Debunking Common Workers’ Compensation Myths (Part 2)

In Illinois, workers’ compensation protects employees who suffer injuries or develop illnesses while on the job. After an employee sustains a work injury or develops an occupational illness, they can file a workers’ compensation claim and recover benefits. Although the workers’ compensation system has been around for a long time, employees often have some misunderstandings about this system. And unfortunately, some of these misunderstandings have made the process confusing.

It is crucial that, as an employee, you avoid falling for myths about workers’ compensation. Below, we debunk five of the most prevalent workers’ compensation myths.

Myth #1: Pre-existing Conditions Cause Automatic Disqualifications

False:

According to Illinois workers’ compensation law, pre-existing conditions do not automatically bar employees from filing workers’ compensation claims and recovering benefits. If your pre-existing condition is further aggravated or worsened, you have the right to file a workers’ compensation claim and recover benefits. For example, suppose you suffered a lower back injury years ago. Recently, you lifted something heavy at work, which aggravated your lower back injury. In such a case, you have the right to file a workers’ compensation claim and recover benefits.

Myth #2: Workers’ Compensation Only Covers Catastrophic Injuries

False:

Workers’ compensation does not only cover work-related accidents that cause injuries like broken bones. It covers various injuries employees may suffer while on the job, including repetitive strain injuries.

Myth #3: Your Employer Gets To Decide on the Validity of Your Workers’ Compensation Claim

False:

Many employees hesitate to file a workers’ compensation claim because they believe their employer will deny it before it reaches the insurance company. It is vital to note that your employer does not have the authority to do so. After you report your injury to your employer, it is up to the insurance company to decide on the validity of your claim. However, the truth is that sometimes, insurance companies deny valid claims. For this reason, you should retain a skilled workers’ compensation attorney.

Myth #4: Filing a Workers’ Compensation Claim Means You Can’t Pursue Other Available Remedies

False:

When you file a workers’ compensation claim, you can still pursue other available legal remedies. If a third party, other than your employer, is to blame for your injury, you can file a personal injury claim against the third party in addition to filing a workers’ compensation claim. For example, if you suffered your injury because of a defective product, you can file a personal injury claim against the manufacturer of the defective product.

Myth #5: Workers’ Compensation Benefits Only Cover Medical Expenses

False:

The primary purpose of workers’ compensation is to ensure that injured and sick employees receive the medical treatment they require. However, workers’ compensation does not only cover medical expenses. In Illinois, workers’ compensation also offsets a percentage of an employee’s lost income from their time out of work. Benefits meant to help injured or sick employees have access to their income during recovery are called wage replacement benefits, and they comprise temporary total disability benefits and temporary partial disability benefits. Also, employees who suffer permanent injuries are entitled to permanent disability benefits.

Contact Us for Legal Help

If you have been injured or developed an illness because of your work, contact our qualified Chicago workers’ compensation lawyer at Connolly Injury Law to get help with your workers’ compensation claim.