Chicago Workers Compensation Lawyer
Workers’ compensation benefits are vital to the United States economy, providing critical financial assistance to workers who are injured or become ill due to their job. This assistance helps these workers get the medical care they need while also providing them with money to cover the loss of wages.
The benefits also help reduce the number of lawsuits filed against employers, which could be costly and lead to increased insurance premiums for businesses. The United States economy can function more efficiently and effectively by providing workers’ compensation benefits.
Injury Lawyer Team Personal Injury Lawyers
Were you injured on the job but denied workers’ compensation benefits? The personal injury attorneys at Injury Lawyer Team, sponsored by Rosenthal Law Offices, can assist you in maximizing your workers’ compensation claim to ensure that you receive the benefits you deserve.
Table of Contents
If you sustained work injuries in a work accident, contact our Chicago workers’ compensation attorneys to schedule a free consultation. All confidential or sensitive information you share about workplace injuries remains private through an attorney-client relationship.
What Is Workers’ Compensation?
Workers’ compensation is a benefit program that helps millions of workers who receive work injuries. The program provides financial assistance to injured workers, medical coverage, and other benefits. Workers’ compensation is an important safety net for workers who are injured on the job. The program provides benefits that help workers get back on their feet after an injury.
Workers’ compensation is a federally mandated program administered by the states. The program benefits workers injured on the job, regardless of who is at fault for the injury. Workers’ compensation is a no-fault system, which means that workers can receive benefits even if they were partially at fault for the work injury.
The workers’ compensation system provides financial assistance to injured workers. The program pays out benefits for medical expenses, lost wages, and rehabilitation expenses. An injured worker’s family can also receive death benefits if the worker is killed on the job. The benefits program is an important safety net for workers who sustained work injuries.
Should you require assistance filing a claim for work injuries or occupational illnesses, our work injury lawyers can offer your legal counsel.
The Illinois Workers’ Compensation Laws for Injured Workers
The Illinois Workers’ Compensation Act is a state law that provides benefits to employees who are injured or become ill due to their job. The Act covers most types of injuries and illnesses, including those that occur on the job, off the job, and even while traveling for work.
Benefits can include medical expenses, income replacement, and death benefits.
The Illinois law provides for the workers’ compensation system as a no-fault system, meaning that employees do not have to prove that their employer was at fault for their injury or illness to receive benefits. Employees simply need to show that the injury or illness occurred due to their job.
You may be entitled to benefits under the Illinois Workers’ Compensation Act if you are injured or become ill due to your job. Contact a workers’ compensation lawyer to learn more about your rights under this law.
How The Illinois Workers’ Compensation System Works
Workers’ compensation is a system in the United States and many other countries that provide benefits to injured workers or who contract an illness at work. State governments usually administer the program as part of social programs.
The first workers’ compensation law was established with the programs in the early 1900s in response to increasing workplace injuries and fatalities. The program’s original intent was to provide a no-fault insurance system that would provide workers benefits without having to go through a lengthy and costly legal process.
The Illinois Workers’ Compensation System is typically based on the principle of “substitution,” which means injured employees cannot earn their usual wage due to their work-sustained injury or illness. The benefits paid under the program are intended to replace a portion of that lost income and provide for the medical bills associated with the work injury.
Our Chicago workers’ compensation attorneys are available to assist you with any legal advice regarding your work injury.
Illinois Workers’ Compensation Benefits
In Illinois, injured workers who qualify for workers’ compensation benefits might be eligible to receive:
Permanent Partial Disability Benefits
If you have experienced a work-related accident that caused permanent damage to a part of your body, prohibiting you from performing functions of the job you had before your work accident, you may be entitled to Permanent Partial Disability benefits (PPD).
In Illinois, examples of permanent partial disability are:
Scheduled loss-of-use awards
- Illinois uses a schedule to determine the scale of benefits employees with listed injuries may receive. A listed loss of body part can result in an award of 60% of your pre-accident average weekly wages, multiplied by the number of weeks shown in the schedule.
Unscheduled awards
- With a permanent disability not reflected on the schedule, your award will be determined based on your disability rating – corresponding to a percentage of 500 weeks – multiplied by 60% of your pre-accident average weekly wages.
Wage differential benefits
- If you can work after your injury, but there is a loss of income less than your pre-accident earnings, you may be entitled to receive up to ⅔ of the difference between your pre-injury wages and your current earnings. Wage differential benefits will continue for five years or until you reach age 67 – whichever occurs later.
