What must the worker do to receive benefits?
It is the worker’s responsibility to prove he or she is eligible for benefits. The employer does not need to disprove a worker’s claim. By law, the burden of proof rests with the employee. Some of the main issues in a workers’ compensation case are listed below. The employee must prove all of them to qualify for benefits. a) Jurisdiction: on the date of the accident, the employer was subject to the Illinois Workers’ Compensation or Occupational Diseases Act. b) Employment: on the date of the accident, a relationship of employee and employer existed between the parties. c) Accident or exposure: the worker sustained accidental injuries or was exposed to an occupational disease that arose out of and in the course of employment. d) Causal connection: the medical condition was caused or aggravated by the alleged accident or exposure. e) Notice: the employer received notice of the accident or exposure within the time limits set by law. If the worker prevails on these issues, he or she will g
Related Questions
- If a survivor of a RECA section 5 worker was awarded benefits under RECA, is the survivor eligible for benefits under Part E?
- If an injured worker has more than one job, will the calculation of the weekly benefits include income from all jobs?
- Can a spouse of an eligible worker also collect benefits, even if the couple is divorced?
