Injured at work? Wondering if you qualify for workers’ compensation benefits? The truth is you probably do.
You likely are entitled to workers’ compensation benefits, assuming your injuries occurred at work and you met the proper deadlines for applying for benefits.
Read our frequently asked questions about workers compensation if your situation is unusual, or you aren’t quite sure if you are able to receive workers’ comp.
TLDR: Ackerman Law Office regularly handles workers’ compensation cases. Contact Jim Ackerman to discuss your case.
What if the injury was my fault?
Workers’ compensation is a no-fault system of benefits. In other words, if your workplace injury was your fault, you can probably still receive workman’s compensation.
Now, if you were intoxicated, fighting, or engaging in “horseplay” at the time of the incident that caused your injury, that could make it harder to get workers’ compensation.
However, your employer has to prove that you were intoxicated or willingly engaging in fighting/horseplay to disqualify you from receiving workers’ comp.
What if the injury happened a long time ago?
Report your workplace injury as soon as possible. If it happened a long time ago and you didn’t report it, you may not be able to apply for workers’ comp.
In Illinois, employees must report workplace injuries within 45 days of the incident that caused the injury or when the injury became known. Once reported, you have three years to file a claim for workers’ comp. Otherwise, it will be tricky to receive workers’ compensation.
What if I was fired?
If you were fired after a workplace accident, you should still be able to receive workers’ compensation.
Being fired — on its own, whether due to workplace injury or not — will not disqualify you from receiving workers’ comp. If you have been receiving workers’ comp and get fired for unrelated reasons, you will still continue to receive benefits. Even if you quit, you can still receive workers’ compensation.
Do contractors qualify?
Contractors do not qualify for workers’ compensation whereas employees do. However, it is a complicated issue. Employers may sometimes intentionally or unintentionally classify someone a contractor when they typically would be considered an employee.
If you are denied workers’ comp because you have been incorrectly classified as a contractor rather than an employee, you may still qualify for workers’ compensation. Contact a workers’ comp attorney like Ackerman.
What if my employer did not have workers’ compensation insurance?
Your employer is required by law to have workers’ compensation insurance.
If the company knowingly did not have the insurance when you were injured, it is a class 4 felony. Your employer could face imprisonment.
If injuries occur while your employer does not have insurance, your case will be a little more complicated. But you could still get benefits to help recover from your injury. You may be able to receive benefits from The Injured Workers Benefits Fund.
Also, you could sue your employer for personal injury. But you may have to prove that your employer’s negligence caused your injury.
Choose Ackerman Law
Why Choose Us: We at Ackerman Law Office regularly handle workers’ compensation cases. Our law firm takes the time to understand each client’s personal situation. We make sure you know your rights and options every step of the process.
How can we give this personal attention? We limit the number of cases that we handle
Fees: Ackerman Law Office handles injury claims on a contingent fee. We only get paid if you get paid. Contact us for a free consultation.
Referrals: We accept referrals from other lawyers and pay referral fees per Illinois law.
Please feel free to contact us is you have any type of workers’ compensation claim.