BusinessDo You Need a Lawyer to Claim Workers’ Comp?

Do You Need a Lawyer to Claim Workers’ Comp?


Workers’ compensation is designed to ensure that people can access financial compensation if they sustain an injury or develop an illness in the course of their job role. If you trip on torn carpeting in the office or sustain cuts and lacerations due to malfunctioning equipment on a construction site, for example, workers’ compensation can make sure that you don’t suffer financially as a result of the incident. 

Is Claiming Workers’ Compensation Easy?

Claiming workers’ compensation should be a relatively easy process, as you don’t need to prove that anyone else was at fault in order to substantiate your claim. In reality, however, successfully obtaining workers’ comp can be harder than you think. 

In Illinois, for example, employers are required to begin making workers’ comp payments if an employee is unable to work for at least three days due to a work-related injury, request additional information, or explain why the claim is being denied. However, if an employer fails to follow this guidance, the employee may need to take further action, such as filing a claim with the Illinois Workers’ Compensation Commission directly. 

What Can Go Wrong?

If an employer doesn’t act appropriately following a workplace accident, your workers’ comp could be delayed or not paid at all. In addition to this, any inaccuracies in the assessment of your injury could result in you being awarded less workers’ compensation than you’re entitled to. Similarly, if your medical treatment isn’t deemed ‘reasonably necessary’, its cost won’t be covered by workers’ compensation. As a result, an employee will be liable for the cost of any treatment that is inaccurately described as unnecessary. 

As so many things can go wrong with a workers’ compensation claim, it’s easy to see why so many people are choosing to hire attorneys following a workplace injury. When you seek advice from a workers’ comp Chicago lawyer, for example, you can determine what your rights are, how much workers’ comp you’re entitled to and take action against the Commission, if it’s necessary to do so. 

Obtaining Compensation from Your Employer

In most states, employers are required to have workers’ compensation insurance so that employees can obtain financial compensation if they’re affected by a workplace injury or occupational illness. Typically, workers’ comp is paid regardless of who is at fault, so you could obtain this type of compensation even if you were partly or fully to blame for the accident.

However, if your employer was negligent, for example, you may be eligible to take legal action against them directly. When employers fail to provide a safe working environment or they breach health and safety guidelines, they can be held liable for any harm that arises as a result. 

In such cases, a workplace accident attorney can help you to launch a compensation claim against your employer. With the potential to obtain a higher amount of compensation than is available via a workers’ comp claim, it’s worth seeking legal advice to determine what type of claim you’re eligible to make.  

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