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RECOMMENDATIONS
FOR PROTECTING YOUR RIGHTS UNDER THE ILLINOIS
WORKERS' COMPENSATION ACT
By: T. Fritz Levenhagen
DO'S &
DON'TS UNDER THE ILLINOIS WORKERS' COMPENSATION
ACT
- DO report any injury
to your employer or other individual in a supervisory
capacity. This must be done within 45 days of
the accident.
- DO keep a list of
all witnesses.
- DO consult your
own doctor or go to a hospital emergency room
as soon as possible.
- DO keep copies of
all medical records or personal injury reports.
- DO file an Application
for Adjustment of Claim with the Illinois Industrial
Commission as soon as possible. A claim must
be filed within three years of the date of injury
or two years from the date of last payment of
weekly workers' compensation benefits, whichever
is greater.
- DO consult with
legal counsel who specializes in Workers' Compensation
and/or other injury claims. Even if you do not
wish to retain counsel immediately, most law
offices offer free initial consultations concerning
injury claims.
- DON'T sign an injury
report or give written or tape recorded statements
to your employer. You are not required to sign
anything for your employer under the Workers'
Compensation Act.
- DO obtain written
'no return to work slips' from your doctor.
If your doctor is releasing you with restrictions,
insist on having those restrictions in writing
and in detail. Insist on a written explanation
for "light" duty.
- DON'T select more
than two physicians unless you obtain a referral
from one doctor to another. Your employer is
only required to pay for reasonable and necessary
medical expenses incurred by two physicians
or your own choosing and any referrals from
those two physicians.
- DO keep track of
mileage. Your employer is required to pay for
reasonable and necessary travel expenses incurred
for seeking treatment for work-related injuries.
- DON'T allow your
employer to shop for physicians who will testify
consistently with the position that your employer
seeks to take at trial. Although your employer
is entitled to an independent medical examination
under the Act, your employer is not entitled
to engage in physician shopping. If your employer
tries to send you to a number of physicians,
all with the same specialty, it is likely that
your employer is shopping for a physician to
defeat your claim.
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Copyright
©2002 by T. Fritz Levenhagen, P.C. All rights reserved.
You may reproduce materials available at this site for
your own personal use and for non-commercial distribution.
All copies must include the above copyright notice. The
information you obtain at this site is not, nor is it
intended to be, legal advice. You should consult an attorney
for individual advice regarding your own situation.
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