Are You Legally Required To File A Workers Comp Case?
In this article, the topic that comes from somebody who contacted me. They left a comment in the chat feature on my website, and they basically asked. I guess they got hurt at work because they asked, “If I get hurt at work, do I have to file a worker’s comp claim?” This is a basic question, I’ll bet a lot of people have that question. So, if you get hurt at work, do you have to file a worker’s comp claim?
The Answer Is No
Under Illinois worker’s comp claim law, your employer is required to do certain things for you. But you are not required by law to actually file a worker’s compensation claim. Now, I would encourage you to do so, really. What I would encourage you to do is speak with a lawyer right away, because injury lawyers and worker’s comp lawyers, almost all of them give you a free consultation.
If you talk to a worker’s comp lawyer who doesn’t want to give you a free phone call or a free meeting, then don’t talk to that lawyer. They don’t know what they’re doing, talk to somebody who gives you a free consultation. Preferably by phone, you get to answer. Ask all your questions for free and then you’ll know what to expect and whether you want to proceed with a worker’s comp case.
Then you’ll know what to expect and whether you want to proceed with a worker’s comp case. So, I would say that basically, the way it works in all injury claims, including worker’s comp is I always tell people,
“Act as if you might have to go to the commission to prove your case.”
Call A Lawyer Right Away
What does that mean if you got hurt? Report your case, if they start acting suspicious or aggressive or they don't want you to go to a doctor or they don't want you to report the accident. Call a lawyer right away and file a worker’s comp case right away.
Because they're positioning you to beat your case. And if they hassle you or if you feel like something's off, really everyone should file a workers comp case after a work injury, but a lot of people don’t, and that’s okay. You have to feel comfortable doing it and if you want to think about it a little bit, you’re allowed to do that.
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We Want To Speed Up Your Case
But remember, a lot of people call me and hire me for a worker’s comp case after having had an injury and they tell me this. Some time ago, and one thing I want you folks to be aware of, is if you bring me a case after the other side is already fight you or cutting off your benefits or treating you bad, it’s going to take me a little while to get your benefits restored.
I might have to go to court and do your case. I have to file the application and file an appearance. And the other side has to hire a lawyer, they have to file an appearance. I have to talk to the insurance adjuster and find out what the problems, there are a lot of times, it’s just that they are requesting documents. And sometimes, companies and doctor’s offices and insurance companies are still not up to speed.
So, it can take me a little bit of time to get all that documents to speed up your case. But, obviously I do it as fast as humanly possible. You can get your benefits. Anyway, that's what you need to know. you have to act as if it's going to be a fight. But ultimately, even though technically, it's the law that your employer provides you with benefits after a work injury, no, you are not required to file a workers comp case.
Your Employer Can File A Settlement
Your employer, if they pay all your benefits, let's say you get hurt at work and you have surgery and they paid you while you're off work, and you're back to normal and you're doing great at work, and you put it all behind you. Sometimes, your employer and your company will want to file a workers comp case and then file a settlement paperwork to close out the case right.
That's because there's a three-year deadline to file a case and they don't want to pay all the benefits, they will have you leave the company and then file a claim for more money. Anyway, I hope that answers your question. I hope this information helps you and if you have questions about any kind of injury case please feel free to give me a call.
If you've been injured and you need to talk or you have any questions, I offer a free no-obligation case strategy session. You can reach me 24/7 at 312-540-500. I am happy to answer your questions or you can get more information at my website at www.DeSalvolaw.com.
