Getting injured on the job is a worrying and uncertain time for many working men and women. The Illinois Workers’ Compensation Act is designed to protect injured workers when they’ve been hurt on the job and need medical treatment. Based on my 28 years of experience in handling these claims, I’ve narrowed down the top three things you must do immediately after you are hurt on the job in Illinois.
Here’s What to Do After You Were Injured at Work in Illinois
#1: Report Your Injury to Your Employer Within 45 Days
The Illinois Workers Compensation Act requires that employees injured on the job report their injury to a supervisor within 45 days of the date of the injury. However, the further in time from the occurrence, the greater the likelihood that the injured worker will meet resistance from the employer or the employer’s insurance carrier.
It is our strong recommendation that anyone who has been hurt on the job immediately notify their supervisor that they have suffered an injury, no matter how small the injury may be. The law does not require that the notice be written, nor that it be recorded. A simple, “Hey, I hurt my (leg back, knee, shoulder) here. I think I’ll be okay but I just wanted to let you know,” is sufficient under the Act.
We have represented injured workers in multiple cases where a worker injures himself and initially thinks nothing of it. However, within a few days, the worker notices the injury is far more severe than they immediately thought and they notify the employer. This can raise suspicions on the part of the employer’s insurance carrier that the injured employee may have hurt themselves somewhere else.
Our recommendation to you is to report. Report. Report. Report. Report to protect yourself. Report to protect your family.
#2: Document Your Work Injury
It is important to document your injury or the source of your injury. Take a photo of the instrument or location in which you are injured. Inform a coworker that you have just been hurt, so that if they are called on they recall that you notified them that you hurt yourself. Ask for a copy of any paperwork that the employer makes you fill out at the time of the injury.
Although the Act does not require written notice of the injury, many employers do. Quite often a written report is filled out by the supervisor and the employee is required to sign it. In that circumstance, study the document closely before signing and make sure that it is accurate. Ask to take a picture of the document
#3: Seek Medical Care Immediately
The longer you wait to seek medical care, the greater likelihood you are to meet resistance from your employer or your employer’s insurance company. This can result in you sitting at home for months without any income.
We have had numerous cases where a worker injures themselves on a Friday, thinks nothing of it, and does not report it. When the worker attempts to return to work Monday, they realize that they can’t move because their condition is a far worse condition than they realized. This is more common than you think.
The worker then contacts their employer and notifies them that they were injured on Friday but thought nothing of it. In that set of circumstances, the insurance carrier for the employer automatically assumes that the injured worker must have done something over the weekend, on their personal time, and now is trying to run it through the worker’s compensation system. Seeking immediate medical treatment may help alleviate some of these initial concerns.
The individuals that you encounter when you’ve been hurt on the job, such as an insurance adjuster, claim handler, or nurse case manager, are professionals who do this all day, every day. Their job is to save the insurance company money. In most instances, that is directly opposite to your best interest.
If you’ve been hurt on the job we strongly recommend that you seek counsel immediately so that you can level the playing field and protect the rights of you and your family. Contact us at (312) 578-9501 to schedule a free consultation.
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