Chicago, IL Workers' Compensation Lawyers

What is workers’ compensation, and how does it work in Illinois?

Workers’ compensation is a type of insurance that your employer is legally required to pay under Illinois law. Coverage starts on your first day of work, regardless if you work full-time or part-time. You are also covered if you were hired in Illinois and were injured working in another state.

Worker’s compensation is a “no-fault” system. You can receive many benefits, including full payment of your medical bills, regardless if you or your employer caused your injury.

In exchange for a guarantee of these basic benefits, you cannot sue your employer for compensation for your injuries. Instead, you can file a workers’ compensation claim.

There is an exception to the rule: Federal workers and the City of Chicago employees, including police officers and firefighters, are not eligible for workers’ compensation benefits under the Illinois Workers’ Compensation Act.

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What are my rights if I’m injured at work in Illinois?

If you’re injured on the job, your employer’s workers’ compensation insurance may be entitled to the following benefits:

• Payment of any medical bills related to your work injury. This can include bills from prescriptions, doctor's appointments, surgeries, and medical supplies.
• 2/3 payment of your average weekly wage (Temporary Total Disability) while you’re unable to work. Temporary Total Disability (TTD) is tax-free and begins on the fourth day of lost time. You can receive compensation for the first three (3) days after you miss 14 calendar days of work following your injury.
• Payment of a lump sum settlement (Permanent Partial Disability) when your workers’ compensation claim resolves. Permanent Partial Disability benefits (PPD) are paid as a settlement or awarded as compensation depending on the severity and permanency of your injuries.

Worker’s compensation is a “no-fault” system. You can receive the above benefits regardless if you or your employer caused your injury.

In exchange for a guarantee of these basic benefits, you cannot sue your employer for compensation for your injuries. Instead, you can file a workers’ compensation claim.

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I was hurt on the job in Illinois. What should I do?

Here are three steps you should take after an Illinois work injury:

1. Tell your employer about your injury as soon as possible. You must notify your employer within 45 days of your injury or last exposure to qualify for workers’ compensation benefits.
2. Seek treatment for your work-related injury or illness. Focus on your health and recovery above all else. Under the Illinois Workers’ Compensation Act, injured workers are allowed to see two doctors of their own choosing. These doctors can then refer you to another specialist. Going to the emergency room does not count toward your doctor choices. However, your employer has the right to send you to a doctor of their choosing for an evaluation.
3. Contact and meet with an experienced Chicago workers’ compensation lawyer. Navigating your workers’ compensation claim can be stressful. That’s why we recommend that you contact and meet with an experienced Chicago workers’ compensation lawyer next. There are strict rules and procedures you must follow in order to receive the benefits you deserve. On top of that, your employer’s insurance carrier may not give you enough benefits to cover your medical bills or your time off work.

When you hire a workers’ compensation attorney, you delegate the stress of dealing with all aspects of your workers’ compensation claim to your lawyer. With that burden off your shoulders, you can focus on getting back.

Your workers’ compensation attorney will also advocate for your rights as an injured worker when they show up in court or speak to the insurance adjuster. In the end, hiring a lawyer puts you in a better position to get the compensation you deserve.

If you were hurt on the job, our Chicago workers’ compensation lawyer, Jack Cannon, knows what you’re going through. Call us at (312) 578-9501 or fill out our online contact form to have Jack review your case today.

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Can my boss fire me for filing a workers’ compensation claim?

No. You are protected under the Illinois Workers’ Compensation Act from your employer retaliating against you for filing a workers’ compensation claim.

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What types of injuries are covered under the Illinois Workers’ Compensation Act?

Many work-related injuries and illnesses are covered under the Illinois Workers’ Compensation Act. In Illinois, the law assumes that your injury “arose out of and in course of the employment and is causally limited to the work activity.” The burden of proof shifts to your employer to prove that your work injury or illness was not caused by work activity or exposure.

Examples of work injuries include broken bones, herniated discs, heart attacks, or losing a finger. Certain occupations can also put employees at risk for developing illnesses, such as cancer or black lung disease. Additionally, pre-existing conditions are covered if they have been aggravated by work activity.

Exceptions to the rule: Railroad workers and maritime workers must file a claim with [X]. Exposure to specific toxic substances like asbestos is also exempt from workers’ compensation.

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How much will it cost to hire a workers’ compensation lawyer in Chicago?

Our workers’ compensation lawyer does not charge a fee for an initial consultation. Moreover, we work on a contingency fee basis. This means that we will never send you a bill for our time working on your case. We will only charge a fee once we have resolved your case and obtained a settlement or verdict. In Illinois, we can only charge a 20% fee on workers’ compensation cases.

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How long do I have to file an Illinois workers’ compensation claim?

You have three (3) years from the date of the accident to file a claim or two (2) years after you last received compensation benefits (whichever is later). Repetitive injuries are more complex, so the statute of limitations for filing can vary. Work injuries and workers’ compensation claims are complicated. Contact our experienced workers’ compensation attorney today to determine how long you have to file a claim.

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What if another company or person is also responsible for my Chicago workplace accident?

Many times, another company or person who is not your employer or coworker can cause or contribute to work injury. In this situation, you can collect workers’ compensation benefits AND go after the third party (or parties) in a civil case. In civil court, you can sue for negligence and recover damages that are often greater than those available to you in workers’ compensation. By damages, we’re talking about the pain and suffering you experience from your work injury, as well as any lost wages, loss of future earnings, medical bills, and the cost of future medical care.

Here are three examples of how a third party may contribute to your work injury:

1. Negligent actions of another company’s employee: A person (or company) is negligent when they fail to use reasonable care, causing the injury or death of another person.

Example:  Another company’s truck driver backs his trailer up to a warehouse. However, he fails to lock or chock his brakes. When a forklift enters the trailer to unload the cargo, the tractor-trailer rolls away. As a result, the forklift and its driver fall four feet to the pavement below. The forklift driver sustains permanent spinal injuries from the impact.  In this situation, the forklift driver could pursue a case against the trucking company because its driver was negligent in failing to lock or chock his brakes.

2. Premises Liability: In a “premises liability” case, the owner of a property or building fails to maintain their premises in a safe manner and another person is injured as a result. In this scenario, the injured person may pursue a lawsuit against the property owner for their injuries.

Example: At a construction site, an electrician falls two stories through the floor due to improper construction. In this situation, the electrician could sue the property owner, construction company, and/or other contractors for his injuries.

3. Product Liability: Sometimes, products and machinery malfunction. When people are injured as a result of a product malfunctioning, they can pursue a lawsuit against the manufacturer of the equipment or machinery.

Example: While operating a wood chipper, a worker is pulled into the machine and later dies from his injuries. Upon investigation, it is determined that the wood chipper’s design was faulty. In this case, the family of the worker could file a lawsuit against the manufacturer of the wood chipper.

 

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Injured at Work in Chicago? Contact Us Today for a Free Case Evaluation

If you or someone you love has been hurt on the job, we recommend that you contact an experienced workers’ compensation lawyer as soon as possible to protect your rights. Our Chicago workers’ compensation attorney, Jack Cannon, has over 25 years of experience in this industry. We will also evaluate your case to determine whether a third party contributed to your injuries.

To receive your free case evaluation, call us at (312) 578-9501 or complete our online contact form here. We will always return your call within one business day.