Were you injured in a workplace accident in Lincoln, Illinois? On-the-job injuries can occur in any field and range in severity from minor to severe or debilitating. Employees in Illinois are most likely covered by employer’s worker’s compensation insurance. However, securing the benefits you deserve can be a complex process, and you might find that your employer or their insurer is unwilling to help you with your claim. That’s why you should consider hiring an experienced Lincoln IL worker’s compensation attorney from the Noll Law Office to help you pursue the benefits you need and rightfully deserve.
Eligibility for worker’s compensation benefits depends on your employment status and the specific details of the accident. In Illinois, most employees are protected by the Workers’ Compensation Act (820 ILCS 305), making them eligible for benefits in case of a job-related injury or illness. However, the claims process can be challenging, especially when dealing with uncooperative employers or insurance companies.
That’s where Attorneys Daniel and Sarah Noll at the Noll Law Office can help. They have extensive experience helping people seek worker’s compensation benefits in Lincoln Illinois and will be ready to put their skills and knowledge to work for you. Don’t let a workplace injury disrupt your life. Trust the Noll Law Office to help you with your worker’s compensation benefits claim or appeal if your claim has been denied. For a 100% free confidential consultation to discuss your case, call (217) 414-8889 or fill out our contact form today.
Lincoln IL Workers’ Compensation Process
Being familiar with the steps involved in the Lincoln IL workers’ compensation process can help reduce some of the stress and confusion that comes with an on-the-job injury. If you’ve been injured at work or have developed a job-related illness, the process of seeking compensation will likely proceed as follows:
- Seek immediate medical attention – After a serious workplace injury, it’s crucial to seek medical help right away, either at a hospital or clinic. Employees usually have the right (but not always) to choose your healthcare provider, and your employer should cover all related expenses without any out-of-pocket costs for you. If an injury becomes evident after leaving work, seek medical care immediately.
- Report the injury – It is important to notify your supervisor that you’ve been injured at the time of the accident. In addition, you should formally notify your employer about your injury as soon as possible, ideally within 45 days of the accident. Prompt notification makes it more difficult for your employer to dispute the work-related nature of your injury.
- Provide work restrictions documentation – Obtain documentation outlining any work restrictions from your healthcare provider and share it with your employer.
- File your claim – Your attorney can file an Application for Adjustment of Claim with the Illinois Workers’ Compensation Commission on your behalf. They will also submit an Attorney Representation Agreement specifying the lawyer who will assist you throughout the process. From there, your attorney will closely monitor your case and promptly address any issues, ensuring your rights and benefits are protected.
- Continue your medical treatment – Your employer is responsible for covering reasonable, necessary, and work-related medical treatment until you reach maximum medical improvement (MMI). MMI is the point at which further medical care will no longer improve your condition.
- Attend an independent medical examination (IME) – Your employer can request a second opinion on your condition, necessary treatment, and work restrictions by sending you to a non-treating physician for an IME. It is advisable to consult with your attorney before attending an IME.
- Resolve treatment disputes – If there is a disagreement between your treating doctor and the IME doctor, your attorney can request a hearing to help settle the dispute.
- Negotiate for additional benefits – If your workplace injury prevents you from ever returning to your previous job, your employer may be obligated to cover retraining costs for alternative employment.
Lincoln, IL Workers’ Compensation Benefits
Depending on your situation, you could be eligible to claim the following benefits:
Medical Benefits
You are entitled to coverage for necessary and reasonable medical expenses related to the injury, which may include:
- Emergency care
- Medical appointments
- Hospital services
- Surgeries
- Physical therapy
- Chiropractic care
- Medications
- Prosthetic devices
- Prescribed medical devices
- Equipment like lifts or wheelchairs
- Home modifications, such as wheelchair ramps
Illinois has no time or monetary limits on medical benefits as long as the treatment is deemed necessary, according to 820 ILCS 305/8(a).
Temporary Total Disability (TTD)
TTD benefits are available to you if you are temporarily unable to work or can perform light-duty work, but your employer has no light-duty work available. TTD benefits are generally calculated as two-thirds of the worker’s average weekly wage, subject to minimum and maximum limits set by the state 820 ILCS 305/8(b). These benefits are typically paid until the worker reaches Maximum Medical Improvement (MMI) or returns to work.
Temporary Partial Disability (TPD)
TPD benefits cover you if you are still healing and working light-duty jobs, whether part-time or full-time and earning less than your pre-injury wages. Your benefits will usually be two-thirds (66.66%) of the difference between the average amount you would be able to earn in the pre-injury job(s) and the gross amount you earn in the light-duty job. TPD benefits usually continue until you can return to your regular job or complete the healing process.
Wage Differential Benefits
Wage differential benefits can be paid if you are able to work but cannot return to your prior job, either because your work restrictions will not permit you to perform that job, or because the job no longer exists. Your benefits are usually 66.66% of the difference between the amount you earn in your new job and what you would have earned in your old position. Wage differential benefits may cover the gap if you secure employment elsewhere at a lower pay rate than your pre-injury job.
