On the job injury in Chicago?You have rights and should recover benefits for lost wages, medical expenses, and also permanent partial disability under the Illinois Workers Compensation Act or Illinois Occupational Disease Act.
Your employer is required to have workers compensation insurance if you are paid $1,000.00 or more in a year, with certain exceptions.
Unless you are your own employer (you can obtain workers compensation insurance to cover yourself as a sole proprietor), you do not have to pay the premiums for workers compensation insurance that protects you at your workplace.
Your employer is required to post a large poster in your workplace, probably in the cafeteria, describing some of your basic Illinois work comp rights.
Some common exceptions include:
- Your accident was on the way to work, or on the way home from work. The "going and coming" rule most likely bars your recovery of work comp benefits. This doesn't mean you lose your rights against the negligent driver who caused the accident on your way home from work, fortunately.
- Your accident was caused because you were intoxicated while working.
A Chicago work comp lawyer can help you determine what the strengths and weaknesses of your case are, and if you even have a workers compensation case worth pursuing. Sometimes it is better to leave well enough alone and avoid the uncomfortable situations caused by filing your work comp application for a claim. A good Chicago workers comp lawyer can also let you know if you have other claims against third parties that are not covered by the Workers Compensation Act.
