If you were injured on the job, you might be entitled to receive workers’ comp benefits. The worker’s compensation program makes funds available for employees who sustain workplace injuries, become ill from exposure to hazardous materials, or even when injured in motor vehicle accidents when going to work.
- Naperville, Illinois
- Naperville’s Industrial History
- The Workers’ Compensation Benefits Program
- The Role of a Worker’s Compensation Lawyer
- Workers’ Comp and Personal Injury Law
- How Much Do Naperville Workers Compensation Lawyers Charge?
- Why Workers’ Compensation Lawyers Charge Percentage of a Fee
- Can I Sue Workers Comp for Emotional Distress, Pain, and Suffering to Receive Benefits?
- What Are Gross Negligence and Willful Misconduct?
- How Simple Mistakes Result in Serious Injury
- What Should I Do If Someone Is Injured?
- The Anatomy of Naperville Workers’ Compensation Claims
- Less Than One in Four Injured Illinois Workers Filed for Compensation
- Why Naperville Workers Compensation Attorneys Can Help Stack the Odds in Your Favor of a Good Recovery
- Contact our Naperville, IL, Workers’ Compensation Lawyers for Legal Advice and Representation
Did you suffer a workplace injury or lose a loved one through a preventable death caused by another’s negligence?
At Rosenfeld Injury Lawyers, LLC, our personal injury attorneys represent injured workers, ensuring they receive the benefits and other fair compensation they deserve. Payments are available through a workers’ compensation claim filed by an Illinois lawyer from our law firm.
Call our Naperville workers’ compensation lawyers at (888) 424-5757 (toll-free phone number) or use the contact form today to schedule a free consultation. All confidential or sensitive information you share with our legal team remains private through an attorney-client relationship.
Like most of Chicago’s suburbs, the local industry fueled Naperville’s growth for decades. Today, many companies that called Naperville home during its development continue to employ thousands of workers.
However, when their workers were injured in an on-the-job accident, they turned to our dedicated Naperville workers’ compensation lawyers to protect their rights and represent their interests against employers, the insurance company, and third parties.
Our successful track record and many years of experience handling Illinois workers’ compensation claims and employer negligence lawsuits have made us one of the most trusted law firms in the state. We are confident we can help you recover the compensation you need and deserve.
Naperville’s Industrial History
Once Naperville became a part of the Illinois Technology and Research Corridor, its reputation as an industrial town faded. Still, industries have been an essential part of the city’s growth.
The current industrial companies that still call Naperville home are Nalco, BP America, Kraft Foods, Laidlaw, and ConAgra Foods. Nalco, BP America, and Nicor specialize in transporting and selling hazardous or flammable materials. As a result, their employees are at a higher risk of being seriously injured than those working in other professions.
A Chicago workers’ compensation lawyer understands that injuries from exposure to harmful chemicals represent only four percent of all reported workplace accidents yearly but are responsible for fourteen percent of all fatalities present in a personal injury lawsuit.
Were you or a family member injured on the job? Do you need a Naperville workers’ compensation attorney? If so, contact Rosenfeld Injury Lawyers, LLC, for a free consultation.
The Workers’ Compensation Benefits Program
In 1911, Wisconsin initiated the worker’s compensation program. Thirty-seven years later, Mississippi was the final state to incorporate worker’s compensation benefits to protect its public and private workers.
Since then, employers in every state have been required to carry workers’ compensation insurance coverage with an insurance company for every employee who becomes sick or gets hurt.
The law requires that employers purchase workers’ comp insurance to protect their employees in the event of a workplace injury.
Illinois Workers Compensation Act requires employers to provide workers’ compensation insurance for almost everyone hired, injured, or whose employment is localized in Illinois.
This policy typically covers accidents resulting in death, broken bones, loss of eyesight, paralysis, and other work-related injuries that prove fatal. Workers’ comp benefits vary from state to state but typically protect workers’ rights to receive half of their average weekly wages while they recover.
This compensation is not subject to federal income tax and cannot be seized to satisfy debts outside your worker’s comp case. Unlike personal injury lawsuits, the damages you collect from other at-fault parties do not reduce workers’ compensation payments.
