When a person is injured while working, they may have a claim for worker’s compensation benefits. Because not all workplace injuries qualify for compensation, it is important to understand if your situation qualifies. If you have questions or if you are unsure about your injury, a skilled workers compensation lawyer can assist with helping you determine if you qualify.
In general, here are 3 basic qualifications for workers compensation:
1. You must be an employee and engaged in work duties
If you do not meet the definition of an employee, then you may be prevented from filing a claim. For example, if your relationship with the employer is that of an independent contractor, then it may be difficult to recover workers compensation benefits.
In addition, your injury must have occurred while you were engaged in your employment. This means that it must occur while you are working and doing your work duties.
2. You suffered a work-related injury or illness
To receive workers compensation benefits, you must show that your injury or illness is related to your work. For example, if you are injured at home while you are off-the-clock, then you probably will not qualify. However, if you are injured while you are working, then you may have a valid claim.
3. You must comply with the claim deadlines/procedures
To successfully recover workers compensation benefits, you must comply with the procedures required. Your claim must also be filed by a certain date after you sustain the injury. Failure to comply with these requirements could result in denial of claim. This process can be tricky, but a skilled attorney from Brian J. McManus & Associates can help you file your claim on time and make sure your case fits all of the requirements.
When we are representing someone in a workers’ compensation case, we will look to see if there is the possibility that the negligence of someone other than the employer caused the worker’s injury, leading to what is referred to as a third-party action.
For example, if our client was injured in a car accident in the course of their work, and the other driver was responsible for the accident, we would pursue the driver of the other car for recovery in addition to the workers compensation benefits.
If you have been injured in a workplace accident, then you should contact the workers compensation lawyers in Illinois right away. The sooner you get an experienced attorney on your side the better. Call our offices today at (312) 346-8210.