By Stiberth, Scarlati & Boudreau, LLC
Serving Injured Workers in Downtown Chicago, Elgin, and surrounding communities

If you’ve been injured at work in Illinois, the steps you take in the hours and days that follow can make a major difference in your workers’ compensation case. Our attorneys have represented injured workers throughout Illinois for decades. We put together this practical guide to help you protect your rights, preserve important evidence, avoid common mistakes, and maximize your opportunity to receive the workers' compensation benefits you deserve.

Step 1: Report Your Injury and Request Authorized Medical Care

Report your injury to your supervisor as soon as possible, even if you believe it is minor or expect it to heal on its own. Many workplace injuries initially seem insignificant but become much more serious over the next several hours or days.

 

Whenever possible, report the injury in writing or follow up with an email or text confirming that you reported it. Keeping a record of when and how you reported your injury may help avoid disputes later.  Even if your supervisor witnessed the accident, do not assume that someone else has officially reported your injury. Whenever possible, personally report the injury yourself and keep a record of when you did so.

 

Reporting your injury does not obligate you to seek medical treatment or file a workers' compensation claim. If your symptoms quickly resolve, no further action may be necessary. However, if your condition worsens or medical treatment later becomes necessary, you will be glad the injury was reported promptly.

 

Under the Illinois Workers' Compensation Act, an injured worker generally must notify the employer of a workplace accident within 45 days of the injury. Waiting until your symptoms become severe can unnecessarily complicate your claim. Delayed reporting is one of the most common reasons employers and insurance companies question whether an injury actually occurred at work.

When reporting the injury, ask your employer about the process for obtaining authorized medical treatment through its workers' compensation program. Understanding that process from the beginning can help avoid unnecessary delays in receiving medical care and benefits.

Step 2: Be Honest, Accurate, and Consistent

As soon as possible after your injury, write down exactly what happened while the details are still fresh in your mind. Record the date, time, location, how the accident occurred, the body parts you injured, and the names and contact information of any witnesses. These notes can be invaluable if questions arise months later.

 

When speaking with your employer, completing an accident report, or describing the incident to your medical providers, be truthful, accurate, and consistent. Insurance companies routinely compare accident reports, medical records, recorded statements, and deposition testimony. Significant inconsistencies or omissions may be used to challenge your credibility or dispute your claim.

 

Just as importantly, review your medical records whenever possible. Doctors and nurses are human, and mistakes sometimes occur. Make sure your medical records accurately describe how the injury happened, the symptoms you reported, and the body parts that were injured. If something is inaccurate or incomplete, politely bring it to your physician's attention as soon as possible so the record can be corrected or supplemented.

 

Finally, don't minimize your symptoms. Many injured workers try to "tough it out" or avoid complaining because they hope the pain will improve. When talking to your physician, always accurately describe all your symptoms, how the injury affects your daily activities, and whether your condition is getting better, worse, or staying the same. Accurate medical records are one of the most important pieces of evidence in any workers' compensation claim.

 

Step 3: Build a Strong Medical Record

Your medical records are often the most important evidence in your workers' compensation case. Insurance companies rely heavily on what your doctors record regarding how the accident happened, the symptoms you report, your physical examination findings, your diagnosis, your treatment, and your work restrictions.

Help your physicians create an accurate record by:

• Bringing a written list of your symptoms to every appointment.
• Explaining how your injury affects your work and daily activities.
• Reporting any new symptoms as they develop.
• Asking questions if you do not understand your diagnosis or treatment plan.
• Requesting written work restrictions whenever appropriate.
• Saving copies of work status slips, imaging reports, and important medical records.

Remember that doctors can only document what they know. The more complete and accurate the information you provide, the more useful your medical records become.

 

Step 4: Understand Your Workers’ Compensation Checks

Temporary Total Disability (TTD) and Temporary Partial Disability (TPD) benefits are based on your Average Weekly Wage (AWW). TTD pays 66⅔% of your AWW, subject to Illinois minimums and maximums tied to the State Average Weekly Wage (SAWW). Make sure your wage calculation is correct—errors can reduce your benefits significantly.

Review your benefit checks carefully. If you receive overtime, bonuses, shift differentials, or have a second job, those earnings may affect your Average Weekly Wage calculation.  Mistakes sometimes occur when calculating the earnings that may affect your Average Weekly Wage. If your weekly benefits seem lower than expected, ask questions immediately rather than assuming the calculation is correct.

