What is Workers Compensation?
Hi Guys. Workers Comp injury lawyer Scott DeSalvo here.
Today we are going to answer the question: “What is Workers Compensation?”
I get a lot of calls from people who are injured. They get injured on the job and they have a million questions. They don’t know what they are entitled to under the law, and they don’t know the difference between a case in court or a case in the workers compensation so I thought I would shoot a video that answers the simple question, what is a workers comp case?
So here’s what a workers comp case is.
In every other injury that is caused by another person you go to a regular court. For us in downtown Chicago it’s the Daley Center. If you live in Will County, its the Will County Court House. If you live in Lake County, it’s the Lake County Court House.
For every kind of injury case, dog bite, car accident, fall down, medical negligence, whatever it is, you go to the court, there is 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 have been injured at work. If you were injured at work there is a special law in the state of Illinois and in most other states in the United States called the Worker’s Compensation Act.
In Illinois, it is 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:
- First, you are entitled to be paid while you’re off work.
- Second, you’re entitled to pick a doctor and have that medical care that are related to your injuries from work completely covered
- Third, when you make a recovery, you’re entitled to a lump sum of money at the end of your case that literally represents the difference in your body before and after the injury.
For example, if you break your leg, no matter how well the leg heals, its never quite the same. Lots of people with neck and back injuries never return or never really feel like they can return to that level they were at before.
That lump sum payment at the end of your 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.
And those cases are worth a lot of money if they’re handled by somebody that knows what they are doing.
The last thing I should tell you is just because you get hurt at work there may also be a third-party case. This case can go to the court house.
One of the most typical examples here is if I represent a truck driver and the truck driver is struck by somebody not working for anybody or by another truck by another company. In a situation like that, you are required 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 in construction accident and injury cases where somebody is working on a construction site. They get hurt while they are working so they are entitled to workers comp benefits but they are also entitled to file a claim for safety violations against the general contractor.
If you’ve been hurt at work and you have any questions, I offer a free consultation. You can call me 888-HURT-318.
Providing good information to injured people is the mission of my law office. If I can be of further assistance, please don’t hesitate to call.
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Cab Driver, Fall Down