Permanent Partial Disability (PPD)
PPD benefits may be paid if you suffered the complete or partial loss of a body part, complete or partial loss of use of a body part or partial loss of use of your body as a whole. A “schedule of body parts” can be found at 820 ILCS 305/8. Each body part on the schedule is assigned a specific number of weeks’ pay. For a total loss of a body part, you usually (but not always) multiply the number of weeks on the schedule by 60% of your average weekly wage in the year prior to your injury to determine how much compensation you might expect.
Permanent Total Disability (PTD)
PTD benefits apply when you permanently and completely lose the use of both hands, both arms, both feet, both legs, both eyes, or any combination of two such parts or when you are permanently unable to perform any work (in a reasonably stable job market). PTD benefits equal two-thirds of your average weekly wage for life, subject to minimum and maximum limits.
Vocational Rehabilitation and Return-to-Work Programs
Vocational rehabilitation may be available while you’re receiving worker’s comp benefits, including job search counseling, supervised job search programs, and vocational retraining (820 ILCS 305/8(a)). If you cannot return to your pre-injury job, your employer may need to cover treatment, instruction, and training necessary for your physical, mental, and vocational rehabilitation.
Death Benefits for Fatal Injuries
In the event of a fatal injury, workers’ compensation provides burial and survivors’ benefits to the deceased employee’s family. The burial benefit is $8,000 for injuries resulting in death after February 1, 2006, and $4,200 for injuries resulting in death before that date. Survivors’ benefits equal two-thirds of the deceased employee’s gross average weekly wage from the 52 weeks prior to the fatal injury accident. The employee’s spouse and any children under the age of 18 will be the primary beneficiaries of these survivors’ benefits.
Can I Choose My Own Medical Provider?
After a workplace injury, you can select your own medical provider. However, if your employer participates in Illinois’ Preferred Provider Program (PPP), your choices are limited to two physicians within that network. If your employer doesn’t have a PPP, you can choose any medical provider and seek a second opinion from another. If you received first aid or emergency care from another provider, that would not count toward your two choices.
Employers may require that you be evaluated by their chosen medical provider, but you are not obligated to accept treatment from them. Employers must cover exam costs, including travel expenses, meals, lost wages, and other expenses.
Treatment Costs in Workers’ Comp Cases
The Illinois Worker’s Compensation Commission (IWCC) has a fee schedule specifying most medical treatment costs. Employers are required to pay the lesser of the provider’s actual charge or the fee schedule amount. Employers may also contract with a provider to cover care required by the Illinois Workers’ Compensation Act at an agreed-upon cost. Injured workers are not required to pay the remainder of any unpaid medical expenses.
Common Workers’ Compensation Pitfalls
Navigating Illinois’ workers’ compensation system can be complex, and even minor errors could significantly impact your benefits claim. Awareness of common mistakes can help you avoid potential issues and ensure you receive the benefits you deserve.
Inadequate Incident Reporting
Not reporting your accident to your employer promptly and accurately can jeopardize your Lincoln, IL workers’ compensation claim. Be sure to provide a detailed account of the incident and submit the necessary documentation within the specified timeframes.
Incomplete Medical History Disclosure
When seeking medical treatment for your work-related injury, provide your healthcare provider with a comprehensive and accurate account of your injury and previous medical history. Failure to do so can lead to incorrect diagnoses, improper treatment, and potential problems with your Lincoln, IL workers’ compensation claim.
Misjudging When to Return to Work
Returning to work too early or late can affect your Lincoln, IL workers’ compensation benefits. Consult with your healthcare provider and adhere to their advice regarding when it is safe and appropriate to return to work.
Failing to Request a Second Opinion
If you have doubts about your medical provider’s diagnosis or treatment plan, you may wish to seek a second opinion. Failure to do so may result in inadequate care or missed opportunities for additional benefits. Be mindful of the “two-doctor rule.” According to an amendment (House Bill 1698) to the Illinois Workers’ Compensation Act, Section 8(a), an injured worker can select up to two physicians, surgeons, or hospitals for their treatment.
The employer is usually responsible for covering the costs of the treatment from these two providers and any referrals made by these providers to other specialists. If an injured worker seeks treatment from more than two providers without proper referral or authorization, the employer may not be required to pay for the additional treatment.
Accepting Settlement Based on Disability Rating Only
Settling based solely on your disability rating may not fully compensate you for your injury. Consider all factors, such as future medical expenses and lost wages, when negotiating a settlement.
Settling Your Claim Without Securing Employment
Settling your Lincoln, IL workers’ compensation claim without a job or a return-to-work plan can leave you without income or benefits if you can’t find suitable employment. Consider your long-term financial needs as well as medical and health considerations before accepting a settlement.
