Do I Have to Provide Any Evidence for a Workers’ Compensation Claim in Chicago?

A workers’ compensation claim can be a daunting prospect for many injured workers. You might wonder about the details of this process, and you may worry about whether you need to collect various documents or evidence. What exactly do you need to “prove” when filing a workers’ compensation claim in Chicago? Do you have to prove anything at all? These are questions that an experienced workers’ comp lawyer can help answer.

Workers’ Compensation Is a “No-Fault” Insurance System 

You should know that the workers’ compensation program is effectively a no-fault insurance system. In other words, you do not need to prove fault or negligence in order to pursue compensation for a workplace injury. There is no need to “blame” anyone for your accident, and you should receive compensation in a relatively seamless manner without complex legal procedures.

You Still Need to Provide Evidence of Your Injuries

 That being said, you should still collect evidence of your injuries if you want to receive enough compensation. The obvious way to collect this type of evidence is to see a doctor as soon as possible after your accident. Do not refuse treatment from first responders, and allow yourself to be transported to the nearest medical facility. Follow your doctors’ directions, and follow up with specialists if necessary.

Prompt treatment ensures the creation of detailed medical records. You can use these medical records to highlight the cost of your injuries when filing a workers’ compensation claim. These records might include X-rays, MRIs, doctors’ notes, medical bills, and so on. Note that you may have to wait until your maximum medical improvement (MMI) before pursuing appropriate levels of compensation for your injuries. Until you reach MMI, it may be difficult to determine the true extent of your injuries.

Aside from your medical bills, you should also collect evidence of your lost income. This might involve gathering past tax returns, pay stubs, and other income documents. You should receive compensation for your missed income after filing a successful workers’ compensation claim.

Some Workplace Accidents Result in Personal Injury Lawsuits 

With all that said, some workplace accidents in Chicago lead to personal injury lawsuits. The most common example is an accident caused by a negligent third party (not your direct employer). In this situation, it may be possible to sue the negligent party directly – and proving negligence could be necessary with additional evidence.

Key Takeaways 

• Workers’ comp is a “no-fault” insurance system
• You do not need to prove negligence when filing a workers’ compensation claim
• It may be necessary to prove negligence if a third party caused your accident

Can a Workers’ Compensation Lawyer in Chicago Help Me? 

If you need help with pursuing compensation after a workplace accident, consider a consultation with an experienced workers’ comp lawyer in Chicago. These legal professionals can help you file your claim in an efficient manner, and they can help you gather evidence if necessary. To get started with an action plan, contact Connolly Injury Law today.

Sources: 

chicago.gov/city/en/depts/fin/provdrs/Workers-Compensation.html

iwcc.illinois.gov/about.html#:~:text=Workers’%20compensation%20is%20a%20no,work%2Drelated%20injuries%20and%20illnesses.