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Debunking 5 workers' compensation myths

Many people who are injured on the job are unaware of their rights. If you are ever injured in the course of your employment in Illinois, you are entitled to workers' compensation benefits. It's that simple.

Unfortunately, workers' compensation law is complex and it is not easy for injured workers to receive the full benefits they deserve for their medical expenses, lost wages and other costs. Without an experienced lawyer by your side, how can you know whether your employer, or its insurance company, is acting fairly?

For starters, make sure you don't fall for any of the common workers' compensation myths:

Myth 1: You are not eligible for workers' compensation benefits if you caused your own injuries.

Workers' compensation is not a fault-based system. You are entitled to benefits regardless of how or why you were injured. There are strict time limits in place, so be sure to notify your employer of how, when, and where you were injured as soon as possible.

Myth 2: Undocumented immigrants cannot receive workers' compensation benefits.

Employers cannot deny workers' compensation benefits based on immigration status. You have the right to file workers' compensation claims and even personal injury lawsuits regardless of your immigration status. Our law firm recently obtained a multi-million dollar settlement on behalf of an undocumented immigrant.

Myth 3: Part-time employees are not eligible for workers' compensation benefits.

The Workers' Compensation Act protects all employees regardless of how many hours they work.

Myth 4: Your employer has the right to fire you for filing a workers' compensation claim.

Your employer does not have the right to retaliate against you for exercising your right to workers' compensation. Contact an experienced lawyer if your employer is trying to discourage you from filing a claim.

Myth 5: Filing a workers' compensation claim is the same thing as suing your employer.

Filing a workers' compensation claim is not the same thing as suing your employer. In fact, you generally cannot sue your employer for a workplace injury. Typically, you can only file a lawsuit when a third party, like a contractor on the site or defective equipment, is responsible for your injuries.

Protect Your Rights After A Workplace Injury

There is a lot of misinformation out there about workers' compensation, and employers and insurance companies don't always do the right thing for workers and their families.

When you or your loved one has been injured on the job, consider contacting a reputable attorney for a free consultation to talk about your rights and options.