records, expenses related to your treatment, and all communications in regard to your claim.
Returning to Work
You may be eager to return to work after your injury, but it is important to make sure that you do this with some caution. Stay in communication with your employer about your recovery process. Make sure to discuss any work restrictions you may have, and any recommended accommodations you may need to return to your previous duties.
Follow all of your doctor’s orders, getting his or her clearance before you return to your job. This helps to ensure that you do not strain your injury or cause further harm. This may include a gradual return to work with modified duties until you have fully recovered and are able to do your previous workload.
Seeking Legal Assistance
Hiring a workers’ compensation lawyer can help you protect yourself after a work injury. If your claim is denied, you are not getting the correct amount of benefits, or you are facing work retaliation, your lawyer can help. Your attorney should be well versed in Illinois laws related to workers’ compensation, so he or she will be able to effectively advocate on your behalf.
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