In 2011, the Illinois Workers’ Compensation Act changed. This was accomplished through Illinois State Senate Bill 3287 (SB 3287). It amended the existing act. As a result, in places such as Wheaton, an employee can no longer take a negligent company employer to court. At the time, many attorneys were appalled. They felt that, even with an expert Workers’ Compensation lawyer to help, you, as an injured worker, now faced a greater challenge in receiving compensation benefits under the Act.
Indeed, loopholes exist in the present form of the Workers Comp Act. If you are defined as a “contract worker,” the amount of benefits may be reduced greatly. In fact, under certain circumstances, your claim may be denied all together. The entire situation under the current Act makes it a daunting challenge for you, as an injured worker. In fact, as a Workers’ Compensation lawyer can explain to you, you may be denied benefits under
For many employees who have suffered from the negligence of employers, this is a serious problem. For Workers Compensation lawyers, the entire situation presents a challenge. In fact, several situations are not covered under the Illinois Act.
Not Covered Under the Illinois Workers’ Compensation Act
To be truthful, the Illinois Workers Compensation Act does provide coverage for many injuries that take place while you are working. In fact, it will cover even pre-existing condition. If you aggravate it while performing your work duties, you are eligible for Workers’ Comp. However, you cannot receive it under the following situations:
- Self-afflicted injuries
- If the injuries happen while you are involved in committing a serious criminal act
- If the injuries do not occur at work
- If the situation arises out of disregard for company protocol or failure to follow procedure
These prohibit you from receiving workers’ comp in Wheaton, and rightly so. However, as in the case of contract workers, insurance companies may choose to offer their own interpretation of events. In the case of company protocol, you may be doing what you have been told to do under a particular order. If an accident occurs as a result and the company claims you were not performing the procedure properly, under the current law, unless you cannot prove otherwise, you cannot receive benefits. This is but one instance when you should seriously consider contacting a Workers Compensation lawyer – such as the professionals that work for Woodruff Johnson & Palermo.
Contact a Workers Compensation Lawyer
As soon as a workplace related accident happens in Wheaton, IL, follow the correct procedure. Notify verbally and in writing the manager, supervisor or other company head. Make sure you keep records of all aspects of the incident. Above all, do not sign any forms with the insurance company or other related documents until you have contacted and received the advice of a Workers Compensation lawyer.
