Illinois Workers’ Compensation Claims: Elements that an Employee Must Prove
In order to receive Workers’ Compensation benefits in Illinois, a worker who was injured while
on the job or as a result of job-related conditions has the burden of proving:
- That the employer at issue fell under the jurisdiction (i.e. the enforcement power) of the Illinois Workers’ Compensation Act or Occupational Diseases Act;
- That the injured person and the company that hired him or her had an employer-employee relationship (as opposed to the worker being an independent contractor) at the time of the accident;
- That the worker did suffer injuries in the course of employment, or did contract an occupational disease as a result of employment-related conditions;
- That the employment conditions were responsible for causing or aggravating the injury or illness; and
- That the worker gave the employer notice of the accident or illness within a certain period of time specified by Illinois law.
However, even if the worker proves the elements above, an employer may dispute other related issues, such as the seriousness of the injuries or disabilities involved, the worker’s wages (which determine, in part, the amount of disability payments that may be
approved), the type and cost of medical treatments that the worker pursued or wants to pursue, and more.
If you have been injured while at work or due to job-related conditions in Chicago and would like to pursue a claim for Workers’ Compensation, you should contact an experienced Chicago Workers' Compensation attorney. Such an attorney would be familiar with Illinois law, the rules of evidence, previous holdings in similar cases, and the specific rules that apply at hearings before the Illinois’ Workers' Compensation Commission. Your case may very well settle without requiring protracted hearings, but it is likely to reach a better settlement if your employer knows that you have a credible attorney by your side.
If you have filed a Workers’ Compensation claim and feel that your benefits have been improperly denied, you may consult VanPopering Law Offices immediately. Please use our toll-free hotline: we'd like to talk to you to see whether we can assist you through the appeals process.
