How to Increase Your Chances of Getting Workers’ Compensation Benefits

Thursday, April 2, 2015

How to Increase Your Chances of Getting Workers’ Compensation Benefits

Written by Malman Law, reviewed by Steve J. Malman.

If you have suffered a workplace injury, you may be entitled to workers’ compensation benefits. These benefits cover your medical expenses and lost wages – and if handled properly, entitle you to lump sum compensation.

What You Can do to Increase Your Chances of Receiving Workers’ Compensation

Here are some tips for making sure you will be able to obtain worker’s compensation benefits for a work-related injury:

• Report the incident as soon as possible – Always report workplace accidents as soon as possible after they occur. Delays can lead to evidence being lost, fuzzy memories, and questions about why you didn’t report your injuries sooner.
• Seek immediate medical treatment – Your first priority should be making sure you get the medical care you need. However, seeing a doctor promptly also helps with your workers’ compensation claim by building a record of the cause and extent of your injuries. You should also attend all follow-up appointments and adhere to your doctor’s medical advice.
• Be clear, concise, and consistent in describing the incident – When speaking to your coworkers, bosses, doctors, and others about the incident, make sure that you always accurately describe what happened and how you got hurt. Any inconsistencies (even if erroneous or unintentional) can call the validity of your workers’ comp claim into question.
• Avoid speaking with the insurance company – The insurance company will try to get you to provide a recorded statement, but you should resist doing so. The insurance company will only try to use your words against you. Be open and honest with your doctor and lawyer, and your lawyer will be able to speak with the insurance company on your behalf.

What You Can Expect from Your Workers’ Compensation Lawyer

Of course, your lawyer needs to step up as well. In a worker’s compensation case, your lawyer should:

• Develop a record of evidence that is strong enough to win your claim – The success or failure of a workers’ compensation claim depends on the evidence at hand. Your lawyer should work diligently to build a thorough record of all of the evidence available in your case. This includes obtaining your medical records, speaking with witnesses, investigating the scene of the accident, and obtaining a copy of the accident report.
• Structure a settlement that provides maximum compensation for your claim – Worker’s compensation claims are often settled through insurance. Your attorney should be well-versed in the strategies and procedures for maximizing the value of worker’s comp insurance settlements.
• Be prepared to take your case court – If a fair settlement isn’t on the table, your attorney should be ready, willing and able to take your case to the Illinois Worker’s Compensation Commission or to court to fight for the compensation you deserve.

Contact the Chicago Law Offices of Malman Law

If you have been injured on the job, call Malman Law at (888) 625-6265 or fill out our online FREE case evaluation. The consultation is free, and you pay nothing unless we win your case.