Legal Question in Workers Comp in Illinois
Part Time Worker's Comp Laws
I'm 17 and I work part time in a kitchen. Three weeks ago, I got my arm caught in a dough mixer and I broke it. I was curious as to what I am entilted to as a part-time worker and if the rights of full-time workers apply to me, seeing as how I have not worked for 3 weeks. Should I be recieving some sort of compensation or does a part-time worker have totally different rights, if any at all, under Worker's Comp?
4 Answers from Attorneys
Re: Part Time Worker's Comp Laws
You are entitled to all the same benefits as any other employee. Call me to discuss the benefits you should be getting at 312
913
1900.
Re: Part Time Worker's Comp Laws
Just in follow-up to the previous replies - Part-time workers are entitled to the same worker's compensation benefits as full-time workers.
However, your average weekly wage does determine the amount of money that you are paid while you are unable to work and it effects the calculation of your lump sum settlement for permanency.
If as described - you were at work, doing your job and you are injured - you are entitled to be paid for the three weeks you have not worked.
Additionally, all of your medical bills should be paid and future trips for follow-up with your doctor should be authorized by the insurance carrier.
Because you are 17 years old, you may have the right to "opt-out" of the worker's compensation system and proceed in the circuit court - if the work you were performing was too hazardous for your age.
Since it has been three weeks and you are not receiving your temporary total disability benefits, I would suspect that it would be time to talk to a lawyer.
Good Luck,
Matt Belcher
Re: Part Time Worker's Comp Laws
You need to contact a lawyer of your choice without delay.
I would like to know if the job you were doing was too dangerous for a minor.
You have special rights which may have been violated and you may not be limited to just the benefits of Worker's Compensation.
Matt Belcher
Re: Part Time Worker's Comp Laws
Dear Sirs:
You have a workmen's compensation case. This case entitles you to benefits under the Workmen's Compensation Act. All you medical bills, and 2/3rd of your lost wage will be paid to you up front. Then the lawyers obtain for you a lump sum settlement based upon the nature and extent of your injury.
You may also have a products liability case against the manufacturer of the equipment you were using.
We are a personal injury law firm that has been in existence for twenty-five (25) years.
We have successfully handled many such cases.
Please call us at (312) 977--9900 should you decide to hire an attorney.
Many thanks.
Very truly yours,
JOHN C. WUNSCH, P.C.
October 2, 2006