Do I Qualify for Workers’ Compensation Benefits in Illinois?

If you’ve been injured at work or developed a medical condition due to your job, you may be wondering whether you qualify for workers’ compensation benefits. It’s a reasonable question, and not always one with a straightforward answer. Many injured workers are hesitant to come forward, either because they’re unsure of their eligibility or because they fear employer retaliation. The truth is, Illinois workers’ compensation law is designed to protect employees in a wide range of circumstances. Continue reading and reach out to a seasoned Illinois workers’ compensation lawyer from The Law Firm of Kevin A. Moore to learn whether you will qualify for benefits. Here are some of the questions you may have:

What types of injuries are covered by workers’ compensation?

Workers’ compensation covers more than just dramatic injuries like falls, machinery accidents, or lifting injuries. While those are certainly included, the law also applies to repetitive stress injuries, occupational diseases, and even psychological conditions that arise from job-related trauma in some cases. Carpal tunnel syndrome from typing, a herniated disc from repetitive lifting, or lung issues due to exposure to toxic substances can all qualify. If the injury or condition was caused in whole or in part by your job duties, it may be compensable. You do not have to prove that your employer was negligent, only that your injury arose out of and in the course of your employment.

Am I considered an “employee” under Illinois law?

This question is more important than many people realize. In Illinois, most workers are considered employees under the law, including full-time, part-time, seasonal, and even some temporary workers. Independent contractors are generally not covered, but that line can be blurry. Sometimes, people who have been classified as independent contractors are actually employees under the legal definition and are therefore entitled to benefits. If you’re unsure which category you fall into, it’s a good idea to speak with an experienced attorney who can analyze the specifics of your working relationship and advise you accordingly.

What should I do if I think I qualify?

First and foremost, notify your employer of your injury as soon as possible. In Illinois, you have 45 days from the date of your injury (or from when you realized your condition is work-related) to report it. The sooner you report it, the stronger your case may be. After you notify your employer, they should provide you with information on how to proceed, including which doctor you may see and how to file your claim. You are also allowed to choose your own physician under Illinois law, within certain guidelines. Keep all documentation, medical records, and correspondence related to your injury. These can play a key role in the success of your claim.

If your benefits are delayed, denied, or cut off too soon, that doesn’t mean you’re out of options. Many claims are challenged by insurance companies, even when they are legitimate. A workers’ compensation attorney can step in to protect your rights and ensure you receive the wage loss benefits, medical treatment, and support you’re entitled to.

If you have further questions or wish to speak with a seasoned workers’ compensation lawyer about your case, simply contact The Law Firm of Kevin A. Moore for a free consultation today.