Many injured employees find that their work injury claims are delayed or denied by the insurance company. While it is up to insurance companies to prove that an employee is not entitled to benefits, workers must act quickly to protect their interests.
The Role of a Worker’s Compensation Lawyer
Our Naperville, IL, lawyers are well-versed in this area of law and provide our clients with the best representation possible to file the best potential Naperville workers’ compensation claim.
In addition, we have over twenty years of experience that allows us to take legal action on your behalf to help ensure you receive the benefits you deserve.
Our law firm does not charge a fee until after winning your case, so don’t hesitate to contact us today for a free consultation. An Illinois workers’ compensation lawyer will review your case and ensure you know exactly what to expect throughout the legal process.
Workers’ Comp and Personal Injury Law
Are you suffering from more than one work-related injury? If so, compensation benefits may also apply for injuries sustained on the job unrelated to your original accident.
For example, an employee may be injured by a defective product, suffer an injury on the job due to physical limitations, or sustain an injury by exposure to hazardous materials.
If you are hurt in a non-work-related incident but were still at work at the time of your accident, this may be considered a “situs” and result in workers’ compensation benefits. While proving that the incident happened while you were working is complex, our Naperville workers’ compensation lawyers can help gather evidence.
Our firm has represented many clients injured in accidents that are not their fault. While workers’ comp may be available, they can also file a personal injury claim against their employer or coworker.
In addition, if your injuries keep you from returning to work, we will fight for your future and help recover damages that compensate you for your loss of future earning power.
Seek Advice From Naperville Workers Compensation Lawyers
When the insurance adjuster makes an offer at the mediation stage, wait to decide until an experienced personal injury attorney review it with you in detail. Our knowledge of Illinois laws and regulations allows us to negotiate on your behalf to ensure you receive the compensation you deserve.
If your claim is rejected, our legal team can also take legal action to file a third-party lawsuit against any negligent parties that may be at fault for your injuries. We have an excellent track record in handling these cases and are confident we can get your desired settlement.
Time is of the essence in workers’ compensation cases due to the Illinois statute of limitations, so please act quickly to get the help you need. Our legal team can help gather evidence and file your paperwork before it is too late.
For more information on filing a claim or questions, contact a Naperville workers’ compensation attorney from our law firm at (888) 424-5757.
How Much Do Naperville Workers Compensation Lawyers Charge?
That depends. If your Naperville workers’ compensation attorneys are working to maximize your Worker’s Comp benefits, they may charge by the hour. If this occurs, you will see those costs reflected in the bills you receive from your workers’ compensation attorney.
In some cases, the Naperville worker’s compensation lawyer fees are a percentage of what you win or settle for should the case be negotiated or resolved in court.
Our attorneys can ensure you receive as much money as possible and have us on your side for as long as possible, including getting social security disability payments and your workers’ comp payments.
However, you may be able to receive additional compensation through third parties or your employer if their egregious negligent actions led to your injuries, damages, or the wrongful death of a loved one. In these cases, your workers’ compensation attorney will work on a percentage fee basis that works by adding to your settlement.
Why Workers’ Compensation Lawyers Charge Percentage of a Fee
Accepting a position at a company, working in a factory, or holding a job on a construction site typically provides workers’ compensation coverage if the employee is hurt or becomes ill at work.
In many cases, the worker’s negligence led to their injuries. Even so, workers’ compensation benefit laws allow workers or their surviving family members to seek financial recovery to cover their damages while they heal. These damages typically include medical expenses and time away from work.
However, additional benefits may be available if the employer’s negligence, a defective product, another contractor, or other extenuating circumstances led to the injured worker’s damages.
When this occurs, a personal injury attorney working on behalf of their client will likely file a claim or lawsuit against all responsible parties (the defendants) seeking additional compensation over and above the workers’ compensation benefits.
Potential defendants listed as a third-party in a personal injury case could include:
- A manufacturer that sold the defective product
- A negligent employer who failed to provide safety equipment to the injured worker
- A professional who was unable to provide a safe work environment
- A construction contractor that did not follow safety regulations when building the site
- Any other parties that contributed to the worker’s injuries
Because personal injury attorneys working on a percentage of their fees must cover all costs associated with a case, they will add these third-party defendants’ compensation offers or jury verdicts to the worker’s settlement.
