If I Get Hurt At Work, Do I Have To File A Workers Comp Claim?

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July 1  

What Does It Mean If You Got Hurt?

This question came from somebody who contacted me and basically, they got hurt at work because they asked “If I get hurt at work, do I have to file a Worker’s comp claim?”

The Answer Is “NO” 

So, under Illinois workers comp law, your employer is required to do certain things for you, but you are not required by law to file a workers compensation claim. Now, I would encourage you to do is speak with a lawyer right away, because Injury lawyers and workers 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, so I would say that basically the way it works in all injury claims, including workers comp is I always tell people, “Act as if you might have to go to the commission to prove your case.”

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File The Claim Right Away

But a lot of people don't file right away 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, but remember a lot of people call me and hire me for a worker’s comp case after having had an injury.

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 fighting 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 to do it and I have to file the application, file an appearance. The other side has to hire a lawyer, they have to file an appearance. I have to talk to the insurance adjuster find out what the problems, there are a lot of times it's just that they're requesting documents. And sometimes, especially a lot of companies, doctors’ offices, and insurance companies are still not up to speed. So, it can take me a little bit of time to get all that stuff. But obviously I do it as fast as humanly possible so you can get your benefits, but anyway you know that's what you need to know.

There Is A Deadline In Worker's Comp Case

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. You are not required to file a worker’s comp case. So, 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 know you're doing great at work, and you put it all behind you. Sometimes, your employer, your company will want to file a worker’s comp case and then file a settlement paperwork to close out the case, that's because there's a three-year deadline to file a case and they don't want to pay all the benefits if you have left the company and then file a claim for more money.

So anyway, I hope that answers your question I hope that information helps you and if you have questions about any kind of injury case please feel free to give me a call. You may reach me at 312 500 4500 24/7 free consultation.

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About the author - Scott D. DeSalvo

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