If you are injured on the job... If you are injured at work either through a specific incident (such as hurting your back while lifting) or through repetitive trauma (such as developing carpal tunnel syndrome through repetitive activities with your hands), we recommend that you do the following: Report your injury to a supervisor as soon as possible. Once reported, an accident report should be completed and you should get a copy. Please note that under the law, you are required to report an injury within 45 days of when you knew or should have known that your injury is work related. Although this standard has been loosely interpreted, the sooner you report your injury, the better. See a doctor. The most important thing in any workers' compensation claim is your health. Write down exactly what happened to you. Hopefully you will get better right away. However, if you find yourself in an arbitration hearing down, you want to be sure that you know all of the important details of how you got injured, who witnessed the accident and who you told about it. Be honest. Tell your doctor everything that is bothering you and give a history to your doctor and employer of how you injured yourself. It is important to tell the truth and there is no need to exaggerate. If you remember something that you forgot to tell your doctor or employer about how you got injured, let them know as soon as possible. Communicate. If you do not return to your doctor, he will assume you are better. If that is not the case, you could encounter problems as you try to collect benefits. In addition, if you are authorized off work or placed on a light duty job, let your employer and worker's compensation insurance representative know of your condition. If they do not hear from you, they may assume that you have abandoned your job. Learn your rights. We recommend that if you are injured at work that you speak to an attorney to make sure that you understand the benefits you should receive under the Illinois Workers' Compensation Act. Speaking with a lawyer does not mean that you have to hire them. If someone is injured on your property... First and foremost, do all you can to help--express concern, ask what injuries might have been suffered, make the victim as comfortable as possible, call for medical assistance, etc. Do not, however, say anything to suggest or admit guilt or negligence. While it is natural to empathize with the injured party and want to soothe any pain and suffering, as well as your own feelings of guilt, it is not a good idea to complicate your potential liability with such statements. Rather, leave it up to the law to decide who was responsible. Notify your insurer in writing (and speak to your attorney) as soon as possible. Do not talk with the other party or their attorney about liability until you have taken these steps. You may well decide later to offer to defray some medical bills of the injured party, but do this after you have had the chance to review the situation with a clearer head and the appropriate parties. There is one other situation where the law requires you to act. If someone has been hurt on your property or is in danger, you may have a legal duty to offer humanitarian aid even though you had nothing at all to do with the injury. For example, a Minnesota cattle buyer became severely ill while inspecting a farmer's cattle. A court later ruled that the farmer had a duty not to send the man, who was helpless and fainting, out on the road alone on a cold winter night For a free and confidential legal consultation, call (262) 783-7711 or email us. |