Disfigurement benefits
- You might be entitled to receive up to 60% of your pre-accident wages for up to 162 weeks if your accident resulted in a severe permanent disfigurement that is readily apparent to the public.
Speak to our work injury lawyers from the Injury Lawyer Team today and use our free case review to determine your compensation.
Permanent Total Disability Benefits
Upon reaching the maximum medical improvement period (MMI), your doctor will determine if your work injury has left you with a permanent impairment and to what extent. If you can no longer perform any type of work or lose the use of both of your hands, arms, feet, legs, or eyes, you will be permanently disabled. Permanent Total Disability Benefits (PTD) are payable for the rest of your life.
Lost Earnings
If you cannot return to work for more than three days due to your work-related injury, you are eligible to claim a portion of your loss of earnings during recovery. Illinois law allows you to receive up to 66-⅔ % of your weekly wages. If you can work, but not at total capacity, working fewer hours and earning less money, you can claim a wage differential equal to ⅔ of the difference between the average weekly wage you would have received had your accident not happened and your current earnings.
Medical Benefits
Under the Illinois Workers’ Compensation Act, your employer must pay for all of your reasonable and necessary medical bills associated with your workplace injury. This includes medications, equipment, physical or mental rehabilitation, surgery, hospital care, and more. No deductible or coinsurance is required.
Vocational Retraining
If your workplace accident has caused you to be unable to perform your pre-injury job duties, you may be entitled to receive vocational rehabilitation benefits. These benefits may include education, training, job counseling, or other assistance to help you continue to be part of the workforce. If you receive vocational rehabilitation benefits, you may also be entitled to maintenance benefits while enrolled in an approved program.
Death Benefits
If you are a qualifying family member of a worker who was killed on the job in Illinois, you may be entitled to receive benefits. These benefits may include payment of ⅔ of your deceased loved one’s usual weekly wage up to a maximum of $500,000 or 25 years, whichever amount is greater. An additional $8,000 in burial benefits is awarded to the person who incurred the cost of your loved one’s burial.
Illinois Workers Compensation Commission Regulations
The Illinois Workers’ Compensation Commission (IWCC) is a state agency that administers the workers’ compensation system in Illinois. The IWCC is responsible for issuing regulations that govern the workers’ compensation system.
These regulations are often amended to reflect changes in the law or respond to payout problems through workers’ compensation insurance coverage.
Recently, the IWCC has changed its regulations governing workers’ compensation claims. These changes include new rules on how medical bills are paid, how benefits are calculated, and how disputes between employers and employees are resolved.
The IWCC has also introduced new regulations governing the treatment of injured workers who file a workers’ compensation claim. These regulations set out guiding principles for employers, insurers, and health care providers when treating injured workers.
Car Accidents and Illinois Workers’ Compensation Laws
Injured employees may be eligible for benefits when motor vehicle accidents occur while workers drive for work purposes. In many cases, an accident that occurs while driving a company vehicle will be covered by workers’ compensation insurance.
The company vehicle is considered to be a tool of the job. These cases often involve third-party claims to recover compensation in addition to weekly workers’ comp benefits. The injured worker can file a personal injury claim against the other driver or another party responsible for their accident-related on-the-job injuries.
If you are injured in a car accident while driving for work, you must speak with workers’ compensation attorneys to learn more about your rights and potential benefits.
Who Can Receive Workers’ Compensation Benefits?
Workers’ compensation benefits are available to nearly all employees injured or who become ill due to their job. To qualify for workers’ compensation benefits, the employee must have been injured or become ill while performing job-related duties.
In addition, the injury or illness must be a direct result of the work performed. Workers’ compensation benefits are unavailable to employees injured or who become ill due to negligence when not clocked in for work.
For example, an employee injured in a car accident on the way to work would not be eligible for workers’ compensation benefits. However, an employee injured in a car accident while on a company-sponsored trip would qualify for workers’ compensation benefits.
Workers’ compensation benefits are also unavailable to employees injured or who become ill due to their preexisting conditions.
Special Worker Protection Laws
Worker’s compensation benefits are a vital part of the safety net for workers in Illinois. The state has worker protection laws for workers’ compensation benefits for railroad employees (FELA), workers on navigable water (the Jones Act), and City of Chicago Police Officers.
Federal Employer’s Liability Act
The Federal Employers’ Liability Act (FELA) is a federal law that provides worker compensation benefits to railroad workers who are injured or die due to their job. The law is based on the principle that employers should be held responsible for the safety of their employees. FELA covers all types of railroad work, including train crews, switchmen, engineers, conductors, and brakemen.
Jones Act
The Jones Act is a federal law that provides worker’s compensation benefits to maritime workers who are injured or die due to their job. The law is based on the principle that employers should be held responsible for the safety of their employees. The Jones Act covers all types of maritime work, including sailors, longshoremen, harbor workers, shipbuilders and repairers, and tugboat operators.
Police Officers
Chicago has its own set of worker protection laws for police officers. These laws provide police officers with worker compensation benefits if injured or killed in the line of duty. The laws are based on the principle that police officers should be provided financial security if they are injured or killed while performing their duties.
Common Types of Injuries Involved in Workers’ Compensation Cases
A workers compensation case can involve various injuries, from minor cuts and bruises to more severe injuries such as spinal cord damage or brain injury. Injuries can also occur over time due to repetitive motions or exposure to hazardous materials.
Some common types of injuries involved in worker compensation claims include:
- Carpal Tunnel Syndrome: A common injury in work compensation claims. The main symptom of carpal tunnel syndrome is intense pain in the hands and wrists. This pain can make it difficult to do everyday tasks like typing or using a computer mouse.
- Repetitive Stress Injuries (RSI): Another common injury in worker’s compensation cases. Employees with repetitive stress injuries are often repeatedly doing the same task, leading to pain, swelling, and stiffness in the hands, wrists, elbows, shoulders, or neck.
- Back Injuries: Back injuries are among the most common workers’ compensation injuries and can include herniated disks, spinal cord compression, and fractured vertebrae.
- Burns: Burns are a common workplace injury from exposure to chemicals, and can cause severe damage to skin, muscles, and bones.
- Traumatic Brain Injuries (TBIs): An employee falling and hitting their head often suffer skull fractures, concussions, and brain trauma.
- Spinal Cord Injuries: Any minor to severe spine trauma can cause nerve damage and temporary/permanent paralysis.
- Cuts and Lacerations: Cuts and lacerations are a common type of injury in workplaces with sharp objects or hazardous chemicals.
- Eye Injuries: Eye injuries can occur when workers are exposed to hazardous materials or when they are struck in the face by an object.
- Head Injuries: Common in workers’ compensation cases caused by a fall, being hit by an object, or exposure to hazardous materials.
- Knee Injuries: Knee injuries are also common in work compensation cases. They can be caused by a fall, being hit by an object, or overexertion.
- Internal Organ Damage: Can occur when workers are exposed to hazardous materials or are involved in a severe accident.
- Broken Bones and Joint Fractures: Falling from heights or slipping on wet surfaces can lead to severe fractures that take months to heal completely.
Can I Choose My Doctor for My Medical Treatment? Must I Use the One Recommended By My Employer’s Insurance Company?
Ensuring the injured worker receives the best possible medical treatment is essential. The workers’ compensation system in most states, including Illinois, allows employees to choose their doctor from a list of doctors who the workers’ compensation insurance company approves.
Making your own decision is crucial, as the doctor will be responsible for diagnosing and treating your work-related injuries.
There are several factors to consider when choosing a doctor through the workers’ compensation system. One of the most important is experience treating work-related injuries.
It is also essential to find a convenient doctor, as you may need to see them regularly. You should also consider the doctor’s fees, as workers’ compensation insurance may not cover them.
When you have found a doctor, make an appointment and bring along any medical records or other information about your injury. The doctor will review your records, ask about your injury and how it affects you, and then create a treatment plan paid for by the employer’s insurance company.
Weekly Work Injury Claim Payouts Based on The Average Weekly Wage
Illinois law protects workers from the financial fallout caused by job-related injuries or illnesses by mandating that employers carry workers’ compensation insurance.
In recent years, the average weekly payout for workers’ compensation claims has been based on the employee’s usual weekly wage. According to a National Academy of Social Insurance study, the average weekly wage (AWW) is projected to increase significantly in the next few years.
By 2021, the AWW reached $1,156.52, which increased the average weekly payout for workers’ compensation claims to $588.26.
Chicago workers should be aware of these changes and understand what they could expect in terms of payouts if they are injured on the job based on the state workers’ compensation laws for any work-related accident or exposure.
Report Every Job-Related Injury to Your Employer
An injured employee must report any work-related injury to their immediate supervisor, manager, or other employees charged with filing a claim with their insurance company.