Working on a percentage serves the advantage of the attorney and the injured party who wants to receive the maximum compensation available under the law.
To ensure that you receive as much money as possible for your injuries and damages, you must seek legal representation from a law firm with experience in dealing with personal injury law and third-party lawsuits.
Can I Sue Workers Comp for Emotional Distress, Pain, and Suffering to Receive Benefits?
No. Under the workers’ compensation coverage rules, the benefits program only provides checks to pay medical bills, temporary/permanent disability, and lost wages. Therefore, the injured party will likely receive 66.66% (two-thirds) of their average weekly wage concerning lost earnings.
If the injured worker’s average weekly wage fluctuated over the last few months, the system calculates how much they are owed. The strict limitation does not allow additional compensation for emotional distress, pain, or suffering.
In these cases, the injured party must file a personal injury claim or lawsuit against their employer or others (third parties) citing non-economic damages.
An important note is that worker’s compensation laws protect employers from being sued. Therefore, if you file a personal injury lawsuit against your employer, they will seek compensation for any damages or lost earnings through their insurance company, not worker’s compensation.
All employees working within the United States borders must legally provide workers’ compensation Insurance. However, this can be an extremely complex legal matter, and if you are unsure of your current coverage, it is best to speak directly with a qualified attorney.
What Are Gross Negligence and Willful Misconduct?
Gross negligence and willful misconduct often fall into the same category regarding workers’ compensation laws.
If an employer’s actions or negligence caused injury to an employee, it is considered “gross,” and the injured party would be entitled to additional compensation. If the jury determines that gross negligence was involved, they may award up to three times the damages sustained by the plaintiff (injured worker).
Gross negligence can also include willful misconduct by the employer. Acts of willful misconduct often involve disregarding safety precautions or intentional actions that harm employees within the factory.
A worker who sustains a personal injury in a workplace accident may file a workers’ compensation claim with their employer for benefits, including medical treatment and partial lost wages.
However, if your injury was caused by your employer’s gross negligence or willful misconduct, you are entitled to additional compensation for your damages.
How Simple Mistakes Result in Serious Injury
No matter how hard one tries, accidents happen, and employers must ensure their employees are safe when handling hazardous materials.
There are many different types of accidents in the workplace, which our Naperville workplace injury lawyers encounter daily.
- Chemical burns result in severe skin and underlying tissue damage, including nerve damage. In addition, chemical burns cause extreme pain that can lead to disfigurement or scarring if not treated quickly enough by medical professionals.
- Explosions: One worker’s error can impact the lives of every worker in the area and even claim lives. Utility work is hazardous when safety precautions are ignored or workers do not follow proper steps before digging near power or gas lines.
- Inhalation of toxic vapors: Workers exposed to chemicals over a prolonged period could experience health issues. It may take years of exposure for them to become ill or have medical complications. Workers injured due to their work environment should be able to recover compensation for the subsequent treatment.
- Contact with machinery or tools: Workers in industrial settings must always be aware of their surroundings. Those who operate the machines know where their coworkers are located to prevent serious accidents involving contact with moving equipment.
- Electricity: Workers unfamiliar with electrical work or how to perform tasks safely can risk severe injury or even death by coming into contact with electrical currents.
It is also essential for all workers to follow the safety procedures outlined by their employers to be aware of potential dangers, especially when working with heavy equipment.
What Should I Do If Someone Is Injured?
Were you injured at work? Speak with your supervisor or the person in charge of human resources for your company. They can assist you with filing a workers’ compensation claim if needed and be available to offer support, answer questions and advise you on how to proceed after an accident.
However, if your injury occurs due to your employer’s gross negligence or willful misconduct, you are entitled to additional compensation for your damages.
The Anatomy of Naperville Workers’ Compensation Claims
Are you injured in a workplace accident? If so, filing for workers’ compensation may seem difficult or tedious because it deals directly with legal issues to get disability benefits.
