The Chicago workers’ compensation lawyers at Morici, Longo & Associates have decades of experience helping our clients navigate the sometimes quite technical requirements of the Illinois Workers’ Compensation Act. In this segment of our educational series on the rights of workers who get hurt at work, we will address the requirements for reporting an injury or illness occurring during one’s employment.
In Illinois, most employees are protected by the Illinois Workers’ Compensation Act. The statute is wide-ranging in its protections and the benefits it provides. Our lawyers have recovered hundreds of millions in payments for our clients over our more than 20-year history, but employers and their insurance companies are not always cooperative in meeting their obligations to an injured worker. Our lawyers often must insist that your rights are protected, and benefits paid.
Your Role After an Accident
An injured employee must give notice to the employer as soon as practicable. Workers can not file a claim later than 45 days after sustaining an injury arising from employment. Notice of an accident/injury must give an approximate date and place of the accident and injury, if known, and it can be given orally or in writing.
The giving of notice is jurisdictional. An employee’s failure to give notice will bar any claim for benefits that would be available under the Illinois Workers’ Compensation Act. A prompt oral report to a foreman or supervisor or a visit to a plant nurse or employer directed medical facility often occurs but are not always fully documented by the employer.
Verifying Your Report
If your employer does not document your report, it could be because they want to downplay your injury, or not report it to their workers’ compensation insurance company. The safest way to proceed is to promptly contact our office, even before making a statement to your employer. Our attorneys can make sure the report is made in the correct manner and to the correct person in the employer’s organization.
If your injury was caused in part by a third party; for example, because of defective premises, an auto collision, or on a construction site, additional reports to others may also be required. Dealing with these issues requires that you have a trained and experienced advocate on your side.
If you or someone you love suffered serious injuries in a workplace accident, we are here for you. If you’d like to schedule a free consultation with an experienced Chicago workers’ compensation attorney from Morici, Longo & Associates, please don’t hesitate to send us an email or call (312) 779-0366.