Typically, workers’ compensation insurance companies will pay a claim for the injured victims based on the assessment of their occupational illnesses or injuries based on various factors, including:
- The injured worker’s age
- The severity of the worker’s injuries or illnesses
- The part of the body affected by the injury or illness
- The type of job the injured worker was performing at the time of the accident or exposure
- Whether the worker will be able to return to their previous job or if they will have any permanent disability
Worker’s compensation insurance companies will also pay for the injured worker’s reasonable and necessary medical costs related to their occupational injury or illness and lost wages.
Should you require any legal counsel, Chicago workers’ compensation lawyers will gladly assist during our free consultation offer.
Contact A Chicago Workers’ Compensation Lawyer If Your Claim Is Denied
If your workers’ compensation claim is denied, you have the right to appeal the decision. An experienced workers’ compensation lawyer can help you navigate the appeals process and ensure that you get the benefits you deserve.
In some cases, injured workers may be able to file a personal injury lawsuit against their employer if their injuries were caused by negligence or recklessness. For example, if a defective product injures an employee at work, they may be able to file a lawsuit against the manufacturer for the defective product.
Speak to a Chicago workers’ compensation lawyer at Injury Lawyer Team in a free case evaluation and let them advise you of your rights.
Filing A Third-Party Claim Separate from Workers’ Compensation Benefits
In some cases, injured workers may be able to file a third-party claim in addition to their worker’s compensation benefits. A third-party claim is a personal injury lawsuit filed against someone other than the worker’s employer.
For example, if a worker is injured in a car accident while on the job, they may be able to file a lawsuit against the driver who caused the accident.
Filing a third-party claim does not affect an employee’s right to receive workers’ compensation benefits. An experienced lawyer can help determine if you have a valid third-party claim based on your work-related accident.
These personal injury lawsuits provide additional monetary recovery over and above Illinois worker’s compensation benefits.
The Workers’ Compensation Insurance System: How Long Do I Have to File a Claim For My Work-Related Injuries?
When you are injured on the job, it is essential to take action quickly. As an injured employee, you have a limited time frame to obtain compensation and file a claim. In most cases, you have 45 days from the date of your injury to file a claim or when you are diagnosed with a workplace injury or illness.
If you do not file within that time frame, you may lose your right to compensation.
If you are injured at work, it is important to seek medical attention right away. You should also report the injury to your supervisor and file a workers’ compensation claim as soon as possible. Filing a claim is not always easy, but it is essential if you want to receive compensation for your injuries.
Statute of Limitations on Third Party Claims
If you are filing a worker’s compensation case at work, you have two years from the time of your work-related injury to submit a claim against any individual or entity responsible for your damages other than your employer. The additional claim or lawsuit does not affect her benefits through the Illinois workers’ compensation system.
Our Chicago workers’ compensation lawyers can help you file a workers’ compensation claim and get the compensation you deserve. We understand the process, and our workers’ compensation lawyers will guide you through every step of the way. Contact Chicago, IL, law offices today for a free consultation.
What To Do If Your Workers’ Compensation Check Is Late
If you are one of the many Americans who rely on workers’ compensation to make ends meet, you know that a late payment can be a significant headache. Not only does it put your finances in a bind, but it can also make it difficult to pay your bills and cover your other expenses.
Fortunately, you can do a few things to ease the pain of late payment. First, reach out to the workers’ compensation carrier and let them know about the problem. They may be able to help you get your payment processed more quickly.
You can also try contacting your state’s department of labor. They may be able to provide some assistance or information on how to file a complaint. Finally, if you need help making ends meet in the meantime, consider reaching out to a financial advisor or credit counseling service.
By taking these steps, you can ensure you get the money you deserve as quickly as possible. If you do not get the response you need to ensure timely payments, our Chicago, IL workers’ compensation attorneys could take legal action to hold the insurance company accountable.
Hire Chicago Workers’ Compensation Lawyers
Have you suffered a work injury and are not sure you are receiving all the benefits you deserve? The Chicago workers’ compensation attorneys at Injury Lawyer Team understand comprehensive workers’ compensation law. They can help you receive maximum compensation for your physical injuries or occupational illnesses.
Contingency Basis
Contact a Chicago workers’ compensation lawyer to schedule a free consultation. We accept all Chicago Worker’s Compensation claims on a contingency fee basis; and will pay no upfront fees until your experienced workers’ compensation attorney resolves your claim.