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How to Win Your Workers’ Compensation Claim

Casey Woodruff

undefinedWhat should you do if you have been injured on the job? You’ll need to file a workers’ compensation claim, and it’s essential that you take the proper steps in order to be eligible. You should always discuss your case with an experienced Aurora workers’ compensation attorney before making any decisions about your case. At Woodruff Johnson & Evans Law Offices, we have years of experience assisting injured employees with their Illinois workers’ compensation claims and can speak with you about your options.

In the meantime, it’s important to understand the requirements of a successful workers’ compensation claim. We have some tips for you to consider closely.

Report Your Injury as Soon as Possible

Workers’ compensation claims in Aurora are governed by the Illinois Workers’ Compensation Act (820 ILCS 305/). Under Illinois law, employees who suffer injuries at work are required to notify their employers as soon as possible. The requirements for providing notice of the injury include:

  • An oral or written notice that includes the approximate date and location of the accident, if it’s known to the employee;
  • Employee is required to notify his or her employer as soon as practicable, but notice must come “no later than 45 days after the accident”; and
  • For employees seeking workers’ compensation benefits for an occupational disease, they must provide notice to the employer as soon as practicable after learning about the condition.

If an injured worker doesn’t provide notice to his or her employer within 45 days of the accident, benefits can be delayed, and the employee can risk eligibility for benefits. In other words, if you get hurt at work, the most important step in winning your claim is to report your injury to your supervisor as soon as possible and with as many details about the accident as possible.

Acquire Evidence for Your Case

While it’s important that you prepare your workers’ compensation claim with the assistance of an experienced injury attorney, you should also ensure that you get the evidence you need to win your case. What might this involve? First, get the names of any people at work who witnessed your accident, and ask them to detail their observations. In order to win your workers’ compensation claim, you may need to have support from witnesses who can testify about the nature and severity of your accident.

You should also seek medical treatment for your injuries as soon as possible. If your injury is severe enough that you’ll need to miss work, then it’s certainly serious enough that you’ll need medical attention. By seeking a diagnosis and receiving treatment from your healthcare provider, you’ll have evidence proving the nature and severity of your injuries. This information can be essential when you’re seeking insurance benefits such as those provided through workers’ compensation.

Finally, you should give an accurate history of the work accident to all of your doctors.  Failing to give your doctor an accident history or giving an inaccurate history of how the work accident occurred can be fatal to your claim.  If there are discrepancies between the accident report and initial medical records, the insurer will likely deny your claim.

Discuss Your Case with an Experienced Naperville Injury Attorney

Workers’ compensation claims can be complicated. It’s often difficult to know whether you’ve taken all of the necessary steps to obtain compensation, particularly when you’re trying to recover from a serious injury. The dedicated Aurora workers’ compensation attorneys at Woodruff Johnson & Evans Law Offices can take a close look at your case today and can advocate for your rights to workers’ compensation benefits. Contact us to learn more about how we can help with your case.

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