Worker’s Compensation Claims
The compensation of workers who are injured or suffer an illness during the course and scope of their employment is governed by the Workers Compensation Act. Every fifty states and the federal government has its own Workers Compensation Act designed to give employees a remedy of fixed monetary compensation for “on-the-job injuries.”
In addition to paying medical expenses and wages based on a set formula, additional employee compensation for injuries is covered under the Workers Compensation Act. An employee may be entitled to an award for the total permanent disability percentage of the injured body part, ranging from a minor finger injury to an accident resulting in the employee’s death. An award for a certain amount of weeks is recovered based on the severity of the disability, the body part injured, and the employee’s salary at the time of occurrence.
Other Worker’s Compensation benefits include vocational rehabilitation, reinstatement to a previous position, and reassignment to appropriate employment duties. It is essential to seek the advice of an experienced Workers’ Compensation attorney if you are injured at work. There may also be third-party claims involved in an accident, such as product liability and the negligence of contributing parties.
Remember that your employer is prohibited by law from retaliating against you for filing a Worker’s Compensation claim.
If you are injured on the job, contact Tuohy Law Offices immediately to preserve your rights. Call us at (312) 559-8400 or email us.
Accident or Injury at Work
What to Do
- Report every accident immediately
- Contact Tuohy Law Offices immediately
- Fill out a written accident report promptly
- Seek medical attention the same day
- Contact your union representative the same day
- If the incident was not your fault, you may have an additional 3rd party recovery
- Discuss with your Tuohy Law Offices attorney ASAP
Your Workers Bill of Rights
- Report Regardless of how severe your injury may be, report your accident. Keep a record of anyone you speak to regarding your incident.
- Medical attention Generally, you can choose any physician you want to see or anyone that physician refers you to. It still only counts as one choice. Emergency rooms and company clinics do not count as your choice of physician. You may go if your company directs you to a company or occupational clinic. However, you still have the option of your physician regardless of what the occupational or company clinic prescribes for you.
- Unable to Work If you cannot work, provide your company with documentation from your doctor stating you cannot work. On your doctor’s report, you are then entitled to temporary total disability benefits to cover any payments you miss while you are unable to work.
- Work with Restrictions If you can work with restrictions, provide these restrictions to your company, and your company must either accommodate these restrictions or pay you to remain off work until you can return to work whole duty.
- Settlement Award Once you complete all of your medical treatment and you can return to work earning what you earned before your injury, you will be entitled to a settlement or trial award for your injuries.
- Unable to Return to Work If you cannot return to work, your company has to assist you in finding alternative employment. If you earn less than what you earned before your injury, you are entitled to 2/3 of the difference between what you could have made before and your reduced income due to your work injury.
- Unable to Work at Any Employment If you cannot return to any employment, your company must pay you 2/3 of your pre-injury salary tax-free for life.
- Legal Representation You are entitled to legal representation. Having an attorney protects your rights and is your best opportunity for maximum recovery. Contact our office as soon as possible after your accident so that we may initiate a claim on your behalf through your company’s workers’ compensation insurance carrier.
Download Your Worker Bill of Rights Here