Maybe you know someone who received workers’ compensation benefits because of a serious on-the-job injury. It could be that a loved one developed a chronic medical condition like cancer or emphysema because of their work environment. When you see serious injuries, especially long-term, you can understand why they should receive benefits. But what about ‘lesser’ injuries like strains, sprains, and minor injuries. Can you qualify for workers’ comp with that type of injury?
The answer to that question depends on your particular circumstances.
Your Medical Diagnosis and Treatment
Sprains and strains are a type of soft tissue injury. Other types include contusion, tendonitis, bursitis, and stress injuries (like stress fractures).
Some feel that strains and sprains are simple injuries that you can just work through. However, this often is not true. A severe sprain or strain may require physical therapy, braces, and surgery. Recovering from a sprain may take a few days or a few months.
If your sprain or strain happened at work, you may be eligible for workers’ compensation benefits.
To Qualify for Workers’ Comp . . .
By Illinois law, your employer is required to buy workers’ compensation insurance that provides benefits to injured workers.
It’s important to contact your employer as soon as possible after suffering an on-the-job injury or learning you have a work-related disease.
You will need to file a workers’ comp claim if your employer or its insurance company:
- rejects your claim,
- delays compensation, or
- does not give you full benefits you feel you deserve.
Sometimes it is beneficial to file a claim if you want to protect rights to future benefits.
The burden of proving the workers’ comp claim is on the employee. This mean that you need to prove certain facts to show you are eligible for benefits, including:
- That you were an employee of the employer at the time the injury or exposure happened,
- That you were injured or exposed,
- That your medical condition was caused by the accident or exposure, and
- That you notified your employer of the injury within the deadlines set by the law.
Get the Workers’ Comp Benefits You Deserve
It’s easy to be confused about whether your injury is covered by workers’ compensation benefits. Advice from someone who knows how to navigate the workers’ comp system can help.
For assistance, talk with Osvaldo Rodriguez, an experienced Illinois workers’ compensation lawyer, for an honest assessment of your case. Schedule a free consultation by calling us today at 708-716-3441 or by completing the form on our Contact Us page.
Osvaldo Rodriguez speaks Spanish and English. We represent clients throughout the state of Illinois, including Chicago, Addison, Bellwood, Bensenville, Berwyn, Chicago, Cicero, Elmwood Park, Franklin Park, Maywood, Melrose Park, Northlake and Cook, DuPage, Will, and Kane Counties.