Millon & Peskin | Attorneys at Law

Call for a free consultation today: 630-449-3884

Photo of office building of Millon & Peskin | Attorneys at Law

Restoring Dignity & Control After An Injury 

Worker’s Compensation Eligibility

On Behalf of | May 24, 2010 | Uncategorized |

If you find yourself in a situation at work where you are injured or have become ill, you may be eligible for workers’ compensation also known as workers’ comp. There are benefits that can be helpful if you qualify such as medical treatment, compensation for lost wages, rehabilitation, or money due to a permanent disability that impairs you from working. Before you qualify for workers’ compensation, you should know what makes you an eligible recipient. You can contact a lawyer who specializes in this area to help you file your claim if you think you qualify for the compensation.

There are certain qualifications that make someone eligible for the compensation. The generalized component for eligibility is that the injury or illness has to be caused from your job or occur while at work. Some preexisting conditions that are accelerated due to your job can also qualify you for workers’ compensation. Some states will also approve your claim if you are injured while at a company party or off site training. Sudden accidents at work such as illness, injury, and unfortunately death are usually covered too.

Examples of eligible claims include, but are not limited to, mental illness due to stress, injuries from work machines, or repetitive duties or motions that cause a disability. Injuries can include hearing loss, sight loss, or loss of muscular movements due to the duties performed while at work. Diseases and other health impairments that rapidly increase due to your job are also eligible injuries that can be claimed. As you can see, any injury or disability has to occur or be a result of your work place.

There are limitations, and not every illness, injury, or disease can be filed for worker’s compensation. If you are injured at work because you are acting out of accordance, then the injury is your fault and not your employer’s. For example, if you are at work under the influence of drugs or alcohol and are injured because you fall then your employer is not liable for your injury. However, if you are injured because another employee’s misconduct, you may be eligible for a claim. Self inflicted injuries or illnesses that you inflict at work are ineligible.

Every state has different guidelines and eligibility requirements for compensation, so it is in your best interest to hire a worker’s compensation lawyer to guide you during the process. For example, if you live in the Chicago area you can hire a Chicago workers compensation lawyer, or if you live in California you should hire a lawyer from your state. They can help you determine if you are eligible to receive worker’s compensation from your employer. If you receive compensation you cannot sue your employer because of the illness, injury, or death. On the other hand, if your claim is denied you may be able to sue.

About the Author: Brooke Haley marketing associate at Millon & Peskin, Chicago workers compensation attorney that practice in the areas of Civil Litigation, Workers’ Compensation, and Personal Injury. Millon & Peskin is a General Civil Litigation Practice with the goal of representing the interests of injured workers, throughout all applicable Courts within the State of Illinois. For more information, please visit

FindLaw Network