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What To Do After Your Accident
The Workers’ Compensation Act places several obligations on the injured employee and the employer after an injury occurs on the job. A few of these obligations are discussed below.
- Immediate Treatment: Do not let the fear of repercussions or embarrassment keep you from getting medical attention. Ultimately, this can have great bearing on the outcome of your worker’s compensation claim. Aside from it being your legal responsibility to report your injury to your employer, you owe it to yourself to get medical attention, even if you don’t think you are seriously injured. Once the adrenaline wears off, you may feel worse then you did right after your accident. Also, there can be injuries that would otherwise not be detected until a later date if you do not get treatment.
- Reporting: Illinois law requires that your injury be reported to your employer within 45 days from the date of the injury. It is not always readily apparent that you have suffered an injury at the time of the accident or the extent of your injuries so the law allows sufficient time after the occurrence for any latent injuries to surface.
- What and Who Determines if You Qualify For Workers’ Compensation? Any injury that prevents you from doing your full time duties for a prolonged period of time, as determined by your doctor(s), entitles you to medical and compensation benefits. Your employer can’t fire you or insist you return to work unless your doctor clears you to return to work, full-time, part-time or light duty. In many cases your doctor will put restrictions on the tasks you can perform. Examples include no lifting over 10 pounds, no bending, and no standing over one hour, to name a few. In these cases your employer may either find another job for you to do or tell you to stay at home until your restrictions are lifted. Problems in this area often arise. There are specific rules that apply, and if this is your situation, it would be wise to consult an attorney to discuss the specific details of your case.
- Obligation to Your Employer: It is your responsibility to keep your employer apprised of your recovery and your anticipated return to work date. In almost all instances your employer will not allow you to return to work without documentation from your doctor stating that you are allowed to return to work and in what capacity. If the adjuster requests that you go to see their doctor for an “independent medical review,” you are required to comply. Understand this medical review is anything but independent. It is an attempt by the adjuster to justify the discontinuance of your benefits and reduce the amount of your permanency award. If the adjuster requests that you go to such an exam, it is highly recommended that you consult an attorney beforehand.
If you, or someone you love has been injured on the job and the adjuster is asking that you see their doctor, call Bob, toll free at 855-760-6746 or use our online form at RobertEdensLawOffice.com. The call is free, the advice may be priceless!