Source: Workers’ Comp in Plain English: A Breakdown of the Process for Employees | HuffPost
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Every state’s law is different. So make sure to contact me regarding Illinois law and the rights it provides injured workers. Report your injuries immediately and see a doctor right away. Make copies of everything to protect yourself. Call Dirk May at 309827-4371 to talk with an experienced Illinois Workers’ Compensation Lawyer.
This is a cautionary tale to protect the value of your Illinois Workers’ Compensation case.
The forms you complete at the beginning of your work injury are very important and may make the difference between winning and losing.
Just imagine that you have sustained a work injury and work wants you to complete forms for off work pay and an incident report.
Suppose that you complete the form and you mark it is not a work related injury, or fail to mark that it is work related.
Or suppose that you complete the doctor office form and mark that it is not work related, or fail to mark that it is work related.
The Arbitrators and Workers’ Compensation Insurance companies pay close attention to these forms.
Some people initially will fail to tell others that it is a work related injury. There may be a variety of reasons: I misunderstood. I didn’t know that a gradual onset injury over time was a really a work injury. I was afraid they would fire me. I did not know who pay the bills.
Changing your story later will lead to all kinds of trouble.
The Arbitrator and Workers’ Compensation Insurance company will often take the position that there was no work injury because you told them so at the beginning of the case.
Do yourself a favor and report all work injuries in writing, immediately.
Confused? Uncertain? Make sure to discuss it with an experienced lawyer right away. Feel free to contact Illinois Workers’ Compensation Attorney Dirk May at 309-827-4371.
Over the years I have seen a number of people with work injuries and have reviewed their medical records.
There a certain number of people who report to their medical providers that they did not know how the injury happened.
They explain to me that the reason they did not tell the doctor or hospital that it is an injury at work was because they were afraid work would be mad or they just wanted to have their own insurance handle and avoid the hassle.
I understand what these people were saying, however when they change their mind and decide to pursue a work injury case later on it becomes very difficult for them.
The Arbitrator (a workers’ compensation judge) gives great weight to what the injured worker told the doctors and emergency room personnel at the time of the accident.
The nature of the world causes suspicion so you can understand why the information given close to the time of the accident is very important.
The best practice is to tell your supervisor, co-workers, doctors, nurses, therapists, and emergency personnel how the injury happened at work and what body parts you injured.
You do not have to file a work injury application of claim, however you must leave that option open for yourself. If you do not, then most likely you have closed the door on recovering benefits under the Illinois Workers’ Compensation Act.
Injuries hurt. Call Illinois Work Comp Attorney Dirk May at 309-827-4371 to discuss the best way to help your case.
Social Security law requires that your disability payments be offset or reduced to take into account any Workers’ Compensation settlement.
This makes it very important for your Workers’ Compensation lawyer to be aware of your filing for Social Security Disability benefits.
The best situation is to use the same lawyer for both the work injury claim and the Social Security Disability claim, however if that is not possible then make sure that your Workers’ Comp lawyer talks with your Social Security attorney.
Your work comp lawyer must make sure to put special spread language approved through SSA to reduce any offset as much as allowed pursuant to SSA rules.
I have seen several Work Comp settlements that have not used this special language and the disabled workers suffers greatly as a result.
These injured workers have had their Social Security disability benefits cut off for several years.
The result is that it would have better for the injured worker to never have taken any money for the Work Comp settlement.
Make sure that you do not sign any work comp settlement contracts without having them reviewed carefully by and experienced Social Security Disability attorney.
Do you have a work comp injury and are you disabled? Feel free to contact me, Dirk May, an experienced Social Security Disability and Illinois Workers’ Compensation Attorney at 309-827-4371.