Workers Compensation? What Is It and How Do I Get It?

Workers Compensation Questions?  Here a Top Workers Comp Lawyer Tells You What You Need To Know.

Hi guys, workers' comp injury lawyer Scott DeSalvo here. Today we're going to answer the question: What is workers' compensation? Stay tuned.

I get a lot of calls from people who are injured, and they get injured on the job, and they have a million questions about Workers Compensation.

They don't know what they're entitled to under the law. They're not sure the difference between a case in court or a case at the workers' comp commission. I thought I should shoot a video that answers the simple question: What is a workers' comp case?

Here’s What a Workers’ Comp Case Is

For every other injury that is caused by another person, you go to regular court. For us in downtown Chicago, it's the Daley Center. If you're in Will County, it's the Will County Courthouse. If you're in Lake County, it's the Lake County Courthouse.

But for every kind of injury case, dog bite, car accident, fall-down, medical negligence, whatever it is, you go to the court, there's a judge, you have a right to request a jury, and they decide your case after you do discovery.

Throw all of that out the window if you've been injured at work.

If you've been injured at work, there is a special law in the State of Illinois and in most other States in the United States called the Workers' Compensation Act.

In Illinois, it's called the Illinois Workers' Compensation Act. That act provides that if you are hurt in the course and scope of your job, you are entitled to three basic things.

You’re Entitled to Be Paid While You’re Off Work

You generally get 2/3 of your regular pay, but they do not withhold taxes out of your check, so your 'take home" pay should be close to the same.

You’re Entitled to Pick a Doctor and Have That Medical Care Related to Your Injuries From Work Completely Covered.

Your employer may want you to see THEIR doctor, but you are usually better off picking a doctor who is on your side, not the Company's side.

You're Entitled to a Lump Sum for the Lasting Impact of Your Injury

This is called "PPD" or Permanent Partial Disability. It means that your body is different after it is hurt, even if you have recovered from the worst effects of your work injury under Workers Compensation

For example, if you break a leg, no matter how well the leg heals, it's never quite the same. Lots of people with neck and back injuries never return or never really feel like they've returned to that level they were before. That lump sum payment at the end of a workers' comp case is meant to compensate you for the change in your body and your ability to do work.

Now in a more serious case, you can be awarded total permanent benefits, or if you can't return to your job and you have to take a lower-paying job, you can be entitled to what's called a wage differential. Those workers' compensation cases are worth a lot of money if they're handled by somebody who knows what they're doing.

I guess the last thing I should tell you is that just because you get hurt at work, there may still also be a third-party case, a case that goes to the courthouse. In other words, you could have an accident or injury, but you can have a Workers Comp case as well as a third-party case. One of the most typical examples here is if I represent a truck driver and the truck driver is struck by either somebody not working for anybody or another truck from another company. Then you can file a Workers Comp case as well as have a lawsuit from the guy who caused the crash.

In a situation like that, you're entitled to file a workers' comp case as well as a third-party case against the guy who ran into you.

We also see it in construction negligence cases, construction accidents, and injury cases, where somebody's working on a construction site. They get hurt while they're working, so they're entitled to workers' comp benefits, but they're also entitled to file a claim for safety violations against the general contractor.

Get the Workers' Compensation You Deserve

Navigating a workers' compensation claim can be overwhelming, but you don’t have to do it alone. Understanding your rights and ensuring you receive the full benefits you’re entitled to is crucial for your recovery. Whether you're dealing with wage loss, medical expenses, or permanent disability, having an experienced workers’ compensation lawyer on your side can make all the difference.

At the Law Office of Scott D. DeSalvo, we fight to protect injured workers and maximize their claims. If you’ve been hurt on the job, you may also have a third-party case that could increase your compensation.

Contact us today for a free consultation. Let’s make sure you get the benefits and financial support you need to move forward.