The process of receiving compensation after suffering an injury is complicated and confusing. But, if you’ve been injured, our Naperville workers’ comp attorneys can help make sure your rights are protected to ensure the total amount of money owed due to your injuries isn’t taken away from what was promised in the first place.
Many myths about the legal system process dissuade injured workers from seeking the total compensation they are entitled to receive under the law.
However, our experienced Naperville workers’ comp attorneys can help you understand your rights and ensure you get what’s due for all damages caused by an injury or accident.
The following lists your guaranteed rights by state law, regardless of who was at fault for your work injuries.
- You could be covered for the cost of your medical treatment, regardless of whether you see a doctor or an insurance company’s recommended professional. Employers often try to prevent you from seeking a second opinion with your physician and obtaining care outside their network. You have complete control over who treats you as long as it is within reason, given what happened leading up to this point.
- The Compensation Act ensures you receive financial compensation to cover sixty-six percent of your wages during your time off work. In addition, should your workplace injury result in a permanent disability, you qualify for additional benefits as a lump sum payment.
The Illinois Workers’ Compensation Commission has set up funds for inflation and cost of living increases. You might also likely qualify through the Social Security system, which will pay out benefits and medical expenses covered by them.
- You have the right to investigate what happened during your accident and file a claim against your employer if you suspect they acted unsafely or did not provide the necessary equipment to prevent accidents.
All claims are submitted to the Illinois Workers’ Compensation Commission (IWCC). If you cannot agree with your employer, the IWCC will act arbitrarily. Hearings for the Naperville area are held at the Wheaton site, which is located at:
DuPage Government Center
421 N. County Farm Road
I-500A JTK Building
Wheaton, IL 60187
Less Than One in Four Injured Illinois Workers Filed for Compensation
Approximately 90% of injured workers that filed a claim settled for an acceptable amount to cover medical benefits and lost earnings. However, about 10% got denied by arbitrators working on behalf of the Commission.
Of the workers’ compensation claims filed in 2017, a little less than half were denied benefits at first. About 40% Of those who appealed their claim settled. Nearly 10% had their case closed without being granted benefits again.
About one-third of all worker’s comp cases came from Cook County, but only 25 more people have been given access to medical care while they wait for another review
The Commission statistics revealed that the top leading causes of job-related injuries that did not result in a wrongful death happened through a:
- Slip, trip, or fall
- Auto accidents while the employee was working
- Contact with a piece of equipment or object
- Workplace violence
- Harmful toxic or environmental condition exposure
- Worksite collisions with heavy equipment, trucks, and cars
The leading industries involving Illinois workers’ compensation benefits happened in various occupations for the government, manufacturing, natural mining and resources, construction, and services.
Why Naperville Workers Compensation Attorneys Can Help Stack the Odds in Your Favor of a Good Recovery
Data reveals that about eighty-six percent of workers in Illinois get help from a lawyer before filing paperwork. Because workers want to make sure everything’s done right and all their benefits are paid out correctly.
Employers and insurance companies often try to delay payments or mislead workers into accepting settlements not in their best interests.
However, the likelihood of this happening is much lower when Naperville workers’ compensation lawyers represent you. If the company gets caught, they’ll be required to pay additional damages as punishment for breaking the law.
Contact our Naperville, IL, Workers’ Compensation Lawyers for Legal Advice and Representation
The widely respected Naperville workers’ compensation lawyers at Rosenfeld Injury Lawyers, LLC, provide clients with access to the most qualified medical specialists in the state to receive quality medical treatment and rehabilitative therapy.
These same medical experts testify to support the value of your case. Call our legal team at (888) 424-5757 (toll-free phone number) or use the contact form today for a free initial consultation on maximizing your workers’ comp claim.
Our law firm has represented injury victims for decades and has successfully recovered millions. We remain committed to your success and will only accept payment once you’re satisfied. Let’s schedule an appointment if you can meet with us at one of our offices or would prefer a home visit!
Contact us for immediate legal advice and information on our personal injury attorneys’ practice areas, law office locations, and resolving workers’ comp cases. We handle personal injury cases in both state and federal courts.
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