Find Answers to your Workers’ Compensation Questions
Question: What is workers’ compensation?
Answer: Workers’ compensation is a form of insurance that provides financial compensation and other benefits to employees who are injured on the job and employees that have developed a serious illness due to the workplace. Workers’ comp laws help protect workers from lost wages due to work injuries.
Question: What does workers’ compensation cover?
Answer: In the State of Illinois, all workers are covered by workers’ comp laws and entitled to benefits for almost all accidental injuries that are caused by the workplace. Also, Illinois workers may be entitled to compensation if the workplace aggravates any pre-existing conditions. In Missouri, a work injury qualifies for benefits if work activity directly caused the injury or illness.
Question: How long do I have to report a claim?
Answer: In all cases, injured workers are required to notify the employer of the injury within a certain amount of time. Waiting to notify could mean the forfeiture of benefits. Additionally, in the State of Illinois, workers must notify the employer within 45 days of any work injury. In Missouri, workers only have 30 days to notify the employer of the injury.
Question: Who pays for my medical care?
Answer: In, both, Illinois and Missouri, the employer pays the medical expenses from the injury. However, in Illinois, the worker has the right to choose their own treating physician. In Missouri, the worker must be treated by a physician of the employer’s choosing.
Question: Can I be fired for making a claim?
Answer: Illinois and Missouri law expressly prohibits any backlash on the part of the employer for making a workers’ compensation claim. No worker should be fired, suspended, or otherwise disciplined for simply making a workers’ comp claim.
Question: How much in benefits can I receive?
Answer: The amount of benefits you receive depends on the severity and nature of your specific injury. However, temporary disability payments are paid at two-thirds of your average weekly wage in Illinois and Missouri. Permanent injuries are paid in a lump sum or over a period of time and benefits depend on the injury and hardship it has caused you.
Question: What type of benefits are available?
Answer: In Illinois and Missouri, benefits may be paid for medical treatments, temporary total disability, temporary partial disability, permanent total disability, or permanent partial disability. Read more on the different types of benefits here.
Question: What if my claim is denied?
Answer: If your claim is denied, this isn’t the end of your battle. Brunton Law will file the proper paperwork with the Workers’ Compensation Commission to schedule a hearing and prove the your injury or illness is worth the benefits you seek. We fight for maximum compensation!
Question: When do I go back to work?
Answer: You will return to work when a board-certified physician deems you physically and mentally fit to resume your job duties.
Question: What happens if I can’t go back to work?
Answer: If you’re physically unable to return to work, you may be entitled to permanent disability payments or vocational training to secure new employment. Additionally, if you earn less at your new job, you may be entitled to a wage differential to offset lost wages. Please contact a lawyer for more details about the workers’ comp benefits.
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