If you are injured on the job, you likely are wondering if your situation is covered by Workers’ Compensation. It is important that you and your lawyer determine if your injury is covered by Workers’ Compensation1 or if your employer is responsible for your injury.
Course and Scope Requirement
Your injury will be covered by Workers’ Compensation if it was sustained during the “course and scope” of your employment. This means that when you sustained your injury you were acting on behalf of your employer.
Examples of Accidents That Are Typically Covered by Workers’ Compensation
When many people think of Workers’ Compensation accidents they typically think of accidents like:
- Falling on a construction site
- Back injury at a warehouse
- Injuries from a car accident in a company car
- A slip and fall at the office
While these are usually covered accidents, other accidents that may be covered by Workers’ Comp include:
- Carpal tunnel2 syndrome from typing
- Accidents that take place on a lunch break in the company cafeteria or at a business lunch
- Accidents that take place at a company Christmas party
- Falling off a ladder
- Bad burn injuries sustained on the job
What If My Accident is Covered by Workers’ Compensation?
If your accident is covered by Workers’ Comp, your employer’s Workers’ Comp insurer will have to pay for your necessary medical treatment and for your lost wages. It does not matter who was at fault, if your accident is covered by Workers’ Comp, you are entitled to medical treatment.
What If My Injury Is Not Covered by Workers’ Compensation?
If your injury is not covered by Workers’ Compensation, it could be that your employer is still liable for your injuries under a theory of negligence. In this instance, you will have to prove that the employer was at fault. If you can do that you could be entitled to a greater number of damages, including medical treatment, pain and suffering and loss of earning capacity.
Contact a Chicago, IL Workers’ Comp Attorney
Being injured on the job means that you may be entitled to have your medical bills paid for by your employer. Such a case will be heard by arbitrators at the Illinois industrial commission. Workers’ Comp is a distinct area of law that has its own procedures that can be difficult to navigate.
If you need help getting medical treatment or compensation for time off the job, a skilled Workers’ Compensation lawyer can see to it that you get what you deserve. A Chicago Workers’ Comp attorney can evaluate your case and help you understand what options you have. Call the Chicago Workers’ Compensation lawyers at Abels & Annes, P.C. for a free consultation.