If you have been injured at work, you may be wondering if you may qualify for workers’ comp. The truth is you probably do. Assuming that you were in fact injured at work and meet the proper deadlines for applying for benefits, you likely are entitled to workers’ comp. This is a list that may answer some questions if you think you have an unusual situation or aren’t quite sure if you are able to receive workers’ comp.
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. There are exceptions to this rule if you were intoxicated, fighting, or engaging in “horseplay” at the time of the incident that caused your injury. However, even then, your employer would need to be able 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?: If you were injured at work, you need to report the injury as soon as possible. If your workplace injury happened a long time ago and was never reported, you may not be able to apply for workers’ comp. In Illinois, workplace injuries must be reported within 45 days of the incident that caused the injury or when the injury became known. If your injury was 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.
What if I am a Contractor?: Contractors do not qualify for workers’ compensation whereas employees do. However, this issue can get complicated because an employer may sometimes intentionally or unintentionally classify someone who would typically be considered an employee a contractor. If you are being denied workers’ comp because you have been incorrectly classified as a contractor rather than an employee, you may still qualify for workers’ compensation through the help of an attorney.
What if my Employer did not have Workers’ Compensation Insurance?: Your employer is required by law to have workers’ Comp insurance. If your employer knowingly did not have workers compensation insurance when you were injured, it is a class 4 felony, and they could face imprisonment. If you are injured 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. There is also the possibility that you could sue your employer for personal injury, but you may have to prove that your employer’s negligence caused your injury.
Ackerman Law Office regularly handles workers’ compensation cases. Our law firm takes the time to understand each client’s personal situation and make sure that they are fully aware of their rights and options at every step of the process. Our firm also limits the number of cases that we handle so that we can give personalized attention to each and every client. Please feel free to contact us is you have any type of workers’ compensation claim. Ackerman Law Office handles injury claims on a contingent fee. We only get paid a fee if you get paid. Contact us for a free consultation.
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