When you sustain an injury at work, you expect the damages to be covered by the employer’s workers’ compensation insurance. However, to receive financial assistance, you need to go through a complicated process.
Understanding what is involved in the workers’ compensation case process in Waukegan allows you to build the right strategy. An experienced work injury attorney can help you navigate the steps and receive the money you deserve. We have attorneys who can communicate in both English and Spanish.
The process of receiving workers’ compensation in Waukegan begins with seeking medical attention. Failing to get a medical professional’s consultation could hurt the chances of recovering damages. Once you have received medical care, there are a series of steps to initiate the case process.
The worker has 45 days from the incident that caused the injury, or from the moment the injury became reasonably obvious, to notify the employer. Missing this deadline could make the employee ineligible for the benefits.
The notification process involves either telling the employer verbally or putting the information in writing. However, the latter option can be much more helpful for the official recovery process. Workers who are union members should notify their steward about the situation, as the union may offer assistance with damage recovery.
At this point, the worker should consider consulting a a lawyer to help with gathering evidence and documenting all the necessary information about the incident. They can also monitor the process and step in whenever something does not go according to plan.
After being notified, the employer has to give the worker a list of medical providers through their preferred provider network. However, in Illinois, workers have the right to choose their own medical provider. An attorney can recommend a medical professional who does not charge for the services before the case concludes.
The employer also must file an accident report with the Illinois Workers’ Compensation Commission 30 days from the moment of the notification. They must also initiate the damage recovery process with the insurance company. To check the status of the claim, the employee can use the IWCC website.
Not every attempt to file a workers’ comp case in Waukegan goes smoothly. In some situations, the claim may be denied, whether due to insufficient documents or the lack of evidence that the injury was sustained in the workplace.
If this occurs, the employee has the right to appeal the decision. An attorney can send an appeal letter to the insurance company and attach relevant evidence to support the claim. If the company refuses, the legal team can go further and file an Application for Adjustment of Claim with the IWCC. Then, they can represent the worker at the hearing with an arbitrator.
Securing workers’ compensation benefits without legal assistance may not be easy. While some claims go through without any problems, others end in denials. By opting for legal counsel at the beginning of the case, you are improving your chances of a fair outcome.
At Schlack & Bassmaji, we have handled many workers’ comp cases successfully and want to use this experience to help you recover damages. Please call us to learn more about the workers’ compensation case process in Waukegan.
