What Benefits Am I Entitled to Under Workers’ Compensation?
Workers Compensation - July 31, 2021
What benefits am I entitled to under workers compensation?
Answered by Chicago workers’ compensation attorney – Tyler D. Berberich
The basic benefits that you are entitled to are: payment for your time off work at two-thirds of your average weekly wage; payment of your medical bills that are related to your work injury; and then at the end of your case, you are generally entitled to a permanent partial disability settlement, which is based upon a number of factors – including your age, your occupation, the injury that you sustained and the residual effects of that injury, among other factors.
Those are the general three rights that you are entitled to with workers’ compensation.
There can be additional rights in the case of a wage differential or permanent total disability case.
If your case appears to be one where you’re not going to be able to return to your previous career or you’re not going to be able to return to work at all, I would advise that you speak with an attorney about your rights in those cases.
What type of medical benefits am I entitled to after I’m injured?
Answered by Chicago workers’ compensation attorney – Marc A. Perper
The Illinois Workers’ Compensation Law entitles you to emergency treatment plus treatment from the first two medical providers of your choice.
That actually means – potentially – more than two medical providers. The reason is if a doctor or a provider refers you to another provider, that doesn’t count as a new choice.
So, you are entitled to any doctor of your choice. Plus, any number of doctors to whom you might be referred within that chain of referrals. And, in addition, an entirely separate choice of doctor. Plus, any number of providers to whom you’re referred in that second chain of referrals.
If you have a compensable workers’ compensation case, your employer or its insurance company has to pay for all that treatment, subject to: reasonableness, necessity, and causality. That means your medical treatment has to be reasonable and necessary to cure or relieve the effects of the injury, and it has to be related to the injury.
If you choose another doctor outside those first two referral chains and its not emergency room treatment, the employer does not have to pay.Tyler Berberich and Marc Perper team up to answer the Free Legal Advice Friday listener’s question: what benefits am I entitled to under workers’ compensation?
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