Can I Get Workers’ Compensation for This Injury?

Man stuck on the couch after injuring leg and arm in a workplace accident

Can I Get Workers’ Compensation for This Injury?

What Qualifies as a Work-Related Injury in Illinois

Not every workplace injury looks the same.

Some workers are injured in an obvious accident like a construction worker falling from a ladder, a warehouse employee being struck by equipment, or a manufacturing employee injuring a shoulder while moving heavy materials.

But other injuries are more complicated.

What if your back starts hurting after years of lifting at work? What if a condition you already had becomes significantly worse because of your job? What if you are injured while performing a task that was not specifically written into your job description?

These questions can make it difficult to know whether an injury qualifies for workers' compensation.

In Illinois, the answer often comes down to two important questions: Did the injury arise out of your employment, and did it happen in the course of your employment?

Those requirements are central to determining whether an injury is compensable under the Illinois Workers' Compensation Act.

For workers in Champaign-Urbana, Danville, and throughout Central Illinois, understanding these requirements can help you recognize when an injury may be a workers' compensation claim.

What Does “Work-Related Injury” Mean in Illinois?

Under Illinois law, an employee seeking workers' compensation must establish, by a preponderance of the evidence, that they suffered an accidental injury arising out of and in the course of employment.

Those two phrases have different meanings.

“In the Course of” Employment

This generally concerns the time, place, and circumstances of the injury.

An injury is more likely to satisfy this requirement when it occurs while an employee is working, at a location where the employee is expected to perform their job, and while performing job duties or something reasonably incidental to those duties.

“Arising Out of” Employment

This concerns the connection between the employment and the risk that caused the injury.

In other words, there generally needs to be a causal connection between the person's work and the injury.

The Illinois Workers' Compensation Commission explains that an injury can arise out of employment when its origin is in a risk connected with or incidental to the employment.

Both requirements matter.

Simply being at work when you are injured does not automatically make every injury compensable.

What Types of Injuries Can Qualify for Workers’ Compensation?

There is no single list of injuries that automatically qualifies every worker for benefits.

Instead, the circumstances surrounding the injury matter.

However, many different types of physical injuries can potentially be covered when they are sufficiently connected to employment.

Injuries Caused by Lifting or Physical Labor

Back injuries, shoulder injuries, knee injuries, strains, and other conditions can occur while lifting, carrying, pushing, pulling, or moving objects at work.

For example, a warehouse employee in Danville may injure their lower back while lifting a heavy package as part of their assigned duties.

The specific activity, the employee's duties, the circumstances of the accident, and the medical evidence can all matter.

Slip-and-Fall Injuries

A worker may qualify for workers' compensation after slipping, tripping, or falling while performing work duties or while in a place where the employee is reasonably expected to be while working.

Examples might include:

  • Slipping on a wet floor
  • Tripping over materials
  • Falling from a work platform
  • Falling down workplace stairs
  • Falling while performing job duties at another location

The circumstances of the fall and its connection to the employee's work remain important.

Machinery and Equipment Injuries

Workers who operate machinery, tools, vehicles, or other equipment may face risks that are specifically associated with their employment.

Injuries involving machinery can include crush injuries, cuts, burns, fractures, strains, and other serious conditions.

Illinois workers' compensation law does not require an employee to prove that the employer was negligent in order to establish a compensable workers' compensation injury.

Instead, the question is whether the injury meets the requirements of the Workers' Compensation Act.

Repetitive-Use Injuries

A workers' compensation injury does not always happen during one dramatic accident.

Some injuries develop gradually through repetitive activities performed at work.

Examples can include:

  • Carpal tunnel syndrome
  • Repetitive shoulder injuries
  • Tendonitis
  • Repetitive back problems
  • Certain hearing-loss conditions

Schiro & Themer specifically notes that injuries developing over time can be covered, but medical verification and a connection between the condition and the job are important.

These cases can be more complicated because there may not be one specific moment that caused the injury.

What If Your Employer or Insurance Company Says Your Injury Isn't Work-Related?

Do not automatically assume that means you have no claim.

Whether an injury is compensable can involve legal and medical questions that cannot always be resolved simply by an employer or insurance adjuster's initial opinion.

Under Illinois law, the employee has the burden of establishing the necessary elements of a workers' compensation claim by a preponderance of the evidence.

That is one reason documentation and medical evidence matter.

If your employer or its insurance company disputes whether your injury is related to your work, an experienced workers' compensation attorney can review the circumstances and help determine what options may be available.

Workers’ Compensation Attorneys Serving Champaign-Urbana and Danville

If you were injured while working in Champaign-Urbana, Danville, or elsewhere in Central Illinois, you may have questions about whether your particular injury qualifies for workers' compensation.

Schiro & Themer represents injured workers throughout Central Illinois, including Champaign-Urbana and Danville. The firm's workers' compensation practice handles workplace injuries, repetitive injuries, occupational conditions, and other claims involving Illinois workers' compensation benefits.

If you are unsure whether your injury is work-related, contact Schiro & Themer for a free consultation to discuss your situation. You don't have to determine whether your injury qualifies on your own.

 

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