Rock Island Workers’ Compensation Lawyer

Were You Injured on the Job?

If you were hurt on the job and required medical attention, you have a right to receive workers’ compensation benefits to cover the costs you incurred. Employers are federally required to provide workplace injury benefits to all qualified employees. 

The costs of a workplace injury can add up quickly. The workers’ compensation insurer, or your employer, may want to avoid covering these costs, as they are profit driven entities. The insurer may enlist tactics such as delaying your claim, offering a minimal settlement award, or wrongfully denying your claim altogether.  If your employer, or his or her insurer, fails to offer you a fair settlement, the workers’ compensation lawyers at Strong Law Office can help you in your fight for maximum compensation.

What Is Workers’ Comp, and How Does It Work?

The workers’ compensation system was created under the Workers’ Compensation Act. It is regulated by the Illinois Workers’ Compensation Commission (IWCC). This system establishes a standard set of benefits provided to employees who suffer injuries at work. These benefits cover the costs associated with a work injury, and they begin as soon as an employee starts his or her job. 

Any injury that occurs during the scope of a victim’s employment duties is covered under workers’ compensation. However, injuries caused by a victim’s own intoxication or egregious acts, or injuries to independent contractors or non-employees are not covered. 

Under Illinois workers’ compensation Law, employers are required to maintain workers’ compensation insurance to pay out these benefits when an employee suffers injuries. Additionally, employers are required to:

• Post notice of injured workers’ rights, as well as the contact information, policy number, and name of the workers’ compensation insurance provider, so employees can file a claim
• Maintain a record of workplace injuries
• Report injuries that cause 3 or more lost days of work
• Report workplace fatalities within 2 days
• Refrain from charging employees for insurance premiums or coverage costs
• Refrain from discriminating against any employee for filing a workers’ compensation claim

Though employers are required to report injuries to the IWCC, workers’ comp benefits are paid by the employer’s insurance company.

What Does Workers’ Compensation Cover?

Workers’ compensation insurance covers the costs associated with any injuries employees sustain on the job, or while performing job duties. While independent contractors aren’t covered, any worker who is classified as an employee and operating within the scope of his or her employment is.

 In some cases, an injury may leave a lifelong impact on a victim, leading to long-term benefits. In a typical Rock Island work injury claim, these benefits include:

Lost Wage Benefits

When a workplace injury requires a claimant to miss work during recovery, he or she can recover compensation for a portion of the wages he or she lost. In addition to lost wages during recovery, an injured victim may be able to recover benefits for lost potential earnings, like tips or bonuses. In some workers’ compensation cases, a worker may be able to recover benefits to compensate him or her for reduced earning capacity when he or she is no longer able to perform previous job duties.

The Illinois workers’ compensation system provides various types of disability benefits to injured workers. These benefits include payment for temporary and permanent disability, as well as partial and total disabilities.

Temporary Disability Benefits

There are two types of temporary disability benefits available in Rock Island, IL. These include temporary partial disability benefits (TPD) and temporary total disability benefits (TTD). TTD benefits are two-thirds of the injured worker’s typical weekly wages. These benefits are paid when an employee is completely unable to work for a short period of time. TPD benefits are paid to an employee who has to work in a lower paying position, or in a part-time capacity, until he or she is healed. TPD benefits make up the difference between two-thirds of the victim’s typical wages and reduced wages.

Permanent Disability Benefits

There are also two types of permanent disability benefits: Permanent total disability benefits (PTD), and Permanent partial disability benefits (PPD). PPD benefits are paid to employees who sustain complete or partial loss of use of a body part, or reduced use of the body as a whole. PTD benefits cover employees who sustain a complete disability in a workplace accident.

Medical Care

Workers’ comp benefits do not just replace the lost wages a victim faces after a work injury. Injured workers can also recover the costs of medical treatment. Medical care benefits under workers’ compensation cover both initial treatment expenses and long term care costs. Additionally, the costs for medical equipment, prescriptions, and travel to and from workers’ compensation doctor visits can be recovered.

