Suffering an injury of any kind at work can be life-altering, and knowing what to do next to protect yourself is essential. Going through the process of a workers’ compensation brain injury case can be very arduous and complex. The process is lengthy because traumatic brain injuries take time to develop and properly diagnose. Most common workplace injuries are preventable but being mindful of any symptoms you may be noticing after an accident and knowing your legal rights if those symptoms continue to worsen is critical.

 Most Common Workplace Injuries

Any injury involving your brain, skull, or scalp is categorized as a head injury. The most common ways these workplace injuries occur are:

• Falling from a height — Falling a significant height off a ladder, roof, or scaffolding can cause serious and sometimes fatal head injuries. Even a fall from a few feet can cause a traumatic brain injury.
• Struck by an object — Head trauma can be caused by flying or falling objects or being struck by a piece of heavy machinery.
• Auto accidents — Many companies have drivers on the road, which increases the likelihood of an accident happening and traumatic injuries taking place.
• Slip and fall — Anything that causes a worker to lose their footing and slip or trip and fall may result in a head injury. 

Symptoms of a Traumatic Brain Injury

The effects of brain injuries don’t always show up immediately and can sometimes take hours or days after an accident for symptoms to show. These symptoms include but are not limited to losing consciousness, headaches that continue to worsen and become more frequent, seizures, sensitivity to light, vomiting or nausea, and memory problems. Some of these symptoms are referred to as “mild” by physicians, but the reality is that no brain injury should be taken lightly.

If you or a loved one were hurt on the job in Illinois, you may be interested in filing a workers’ compensation claim. Workers’ compensation benefits reimburse an injured worker for medical bills and part of the workers’ lost income while the worker is recovering. However, getting the compensation you need after a work injury is not always straightforward. Knowing your rights and what the workers’ compensation process entails is key to getting the compensation you need.

What Types of Work Injuries Qualify for Workers’ Compensation Coverage?

According to Illinois law, workers’ compensation is available to most employees who are injured at work. Workers’ compensation is “no-fault” meaning that the employee does not have to prove that the injury was the employer’s fault to be eligible for compensation. As long as the work injury was caused or made worse during the course of employment, you should be covered by workers’ comp. An individual may not be entitled to workers’ compensation if the injury was self-inflicted, caused by a violation of company policy, or occurred during the commission of a crime. Injuries caused in a sudden work accident such as a fall as well as repetitive stress injuries such as carpal tunnel syndrome or back injuries may qualify for workers’ compensation coverage.

How Much Compensation Can I Get for a Work Injury?

Medical expenses including costs related to emergency room treatment, hospitalization, and doctor’s appointments are covered by workers’ compensation. Rehabilitative treatment such as physical and occupational therapy may also be covered. If you cannot work while you are recovering, you may receive two-thirds of your gross weekly wage. If your injury prevents you from working your typical job but you can work a lower-earning position or “light duty” job, you may receive two-thirds of the difference between your previous wages and current wages.

Construction workers have an extremely dangerous job. They work with heavy equipment, toxic substances, and often at great heights. Construction workers may suffer spine injuries, broken bones, amputations, traumatic brain injuries, and other serious injuries. If you or a loved one was hurt on the job while working at a construction site, you may have questions about your legal options. You may wonder if you are entitled to compensation through workers’ compensation and other means. An experienced workers’ compensation attorney can help you explore all of your legal options and sources of potential compensation.

Reimbursement for Medical Expenses and Lost Income Through Workers’ Compensation

Employers with one or more employees are required to carry workers’ compensation in Illinois. The Illinois Workers Compensation Act mandates workers’ compensation insurance and prohibits employees from suing their employers for injuries in most cases. Workers’ compensation is “no-fault” meaning that you do not have to prove that your employer acted negligently in order to be entitled to compensation. You may recover compensation for your medical care as well as partial lost wages from missed work through workers’ compensation.

Compensation Through a Third-Party Claim

Many injured workers do not realize that workers’ compensation is not necessarily the only potential source of reimbursement after a serious work injury. If your injury was caused or contributed to by the negligent actions of a party other than your employer, you may be able to bring a personal injury claim against that party in addition to your workers’ compensation claim. You may be able to recover your full lost wages and medical expenses as well as other damages such as physical pain and mental suffering.

If you have been injured while at work, you understand just how devastating it can be. You have likely built up significant medical costs, lost income because of your time spent away from work, and may not even be able to return to work due to the severity of your injuries. Depending on what state you work in, your workers’ compensation regulations will differ. In Illinois, there is a specific filing process and time limit in which this filing must be completed. Once this time limit is reached, you may be unable to make a workers’ compensation claim. However, with the help of a reputable attorney, you may be able to make a claim even after the time constraints have passed.

Illinois Workers’ Compensation Process

If you have been injured at work, you must report the injury within 48 hours of its occurrence. This will allow the employer to investigate the incident and avoid any further accidents occurring due to the negligent conditions. Reporting the accident in a timely manner will also ensure that your injuries are properly recorded in their most serious severity, not weeks after it occurs and the injuries have begun to heal. You should then receive a medical exam regarding your injuries, even if they are not outwardly apparent. You may have sustained internal injuries depending on your accident. This medical visit will serve as documentation of your injuries from a medical professional. You will have three years to make an official workers’ compensation claim, though it is suggested that you do so as soon as possible. Your workers’ compensation claim can help cover any medical bills, lost time at work, and potentially ongoing expenses in regards to your medical treatment. 

Among the ongoing developments surrounding the COVID-19 pandemic, some good news has emerged for all essential employees in the state of Illinois who are concerned about being exposed to and potentially contracting coronavirus while on the job. Thanks to recent changes in the state's workers’ compensation policies, any essential employee who contracts the virus from the workplace will be covered, based solely on his or her word. This means that workers will not be required to furnish proof that the illness came from the workplace, as they typically would under normal circumstances. 

Recent Changes to Workers’ Compensation Policies

This change in policy at the very least offers essential workers some assurance that should they contract the disease while putting their lives on the line in the service of others, their illness will be taken seriously, and they will have special rights regarding workers’ compensation. If you are an essential worker, and you contract COVID-19 on the job, here is some important information regarding filing a claim: