In the event of a workplace accident, the workers’ compensation scheme was created to offer certainty to injured workers. In return for such benefits, the statute prohibits a common law claim against the employer. Employees are often pitted against the interests of employers in Workers’ Compensation lawsuits, which is an unfair reality. The insurer has retained the insurance companies running the claim; their objective is to reject or mitigate claims in order to save money, even at the expense of the injured worker.Do you want to learn more? Visit Law Offices of Joan M Lauricella
Although workers’ compensation law offers a statutory recovery against employers for occupational accidents, injured workers may also be able to file a personal injury case against all parties involved in the accident, known as “third party defendants.” A “third party cause of action” means that if the accident that caused the injury was caused by someone other than your employer, you can sue the third party in addition to filing a workers’ compensation lawsuit. A third-party lawsuit may be filed against a product’s manufacturer or the company that built the equipment, managed the work site, maintained the property, or caused a car accident.
Workmen’s compensation is a no-fault scheme that allows disabled or sick workers to collect compensation for their medical bills and missed wages without having to sue their employers. The employee receives the following benefits: 100% of your medical insurance is covered, you have the freedom to select your own doctor, and 2/3 of your pay or income is tax-free when you recover from the accident before you reach Maximum Medical Improvement (MMI).
When do you announce an accident, if you’re wondering? Report the injury as soon as you become aware of it. When it comes to a work-related accident, the value of notification cannot be overstated. You should immediately notify your employer, and your employer should make you complete Form 45, the state Workers Compensation form. A lawsuit must be filed within 45 days in Illinois. Failure to do so may lead to a workers’ compensation carrier denying coverage, even though the occupational injury is serious. You should consult an attorney in addition to contacting your supervisor or benefits director (typically an HR function). The Illinois Workers Compensation Act is set up in such a way that lawyers are not compensated until a settlement is reached. If you have been injured, you can contact an attorney right away and sign an Attorney’s Representation Agreement.