Q: It's been 2 years since my sever laceration. Is my employer required to offer a settlement?
While programming a machine at work that had a problem with the controller, I was severely lacerated on my left hand requiring 17 stitches. I returned to work the next day under light duty. I was under doctors care for 6 month and still have problems with numbness in my thumb and 2 fingers. Is my work required to offer a worker's comp settlement under Illinois law or do I have to pursue it. Thank you.
A:
Your employer has no obligation to offer you money. If they do offer money, it will likely be far less than your claim is worth. Your claim has NOT been filed with the Illinois Workers' Compensation Commission unless you filed it or hired an attorney to do so. If your claim is not filed with the Commission within 3 years, you may lose the right to file your claim and your employer may not be responsible even for future medical care.
The only way to protect your rights is to hire an attorney ASAP.
For Illinois Workers' Compensation claims, you will ALWAYS cheat yourself if you do not hire experienced counsel. You will have someone to guide you through the process AND when it is time to settle, an attorney can add value to your case IN EXCESS of his fee. In the last few years, employers also seek to advance the argument that when you settle a case without an attorney, your already low settlement should be further reduced by 20% so that you do not get a “windfall.” Representing yourself in Illinois is a lose-lose proposition. When you are represented, you have fewer headaches AND you get more money. It really is a no-brainer.
You can find an experienced Workers' Compensation attorney here on JUSTIA. Attorneys on JUSTIA want to help you but we are not permitted to solicit your business. You must contact us.
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