In Illinois, the employee bears the burden to show that he or she sustained accidental injuries arising out of and in the course of the employment. The employee must prove the employee was at the workplace and doing what is reasonably expected at the time of the incident. This is generally not in dispute if the employee was working their normal shift while they were injured.
The employee must also prove their injuries arising out of some aspect of their employment. In other words, the employee must show that because of their employment, they were at an increased risk than someone of the general public. Examples of this include lifting a heavy object or operating dangerous equipment. A common, non-compensable injury that occurs at work is a result of a slip or trip and fall. For example, if you were injured while tripping over stairs or slipping on a puddle, you must show some aspect of your employment placed you at an increased risk than the general public. This may include carrying an object as part of your job duties up their stairs which rendered you unable to see the final step which you tripped.
Once the above-two elements are satisfied, the worker must also show the accident was a causal factor in developing their injuries. Oftentimes, this is the most contested aspect of a workers’ compensation claim. If you sustain an injury at work and delay seeking medical attention or informing your doctor of a work-related incident, your employer will likely contest your injuries as being caused by your employment. One of the greatest precautions you can take after being injured at work is to seek immediate medical attention and report a work injury. If you have any questions regarding the workers’ compensation benefits you are receiving, please contact our offices for a free legal consultation.
The attorneys at Law Offices of Mathys & Schneid are committed to representing people who have been seriously injured and incur significant medical expenses as a result of work related injuries. Law Offices of Mathys & Schneid continue to handle workers’ compensation claims and all types of other personal injury cases in Cook, DuPage, Kane, Will and Kendall Counties and all throughout the Chicagoland area.