A skilled Illinois workers’ compensation lawyer can be instrumental in helping victims get fair and absolute workers’ compensation benefits.
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Injured employees are generally entitled to workers’ compensation benefits regardless of who was at fault for a workplace accident, but employees do not always receive the benefits that they are owed. If an employer fails to provide workers’ compensation benefits following a workplace accident, the injured employee may wish to file a claim for workers’ compensation benefits with the Illinois Workers’ Compensation Commission (IWCC).
Although there are no fees to file a claim, there are certain legal and procedural requirements that must be met to successfully pursue a claim for workers’ compensation benefits. The laws and legal procedures involved with pursuing a personal injury or workers’ compensation claim can be confusing and difficult to understand. Workers’ compensation attorneys can assist victims with the preparation of workers’ compensation claims.
How Workers’ Compensation Attorneys Can Help
There are several ways that a skilled personal injury attorney can help victims protect their rights and obtain absolute compensation after a workplace accident.
- Helping victims obtain appropriate medical attention. Comprehensive medical records and the appropriate medical treatment are crucial to the success of a workers’ compensation claim or personal injury lawsuit.
- Guiding injured employees through the workers’ compensation claim process. There are a number of steps that must be taken and deadlines that must be met to achieve a successful outcome in a workers’ compensation case.
- Filing a claim with the Illinois Workers’ Compensation Commission. If the employer fails to pay full and timely workers’ compensation benefits, the employee can choose to file a claim with the Illinois Workers’ Compensation Commission. A personal injury attorney can help ensure that the application is filed correctly and within the appropriate timeframe.
- Representing victims in connection with any third-party claims. Although an injured employee is prohibited from suing his or her employer following a workplace accident, he or she may be entitled to bring a third-party cause of action against other negligent parties including, but not limited to, general contractors, manufacturers, or property owners. Chicago work injury attorneys can help determine whether victims may be entitled to additional compensation in a personal injury lawsuit against a third party.
When a work-related incident causes serious injury or illness, victims are often left to endure ongoing medical treatment resulting in accumulating costs, the inability to return to work or even care for themselves, pain, suffering and emotional trauma and more. A successful personal injury claim may allow injured workers or surviving family members to recover compensation for a multitude of expenses and damages. In many cases, victims may be entitled to recover money for medical bills, lost past and future wages, pain, and suffering, loss of consortium and other losses. In some cases, punitive damages will be awarded as well. Punitive damages are meant to punish the negligent party for his or her wrongdoing, and deter future negligent or intentional wrongdoing. A skilled workers’ compensation lawyer will thoroughly evaluate a case to help determine the amount of financial compensation an injured worker might be due.
How Workers’ Compensation Lawyers Get Paid
Most workers’ compensation lawyers get paid on a contingency fee basis, which means that they collect a portion of your final workers’ compensation settlement. Once a case has been resolved, the law firm’s fee is subtracted from the amount that the attorney collects on behalf of the victim. If no amount is recovered, the firm receives no fee. In many cases, the client is responsible for actual expenses, including court filing fees or witness fees, regardless of the outcome of the case.