East Saint Louis, IL asked in Workers' Compensation for Illinois

Q: If you are injured on th job and your employer does not file protocol are they breaking the law in regard to workers com

If you are at work and hurt your back and notify you manager immediately and they give you some aspirin and muscle rub send send you home with time off without pay instead of workers compensation then you are unable to work a d they se d you to a doctor a d the doctor send them a written notice stating you are unable to work. The employer still would not put you on workers compensation your insurance finds out that you were injured on the job so they won't pay u less your employer files you under wokers compensation and use up all their resources first. Your in constant babk pain what do you do. This person saw two doctors that both said he should not return back to work without proper medical care. The doctors did prescribe muscle relaxers, told the person to take pai pills for the pai also and to use cold and hot packs to reduce swelling and soreness. The employer insurance refuses to give the person income, medical care and now they have no income after years of service.

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1 Lawyer Answer
Charles Candiano
Charles Candiano
  • Workers' Compensation Lawyer
  • Chicago, IL
  • Licensed in Illinois

A: The person who was injured is foolishly trying to handle this matter without hiring an attorney. The injured worker doesn't even realize that reporting his work injury to his employer does NOT give him any rights. To be clear, you must report the injury to your employer within 45 days but you have no rights to enforce until you file your claim with the Illinois Worker's Compensation Commission. Any Worker's Compensation attorney will be happy to do this on your behalf. Worker's Compensation attorneys take matters on contingency. That means that you pay absolutely nothing until your case is tried or settled. Even then, Illinois statute sets the maximum fee at 20%. You must pay that fee whether you hire the attorney the day before you settle the case or the day you are injured.

Back injuries are especially difficult without an attorney to guide you because the care may be convoluted, it may or may not require surgery, and either way, you are likely to have significant restrictions on your abilities for a long time or even, indefinitely. On your facts, your employer is liable for penalties of at least $30 per day and potentially much more but they are not liable until you or your attorney demand your rights under the statute. As noted above, you have no rights under the statute until you file a claim with the Illinois Worker's Compensation Commission.

Hire an experienced Worker's Compensation attorney near you ASAP. Nothing happens quickly at the Illinois Worker's Compensation Commission and it's foolish to wait until you already have a crisis to begin the process. The only guarantee you have is that the longer you wait to begin the process, the longer it will take for the Commission to act. Good luck.

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