Workers’ Compensation Law

Employees and employers alike have a responsibility to understand the rights each have in workers’ comp matters. Workers’ compensation disputes often occur when one or both parties are not aware of the laws governing workers’ compensation. The experienced workers’ comp attorneys at Nelson & Nelson know that these issues can be difficult and confusing, and we are here to help. 

Our firm knows the kinds of struggles employees and employers frequently face and we can provide representation in workers’ comp disputes. With a successful track record consisting of thousands of clients over the past four decades, our attorneys know how to navigate even the most difficult cases.

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Workers’ Comp Explained

The workers’ compensation system strikes a compromise between employers and employees. Employees get benefits regardless of who was at fault, and in return, employers get protection from most lawsuits.

Workers’ Compensation Employee Rights

Workers’ compensation benefits cover the expenses of employees who are harmed while performing job-related duties. This includes injuries that occur while traveling on business, running an office errand, or at a work-related social function. Injuries that develop over time are also covered, such as strain or stress injuries from performing repetitive physical tasks. Illnesses covered by workers’ comp include diseases that result from workplace conditions, such as lung disease or cancer from exposure to toxic chemicals, for example.

Employees can recover:

  • Lost wages
  • Medical expenses
  • Disability payments
  • Costs associated with rehabilitation and retraining

In incidents where an employee is killed in a work-related accident, the employee’s family may be entitled to workers’ comp survivor benefits.

Workers’ compensation laws do not protect employers from ALL lawsuits. An employee may sue their employer in civil court if:

  • The employee did not receive the workers’ compensation benefits they were entitled to 
  • The employer or a coworker intentionally caused harm to the employee
  • The employee was fired for filing a workers’ comp claim

Workers’ Comp Employer Responsibilities

For employers, workers’ compensation eliminates the possibility of litigation that could lead to a large damage award. The state charges employees with insurance premiums that must be paid regardless of whether a workplace accident ever occurs.

To be in accordance with the rules and regulations of workers’ compensation, employers must:

  • Carry insurance to cover work-related injuries and illnesses
  • Have workers’ comp information posted for employees to access, including:
    • Employee rights to receive medical treatment
    • Employee benefits
    • The employer’s insurance company information

If an employee is injured, the employer must provide the employee with:

  • A workers’ compensation claim form within 24 hours after the employee has given notice
    • Even if the employee hasn’t given formal notice, the employer may still be obligated to provide the forms if it knew about the injury
  • Written material, such as a pamphlet, about the workers’ comp system with information on the employee’s rights, benefits, and how to file a claim

Consult with a Reputable Workers’ Comp Attorney in Belleville, Illinois

Here at Nelson & Nelson, we understand the difficulties our clients face in these and many other types of cases. We work to ensure a painless process and can help in workers’ comp issues. 

If you would like to discuss a case with a workers’ comp attorney you can trust, contact us today to schedule a free consultation with no obligation. We’re ready to provide you with the knowledgeable workers’ compensation representation you need!