Suffering a workplace injury can leave you facing medical bills, lost wages, and uncertainty about your future. While Illinois workers’ compensation laws are designed to provide financial relief, many injured workers don’t receive the full benefits they’re entitled to, often because they’re unaware of their rights or make simple mistakes during the claims process.
At Illinois Workers’ Comp Lawyers, we help injured workers navigate the system and fight for the maximum compensation available. Whether you’re just starting your claim or dealing with delays and disputes, here’s what you can do to maximize your workers’ compensation benefits.
Report Your Injury Immediately
Timing is critical when it comes to workers’ compensation. Illinois law requires you to report your injury to your employer within 45 days of the accident. While that may seem like plenty of time, waiting too long can raise questions about the legitimacy of your claim.
A delayed report can give the insurance company a reason to argue that your injury wasn’t serious or wasn’t work-related. The sooner you notify your employer, preferably in writing, the stronger your case will be.
If your employer discourages you from filing a report or fails to take action, legal support can ensure your rights are protected.
Get Prompt and Consistent Medical Treatment
Seeking medical care as soon as possible is one of the most important steps you can take to maximize your benefits. Your medical records serve as key evidence in your claim, showing the severity of your injury and the treatments required for recovery.
Additionally, Illinois law allows you to choose your own doctor rather than relying solely on your employer’s recommendations. Getting a second opinion can sometimes lead to a more accurate diagnosis and better treatment options.
Following all medical advice, including attending follow-up appointments and therapy sessions, is essential. If you skip treatments, the insurance company may argue that you’ve recovered and attempt to cut off your benefits.
File an Official Claim with the Illinois Workers’ Compensation Commission (IWCC)
Many injured workers assume that notifying their employer is enough, but to fully protect their rights, they must also file an Application for Adjustment of Claim with the Illinois Workers’ Compensation Commission (IWCC).
You have three years from the date of injury or two years from the last payment of benefits to file. However, filing early can help move your case forward more quickly and reduce the risk of a dispute later on.
Understand the Full Scope of Your Benefits
Workers’ compensation benefits in Illinois cover more than just medical bills. Depending on the severity of your injury, you may be eligible for:
- Temporary Total Disability (TTD): If you’re unable to work while recovering, you may receive two-thirds of your average weekly wage.
- Permanent Partial Disability (PPD) or Permanent Total Disability (PTD): If your injury results in lasting impairment, you may qualify for ongoing payments.
- Vocational Rehabilitation: If you can’t return to your previous job, workers’ comp may cover training for a new position.
- Lump-Sum Settlements: In some cases, a settlement may be negotiated instead of ongoing payments.
Understanding all of the benefits available to you can ensure that you receive everything you’re entitled to rather than settling for less.
Be Cautious About Insurance Company Tactics
Insurance companies routinely look for ways to minimize payouts by disputing injuries, downplaying their severity, or offering low settlements. Some common tactics include:
- Delaying medical approvals in the hopes you’ll give up.
- Arguing that your injury was pre-existing and not caused by work.
- Monitoring your activities (including social media) to claim you’re not as injured as you say.
If an insurer offers you a quick settlement, be careful; this amount is often much lower than what you truly deserve. Speaking with a lawyer before accepting any offer can help ensure you don’t agree to less than you need for long-term recovery.
Contact Illinois Workers’ Comp Lawyers Today
Maximizing your workers’ compensation benefits isn’t just about filing a claim, it’s about understanding your rights, avoiding common mistakes, and standing up to insurance companies that may try to limit your payout. At Illinois Workers’ Comp Lawyers, we help injured workers secure the full compensation they need to recover and move forward.
If you’re struggling with your claim or unsure if you’re receiving everything you deserve, contact us today for a consultation. We’re here to fight for your rights and ensure you get the maximum benefits available under Illinois law.