Death Benefits

In a fatal workplace accident, workers’ compensation death benefits apply. These benefits cover all the decedent’s medical expenses caused by the accident, as well as up to $8,000 in funeral and burial expenses. The decedent’s family can also recover additional damages, such as lost financial support. Lost wage death benefits are typically paid out for the greater of 25 years or $500,000, and are equal to approximately 66% of the workers’ average weekly wage in the year prior to the fatal accident.

Why You Should Hire a Rock Island Workers’ Compensation Lawyer

A Rock Island County workers’ compensation attorney can help you fight for a fair financial settlement. At Strong Law Offices, our workers’ compensation attorneys know what tactics an insurance company might use to reduce the payout on your claim. Without an attorney, you risk falling prey to these tactics, and absorbing the costs of your workplace injury.

Get Strong. When you hire our law firm, you get:

1. Experienced legal representation that knows how to maximize your recovery
2. A compassionate team that regards you as more than just a case number
3. Responsive attorneys who keep you informed every step of the way

Common Types of Personal Injury in a Workers’ Compensation Claim

Slips, Trips, and Falls

Workplace slip and falls are a leading cause of accident and injury. These accidents can be caused by uneven flooring, unattended spills, obstacles present in walkways, improper flooring, damaged or missing handrails, and other hazards. Slip and fall accidents can lead to head, neck, and back injuries, as well as broken, fractured, or dislocated bones.

Struck by an Object

Employees may be struck by an object, or pinned between two objects. These injuries are especially common in factories, on construction sites, and in mechanic shops. These accidents can often leave victims paralyzed, missing limbs, or suffering from head injuries.

Work Vehicle Accidents

Like any motor vehicle accident, workplace car accident injuries can range in severity. These accidents can be caused in the scope of daily work duties, or while traveling for work. A work vehicle accident can also occur when an employee is operating equipment such as a forklift. Common injuries in work vehicle accidents include broken bones, burns, lacerations, soft tissue injuries, head injuries, injuries to the spine, and traumatic brain injuries. 

Repetitive Stress Injuries

Repetitive stress injuries are a common type of injury in many industries. This is because many jobs require an employee to perform the same action for months or years at a time, and workplaces often fail to provide proper ergonomic equipment. These injuries occur when the specific part of the body becomes damaged due to the repetitive motion performed for an increased duration of time. Though harder to prove, repetitive stress injuries do qualify for workplace injury benefits.

Frequently Asked Questions About Workers’ Compensation

What Is the Statute of Limitations for Workers’ Comp in Illinois?

Injured workers in Illinois have three years from the date of the accident to file an Application for Adjustment of Claim with the IWCC if no benefits have been paid, or two years from the date of your last benefits payment. There are, however, some exceptions to this deadline. A workers’ compensation attorney can review your case to help you determine how the statute of limitations applies to your claim.

Who Pays for Workers’ Compensation?

An employer is responsible for paying for and maintaining workers’ compensation insurance. Under Illinois law, employers are prohibited from charging employees for workers’ comp insurance premiums or benefits.

What Is Workers’ Compensation Insurance?

Workers’ compensation insurance is a type of no-fault insurance that provides benefits to employees who are injured on the job. These benefits compensate employees for lost wages, medical expenses, disability, and job rehabilitation when necessary. This insurance is retained by an employer, and covers any person who is a direct employee of the company or organization.

You might be interested in these work injury resources:

• WHAT IF MY WORKERS’ COMP CLAIM IS DENIED?
• WHAT ARE THE EXCEPTIONS TO THE EXCLUSIVE REMEDY RULE IN ILLINOIS?
• HOW MUCH DOES IT COST TO HIRE A WORKERS’ COMP ATTORNEY?
• WORKERS’ COMPENSATION INVESTIGATIONS AND WHAT THEY LOOK FOR