What to Do If You Suffer a Head Injury at Work: Workers' Compensation and Liability Issues
When someone suffers a head injury at work, physical symptoms may not appear right away. Concussions and other brain injuries can be deceptive. We should never brush off headaches, confusion, dizziness, or changes in behavior. These signs may indicate a more serious condition.
Illinois law allows injured workers to seek benefits under the state’s workers’ compensation system. But to protect those rights, we need to act carefully and deliberately from the moment an injury occurs.
Seeking Immediate Medical Attention
After any head injury at work, getting medical care right away should be the top priority. Medical professionals can assess the severity of the injury, document symptoms, and recommend treatment. These records later play a crucial role in workers’ compensation claims and any related legal matters.
In Illinois, we’re allowed to choose our own doctor rather than relying solely on one selected by the employer. That gives us a better opportunity to receive care from someone we trust. If an employer directs us to a specific provider, it’s still a good idea to consult with another physician for a second opinion, particularly in cases involving brain trauma.
Prompt diagnosis also helps support a stronger legal position if questions about our injury arise. Early evaluations can establish the connection between the workplace accident and the head injury, which becomes important when insurance companies question causation.
Reporting the Injury to the Employer
Illinois law requires that we report workplace injuries to our employer within 45 days. However, it’s best not to wait. The sooner we report the injury, the smoother the workers’ compensation process tends to be. Failing to report in a timely manner may limit or delay benefits.
When making a report, we should include basic facts like the date, time, location, and how the injury happened. It’s helpful to do this in writing so there’s a clear record. Emails or workplace injury report forms work well for this purpose.
If we reported the incident verbally, following up in writing helps avoid disputes. We don’t need to include medical opinions—just factual information about the injury and the workplace conditions that contributed to it.
Filing a Workers’ Compensation Claim in Illinois
After reporting the injury, the next step is to file a workers’ compensation claim. Illinois uses a no-fault system, so we don’t have to prove the employer did anything wrong. We only need to show that the injury occurred in the course of employment.
The Illinois Workers’ Compensation Commission oversees claims in the state. If benefits are delayed or denied, we may need to file a claim with the Commission. It’s important to keep copies of medical records, reports to the employer, and communication from the insurance carrier.
Workers’ compensation benefits may include:
Medical expenses, including emergency care, follow-up visits, medication, and rehabilitation
Temporary total disability (TTD) benefits if we can’t work while recovering
Permanent partial disability (PPD) or permanent total disability (PTD) benefits, depending on the injury’s impact
Vocational rehabilitation if we can’t return to the same job
These benefits can provide vital financial support while we recover from a head injury. But when the process doesn’t go as it should, we may need legal help to protect our rights.
Understanding Employer Obligations
Employers in Illinois are required to carry workers’ compensation insurance. They’re also obligated to cooperate with the process and not interfere with our rights. That includes refraining from retaliation, such as demotions, job loss, or reductions in hours because we filed a claim.
If an employer pressures us not to report an injury or threatens consequences for doing so, that may be considered unlawful retaliation. In those situations, we may have additional claims beyond the injury itself.
Employers also must make reasonable accommodations if we’re able to return to work with limitations. Modified duty or lighter tasks may be required based on a doctor’s recommendations. Employers who ignore those obligations may be in violation of Illinois law.
When Third-Party Liability May Apply
Workers’ compensation generally prevents employees from suing their employer for a workplace injury. However, we may have a separate legal claim against a third party if someone other than the employer contributed to the head injury.
Examples of third-party liability include:
A subcontractor who left debris that caused a fall
A manufacturer of defective equipment that failed and caused injury
A property owner who didn’t address known hazards
These claims are separate from workers’ compensation and can include damages like pain and suffering or emotional distress, which aren’t available through the workers’ compensation system.
If we suspect that someone outside the company played a role in the injury, we should gather evidence early. Photos, witness statements, and product information may support a third-party lawsuit. These cases often run alongside workers’ compensation claims.
Gathering and Preserving Evidence
Regardless of the path we take, preserving evidence helps support our case. That includes documenting the injury, the accident scene, and any equipment involved. Witnesses can offer valuable testimony about what happened and how we responded.
Photographs or videos from the workplace can be especially helpful. If the company uses surveillance footage, we may need to request it quickly before it’s deleted. Most companies don’t retain security recordings indefinitely.
We should also maintain a personal record of our symptoms, treatment dates, and how the injury affects daily life. This kind of documentation can support both medical opinions and legal arguments if questions arise about our ability to work or the lasting effects of the injury.
Dealing With Insurance Company Tactics
Insurance companies often try to reduce the amount they pay on claims. That may include questioning whether the injury happened at work, requesting second opinions from their doctors, or delaying payments. In some cases, they may offer a settlement that doesn’t reflect the injury’s full impact.
If we’re dealing with an insurance carrier that disputes the claim, we have the right to pursue a hearing before the Illinois Workers’ Compensation Commission. We can also appeal decisions that go against us.
We shouldn’t feel pressured to accept a settlement that doesn’t cover our needs. Before accepting any offer, it’s worth reviewing the full cost of treatment, lost income, and any long-term impairments. Consulting an attorney can help us determine whether the offer is fair under Illinois law.
Returning to Work After a Head Injury
Getting back to work after a head injury depends on how we heal and what tasks our job requires. Some people recover quickly and return to full duties. Others need reduced hours or a different role during recovery.
Illinois law requires employers to consider reasonable work accommodations when medically appropriate. If we’re cleared for light duty, the employer should attempt to provide it. If they can’t, we may still qualify for TTD benefits while recovering.
If the injury prevents a return to our previous job, vocational rehabilitation may be available. That can include job training or education designed to help us find suitable work elsewhere. These benefits fall under the workers’ compensation system and can be vital for long-term recovery.
Time Limits for Legal Action
In Illinois, we have three years from the date of the injury—or two years from the last workers’ compensation payment—to file a claim with the Illinois Workers’ Compensation Commission. Failing to meet this deadline can bar us from receiving benefits.
If a third-party lawsuit is involved, we typically have two years from the date of injury to file. Missing these time limits can prevent us from recovering damages, even if the case has merit.
These deadlines make it important to act quickly. Filing early also helps preserve evidence and avoid disputes about when the injury happened or how it relates to our job.
When Legal Help Becomes Necessary
Sometimes, a head injury leads to a straightforward claim with prompt benefits and a smooth recovery. But other times, we face disputed facts, denied claims, or uncooperative employers. When that happens, legal help can make a difference.
A workers’ compensation attorney in Illinois can help file claims, respond to denials, and represent us before the Commission. They can also evaluate whether a third-party lawsuit makes sense based on the facts of the case.
Legal help isn’t only for those going to court. It can also be valuable for reviewing settlement offers, confirming that benefits were calculated correctly, and helping us avoid mistakes that hurt our claim.
Staying Informed and Protecting Our Rights
Workplace head injuries are serious and often life-altering. By understanding how workers’ compensation works in Illinois, we can take steps that protect our health and financial stability.
That includes seeking medical care, reporting the injury quickly, and documenting everything related to the incident. It also means keeping an eye on deadlines and pushing back when insurance companies try to reduce benefits.
Contact Stiberth, Scarlati & Boudreau, LLC Today
When the process becomes difficult or unclear, you don’t have to handle it alone. At Stiberth, Scarlati & Boudreau, LLC, we’ll be able to help you through this. By taking informed steps from the start, we give ourselves the best chance to recover physically and financially after a workplace head injury. We serve Chicago, Illinois, and throughout Cook and the Collar counties. Get in touch today to get started.