Earlier this week the Fox Valley Law Center workers’ compensation attorney appeared on the monthly Fox Valley Law Center Update podcast to talk about common questions and answers when someone is injured on the job. Attorney Marker talked about several common misconceptions about workers’ compensation cases and how attorneys help clients who are injured and cannot work.
This article is a summary of some of the points Mr. Marker raised in the podcast interview. After you read this article, you can click here to listen to Workers’ Compensation Law with Jason Marker.
Fault is not factor if you are injured at work. People frequently assume that workers’ compensation law only applies if your employer was negligent. This is not true; workers compensation insurance policies cover any injuries employees experience on the job, regardless of fault. The injury must arise out of the scope of employment, meaning you need to be at work and doing your job where and when you are injured. Every case is worth something when you are injured on the job in Illinois.
You can receive payment for your medical expenses related to the injury, payment for time off work and payment at the end of your case, for the permanency of the injury. There are different settlement options you can accept including a standard settlement or wage differential, if you don’t get back to work. Listen to the podcast to learn more!
No attorney fees are necessary to start a case. State statutes control the fees attorneys are paid to represent clients in workers’ compensation cases. The current law sets fees for attorneys at 20 percent of the victim’s recovery for their injuries. Additionally, the law firm will pay for specific costs of obtaining medical records and similar costs. It is important to obtain all the proper insurance information from your employer right away when you are injured.
Know when you should see a physician. When you first visit your physician, you will need to give them your employer’s insurance information to pre-approve your treatment.
Your employer cannot fire you for filing a workers’ compensation claim. The law protects employees who file workers’ compensation claims. If your employer fires you for filing a claim, you can sue the employer for what is called retaliatory discharge. Jason Marker notes that you only have 45 days to file a claim for workers’ compensation.
To talk to an attorney about a workplace injury please call and make an appointment at the Fox Valley Law Center by dialing 630-236-2222 or simply stop in and see us at our office conveniently located at the second floor of the Westfield Fox Valley Mall in Aurora. We’re here during mall hours. You can also learn more about our firm when you “Like” us on Facebook and “Follow” us on Twitter!