When you file a workers' compensation claim, it does NOT get filed in court. You are NOT suing your employer. You are NOT claiming the accident was your employer’s fault. What you ARE doing is simply claiming that an accident happened on the job that you were injured, and you would like to receive all of the benefits that the law allows.
FOR INFORMATION ON WORKERS' COMPENSATION LAWS, CONTACT KURASCH & KLEIN HERE, OR CALL 312-372-7250.
Injuries that happen on the job are covered by a written law known as the Workers' Compensation Act. Workers' compensation law is different from almost all other injury law. It does not come under the heading of personal injury law, because workers' compensation claims have nothing to do with negligence. An on-the-job injury is covered no matter whose fault it is, even if it is the injured worker’s fault.Types of Workers' Compensations in Chicago, Illinois
There are three main types of compensation available to injured employees. First, you are entitled to weekly payments to replace your paycheck while you are required by your doctor to be off work (you do not have to use regular sick days provided by your employer). These payments are calculated at two-thirds of your average, gross, straight-time pay, with no taxes taken out. Second, you are entitled to have all of your medical expenses paid, with no deductibles (there are certain rules relating to the number of different doctors you are allowed to consult with, which you need to discuss with your workers' compensation lawyer). Finally, you are entitled to a lump sum of money that reflects the permanency of your injury. The money can come by way of settlement or an arbitrator’s decision, and it is based on a number of factors, including the part of the body injured, how much money you were earning at the time of your injury, and how serious the injury was.
As easy as it might sound, there is nothing automatic about any of these benefits. Any benefit can be contested by the employer’s insurance company, and they often are. An insurance company can claim that your medical expenses were not reasonable and necessary, or they can have you examined by a doctor they pay regularly to examine injured workers, and a doctor like that is likely to say you are able to return to work. An insurance company might cut off your benefits if one of their doctors gives such an opinion, even if your own treating doctor disagrees. In situations like this, you may need a Chicago worker compensation lawyer to intervene and do whatever is necessary to get your benefits paid again.Chicago Workman’s Comp Law Firm
At Kurasch & Klein, our Chicago accident attorneys have represented literally thousands of injured workers since 1972. We fight tough to make sure no employer or insurance company shortchanges a client of ours, and we pride ourselves on the fact that so many of our past and present clients are our best sources of new cases. If you have been injured at work and need help receiving your worker’s compensation benefits, call 312-372-7250 to speak with a worker compensation lawyer at Kurasch & Klein.