Why You Should Speak with an Attorney Before Filing a Workers' Compensation Claim

Last updated 2 months ago

Workers’ compensation is part of a state program administered by the Illinois Workers’ Compensation Commission. This compensation is designed to pay benefits to Illinois employees who have sustained job-related injuries or diseases, regardless of fault. However, workers’ compensation claims don’t always go smoothly. Read on to learn why you should speak with an injury attorney before filing your workers’ compensation claim:

Negotiating with Insurance Companies

Employers are legally responsible for the cost of workers’ compensation. A few employers are self-insured, but most buy commercial workers’ compensation insurance. When an employee suffers an injury, the insurance company pays the benefits on the employer’s behalf. Whenever an insurance company is involved, you should presume that the company does not have your best interests at heart, and are more concerned with profits. An attorney, on the other hand, benefits from your success in the claims process.

Recovering the Necessary Compensation

If you and your employer reach an agreement, it must be approved by the Commission before it is legally binding. Once the settlement contract is approved, you are generally precluded from recovering any more benefits for your injuries. This is true even if your condition worsens, so it is important to have an injury attorney who can obtain a settlement that keeps your benefits open.

Exploring Your Legal Options

You cannot be discriminated against for exercising your right to compensation. This includes harassment, termination, and a refusal to hire. If you have been discriminated against, you should hire an attorney to file a separate lawsuit.

Staying Ahead of Time Limitations

There are time restrictions on how long you have to file a worker’s compensation claim. This time frame varies depending on the type of injuries, and if you fail to file your claim within the time limit, you will likely lose your right to benefits.

Do not wait to contact an injury lawyer about your workers’ compensation benefits. At Malman Law, we know how frustrating and confusing the process can be, which is why we are here to help. To schedule an initial consultation, call (312) 983-6193.


The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use and access to this website or any of the links contained within the site do not create an attorney-client relationship. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

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