When you are injured at work, you need to immediately seek medical treatment and advise your doctor that you were injured on the job. The insurance company will have a team of lawyers analyzing your case, so your next step should be to get an experienced attorney on your side.
Bloomington workers' compensation benefits attorney Joe McCarron went into the field of law to help people just like you — those who are injured and need an innovative and compassionate attorney to stand up for their rights. For more than 15 years Joe has served clients in Bloomington and throughout Central Illinois. He understands all of the complexities of the Workers' Compensation Law, such as those outlined below. Joe uses his knowledge and well-honed trial skills to build strong cases designed to maximize the benefits you receive.
Notification Of Workplace Injury
Following a work-related injury or disease, an employee should report his injury or disease to his or her immediate supervisor, foreman or other person in charge as soon as possible and not later than 45 days following the date of the accident. Your notification should include the:
- Date of the accident
- Time of the accident
- Place of the accident
- General description of the accident
Notice can be oral or in writing. There are several exceptions to this rule; therefore, you should contact an attorney even if you do not believe you gave notice within this time period.
Time Limits For Workers' Compensation Claims
An employee should file an Application for Benefits with the Industrial Commission not later than three years after the accident or two years after he or she stopped receiving benefits, whichever occurs later. Special time limits apply for death claims and occupational diseases. Typically, merely being off work without weekly compensation will not extend the time for filing a claim. However, there are exceptions to the general rules outlined above, so it is important to speak with an attorney who can assess your claim.
Workers' Compensation Procedure In Illinois
The Illinois Workers' Compensation Act and the rules of the Illinois Industrial Commission provide for a unique arbitration procedure. If your claim cannot be settled, it will be tried in front of an arbitrator.
After the arbitration, either party can appeal the arbitrator's decision to the Illinois Industrial Commission. A panel of three commissioners will reconsider any issues raised in the case. Although it is rare, appeals can then be made to the Circuit Court, the Appellate Court, and ultimately to the Illinois Supreme Court.