Medical Benefits
Work Injury Lawyers Representing Residents of Schaumburg and Wheaton
When you have been hurt on the job, your health should come first. Medical benefits, under the Illinois Workers’ Compensation Act, are one form of aid or assistance that an injured worker may be entitled to obtain after becoming injured or ill due to a workplace incident. If you have been hurt on the job, you need to reach out to a skilled Wheaton or Schaumburg workers’ compensation attorney who understands the nuances of this area of law. At Therman Law Offices, we are dedicated to protecting the rights of people who suffer injuries at work. Time is of the essence in these cases, so it is important to act quickly in seeking partial or total disability benefits.
Pursuing Medical Benefits Following a Workplace Accident
As a no-fault system of benefits, workers’ compensation is provided to employees who suffer job-related injuries and illnesses. The Illinois Workers’ Compensation Act sets forth the rights and obligations of employees as well as employers. If you are an injured worker, in most cases, your only legal remedy is to sue your employer under the Workers’ Compensation Act. This means that you typically cannot sue your employer or a co-worker for a workplace injury or illness. One notable exception is if a third party, instead of or in addition to the employer, caused the worker’s injury. In such cases, the injured worker can typically sue the third party in a personal injury claim. Under the Act, not every injury is compensable. Instead, a workplace injury is covered if it arises out of and occurs in the course of employment. Injured workers are entitled to three separate benefits under the Illinois Workers’ Compensation Act: medical benefits, temporary off work benefits, and permanent impairment benefits.
If an employee is injured, they should seek medical treatment immediately. When it comes to medical care that is reasonably necessary to relieve or cure the employee’s suffering, this must be fully paid by the employer. This may include first aid, emergency care, surgery, and any rehabilitation costs. In addition, pharmaceuticals and prescription medication, as well as doctor visits, are to be paid by the medical benefits coverage provided by the Act. It is also important to note that injuries resulting from medical treatment rendered at the request of the employer’s physician are compensable.
If you have lost the use or partial use of a body part, such as a hand, leg, eye, or ear, or you have lost partial use of your body as a whole, you have the right to permanent partial disability (PPD) benefits. Put another way, if you cannot do the things that you were able to do before the injury, you have the right to PPD benefits. A determination about your eligibility for PPD benefits cannot be made, however, until your medical treatment is completed or you have reached a point of maximum medical improvement (MMI). This simply means that your doctor does not expect you to improve beyond your recovery thus far.
Once it is determined that you have reached MMI, your employer or the Illinois Workers’ Compensation Commission can start to assess your entitlement to permanent disability benefits. The amount that an injured employee will recover depends on that individual’s percentage loss of use of a body part or the body as a whole. Some of the factors considered include age, skill, occupation, training, inability to engage in certain kinds of work or activities, objective medical tests, permanent pain, stiffness, loss of motion, and more.
Contact a Knowledgeable Attorney After an Accident on the Job in Schaumburg or Wheaton
If you have been injured on the job, you need an attorney whom you can trust. At Therman Law Offices, our seasoned work injury lawyers are committed to protecting your rights at every step of the way. With over 35 years of combined experience, our team understands how to navigate these complex cases. You can rest assured that we can offer dedicated representation throughout the entire legal process. Our attorneys represent people in cities such as Schaumburg, Wheaton, Westmont, Oakbrook Terrace, Clarendon Hills, Downers Grove, Lisle, Darien, and Bolingbrook. To discuss your legal matter in more detail, call us at 312-588-1900 or contact us online.
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Wheaton & Schaumburg 847-744-8400