Worker’s Compensation

Q.  What is Worker’s Compensation?

A.    The Illinois Worker’s Compensation Act provides help for you if you’ve been injured on the job and are unable to work as a result.  In the past, employers would pay to repair broken machinery in the workplace but, too often, fired injured workers rather than paying their work related medical costs.  Worker’s Compensation was created to correct this inequity.

Benefits begin when you are injured.  The claim itself actually forces fair payment from the employer for those injuries.  You can receive money for any injury the job causes, as well as those the job aggravates.  Your benefits aren’t affected by whose fault caused your accident.

Worker’s compensation is the only legal right available to an employee against an employer for job related injury costs.  It usually pays an amount less than would be recovered from a lawsuit.

A similar law called the Occupational Disease Act covers work related diseases.

Q.    Who is covered under Worker’s Compensation?

A.      Everyone except federal employees, some farm employees, and domestic employees are covered under the act.  If you are self-employed and you take out Worker’s Compensation Insurance you can cover yourself.

Q.     I’ve been injured…what am I required to do?

A.     You must tell your employer of the injury within 45 days.  This notice must include the date, place, and extent of injury.  It allows your employer to contact the insurance company to review medical bills and start disability payments if the injury means you can’t work.   

Give this notice to your employer in writing and keep copies for your attorney and for your own files.  When an injury or illness isn’t identified within the 45-day period, contact Mike McElvain to see if effective notice can still be given.

Don’t rely on the advice of insurance adjusters or company doctors concerning the settlement value of your claim.  They represent the company, not you.  Don’t be talked into using your group health or disability insurance coverage instead of worker’s compensation.  Worker’s compensation pays 100% on medical bills and covers disability and disfigurement which are not covered under group health insurance.

Q.  What should I do besides reporting the accident?

A.      First, get proper medical care so that you can return to work as soon as possible.  This medical care can include necessary physical, mental, or vocational rehabilitation.  Choose your physicians wisely.  Your employer is only required to pay two physicians and any referrals from those doctors.

Next, contact Mike McElvain as soon as you are physically able.  He will help you file the claim with the Illinois Industrial Commission.  This claim can be used to get a quick hearing to see that your benefits are paid promptly.  Even though a claim can be filed later (within three years of the injury, or two years from the last time off pay you received) it’s to your advantage to file the claim right away.

 There is often a disagreement between the employer and the employee over any permanent disability payment.  This issue alone can make it important to hire an attorney to see that your settlement is fair.

Q.  What benefits should I receive?

A.     Worker’s Compensation pays for all the medical care related to your injury or illness, disability pay while you can’t work, and a lump sum of money to compensate you for any permanent disability after you have recovered.

Medical Care Benefit:  Your employer must pay 100% of your medical care.  You can use two physicians and their referrals.

Temporary Disability Benefit: Payable if you miss more than three days because of your injury.

Payable 2/3 of your average weekly wage.

(This figure if often disputed.  Mike can help you receive the amount you are entitled to.)

Permanent Disability Payments:

The Illinois Worker’s Compensation Law has a formula listing the value of your body parts.  The payment will be calculated according to this formula.  (Mike will let you know the percentage of disability which you are allowed under these rules.)

You may be entitled to a permanent disability payment even if you are able to resume your former job and perform it to your employer’s satisfaction.

The rules surrounding permanent disability payments are complex.  Mike can guide you through these issues so that you understand them clearly and receive fair compensation.

Q.  What isn’t covered under worker’s compensation?

A.      Pain and suffering are not covered.  Spouses can’t receive compensation for their hardship even though they may have endured a great deal of inconvenience during and after your injury.

Q.    My employer will understand and want to help…won’t he?

A.     Even though employers and employees often disagree on the facts surrounding an accident or injury, your employer wants you to take full advantage of your worker’s compensation benefits.  The employer has paid for these benefits.  If you don’t receive your benefits, only the insurance company will profit.  The insurer may not want to pay the amount you deserve and you may have to take legal action to receive your benefits.

Representation by an attorney who knows worker’s compensation laws is often the only way an employee will be able to receive fair compensation in a timely manner.  Retaining Mike McElvain for your case will relieve a great deal of your frustration during a difficult time.

Q.   I want Mike McElvain to represent me…now what?

A.     Once you hire Mike to represent you he will take the responsibility for seeing that you receive fair compensation for your injury.  He is aggressive and you can be confident that he will protect your interests.

First, Mike will determine the correct amount the insurance company must pay for temporary disability.

Next, Mike will file the claim before the Industrial Commission (if you haven’t already filed).  This step gives you a case number and guarantees your protection under the statute of limitations.  It allows any emergency hearings to be scheduled.

Once he has helped you receive the appropriate time off benefits, your case will be held until your recovery is complete (or as complete as it ever will be).

Then, Mike will review your medical care and help determine your permanent disability.  He collects your medical records from the hospital and physicians.  The records let you know what the doctors say about your injury.  These records are critical in deciding the amount of permanent disability you will receive.  Mike will translate the medical jargon so you know all about your injury.

After you have received a medical release from your physician and you know your physical problems from your injury, Mike will evaluate your case and recommend a settlement sum.

When you have reviewed this figure and agreed on the sum, Mike will attempt to settle this case with the insurance company.  If their proposal is inadequate, Mike will try your case before an arbitrator of the Illinois Industrial Commission.

Q.  What are my responsibilities once Mike is my attorney?

A.       The most important thing for you to do is get well.  It’s better to receive 100% of your wages while working than to receive 66% of your wages while on disability!

Update Mike on both your medical and work status on a regular basis.  These guidelines may help you know what to report:

Any change in medical care by your doctor.

Any referral to another physician by your doctor.

 The date the doctor releases you to return to work.

The date the doctor releases you from care, or recommends you return only as needed.

Q.   Why should I retain Mike McElvain to help me with my worker’s compensation claim?

A.      With good counsel you will receive more in benefits than you would have if you pursued the claim on your own behalf, especially if you take in account the amount of time you would need to spend learning all the rules and regulations involved in the process.

Mike has successfully helped workers receive fair worker’s compensation benefits for 30 years.  He’s on your side.  He does not represent insurance companies.  Mike gives you clear explanations of your benefits.  He prepares you to make the necessary, intelligent decisions which will get you the benefits you have coming.  Mike McElvain is aggressive in front of a panel, a judge, or as jury when a hearing is required on your case.

Life’s tough.  When you’ve been hurt and are unable to work, getting well and providing financially for your family are a big source of pressure!  Mike will help you get the money you are owed.  His assistance will reduce the stress which comes with an injury.

If you’ve been hurt on the job, call Mike McElvain today to see if he can help you.