Not Hiring an Attorney or Hiring an Inexperienced Attorney
Navigating the workers’ comp system can be complicated, and attempting to do so without an attorney may result in a less favorable outcome. Seek professional legal advice from a qualified attorney experienced in handling workers’ compensation claims.
Steps to Take After a Workplace Injury in Lincoln, Illinois
After sustaining a workplace injury, take the following actions to protect your health and your right to claim workers’ compensation benefits:
- Seek immediate medical attention – Prioritize your health after a workplace accident. Obtain first aid, visit a nearby hospital, or see a doctor as soon as possible. Prompt medical treatment aids your recovery and documents your injury’s extent.
- Report the injury to your employer – Inform your supervisor or employer about the accident and your injury promptly, ideally within 24 hours. Delaying this step can jeopardize your eligibility for workers’ compensation benefits. Provide written notice if possible and retain a copy for your records.
- Document the incident – Record detailed notes about the accident, including the date, time, location, and circumstances leading up to the injury. Gather contact information from witnesses and take photographs of the accident scene and your injuries, if possible.
- Keep medical treatment records and expenses – Maintain a file with all medical bills, reports, prescriptions, and related expenses. These documents provide evidence of the costs associated with your injury and help substantiate your claim.
- Consult a workers’ compensation lawyer – Hire a lawyer to assist you with your claim and help you obtain the benefits necessary for recovery and returning to work.
Choosing the Right Workers’ Compensation Attorney
Selecting the appropriate workers’ compensation attorney can significantly impact your claim. When choosing a lawyer to represent you, consider the following factors:
- Background and experience – Seek an attorney with a strong workers’ compensation background since this area of the law is complex, and not every attorney will be familiar with it. Ask about their experience, the types of cases they handle, and their success rate with similar cases.
- Initial case assessment – Request the attorney’s honest evaluation of your case, including its strengths and weaknesses, the likelihood of a favorable outcome, and potential challenges.
- Availability – Inquire if the lawyer has the time and resources to dedicate to your case. An attorney with too many cases might not give your claim the attention it deserves, which could impact the outcome.
- Fee structure – Workers’ compensation attorneys typically represent clients on a contingency basis, meaning they only get paid if they secure benefits. Ask about their contingency fee percentage and any additional costs or expenses you might be responsible for, such as filing fees or expert witness fees.
- Communication – Choose an approachable, responsive attorney who communicates clearly. You should feel comfortable discussing your case and asking questions. Effective communication is crucial to ensure you understand the process and remain informed throughout your claim.
During the initial consultation, use this opportunity to interview the attorney and determine if they are the right fit for you and your case. You might also want to ask for references from previous clients and check online reviews to learn about other clients’ experiences.
By considering these factors and asking the right questions, you can confidently choose a workers’ compensation attorney who will represent your best interests and help you navigate the complexities of your claim.
Frequently Asked Questions
Even though the people you work with may talk about workers’ compensation claims often, you likely have questions. We’ve answered some of those we hear most often below.
What if someone else’s carelessness or recklessness caused the accident that injured me?
Injured workers can sometimes pursue additional compensation through third-party liability claims. These claims may arise when a work-related injury is caused by a party other than the employer, such as:
- A defective product – If your injury was caused by malfunctioning machinery or equipment, you might have a product liability claim against the manufacturer or supplier of the product. This could include claims for design defects, manufacturing defects, or inadequate warnings.
- Negligent subcontractors or vendors – If you are injured due to the negligence of a subcontractor or vendor working on the same job site, you might have a claim against the responsible party. This could include situations where the subcontractor failed to follow safety regulations, maintain equipment, or properly train their employees.
- Work-related motor vehicle accidents – If you are injured in a motor vehicle accident while performing job-related duties, and the accident was caused by another driver’s negligence, you might have a personal injury claim against the at-fault driver.
It’s important to note that pursuing a third-party claim is separate from the workers’ compensation process, but your attorney would likely be able to assist with that claim as well.
Can I be fired for filing a workers’ compensation claim?
Employers are prohibited from retaliating against employees for exercising their rights under the Illinois Workers’ Compensation Act. This includes termination.
Can I receive benefits if the injury was partly my fault?
Illinois workers’ compensation is a no-fault system, which means you may still receive benefits even if you were partially at fault for the injury. However, benefits may be reduced or denied if the injury resulted from willful misconduct or intoxication.
What if my employer does not have workers’ compensation insurance?
If an employer fails to carry workers’ compensation insurance as required by law, the worker may file a claim with the Illinois Workers’ Compensation Commission’s Injured Workers’ Benefit Fund as established by 820 ILCS 305/4(d).
How Can the Noll Law Office Help Me?
The Lincoln, IL, workers’ compensation lawyers at the Noll Law Office are fifth-generation attorneys who are committed to helping injured workers get the benefits they need and deserve after a workplace accident. There is no fee to discuss your workers’ compensation claim with them, and if they take your case, they will seek the maximum amount of benefits available to you. Call the Noll Law Office at (217) 414-8889 or complete a contact form today.