| At
the law offices of Kent M. Lucaccioni, Ltd., we are experienced
and dedicated to protecting the rights of workers who have
suffered injuries at work. Contact us after an accidental
injury that occurred on the job.
An injured worker must file an Application for Adjustment
of Claim with the Illinois Workers’ Compensation Commission
to protect your rights and benefits under the Worker’s
Compensation Act. If you do not file an Application for
Adjustment of Claim with the Commission your rights relating
to payment of medical bills, lost time payments or compensation
for permanent disability may be jeopardized. Having an experienced
and aggressive worker’s compensation attorney is critical
in order to secure the maximum benefits available under
the law, contact Kent M. Lucaccioni, Ltd. to schedule a
free initial consultation.
There are three (3) main areas of benefits an injured worker
may be entitled to receive under the Worker’s Compensation
Act:
Benefit No. 1:
You are entitled to have all of your reasonable and necessary
medical bills paid. You should not have to pay for medical
treatment on your own, nor should you use any personal insurance,
or union insurance plan. You should be covered 100% for
doctor and hospital bills, prescription medications, physical
therapy and, if necessary, occupational rehabilitation.
You are allowed to go to any doctor of your own choosing,
and you do not have to be treated by a doctor chosen by
your employer’s insurance company. While your insurance
company is allowed to have you examined by a doctor they
choose, their examining doctor is not allowed to treat you
without your permission and consent.
If an injured worker is permanently disabled and cannot
return to his or her former job, the Worker’s Compensation
Act requires that your employer pay for vocational rehabilitation.
In some circumstances, this could require the employer to
pay for a vocational expert who has experience in assessing
the job market and help place the injured worker in suitable
new employment. In other circumstances, vocational rehabilitation
could require the employer to pay to retrain the injured
worker for some other occupation. In some special cases,
it could mean that the employer should pay for further education.
It is important that an injured worker consult with an
attorney concerning these situations and issues. An employer
or an insurance company can dispute the nature and extent
of a worker’s injury or whether the medical bills
were reasonable and necessary.
Benefit No 2:
When a worker is disabled and cannot return to work after
an on-the-job injury, that worker is entitled to receive
weekly benefits under the Worker’s Compensation Act.
These benefits are referred to as TTD (Temporary Total Disability)
benefits. TTD benefits are paid at the rate of 2/3 of the
employee’s weekly wage average from the year before
the accident. If an employer denies payment of TTD to an
injured worker, written notice must be sent within fourteen
(14) days of the injury. If TTD benefits are not paid within
fourteen (14) days, and the employer cannot justify the
delay in payment, the employer may be subject to penalties
under the Worker’s Compensation Act.
There are different methods used to compute an injured
employee’s average weekly wage. Having an experienced
worker’s compensation attorney can increase the amount
paid in TTD benefits.
Benefit No 3:
In the case of almost every injury, an injured worker is
entitled to a lump sum settlement as compensation for the
injury itself. This lump sum settlement amount is based
upon a combination of the worker’s wages, the part
of the body injured and the seriousness of the injury. Having
an experienced, respected and aggressive worker’s
compensation attorney is critical in obtaining the maximum
settlement amount under the worker’s compensation
act.
Kent M. Lucaccioni, Ltd. with office in Chicago and Elgin,
represents injured workers throughout the State of Illinois.
The sooner you are represented, the more likely it will
be that your benefits are paid promptly, without interruption
and that you will receive the maximum compensation available
under the law. Please contact our office for a free legal
consultation or complete our case evaluation form.
Click here to fill
out our free case evaluator. |