 

Step 5: Light Duty—Accept What’s Safe, Speak Up About What Isn’t

If your employer offers you light-duty or modified work, don't automatically assume you must accept it—or refuse it. First, carefully compare the job being offered with the work restrictions imposed by your treating physician.

 

If the work appears to fall within your doctor's restrictions, you should make a good-faith effort to perform it. However, if the job requires activities that exceed your restrictions or if you experience significant pain while performing the work, promptly notify your supervisor and explain your concerns. Whenever possible, identify the specific job duty that conflicts with your medical restrictions or is causing your symptoms to worsen.

 

Sometimes an employer is making a sincere effort to accommodate your restrictions, but the restrictions themselves do not fully account for the physical demands of your job. If the work consistently increases your pain or causes new symptoms, return to your treating physician as soon as possible. Keep a written record of any job duties that increase your pain or appear to exceed your restrictions, and discuss those specific duties with your treating physician. Explain exactly what duties you are performing and how they affect your condition so your physician can determine whether your current restrictions remain medically appropriate or should be modified.

 

Do not simply "work through the pain," but do not refuse work without first understanding your legal rights. The decision to accept or decline a light-duty assignment can affect both your workers' compensation benefits and your employment. If you are uncertain whether the work being offered is appropriate or how your decision may affect your claim, consult an experienced workers' compensation attorney before taking action.

 

Step 6: 

File Your Claim—Even If Your Employer Is Paying Benefits

Many injured workers mistakenly believe that because their employer or its workers' compensation insurance company has accepted the claim and is voluntarily paying medical bills or wage-loss benefits, there is no need to formally file a claim with the Illinois Workers' Compensation Commission.

 

That assumption can be a costly mistake.

 

Under the Illinois Workers' Compensation Act, strict filing deadlines apply to every workers' compensation claim. In most cases, an injured worker must file an Application for Adjustment of Claim within three years of the date of the injury or two years from the last payment of workers' compensation benefits, whichever is later. Failing to file your claim within the applicable statute of limitations may permanently bar your right to recover additional workers' compensation benefits.

 

Filing an Application for Adjustment of Claim does not mean your employer has denied your claim or that litigation is immediately necessary. Rather, it formally places your claim before the Illinois Workers' Compensation Commission and preserves your legal rights should a dispute arise later regarding medical treatment, wage-loss benefits, permanent disability, or any other issue.

 

Although many injured workers are capable of completing the paperwork themselves, experienced legal representation often becomes particularly valuable when benefits are delayed, disputed, reduced, terminated, or when complex legal or medical issues develop. Filing your claim early helps protect your rights while allowing your medical treatment and benefits to continue uninterrupted whenever possible.

 

Step 7: Don’t Rush Into a Settlement

Early settlement offers often overlook long-term medical needs or undervalue permanent impairment. Before you sign anything, we’ll walk you through how a settlement could impact your medical rights, future treatment, wage-loss benefits, and your ability to reopen your claim.  Remember that a settlement are often final. Once approved by the Illinois Workers' Compensation Commission, your rights may be permanently affected. Make sure you fully understand what you are giving up before signing any settlement documents.

We're Here to Help

Recovering from a workplace injury is difficult enough without having to worry about insurance companies, paperwork, and legal deadlines. Whether your claim has been denied, your benefits have stopped, or you simply have questions about your rights, obtaining answers early can often prevent much larger problems later.

 

At Stiberth, Scarlati & Boudreau, LLC, we proudly represent injured workers throughout Chicago, Elgin, and their surrounding communities. If you have questions about your claim, contact us for a free consultation before making decisions that could affect your health, your family, your employment, or your financial future.

One Final Piece of Advice

Many injured workers believe they should "wait and see" before asking questions or consulting an attorney. Unfortunately, by the time benefits have been terminated, medical treatment has been denied, or important deadlines have passed, some problems become much more difficult to correct.  Asking questions early does not mean you have to hire an attorney. It simply allows you to understand your rights before making decisions that may affect your workers' compensation claim.

 

The best workers' compensation claims are usually the ones where problems are prevented—not the ones where problems are fixed after they occur. Understanding your rights early can make all the difference.

 

This article is for informational purposes only and does not constitute legal advice.