After you or a loved one is injured on the job, you undoubtedly have many questions about work injury law. To help answer some of the questions you may have, the lawyers at Malman have compiled a list of some of the more commonly asked questions regarding workers’ compensation benefits.
Q: How long do I have to file my workers’ compensation claim?
A: Following your accident, you must file your claim with the Illinois Workers’ Compensation Commission within three years of your accident or two years of your last compensation payment. If your injury occurred over time and not from one definitive incident, you also have three years to file that claim.
Q: How do I go about filing my workers’ compensation claim?
A: To begin your workers’ compensation case after you are hurt on the job, you will need to file a claim with the Illinois Workers’ Compensation Commission. From there, the team will arbitrate and review the case; this means both sides will work together to voluntarily settle the case and, if that doesn’t happen, the Commission will allow an appeal. If both sides cannot settle in the appeal, the case could move to the county circuit court, and, if necessary, the Illinois Appellate and Supreme Court. To represent your case best, you may need to consultant an on-the-job injury lawyer to determine the logistics of your case.
Q: Can I draw unemployment while receiving workers’ compensation?
A: Yes. If while you are filing your workers’ compensation case, you have been or become unemployed and the case is still pending, you may draw unemployment benefits.
Q: Can I draw Social Security disability benefits while receiving workers’ compensation?
A: In some instances. If your injury disabled you from work for more than four months and you think you will be out of work for at least a year, you can file for Social Security disability benefits. An on-the-job injury lawyer can help you establish what plan of action would best suit your case.
Q: What if my loved one was killed during a work-related accident? Who would receive his or her workers’ compensation benefits?
A: If an employee dies on the job, any surviving spouse or children would be first in line to receive benefits. The spouse would have to be legally married to the deceased. The children would need to be under the age of 18, or, if they are enrolled in accredited educational institution, under the age of 25. Mentally or physically inhibited children are also eligible for the benefits.
If the employee does not have a surviving spouse or children, any direct relatives would receive the benefits; however, this would need to be determined on a case-by-case basis, and a work injury lawyer could help with this.
Having to care for your own injuries or those of a loved one as well as deal with worker’s compensation procedures can be daunting and intimidating. Worker’s compensation is a complex and overwhelming process. The nature and details of your individual case may change and complicate the process even more. A worker’s comp lawyer can better assist you in navigating the claim process.
For more information on Worker’s Compensation benefits, review the Illinois Workers’ Compensation Act.
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