I was cleaning the soda machine and I misplaced my hand and my finger got caught. As an instinct , I pulled my hand away and it took half of my nail and i got cut. Went to the ER and my employer said he’s able to pay for my hospital and doc bills but not able to pay for the days I have off. While everyone says I should be paid for my days off.
The very first thing that you should do is to hire yourself and experienced competent workers compensation attorney an initial consultation would be free and the workers comp system is not a do-it-yourself system will do far better with an attorney then you will without. The fee as dictated by the state is 20% of the amount recovered this does not include anything that you receive voluntarily from your employer.
No attorney client relationship has been formed until you sign a representation agreement.
Everyone is right. Your situation is covered by the workers compensation laws in Illinois. The employer must pay your medical bill, pay for your time off work, and pay something for a settlement or award for the extend of your permanent injury. The employer will do so only when you hire an experienced workers compensation attorney. A great place to find one is right here, on Avvo.
The employer has to pay all days off after the first three. If you miss 2 weeks then the first 3 days also have to be paid. They have to pay 2/3's of your wages, not all, and they don't have to pay medical
insurance benefits. They have to pay all medical bills (within the payment guidelines of the State; the hospitals and treaters have to accept the payments). They have to pay any permanent result of the injury (that's where the lump sums you may have heard about come in). The lawyer's fee is 20%, which is a bargain because the insurer won't offer you much without one and you can't do it yourself well if at all.
My answers to this question are informal and partial due to the insufficient nature of the information exchanged. These answers do not make me your lawyer. In order to make me your lawyer you have to hire me, in writing. Answers given herein are necessarily brief and cannot be complete or reliable legal advice until (a) an attorney-client relationship has been established, and (b) until complete information has been given pursuant to that relationship..
Seek counsel now. Make sure you provided an off work note to the employer, keep a copy for yourself, and provide a copy to your new lawyer.
All my colleagues are correct. This is a classic workers’ compensation case. You’re entitled to compensation for medical treatment, lost time from work, and overall permanence.
Please stop talking to your boss and get a competent lawyer.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline