What Happens if a Chicago Workplace Accident Incapacitated My Loved One?

An incapacitating workplace injury in Chicago can be highly distressing for the loved ones. These injuries often lead to cognitive impairments, serious physical disabilities, and other issues. Sometimes, workers fall into comas after experiencing accidents. What can you do in this situation as a family member? What if your loved one is incapable of filing their own workers’ compensation claim? Can you take action on their behalf?

A Family Member May Be Able to Take Action on Behalf of an Injured Worker 

A family member can theoretically file a workers’ comp claim on behalf of an incapacitated worker. If the worker lacks the capacity to negotiate and make financial decisions, it may be impossible for them to pursue a workers’ comp claim on their own.

For example, the worker might be comatose. Perhaps they have experienced a serious traumatic brain injury (TBI). TBIs can cause memory loss, and workers might forget how to speak, dress, eat, and carry out many other basic tasks. Other victims of brain injuries may experience drastic personality changes – perhaps losing all inhibitions and behaving in an aggressive or erratic manner.

However, a family member cannot automatically pursue a workers’ comp claim on behalf of their loved one. Certain legal steps may be necessary before they can take action – including obtaining a “guardianship.” Guardians can make legal and financial decisions on behalf of their “wards” – including the pursuit of workers’ compensation benefits.

The worker may have also created a “power of attorney” that automatically gives these legal and financial powers to an “agent” when they become incapacitated. However, this estate planning document is relatively rare for average workers in Chicago – and they are more common for elderly, retirement-age individuals.

It is worth noting that the time limits associated with workers’ comp claims only begin when workers become aware of their own injuries. For example, a worker might fall into a coma after a workplace injury. If they wake up 10 years later, they would still theoretically have the right to pursue a workers’ compensation claim – regardless of normal deadlines.

A Lawyer May Be Able to Help Families With Incapacitated Workers 

Families with incapacitated workers may want to work with workers’ comp lawyers in Illinois to meet deadlines and avoid unnecessary issues. Although this situation might seem complex, your lawyer may be able to file the necessary reports and explain the nature of your loved one’s injury. They could also ask for reasonable extensions, allowing families to explore options like guardianships. Speak with a lawyer for more information about this complex subject.

Can a Chicago Workers’ Compensation Lawyer Help Families? 

A Chicago workers’ compensation lawyer often works with injured employees. However, they may also work directly with the families of victims, especially in the case of an incapacitating injury. We know that many workplace accidents can leave workers too disabled to handle a workers’ comp claim on their own. No one should feel alone in this process – and you can get all the help you need from Connolly Injury Law. Schedule your consultation today to learn more.

Source:

 iwcc.illinois.gov/content/dam/soi/en/web/iwcc/about/handbook/documents/handbook.pdf