How Does Workers Comp Work? What To Know If Hurt At Work.
How Does Workers Comp Work? A Short, Easy to Read Article On How Work Injury Cases Work.
It is easy to get caught up in too much detail and be overwhelmed if you got hurt at work. Really, what most people want is a direct answer to how does workers comp work. Here it is.
The Basics
Workers Comp is a law in Illinois that says that if someone gets hurt on the job, they are supposed to get three things, at a minimum:
1. Pay while off work with a doctor's note.
2. Paid medical treamtment by a doctor of their choosing.
3. Settlement money at the end of the case for their permanent injury.
There are other things you can get depending on your circumstances and the seriousness of your work injury, but these are the basic things everyone SHOULD get.
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The Bad News
Workers Comp payments are controlled by insurance companies. They save money when they cut your treatment short or do not pay you. So they are ALWAYS looking for an excuse to not pay or fight the case. So even when you are SUPPOSED to get paid, often they fight it anyway.
That's why it is smart of your to learn the answer to "How Does Workers Comp Work?" Knowing the basics can means winnning or LOSING.
What Do I Need To Know?
If you get hurt at work, the main questions to ask are:
1. Am I an employee?
2. Did I get hurt while doing my job?
3. Did I report the Injury?
4. Did I go to a doctor of my choice?
5. Should I talk to a lawyer?
If you are mindful of these questions and can answer them the right way, you will probably have a good case and also be able to understand how does workers comp work.
Let's talk about these.
Am I an employee?
If you get a paycheck and they withold taxes, you are an employee. That means you are covered by Workers Comp.
It also means your employer has to have Workers Comp insurance, even though they lie about it sometimes.
Did I get hurt while doing my job?
If you got hurt in the "course and scope" of your job, you are probably covered.
There are a lot of things you could do to be outside of your work duties. For example, If you took a break, went off the work property, got off of work, got into a fight unrelated to work, or were breaking company rules or doing things that were not related to your job, you might have a problem or at least a fight on your hands.
Did I report the injury?
You have 45 days from the date of your work injury to tell your job that you got hurt at work. You have 3 years from the date of injury to file a case at the Workers' Compensation Commission.
If you miss these dates, your case might be over. So always report the injury and file a case or get a good lawyer to file one for you.
Did I go to a doctor of my choice?
Seeking medical care as soon after a workers comp injury is important.
And picking a doctor who is on your side is key. I discourage injured workers from going to the 'company doctor' for treatment because it usually hurts your case.
Should I talk to a lawyer?
I always tell people that injury lawyers give a free consultation. So it is free to call and get your questions answered.
Just make sure you talk to a lawyer who answers your questions and has experience in your kind of case can can answer your questions about "how does a workers comp work?"
Talk to a Lawyer Or Learn More About How Does Workers Comp Work
I have two great options for you. First, you can call me any time, night or day, for a free consultation, and since I handle workers compensation and work injury cases, I can handle your case for you if you would like.
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Second, you can check out all of my articles and video about Workers Comp here.
I hope this information helped you, and I hope to hear from you.