How to File a Work Injury Claim in Chicago

Published on: 03/05/24 — In 

If you have sustained a work-related injury in Chicago, Illinois, you may be eligible for workers’ compensation benefits. To file a work injury claim in Chicago, several steps need to be taken.

First, you should report your injury to your employer as soon as possible. You should also seek immediate attention for your medical condition if needed. Once the injury has been reported, your employer should provide you with a “Notice of Injury” form. This form must be completed and returned to the Illinois Workers’ Compensation Commission (IWCC) within 45 days of the injury.

The next step is to complete a workers’ compensation insurance company application. This can be done through an online form or by mail. To complete the application, you will need to provide information such as your contact information, employer’s name and address, date of injury, and a description of the injury.

After applying, the IWCC will review your compensation coverage case and determine if you are eligible for benefits. If approved, you may receive medical benefits to cover the cost of medical expenses and treatment related to your injury. You may also be eligible for weekly wage replacement if you are unable to work due to your injury.

If you have any additional questions or concerns about filing a work injury claim in Chicago, you must contact an experienced workers’ compensation lawyer for more information and guidance.

Ktenas' experienced Chicago workers comp lawyers can help ensure that your rights are protected throughout the compensation insurance benefits process and can provide assistance with filing a compensation claim denial if necessary. Call us at (312) 300-2515 to schedule a free consultation and start your case.

Report the Incident

If you have suffered a workplace injury in Chicago, it is important to report the incident as soon as possible. Generally, employers must be notified of an injury within 45 days for employees to be eligible for benefits under the Illinois Workers’ Compensation Act. You should inform your employer of the circumstances surrounding your injury as well as how and when it occurred.

If you are unable to report the incident yourself, you can have someone else report it for you. This can be a co-worker, family member, or friend. Once the report is made, your employer should provide you with a compensation insurance coverage claim form that must be completed and submitted.

Seek Medical Treatment

If you have sustained a work injury in Chicago, it is important to seek medical treatment and get the care you need as soon as possible. This can help not only ensure your health and safety but also strengthen your workers’ compensation claim.

Keeping records of visits to healthcare professionals for your injury is important. This includes noting the date of the visit, the diagnosis, and any treatments or medications prescribed.

a gavel, cash, and a calculator on a desk

When receiving physical therapy, it is important to document any diagnoses, dates, and treatments to ensure that you receive the maximum compensation and disability benefits.

Seek a Lawyer

When filing a work injury claim in Chicago, it is important to seek the advice of an experienced attorney. An experienced work injury attorney can help ensure that you as an injury victim understand all of your legal rights under compensation law and obligations and can provide guidance throughout the entire compensation litigation process.

A personal injury lawyer can review your case, whether it involves repetitive stress leading to a permanent disability or any other circumstances, and guide the most suitable course of action for your specific situation.

They will also be able to help negotiate with insurance companies, compensation adjustors, and employers to make sure that you get the financial compensation you are entitled to.

The attorneys at Ktenas Injury Attorneys have years of experience helping injured workers in Chicago receive the compensation payment they deserve for their work-related injuries. 

FAQs About Workers Compensation

Workers' compensation is insurance for employees who are injured or become ill on the job. It covers medical treatment, wage replacement, and other benefits. Employers are usually required by law in most states, and they pay the premiums for this coverage.

A workers' compensation claim generally covers any injury or illness related to and occurring during employment, including accidents and illnesses caused by exposure.

How Long Do I Have to File a Workers Comp Claim in Illinois?

If you have been injured while working in the state of Illinois, it’s important to understand your rights and how long you have to file a workers compensation claim. Typically, an employee has 45 days from the date of the injury to report and file a work-related injury claim with their employer, regardless of the type or severity of the injury be it foot or lung injuries or fatal workplace injuries.

At this time, the employer must notify their worker's compensation insurance carrier that an injury has occurred. The insurance carrier then has 14 days to accept responsibility for the claim or deny it. If the claim is accepted, the employee is eligible for medical and wage benefits.

If a claim is denied, the employee may have up to 3 years from the date of injury to file an appeal with the Illinois Workers’ Compensation Commission. It’s important to note that this timeline can vary depending on the facts of the case. If you have been injured on the job, it’s best to contact a qualified workers' compensation attorney to discuss your options.

Will Workers Comp Pay My Medical Bills?

If you have been injured at work in Chicago, the Illinois Workers’ Compensation Act (IWCA) requires your employer to pay your medical bills resulting from a work-related injury. The IWCA also provides wage replacement payments to you if you are unable to work due to an injury or illness caused by work activities.

a man with an arm injury filling out a work incident report

When filing a claim for workers’ compensation benefits, you should contact a qualified lawyer to help ensure that your rights are protected and that you receive the full amount of benefits to which you are entitled. An experienced workers’ compensation attorney can advise you on what types of medical and wage replacement payments are available under the IWCA.

Can I Choose My Own Doctor?

In Chicago, you have the right to choose your doctor for a work-related injury or illness. However, if your employer has an approved list of doctors that are available for work-related injuries, then you must select a doctor from the list.

It is important to understand that you may need to wait longer for an appointment and receive less comprehensive medical care from these providers than if you had selected your doctor. Additionally, if you select a doctor not on the employer’s list, you may be responsible for the full cost of your medical care.

What to Do if Your Workers' Comp Claim Is Denied

If your workers' comp claim is denied in the Chicago area, it can be a difficult situation to navigate. It's important to understand your rights and options after a denial so that you can work towards getting the compensation that you deserve. Here are some steps to take if your Chicago workers' comp claim has been denied:

  1. Understand Your Denial Notice: The first step is to understand the reason why your claim was denied. The denial notice should provide you with details about why the claim was rejected, such as insufficient evidence or medical records.
  2. Gather Supporting Documentation: Once you understand why your claim was denied, work to gather any additional documentation that could support your case. This could include medical records, witness statements, photographs of the accident scene, and more.
  3. Appeal the Denial: If your claim has been denied, you should consider filing an appeal with the Illinois Workers’ Compensation Commission. This is a formal process and you will need legal representation to ensure that your rights are properly protected throughout the process.
  4. Contact Your Employer: If your employer is responsible for workers’ compensation insurance, contact them to inquire if there is any other information they may have that could help your appeal.

Following these steps can help you get the workers’ compensation benefits that you are entitled to in the Chicago area. If you encounter any issues or need additional help, contact an experienced personal injury attorney from Ktenas Injury Attorneys. Contact us today for a free consultation.