Workers Compensation Attorney in Bloomington, IL

Illinois law generally requires you to notify your employer of a workplace injury within 45 days of the accident. Missing this window can jeopardize your right to benefits, so it’s important to report the injury in writing as soon as possible and follow up with a formal workers’ compensation claim.

Illinois law requires nearly all employers to carry workers’ compensation insurance, but if yours did not, you may still be able to recover benefits through the state’s Second Injury Fund or by pursuing a separate legal claim. A Bloomington workers’ compensation lawyer can help determine the best path forward.

Yes. If someone other than your employer, such as a contractor or equipment manufacturer, contributed to your workplace injury, you may have a “crossover case” allowing you to pursue workers’ compensation benefits and a separate personal injury claim against that third party.

Injured workers generally have 30 days from the date of a denial to file an appeal with the Illinois Workers’ Compensation Commission. Because this window is short, it’s important to speak with an attorney as soon as your claim is denied to preserve your right to appeal.

The greater majority of workers’ compensation cases are closed once a settlement is reached. Medical is not left open in a larger majority of the cases. Only in those cases where someone is gravely debilitated and needs care around the clock, or is expected to have future surgeries, is medical going to be left open.

Unless there is a specific provision that would make the insurer or the employer liable for any additional surgeries that may be required, once the case is settled, it’s settled. There’s no turning back unless medical is left open. There’s no going back to get additional funds from the employer or the insurer.

In Illinois Workers’ Comp cases, it’s incredibly important that the employee or the claimant follow every recommendation of their treating physician. If the employee or the claimant fails to follow those recommendations, they risk the employer stopping benefits. They also risk their claim becoming worth a lot less because they did not do everything they could to ensure that they were going to reach maximum medical improvement.

For example, with physical therapy, it’s incredibly important that the employee does not miss any appointments and is trying to do their very best during those treatment sessions. It’s also important for the employee that they stay within the chain of referrals. In most instances in Illinois, the Illinois worker is only entitled to two different medical professionals that are not in the chain of referral.

With a serious injury where different body parts are injured, the employee might be required to see different types of doctors. For example, the Illinois Worker might be required to see an orthopedic doctor, a gastrointestinal doctor, a spine doctor, or a neurosurgeon. If someone’s severely injured and has been required to see a lot of different specialists, the victim is going to have to get a referral from his or her primary care physician to see those specialists. If the injured worker doesn’t stay within that chain of referral, then the employer will not be obligated to pay those medical bills.

Not every claim requires a lawyer, but even straightforward-seeming cases can become complicated if your employer disputes the injury or the insurance company offers less than your claim is worth. Consulting a Bloomington workers’ compensation lawyer early helps ensure you don’t leave benefits on the table.