25 Tips to Win Your Case from the Team at Black & Jones
If you’ve been injured on the job, winning your workers’ compensation case depends on what you do next. From reporting your injury promptly to following your doctor’s advice and keeping thorough documentation, each action can impact your claim. These quick tips will help you stay on track and improve your chances of a successful outcome.
1. Understand Illinois Law
Illinois is a no-fault system. This means that you do not have to prove your employer caused your injury or was negligent in some way to recover benefits. You just have to prove that your injury arose out of and in the course of your employment.
2. Report Your Injury Right Away
Notify your employer within 45 days of your work-related injury, preferably in writing. Be sure to include the date, time, location and how the injury occurred.
3. Select Your Doctor
In Illinois, you can choose your own physician. It’s a good idea to avoid employer-referred doctors who may minimize your symptoms or your case.
4. Seek Immediate Medical Care
Visit your doctor as soon as possible and make sure to inform them that your injury is work related. Keep your appointments and follow your doctor’s treatment plans and recommendations.
5. Document Everything
It’s imperative that you maintain copies of all of your medical records, work restrictions, prescriptions, bills and any other communications with your employer or insurance company.
6. Consult with an Experienced Attorney
Working with an attorney with a strong history of handling cases before the Illinois Workers’ Compensation Commission (IWCC) can help improve the outcome of your case.
7. Ask for Recommendations
Often the best way to find a good attorney is through word of mouth. If you know someone who has had a work-related injury and had to seek an attorney, have a conversation with them about their experience.
8. Choose a Trusted, Local Attorney
A local attorney is engrained in the community and knowledgeable about Illinois law. Local attorneys also have extensive networks of professionals who can be vital resources to your case.
9. Be Prepared
Come to your free consultation with the proper documents, including proof of employment, medical records and incident reports. This preparation will help give your attorney a solid foundation to start building your claim.
10. Know What Makes Your Claim Compensable
To qualify for workers’ compensation, a work injury must occur during the course of your employment and be caused by a job-related risk. You will need to show that your work duties directly contributed to the injury.
11. File Your Claim
An experienced attorney can help you navigate the intricate workers’ compensation process to ensure that your claim is handled correctly, including filing your claim with the IWCC within three years of your workplace injury.
12. Push Back on a Difficult Employer
If your employer refuses to provide benefits, a workers’ compensation attorney can step in to advocate on your behalf. In certain situations, they may file a “Petition for Immediate Hearing” to fast-track your case before the IWCC.
13. Identify Potential Witnesses
If any of your coworkers or other individuals witnessed your workplace injury, it is important to get their statements and contact information as soon as possible after the incident occurred.
14. Communicate Carefully with the Insurance Company
Only share factual information and avoid providing recorded statements without the guidance of your attorney.
15. Avoid Social Media
It is easy for insurance companies and their lawyers to access your social media, so be careful about what you post online, as anything you say can be used against your case.
16. Limit Discussing Your Case
While it's natural to want to discuss your case, even casual conversations can be misinterpreted. Insurance adjusters and defense attorneys are skilled at gathering information and may try to use statements you make to undermine your case.
17. Keep Diligent Records
Track your symptoms and any work limitations throughout the claim process. It is also beneficial to keep a record of missed work and related expenses.
18. Follow Up and Monitor Your Claim
Actively monitor your claim by keeping track of all communications and documentation related to your claim. Regularly follow up with your attorney to stay engaged with the progress of your case.
19. Understand the Benefits You are Entitled To Receive
Under Illinois law, workers' compensation benefits can include medical expenses, temporary total disability (TTD) benefits, permanent partial disability (PPD) benefits and vocational rehabilitation.
20. Know Your Testimony
Practice your testimony and make sure that it clearly explains where and what happened, how it has affected your daily life and your current situation and ability to work.
21. Avoid Exaggerating Your Symptoms
It is important to be as accurate and detailed about your symptoms as possible. Honesty helps build a credible case, so always be honest with your healthcare providers and your attorney about the nature and extent of your injuries.
22. Be Professional
If your case proceeds to a hearing, it’s important to maintain a professional demeanor throughout the process. Dress professionally and be respectful to all parties involved.
23. Don’t Fast Track Your Return to Work
Don’t risk your health to return to work too soon. If your doctor places you on restrictions during your treatment, your employer can either provide work that fits those restrictions or choose to send you home. Be sure to take care of yourself.
24. Trust Your Attorney To Guide You
Since many factors affect your workers’ compensation settlement, trust that your attorney has your best interest in mind as they help you navigate the process. Your choices around treatment and work can directly impact the outcome of your case—but the right legal representation will help ensure you receive the maximum benefits you deserve.
25. Stay Patient and Persistent
Workers’ compensation cases can take time, especially if your case goes to a hearing. Remaining involved and following your lawyer’s guidance will help you navigate this often lengthy process, which can take an average of 2-3 years to resolve in Illinois.
If you’ve been injured at work and want the best chance possible of receiving maximum benefits, the team at Black & Jones is your trusted resource in the Rockford area. Contact us today! Fill out this form or give us a call at (815) 967-9000.