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Work Injuries
Because it is their job to operate dangerous equipment, lift
large or heavy objects, and work high off the ground,
construction workers are at increased risk for on-the-job
injuries. However, proper safety precautions and practices can
prevent accidents and should be observed at job sites. Failure
to instate such preventative measures is not only dangerous, but
also illegal. If someone-such as a foreman-negligently causes a
preventable accident, he and his company can be held legally
liable. If defective equipment causes an injury, its
manufacturer may be held responsible. If you or a loved one has
been injured in a construction accident, our years of experience
as personal injury lawyers in Chicago mean that we may be
able to get you the compensation you deserve. Please contact one
of our personal injury lawyers today.
In 1911, the Illinois Workers' Compensation Act was enacted
by the Illinois legislature to provide financial protection
through the payment of specified benefits, to any worker who
sustains an on-the-job injury.
Every employer is responsible for providing Workers'
Compensation benefits to injured workers directly (self-insured)
or through the purchase of a Workers' Compensation insurance
policy. These benefits are provided at no cost to employees.
Every worker injured in Illinois, hired in Illinois but injured
while working in another state or injured while working in
another state for employer whose principal place of business is
in Illinois, is covered by the Act.
On-the-job injuries covered by the Illinois Workers'
Compensation Act include any injury arising out of or in the
course of employment, in addition to any injury resulting from
repetitive trauma such as Carpal Tunnel Syndrome. Also,
accidents resulting from re-injury or aggravation of a
pre-existing condition are compensable under the Act.
In exchange for receiving Workers' Compensation benefits in a
timely manner and regardless of fault, employees gave up the
right to ever sue their employers for a work-related injury.
Steps To Protect Your Right To Receive Workers'
Compensation Benefits
There are several important steps the injured worker must take
in order to protect and preserve their right to receive Workers'
compensation benefits. By following these steps, the injured
worker can greatly increase the chances of a successful outcome
of their claim.
1 - Upon sustaining an on-the-job injury, you must give
notification of the accident to someone in a supervisory
capacity within forty-five (45) days of the accident. Although
the Act provides you with forty-five (45) days to report the
accident, we strongly recommend that you give notice of the
accident to a supervisor as soon as possible. Notice can be
given to a supervisor either orally or in writing. We recommend
that you provide notice to a supervisor by completing an
accident report form. Never sign a blank accident report form
and retain a copy of the completed accident report for your
records. Failure to provide your employer with notice of your
accident could jeopardize your Workers' Compensation claim.
2 - After an on-the-job injury, you must file an
Application for Adjustment of Claim form with the Illinois
Industrial Commission within three (3) years of the date of
accident or within two (2) years from the last payment of weekly
benefits (T.T.D) whichever is later. This is known as the
Statute of Limitations. If the Application for Adjustment of
Claim form is not filed with the Illinois Industrial Commission
within the Statute of Limitations, you will loose all the rights
and benefits provided by the Act. Remember, filling out an
accident report form is not considered filing of your claim with
the Illinois Industrial commission.
3 - After reporting your on-the-job injury to your
supervisor, you may be contacted by your employer's Workers'
Compensation insurance carrier requesting a statement detailing
the circumstances of your accident. The Act does not require you
to give a statement in order to receive Workers' Compensation
benefits. Furthermore, any statement can be used against you by
the insurance company to dispute your claim for Workers'
Compensation benefits.
The Federal Employer's Liability Act (F.E.L.A.) was enacted
by Congress in 1908 to provide benefits for railroad workers who
sustain injuries in the scope of their employment. Unlike state
Worker's Compensation laws which provide benefits on a no-fault
basis, F.E.L.A. is based on the principles of fault. To recover
damages in this type of claim, the injured worker must establish
that the railroad caused or in some way, contributed to the
accident. Damages to which an injured worker is entitled to
receive under F.E.L.A., are not limited.
There are three basic requirements that an injured railroad
worker must establish to recover damages under the Federal
Employer's Liability Act:
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The accident must have occurred in the course and scope of the
worker's employment with the railroad. The Act does not require
that the accident happen on railroad property, as long as the
injury occurs in the furtherance of the worker's employment.
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The railroad must be engaged in interstate commerce between two
(2) or more states. As a result of several court decisions on
this issue, almost all of the duties of railroad workers are
interpreted as being in furtherance of interstate commerce, thus
satisfying this requirement.
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The railroad must have caused or in some way contributed to the
injuries sustained by the worker.
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