You suffer a head injury at work and have no idea what to do next. Regardless of who is responsible for your injury, seek medical care right away.
Next, talk with a head injury workers’ comp lawyer in Wheaton. They will let you know if you can be covered for workers’ compensation and, if so, how to get benefits that will treat your injuries and keep you afloat financially.
The Therman Law team has over 75 years of combined experience. If you have injured your head on the job, we can use our knowledge to help you secure workers’ comp benefits right away.
To learn more, schedule a free case consultation with a Wheaton workers’ compensation lawyer from our team.
Why You Need a Lawyer on Your Side if You Are Dealing with a Work-Related Head Injury
A concussion, a skull fracture, or other job-related head injuries can prevent you from working for a long time. Even if you qualify for workers’ compensation benefits, it may be difficult to secure these.
Thankfully, a head injury workers’ comp attorney in Wheaton can address any challenges you face as you try to get workers’ compensation benefits.
Your Wheaton personal injury lawyer can submit your workers’ compensation claim and all required paperwork. They can track your claim and keep you updated about it. If, for any reason, your claim is denied, your attorney will get to the root of the issue. From here, they can appeal on your behalf.
Therman Law has obtained more than $100 million in compensation for our clients. We can provide insights into what it will take to get a workers’ compensation claim for a head injury approved.
Also, we can find out why your workers’ comp claim was denied and how to get the initial decision against you reversed. Contact us today.
What the Head Injury Workers’ Comp Process in Wheaton Entails
Illinois has rules in place regarding workers’ compensation insurance. Generally, you have three years from the date of a head injury at work to file a workers’ compensation claim.
Along with this deadline, you must notify your employer about your injury within 45 days. Failure to meet either of these deadlines can result in a claim denial.
The Illinois Workers’ Compensation Commission (IWCC) offers the CompFile electronic filing system to those who want to submit a workers’ comp claim. When you file your claim, you can share medical records and other evidence. Your Wheaton head injury workers’ comp lawyer can check your claim’s status frequently and inform you that your benefits request has been approved.
If your benefits request is accepted, you are subject to a three-day waiting period for your workers’ comp coverage to begin. Based on this, you can start to receive your benefits starting on the fourth day you have missed work.
Workers’ Comp Benefits You Can Get if You Are Dealing with a Head Injury
Ultimately, workers’ comp is designed to provide you with financial support as you treat and recover from your head injury. Your personal injury attorney can evaluate your case and describe what benefits you could get. These benefits may include:
- Wage replacement of up to two-thirds of your average weekly income
- Medical benefits for the costs of your doctor’s visits, physical therapy, and hospital bills
- Permanent partial disability (PPD) benefits if your head injury causes a permanent impairment
- Permanent total disability (PTD) benefits if you cannot return to any type of work due to your head trauma
Keep in mind that workers’ compensation does not cover all workers. Suppose you suffer head trauma at work due to your employer’s negligence.
In that case, you may have to proceed with a personal injury lawsuit to receive compensation for your medical care and other associated expenses.
Why Your Head Injury Workers’ Comp Claim May Be Denied
Your head injury is significant, and it occurred due to no fault of your own. Regardless, your workers’ compensation request can be rejected. Common reasons why a workers’ comp claim for a head injury will be denied include:
- You waited too long from the date you were injured to file your claim or report your injury to your employer.
- You did not provide the IWCC with sufficient evidence to prove that you are dealing with a head injury that you suffered on the job.
- Your employer’s insurance company claims your head injury is a pre-existing condition and has nothing to do with your job.
- Your employer says your head injury is the result of horseplay or other activities that violate your company’s workplace safety rules.
You have three years from the day your injury occurred or two years from the date of your last payment of benefits to appeal a denied workers’ comp claim, whichever is later.
Depending on the circumstances of your denial, your lawyer may appeal. Or, they may be able to negotiate a settlement with your employer’s insurance carrier.
How to Settle a Workers’ Comp Claim
Your attorney can open settlement negotiations relating to your head injury workers’ compensation claim. They understand how much your case is worth and what it will take to resolve your claim promptly.
During settlement negotiations, your lawyer may go back and forth with your employer’s insurance company. If your attorney gets a settlement offer, you have the opportunity to review the proposal with them. By accepting a settlement, you may get a lump sum that covers your head injury costs for the foreseeable future.
Just because you receive a settlement offer does not mean that the proposal is fair. If a settlement proposal is less than what your workers’ comp case is worth, your attorney may encourage you to continue with the claims process.
Work With a Wheaton Head Injury Workers’ Comp Lawyer Trusted by Thousands of Clients
The team at Therman Law takes the guesswork out of workers’ compensation claims. We can put you in touch with a Wheaton head injury workers’ comp attorney who remains on your side at each stage of the claims process.
Allow us to serve as your legal representation. Request a free case consultation now.
