WORKERS' COMPENSATION

                    Rights, Responsibility, and Recovery

If you have been injured on the job, oftentimes the physical pain, the mental and emotional stress and the financial pressures can create a sense of uncertainty and anxiety.  I will help guide you through the medical and financial issues you will face during this time.  Insurance companies will attempt to minimize your injuries in an effort reduce their obligations to you. 

I understand what it takes to obtain a fair and just for settlement you.  From the outset of your case, I will diligently work on your behalf whether at the negotiating table, in mediation, or at trial to ensure you receive the compensation you are owed. 

Workers' compensation laws in the state of Illinois have undergone historic changes recently, I will provide you with the correct, consistent, and current answers to the questions you have.

Here are some commonly asked questions and answers to assist you in beginning the process, but for one-on-one advice and free consultation, please contact RJ Abernathy.

•     When Should I Report My Injury? 

You should report your workplace injury to your immediate supervisor as soon as possible in most circumstances.  Although the law in Illinois provides specific guidance regarding the procedure for reporting an accident, the company may attempt to have you do something different.  Make sure that the description of all your injuries and the manner in which it occurred are written down by your employer or its representative.  Despite the fact that Illinois law allows you to report an injury within 45 days of the accident, it is rarely a good idea to wait that long.  However, if the injury is caused from a toxic exposure or due to a repetitive use or exposure then the worker must report it 45 days after he or she becomes aware that the workplace is the cause for the injury or condition.

•     How Do I Report My Injury?

Report your accident and injury directly to your immediate supervisor.  After reporting the accident, review the report for accuracy and to ensure your statement was taken correctly.  Be certain that you receive a copy of the report immediately or as soon after the accident as possible. 

• Who Chooses the Doctor?

Illinois law allows YOU, not the employer to choose the first doctor you see for the treatment of your workplace injury.  While many employers have "company doctors," you should avoid seeing them.  Arrange to see your doctor or go to the emergency room.  While it may be more convenient to see the company doctor, you want an impartial medical provider  making the initial examination and diagnosis.  The employer is responsible for paying the medical bills for this initial visit and any medical providers that you are referred to from this initial examination.  Do not let convenience or expediency cost you in the long run by treating with company referred doctors.

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