Injured My Back On The Job. What Can I Do?

 Posted on January 05, 2024 in Workers' Compensation

Most employers are required by Illinois law to have workers’ compensation in place in case of any on-the-job injury, illness, or accident. Employees may be eligible to receive medical benefits, disability benefits, and death benefits depending on the severity of the at-work injury. Employing an attorney can better help you navigate the legality of workers’ compensation for your unique case.

Injuries Covered By Workers’ Compensation

Workers’ compensation only covers injuries inflicted while on the job. So any injuries incurred while at an employee recreational event are not covered by workers’ compensation unless event attendance is mandatory.

Injuries that are covered by workers’ compensation include:

• Injuries created by excessive or repetitive use of the same body part to perform a job role
• Stroke or heart attack caused by work
• Pre-existing conditions that were made worse by actions required on the job
• Other physical complications leading to injury while at work

What An Employee Must Do To Receive Workers’ Compensation

Workers who suffer an injury on the job must:

• Seek and receive first aid immediately after suffering an injury
• Work with medical professionals to ensure recovery post-injury to return to work in a timely manner
• Inform the doctors providing treatment that the injury is work-related so that they charge the employer
• Provide the employer with the information regarding the doctor and medical facility where they are being treated for their work-related injuries

A worker looking to win their workers’ compensation claim will need to prove in court their claim is valid by:

• Showing the court the worker was employed by the employer on the date the accident occurred
• Proving the employment is what caused the injury or illness
• Notifying the employee before the deadline
• Arguing the extent of the injuries

What An Employer Must Do For An Injured Employee

Illinois law requires employers to do the following in regards to workers’ compensation:

• Post a notice on workers’ rights in plain view for all employees listing off the insurance provider, policy number, and contact information
• Keep up-to-date records of work-related injuries and illnesses
• Accidents that cause a loss of three or more workdays must be reported
• Accidents that cause a worker’s death must be reported within two days of the event taking place

The Illinois Workers’ Compensation Commission (IWCC) does not act until after an employee files an accident report. However, an employer is still responsible and required to report any incidents that result in injury, illness, or death to the IWCC.

Under no circumstances should an employer:

• Discriminate against an employee who filed an injury report
• Charge an employee for the workers’ compensation benefits

Contact a Will County, IL Personal Injury Attorney

Employees injured in a work-related incident have rights, and it is up to the employer to ensure those rights. A Joliet, IL workers’ compensation lawyer can help you file for benefits and ensure the claim is handled correctly. McNamara Phelan McSteen, LLC provides free consultations to clients looking for representation. Contact our firm at 815-727-0100 to set up an appointment.