How to Pursue Workers’ Compensation for Slip and Fall
In cases involving a disputed slip and fall claim at work, it’s best to use a Chicago slip and fall lawyer. A legal professional can guide you through the process and give you the best chance of success. By law, the burden of proof in cases of disputed worker’s comp claims rests with the employee.
There’s also documentation, hearings, and procedures you must know about if you plan to deal with it yourself.
However, it doesn’t hurt to know the process, whether you use a lawyer or not. The Illinois Worker’s Compensation Commission makes a point to say that filing an accident report does not trigger any action by the Commission.
In addition to your claim, you must follow a series of procedures to request a hearing. There are also several rules applying to these types of cases that can complicate things. The following list gives a general overview of the process, but it is not comprehensive:
- You (the employee) file three copies of the Application for Adjustment of Claim and Proof of Service. The proof of service states that a copy of the application was served on the employer.
- The case is then assigned to a hearing site near the site of the accident. One of the parties must request a trial to move the case along. If not the case will remain in arbitration for up to three years.
- You must heal as much as possible before continuing with a trial. And when you are healed, you must prepare medical records, depositions, etc. to go to trial.
- At the trial you must prove which benefits you are entitled to and why. The employer does not have to disprove your claim. The burden of proof lies with the employee.
The requirement to heal is what causes many cases to take one to two years. However, a Chicago slip and fall lawyer can help you win the best possible outcome for your case.
You can file a 19(b) or 19(b-1) petition which speeds things up. The commission must make a ruling within 180 days when a 19(b) or 19(b-1) is filed.
Filing a 19(b) or 19(b-1) has many technical requirements which a Chicago slip and fall lawyer can help you with.
And when employers refuse to provide the benefits you’re entitled to, you need to enlist the help of a Chicago slip and fall lawyer. The Law Office of Scott D. DeSalvo specializes in several different legal areas. You can learn more about our slip and fall services on our website or give us a call today!
"Hiring Scott was one of the best moves I have made in my life. Scott is a down to earth person and attorney. Scott is a 5 star first class act who really knows his stuff. The Judge said his presentation was one of if not the best he had ever seen. Take my advice, hire Scott. I’m sure you’ll be 200% satisfied. I was."
Cab Driver, Fall Down