Three Little-Known Facts About Workers’ Compensation in Chicago
If you’re lucky, you’ll never have to worry about workers’ compensation. In an ideal world, you’ll move through your career without ever having an accident. Unfortunately, many workers aren’t so fortunate – and they’ll need to learn about how workers’ compensation in Chicago works. While most people have a general understanding of this system, there are a few little-known facts worth reviewing:
- It Doesn’t Cover Everything
Many people assume that when they file a workers’ compensation claim, they’ll receive financial support for all of their various losses. However, it is important to understand that workers’ comp does not cover all of your damages.
First, workers’ comp does not cover 100% of the wages you miss due to injury. Generally speaking, you’ll only receive two-thirds of your normal income. Injured workers should be aware of this fact, as it might require them to make serious adjustments to their finances. This is especially true after a serious, career-ending injury.
On the positive side, workers can feel confident that they’ll receive 100% compensation for any medical bills they incur. At the very least, you’ll be able to access the medical treatment you need. Hopefully, this will ensure you make a full recovery.
Finally, workers’ compensation does not cover any “non-economic damages.” In simple terms, this means you won’t get any money for psychological or emotional issues like depression, loss of enjoyment of life, disfigurement, pain & suffering, and so on. However, you might be able to claim compensation for legitimate psychological disorders stemming from physical injuries and accidents.
2. You Can File a Claim Even if You Caused Your Own Injuries
Many workers also assume that they need to “prove” something in order to get compensation. While you might need to gather certain evidence (especially medical records), you should know that workers’ comp is essentially a “no-fault” insurance system. In other words, you can file a claim even if you cause your own workplace injuries through your own negligence. There are a few exceptions, including incidents involving intoxication and horseplay.
3. It Doesn’t Cover All Workers
Another little-known fact is that workers’ compensation does not cover all workers. Instead, it only covers “employees.” You might assume that employees and workers are the same thing, but this is not true under United States law. You might be an “independent contractor,” and this might make you ineligible to file a claim. Certain government employees, dock workers, and other workers may be excluded from workers’ comp.
That said, many employers intentionally “misclassify” their employees as independent contractors. This is a violation of employment law, and it might allow you to file a claim even if you think you’re an independent contractor.
Can a Workers’ Compensation Lawyer in Chicago Help Me?
If you’re unsure of how workers’ compensation in Chicago works, consider speaking with a legal professional. Although Chicago workers’ compensation lawyers can help you address any issues with your claim, they can also educate you about the entire process during a consultation. Consider speaking with Connolly Injury Law for further guidance.
Sources:
usa.gov/job-misclassification#:~:text=Job%20misclassification%20happens%20when%20a,pay%2C%20benefits%2C%20and%20protection.
ilga.gov/legislation/ilcs/fulltext.asp?DocName=082003050K8
