Workers Comp Tricks To Get Your Benefits Started If You Got Hurt At Work
If you got hhurt at work, learn these Workers Comp tricks to get paid while off work, get your medical bills paid, and get a good settlement.
Hey guys. Workers Comp lawyer Scott DeSalvo here.
In this article, am going to tell you the three things you should know about Workers Comp in Illinois.
If you know these things, it can help you to make sure you get your beneefits under Workers Comp. If you do not know therse thigns, it will be very easy for the insurance company to trick YOU and put you and your case behind the "8 ball".
If you’re an employee injured at work then you are probably entitled to benefits under Workers Comp. Of course things can get complicated depending on your particular situation.
Only employees are covered under Workers Comp. That means you are on payroll. Taxes get held out of your check.
If you are an 'independant contractor' then you are requied to supply your own Workers Comp insurance. Your employer doe s not. If you do not have taxes held out of your check, you may not be an employee under the Illinois Workers Compensation Act.
Here's The Tricks You Need To Know.
So I am going to share the three things I wish people knew about Workers Comp in Illinois.
It is important because if you do these things you’ll have a stronger case and if you don’t do them, then you can lose your case.
First, there are two deadlines in Workers Comp.
If you miss a deadline then your work injury case could be over. That's why iuts a 'trick'. Your employer and their Workers Comp insurance company sure isn't going to tell you this.
The first deadline is the 45-day rule.
You have to report the accident or incident or injury at work within 45 days within the date of injury. Sometimes people get hurt at work and they hide it. But if you do get hurt at work you have to report it and you have 45 days to do it.
The second deadline is the three years from the date of the injury.
That is how much time you have to file an actual application at the Workers Compensation Commission. Blow this date and you have no case.
The Second Trick: Work With The Right Doctor.
If you get hurt get to a doctor right away. And make sure that your doctor is on your side.
Many people go to the company doctor that the company sends them to. Sometimes it works out okay. But often the company doctor is on the side of the company. They can be harsh and skeptical if the company wants them to be.
Since your doctor controls whether you return to work, and what medical treatment you will get approved for, making sure you have a doctor who is on your side and who is reasonable and fair is super important.
If your doctor is rude or aggressive, get another doctor. And it is usually a bad idea to treat with the Company doctor. The Company doctor may have loyalty to the Company, and not you.
That could mean he or she could say that yopu are fully recoveed when you are not. Or maybe, they cut off your treatment and send you back to work before you are able.
Since the Arbitrator or Judge takes what your chosen trating doctor says seriously, they give it a lot of weight. So make sure your doctor is on YOUR side, not the Company's side. This is a very important Workers Comp trick.
Trick #3: Your Rate Determines Your Settlement Value
TPD ("total permanent disability") determines the amount of money you get in settlement at the end of the case. This figure is calculated based on your average weekly wage. The more money you make, the more the saem injury is worth in settlement.
In other words, a guy who makes $20 an hour gets almost twice as much for the same injury as the guy who makes $10 an hour.
Is that fair? No, not really. But it works that way because how the Workers Comp act calculates the value of the case.
I talk to people who got hurt at work, and they wonder why a friend of theirs got more or less. It may or may not be the genius work of a good lawyer. Instead, it is usually just the difference between what the two workers with similar injuries make per hour.
"WHAT IS MY CASE WORTH? HOW CAN I CALCULATE MY CASE SETTLEMENT VALUE?"
Wouldn't you like to know whether you have a good case or what it might be worth? Even if it is a soft tissue injury, you deserve to know what to expect.
You should consider a free consultation with a lawyer to protect your rights.
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