Chicago Workers Comp Lawyer - You NEED To Know 3 Things About Workers Comp
Chicago Workers Comp Lawyer Scott D. DeSalvo reveals the 3 things you MUST know if you or a loved one got hurt at work.
Knowing this information can make the difference between having a valid case or being denied benefits under Workers Comp laws of Illinois. So its worth taking a look at the video to protect your rights and the value of your Workers Comp case.
First, Know Your Work Injury Deadlines
First, know the 45-day rule deadline and the 3-year Statute of Limitations for filing an Application at the Commission. If you miss a deadline, your case could be over.
The 45 day rule says that you must report your injury to your employer within 45 days of the accident or injury happening. That's easy if it is a major incident and you are taken away from for example, a factory by ambulance. It would be hard for an employer to say they didn't know it happened.
But we see this as a potential problems because many injured workers do not want to make a big deal of an injury. Many people get hurt at work and do not want to see a doctor or call a Chicago Workers Comp lawyer, hoping everything will be okay.
In situations like this, we have to be careful. Waiting to see a doctor to talk toa lawyer means the 45 day rule can slip right by wiothout givign your employer notice that you got hurt at work.
If we miss the deadline, your Workers Comp case may be over and you may have missed your chance to get your benefits. (But talk to a lawyer before you give up, because there's lots of wrinkles here and a good Workers Comp lawyer may be able to help.)
Next is the 3 year filing deadline. This means you have 3 years from the date of your injury to file a case at the Workers Comp Commission.
This part of it is simple. Either you or a lawyer on your behalf files the papers, or you don't.
Same situation. If you don't file, you may lose your right to get beenfits under Workers Comp. These include being paid while off work with a doctor's note, getting your medical care related to the injury paid, and being paid a lump sum of money to account for the change in the health and or function of your body as a result of the work accident.
Second, make sure you have a good doctor who is on your side.
Let me tell you about what happened to a recent Workers Comp client of mine.
He hurt his back. He went to the doctors the Company suggested. I told him that might be a mistake, because if his employer or if the Company's Workers Comp insurance company sends the doctor a lot of patients, the doctor might be loyal to the company or insurtance company, and not his patient (my client).
Sure enough, everything was good, and my client ended up having a back surgery. His doctor seems to be on his side.
But after the surgery, my client was still in pain. He tried to return to work, but full duty work was too much. He was in terrible pain. He actuall had to go to the Emergency Room because the pain and spasm in his lower back was so bad.
Unfortunately, the company doctor cut off his pain medication and wrote in the medical records that he was cured and he was faking his injury.
Imagine that, you OWN DOCTOR doing that to you. Calling you a liar in your Workers Comp case.
Now this guy was a 'stand up' kind of guy. He got a second opinion and it turns out an MRI showed that he was really in pain and his nerve was compressed and he had another surgery.
But choosing the wrong doctor who wasn't on his side (or who changed sides after he got his surgical fee) slowed his case down and made it a bigt fight when it could have been smooth sailing. Having a Chicago Workers Comp lawyer who knows what he is doing helped, too.
Make sure you treat with a doctor who is on your side from the start through the finish of your Work injury case.
Third, the more permanent the injury and the more money you make, the more your case is probably worth.
Almost all injury cases are the same: the bigger the injury, the biggger the recovery.
But in Workers Comp, there are other factors that come into play.
The first one is that your recovery depends on your hourly rate. This means that someone who makes $40 per hour gets about twice the amount for the same injury as someone who makes $20 per hour.
Is that fair?
Probably not, but it is the law under the Workers Comp laws of Illinois, so you'd better know this and be prepared or it.
The second thing is that the bigger amount of permanancy of your physical problems, the more the case is worth. That's because at the end of the case, you should get a PPD award for your ongoing permanent problems.
PPD stands for "Partial Permanent Disability". If you have aches and pain, or cannot stand all day, these are exmaples of problems that would eb compensations under "PPD". This is another reason why you need a treating doctor who is fair and friendly, not somone who is more concerned with making a Workers Comp insurance company happy rather than getting you the medical care you need, and giving you a FAIR assessment of the "PPD" which reflects all of your pain and problems.
Working with a Chicago Workers Comp lawyer who listens to you and returns your calls is key to a successful case.
Shouldn't YOU Have The Best Liked Lawyer, Too?
"Hiring Scott was one of the best moves I have made in my life....5 star first class act who really knows his stuff."
If you have more questions or need more help, give me a call, 312-500-4500. Free, no obligation consultation with a Chicago Workers Comp lawyer.
Or if you aren't ready to speak with a lawyer, fill out the form below to get your copy of my Free "Injury Cheat Sheet" which I can email to you right now.
I hope this info helps you. Let me know if you have any questions, I'd be happy to answer them.