Letting your employer know about your injury, seeing a doctor, documenting everything, and understanding your rights are some steps you can take to protect your workers’ comp claim in Bloomington, Illinois. Be sure to file a written injury report with your employer within 45 days of when you got hurt or sick. Get treated immediately and follow your doctor’s instructions. Also, keep meticulous records of all correspondence with your employer and of medical treatments.
Hiring a workers’ compensation attorney is another crucial step you can take to protect your workers’ comp claim. The lawyer can handle the lengthy and confusing claims process on your behalf and ensure you receive your rightful benefits. The lawyer can also protect your rights and represent you if the insurance company denies your claim or the employer retaliates against you.
Partner with workers’ compensation attorneys at Dodds Law Offices if you or a loved one has been injured on the job in Bloomington, IL. We have helped injured workers receive benefits for various work-related injuries, from head injuries to permanent disabilities. We will investigate your case and provide personalized legal representation. Call us at (309) 807-3600 to schedule a free case evaluation.
What Happens After a Work Injury in Bloomington, Illinois?
A severe workplace injury can keep you from working, leading to lost income. A 2023 report by the Bureau of Labor Statistics indicated that 101,400 work injuries occurred in the private industry. Of these injuries, 64,500 were severe. Such injuries may cause a temporary or permanent disability.
Workers’ compensation benefits help cover your medical bills, lost wages, and even vocational rehabilitation services when necessary. You must, however, take steps to protect your workers’ compensation claim and increase your chances of receiving benefits. These steps include:
Reporting the Injury
Ensure you notify your employer of the incident and resulting injury immediately after it has occurred. Under Illinois workers’ comp law, you have a 45-day window to report the injury. Your employer should file the claim with the Illinois Workers’ Compensation Commission (IWCC). That’s done by filing Form 45, “Employer’s First Report of Injury.” The claim process begins once the employer submits this form.
Documenting the Injury and Accident Scene
Documenting the incident allows you to collect crucial evidence to support your claim. If possible, take pictures and videos of your injuries. Additionally, document the accident scene, capturing the safety hazard that caused your injury. Take note of the location, date, and time of the accident.
Seek Immediate Medical Attention
Get medical care as soon as possible. Illinois law allows employers to include a “Preferred Provider Program (PPP)” in their workers’ insurance policy. The law allows you to choose up to two doctors from the PPP list. If your employer isn’t part of a PPP, you can select a maximum of two private physicians of your choice.
Inform your doctor that you’re treating a work-related injury. Follow the doctor’s treatment plan and advice strictly. Failure to do so may jeopardize the claim.
Gather Records
Gather all the necessary documents you need for your workers’ comp claim. These documents include medical records, bills, and receipts from medical equipment purchases. You should also preserve invoices for home renovations to create a disability-friendly environment. Obtaining income statements and pay stubs can also help with calculating the settlement.
Common Mistakes that Jeopardize Your Workers’ Comp Benefits
The workers’ comp claim process follows a strict legal procedure. Any mistakes can dent your chances of success. The following are common mistakes that can hurt your claim:
Failure to Report the Injury
Employees must report their work-related injuries to their employers within 45 days of the accident date. Failure to report the injury within this timeline may nullify your claim. It also sends the message that your injury isn’t as serious as you claim.
Inconsistent Documentation
All the data you provide as evidence must be consistent. Inconsistencies in the information make employers and insurers doubt your claim. That can easily lead to a claim denial. That’s why you should document every stage of the claim as it unfolds. It alleviates confusion and inaccuracies.
Failure to Seek Prompt Medical Care
Ignoring the need for immediate medical attention can weaken your claim. Sometimes, the injury may not be readily apparent. That can compel you to delay seeking medical care, which may worsen the injury due to overexertion. Such a mistake can compromise your claim.
Miscommunication with Employer and Insurer
When filing a workers’ comp claim, you must provide the details of the incident chronologically. That information must include how the incident occurred, the injury you sustained, and the symptoms you’re experiencing. You must also indicate the date, location, and time.
Failure to communicate the information can delay the claims process. Moreover, correcting mistakes means that the new information must be verified by your employer and insurer. The bureaucracy involved can set back progress you have made. That’s why it’s crucial to ensure you deliver accurate information in your initial submission.
How a Bloomington Workers’ Comp Lawyer Can Protect Your Workers’ Comp Claim
In an ideal situation, your employer should file your workers’ compensation claim with the IWCC. The commission addresses the claim, and you get compensated. But the claim process follows strict legal guidelines. Without experience and legal knowledge, it’s easy to make costly mistakes. That’s why you need a lawyer for a workers’ compensation claim. A workers’ compensation attorney can protect your claim in various situations, including:
Uninsured Employer
Illinois law requires all employers to obtain workers’ comp insurance policies. That coverage cushions employees from the financial losses related to their work injuries. Thus, employees are prohibited from filing claims against their employers in exchange for workers’ compensation benefits.
What if your employer is uninsured? In such a situation, you may receive your benefits through a secondary program called the Illinois Injured Workers Benefit Fund (IWBF). The IWBF is funded by financial proceeds from fines and penalties imposed on companies that have no insurance.
A seasoned workers’ comp attorney can leverage his or her experience to prepare the necessary documents and follow the right legal procedures to ensure you receive maximum benefits.
Claim Denials
Denials occur due to various reasons. For example, the employer may dispute your account of the accident. In other cases, insufficient evidence may be the cause. A lawyer provides the legal backup you need if workers’ compensation denies your claim.
Dodds Law Office is your go-to law firm if you were hurt on the job in Bloomington, Illinois. Our lead workers’ compensation attorney, Terry Dodds, has the necessary knowledge, experience, and resources to secure a favorable outcome from your workers’ comp claim. Contact us for a free case evaluation.
