Am I Eligible For Workers’ Compensation If I’m Hurt On Break?

David Monteleone
Illinois Accident and Wrongful Death Lawyer

  Posted  |  Category : Workers Compensation Attorney

Workers' Compensation AttorneyTypically, workers’ compensation applies to any injury that occurs on the employer’s premises during the course of employment. These elements are very broadly defined. For example, if a worker slips and falls in the parking lot before work, workers’ compensation may cover that injury. The victim need not prove fault, which is not easy to do in slip-and-fall cases, to receive compensation for lost wages, medical bills, and other economic losses.

Workplace accidents seriously injure about 2.9 million people a year. The vast majority of these injuries cause the victims to miss at least five days of work.

Benefits Available in Rockford

Victims who sustain temporary disabilities are generally entitled to two-thirds of their average weekly wage for the duration of their disabilities. This money gives Rockford families income when they need it the most.

If the victim is out of work for at least three days, the employer has a maximum of fourteen days to either pay or deny the claim. Most all claims are denied at least in part. If that happens, it’s important not to quit and give up. Instead, contact a lawyer straightaway, and your attorney can file an immediate appeal.

The length of the lost wages benefit varies according to the type of injury the victim sustains. The categories are:

  • Temporary Total Disability: TTD is the most common type of workplace injury in Rockford. Most job injury victims are too hurt to work at all, but they will eventually get better. TTD benefits have no limit, in most cases. So, most victims can keep going to the doctor until they go back to work, and workers’ compensation provides the money they need to support their families.
  • Permanent Partial Disability: Usually, PPD victims have reached their maximum medical improvement (MMI). In other words, they are as healthy as they are going to get. These victims are usually entitled to a settlement. The amount varies based on things like the extent of the injury, nature of the injury, and the victim’s prior salary.
  • Permanent Total Disability: Likewise, in catastrophic injury PTD cases, most victims, or their survivors, are entitled to a one-time settlement.
  • Temporary Partial Disability: Victims who are injured but can still work part-time or on light-duty assignments usually receive two-thirds of the difference between their old and new compensation rates.

Medical bills are 100 percent compensable so long as they are medically necessary. To establish this element, a victim must often submit to multiple medical examinations.

Filing A Claim Outside the System in Rockford

Typically, workers’ compensation is the exclusive remedy for job injuries in Illinois. But in some cases, victims may file negligence claims in court. Some common instances include:

  • Defective product,
  • Negligent co-worker, or
  • The employer’s intentional or reckless conduct.

For example, if an employer sends a worker to a place it knows to be dangerous and someone gets hurt, even while on break, the victim may be able to file a civil law claim. These victims may be entitled to additional compensation for their emotional distress and other noneconomic damages.

Contact Tenacious Attorneys

Workers’ compensation benefits are available even if you were on break. For a free consultation with an experienced personal injury lawyer in Rockford, contact Fisk & Monteleone, Ltd. We do not charge upfront legal fees in workers’ compensation cases.