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| Workers' Comp Claims FAQ |
I was injured at work. What should be my first step?
Are workers covered going to and from their place of employment?
Are all injuries at work covered?
What if I'm injured at a company social or recreational function? Is that covered too?
Doesn't the company have to hold my job open for me?
What if I return to work, but I can't do the job because of the pain?
What if my job is only partially the cause of my injury? How much will workers compensation pay?
Are injuries which appear gradually over time, or occupational diseases, covered?
My injury originally occurred with a former employer. I've re-injured the same body part. Who is responsible for my care now?
Q: I was injured at work. What should be my first step?
A: Notify your employer of the facts surrounding the accident. Seek appropriate medical care. Contact the workers' comp carrier and advise them of the claim. Depending on the severity of the injury, you may well need legal counsel to obtain the benefits that you may be entitled too.
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Q: Are workers covered going to and from their place of employment?
A: Workers are covered if the travel arises out of their employment and is in the course of the employment. If the travel is purely personal, it will not be covered.
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Q: Are all injuries at work covered?
A: Injuries which arise out of and are in the course of an employees' work are covered by the state workers' comp act. The injury must be causally connected to the employment.
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Q: What if I'm injured at a company social or recreational function? Is that covered too?
A: If your presence is required at the function, an injury would be covered. If the employee attends on a purely personal basis, then coverage would be excluded. These issues are very fact-specific and require much investigation.
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Q: Doesn't the company have to hold my job open for me?
A: Generally, the employer doesn't have to hold your job open for you. In Illinois, there is nothing in the statute that requires the job to be held for you.
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Q: What if I return to work, but I can't do the job because of the pain?
A: You should see your doctor and have him modify your work as needed. You should take the work order to the employer and have him make the necessary changes.
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Q: What if my job is only partially the cause of my injury? How much will workers compensation pay?
A: If your job is the prime cause of your inability to work, you should receive benefits. Employers take employees as they find them when hired. So if an injury at your job aggravates or accelerates your condition, the workers' comp carrier is usually liable.
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Q: Are injuries which appear gradually over time, or occupational diseases, covered?
A: Yes. These are usually repetitive motion injuries such as carpal tunnel syndrome. The law allows compensation for injuries that manifest themselves over time. Medical verification is needed to connect the work performed to the condition complained of. Occupational diseases are also covered under most states' compensation acts.
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Q: My injury originally occurred with a former employer. I've re-injured the same body part. Who is responsible for my care now?
A: The current employer is usually responsible for aggravations of pre-existing conditions. The employer hires an employee as he finds him or her, and any injury that worsens a prior condition is generally the responsibility of the new employer.
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Marc Stookal is a partner with the law firm of Nilson, Stookal, Gleason & Caputo, Ltd. in Chicago, IL. |
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