Can I Pursue a Workers’ Compensation Claim Against my Employer?
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If you’ve been injured at work or have become ill because of a workplace hazard, it is very likely that you have a workers’ compensation claim. All Illinois employers are required by law to have workers’ compensation insurance and provide workers’ compensation benefits to injured employees.
If you are an independent contractor, as opposed to an employee, the company you work for might not be required to extend workers’ compensation benefits to you. If this is the case, you may be able to file a personal injury lawsuit for a work-related accident. It is important to note that the question of whether you are an independent contractor or an employee is determined by analyzing a wide variety of factors, and not the title given to you by the company you work for.
People are often concerned that they might lose their job if they pursue a workers’ compensation claim. It is true that employers do occasionally take adverse action against an injured worker. However, these instances are few and far between, for it is illegal for your employer to fire you because you were injured at work. Nor can an employer retaliate against you by demoting you or refusing to pay for medical bills and other benefits due as a result of the accident.
Some workplace injuries are caused by motor vehicle accidents, defective products, machinery, and parts. If you were injured because of the carelessness of a third-party (not your employer or a co-employee), you may be able to file a personal injury lawsuit against the responsible party in addition to the workers’ compensation claim.
Click on the links below to learn more about workers’ compensation claims, get answers to frequently asked questions, and obtain other valuable workers’ compensation information.