Workers Compensation

Handling Workplace Injuries and Work Comp Claims in Illinois and Missouri

If you or someone you love has sustained an injury while or at work or in work-related activities (such as driving a vehicle, attending a conference, etc.), then you are able to recover money for your injuries.

What is Workers’ Compensation

Workers’ Compensation (often called work comp) is a system of medical and financial benefits provided to most workers who experience a job-related injury. Work comp is provided by law and covers accidents and injuries regardless of whose fault the incident was. Virtually all employees in Missouri and Illinois are covered by workers’ compensation once they are hired. However, each state has its own set of workers’ compensation laws. Matthew Nagel is an experienced attorney who handles work comp cases in both Missouri and Illinois.

What Injuries and Diseases are Covered Under Workers’ Compensation Law?

In most cases, the workers’ compensation laws cover any injuries caused, in whole or in part, by the employee’s work. These injuries may be the result of one incident, like falling while delivering something, or they may be the result of some repetitive action, like typing. If an individual’s work causes him or her suffer a stroke or heart attack, then that individual is covered by work comp as well.

If you had a pre-existing conditions that was somehow aggravated or made worse due to your work, you are also eligible for workers’ compensation. However, any injuries suffered at a work-sponsored event (athletic events, parties, picnics, etc.) are not covered by work comp unless the employer demanded that the the employee participate.

What is My Workers’ Compensation Claim Worth?

Without knowing the specific details of your case, it is hard to determine what your work comp claim is worth. However, the workers’ compensation law is structured so that you receive financial assistance that makes it as if the accident at work never occurred. We understand that money cannot simply get rid of the emotional scars surrounding an accident; however, the Court can only award money. The Court does not have the power to award anything besides money, but our personal injury team will work hard to maximize your financial recovery.

What Are My Benefits Under Workers’ Compensation?

There are many different benefit categories under the workers’ compensation law and all of these categories are specific to the nature of your injury:

Medical care that is necessary to cure or relieve you of the effects of your injury;

Temporary total disability (TTD) benefits assist you while you are off work or recovering from the injury;

Temporary partial disability (TPD) benefits are for while you are still recovering from the injury, but are able to work on light duty

Vocational rehabilitation/Maintenance benefits are provided to you if you are participating in an approved vocational rehabilitation program;

Permanent partial disability (PPD) benefits are applicable for you if you sustained a permanent disability or disfigurement, but are still able to work;

Permanent total disability (PTD) benefits apply to your case if you have been rendered permanently unable to work (including death benefits for surviving family members).

Who Pays for the Benefits in Workers’ Compensation?

The employer is legally required to cover the costs of workers’ compensation. The vast majority of employers buy commercial workers’ compensation insurance. If this is the case, then the insurance company pays for the benefits on behalf of the employer. Some employers, on the other hand, self-insure their work comp. However, employers need the state’s approval to self-insure. Ultimately, no part of the workers’ compensation insurance premium or benefit can be charged to the employee.

Can an Employee be Fired for Reporting an Accident or Filing a Work Comp Claim?

It is absolutely illegal for an employer to take any action against an employee for reporting an accident or filing a claim. The employee has the legal right do so, no matter what. If an employer harasses, discharges, refuses to rehire or discriminates against an employee for reporting an accident, then there is just ground to file a separate suit for damages in addition to the work comp claim.

Contact A Work Comp Lawyer

If you are involved in a work comp case, you need a knowledgeable and skilled attorney on your side. Matthew Nagel and the BiState Injury Law Center have the necessary experience to handle your work comp case.

ll consultations are free, so call Matthew Nagel and the BiState Injury Law Center at (618) 593-8717, email them, or use the contact form to get the answers you need.