A work-related injury can leave you overwhelmed and uncertain about your future. You may miss out on paychecks, have accumulated medical bills, future economic losses, lost wages, and be overwhelmed with paperwork, but Chicago workers’ compensation lawyers can help.
Losing work due to a job-related injury can be an extremely stressful and uncertain time. Illinois law protects workers from damaging fallout-related job injuries by requiring employers to carry workers’ compensation insurance.
Speak To One Of Our Experienced Chicago Workers’ Compensation Lawyers Today
However, many injured workers miss all the financial compensation they deserve. Our personal injury attorneys are here to help. Contact an experienced Chicago workers’ compensation lawyer at (888) 424-5757 (toll-free phone call) to schedule a free consultation.
When you work hard and suffer a serious injury, our Illinois workers’ compensation attorneys fight to help you get the benefits and medical treatment you need and deserve. Call our Chicago workman comp lawyers today at (888) 424-5757 for a free consultation.
Illinois Workers Compensation Benefits
Like most people, you want to focus on recovery and restoring your life. But unfortunately, you may need more time or energy to file claims or deal with legal issues stemming from your work injury. For these reasons, many injured employees could miss out on all the workers’ compensation benefits they deserve.
Our Chicago workers’ compensation lawyers can help. At Rosenfeld Injury Lawyers, LLC, we work with you to determine the best ways to secure your rights and maximize your benefits. Workers’ compensation benefits can include reimbursement for all reasonable medical expenses related to treatment for the work injury.
Additional permanent total disability benefits (PPD) are available for severely injured people who cannot return to work. Duty disability benefits are available for law enforcement hurt or killed in the line of duty. For example, if an injured worker is forced out of work due to occupational injuries, they may be entitled to partial wages. In addition, injured workers may receive a lump sum settlement to compensate for pain, suffering, and pre-accident wages.
The Illinois Workers’ Compensation System Ensures Wage and Medical Benefits to Injured Workers
In the days following a serious workplace injury, you likely have many questions regarding your workers’ compensation benefits and rights through the state’s workers’ compensation system.
You may even see advertisements from Illinois law firms offering fast cash in exchange for filing workers’ compensation claims.
Worker’s compensation helps to reduce the blame game between employers and employees by providing a no-fault insurance system that pays for a work-related accident leading to injuries or illnesses regardless of who was at fault.
Under workers’ compensation, it does not matter whether the employer was negligent in providing a safe working environment. If an employee is injured, they may be entitled to workers’ compensation. Negligence will play a role if an injury lawsuit is pursued.
Employers may be liable to third-party workers outside their direct control if they fail to report injuries/illnesses on time, leading to confusion as medical costs keep increasing for someone who should not have been working.
IWCC provides online information regarding state workers’ compensation laws, forms, and reports needed to run a business.
Common Work-Related Injuries
Workplace injuries to the following body parts can occur while working in Chicago:
- Shoulders: Including rotator cuff injuries, biceps tendonitis or tears, and torn labrums
- Elbows: Injured workers can fully recover with prompt medical treatment
- Back: Chronic back pain may typically result from poor posture when working long hours. Many workplace injuries involve lifting heavy objects.
- Knees/legs: These injuries may result from improper safety equipment
- Traumatic brain injuries: These injuries may be caused by a fall or bump to the head, and can result in serious long-term effects.
- Spinal cord injuries often result from a fall , motor vehicle accident, or other traumatic event. They can cause paralysis and long-term disability.
- Permanent disability: Any severe injuries could lead to being permanently disabled, where the injured employee cannot return to work after reaching maximum medical improvement (MMI).
Industries and Occupations with the Highest Rates of Work Injuries
The workers compensation attorneys at Rosenfeld Injury Lawyers have seen thousands of cases involving a work-related injury. Patterns have developed as the data has accrued, and it is clear that some industries and occupations pose a particular risk to workers.
Every worker in every industry could get injured while they are on the job, but some fields have higher rates of incidents than others, including;
- Agriculture, forestry, fishing, and hunting
- Nursing and Healthcare
- Warehouses and storage
- Air transportation
- Government transit services
Similarly, specific roles often lead to injured workers and are, therefore, more likely to result in workers compensation claims.
- Truck drivers
- Construction workers
- Law enforcement
- Manufacturing workers
- Other vehicle operators
Ergonomic Risk Factors: Repetitive Stress Injuries and Other Work-Related Injuries
The Centers for Disease Control and Prevention reports that repetitive stress injuries are the most common workplace-related injuries.
Some of these diseases include trigger finger, tenosynovitis, tennis elbow (lateral epicondylitis), and carpal tunnel syndrome, to name a few.
Nerve Damage Injuries
Nerve injuries include, but are not limited to, the following:
- Carpal Tunnel Syndrome
- Cubital Tunnel Syndrome
- Morton’s Neuroma
- Peripheral Neuropathy
Third-Party Workers’ Comp Liability Claims
Were you injured due to someone’s negligence who is not employed where you work but rather doing business for another company?
If so, you may be entitled to file a third-party liability claim  based on your responsibilities for your temporary or permanent injuries.
Injured victims could file third-party lawsuits against someone employed by another business if they caused the injuries should they seek to obtain compensation or death benefits.
A third-party lawsuit could cover medical bills and lost income in numerous industries, including office workers, railroad workers, construction workers, drivers in highway workzones, and others with mild to severe damages.
Workers’ Compensation Benefits Under FELA (Federal Employers Liability Act)
If you’re injured on the job, even if your work injury is not your fault, you could receive certain benefits from workers’ compensation insurance by filing a compensation claim.
Were you injured due to someone’s negligence who is not employed where you work but rather doing business for another company?
If so, you may be entitled to file a third-party liability claim based on your responsibilities for your temporary or permanent injuries.
These benefits could include:
- Medical expenses from the accident that keep you out of work, including medical malpractice.
- A portion of your lost wages if you cannot return to work because of your physical injuries. The number of weeks of benefits varies by state. In many workers’ compensation cases, the weekly benefit is 2/3 of your take-home pay.
- Permanent partial disability benefits if you suffer from a disabling condition that makes it impossible for you to continue working in your current occupation – or – any occupation.
- Temporary total disability payment benefits are paid to employees who cannot temporarily work because of their on-the-job injuries.
- Vocational rehabilitation: Typically, vocational rehabilitation (vocational retraining) can help secure compensation by returning to work on a wage differential (lower-paying job) due to work injuries.
- Death benefits vary by state and are payable if a death results from a workplace accident or disease. Workers’ compensation insurance may also pay funeral expenses and certain outstanding debts the deceased person owes.
Workers’ Compensation Reform Act of 2012
The Workers’ Compensation Reform Act of 2012 was signed in January 2013. This Act changes existing laws, including changing the definition of “employee” for workers’ compensation and unemployment insurance purposes.
Starting January 1, 2014, all employees who met the definition of “employee” under the common law test – regardless of whether they have a written employment contract – were covered by workers’ compensation laws.
These laws allow most injured workers to file for benefits through the Illinois Workers’ Compensation Commission or the employer’s insurer.
Illinois Workers’ Compensation Act
The Illinois Workers’ Compensation Act  does not apply to an independent contractor or a sole proprietor.
If you are the sole member of a domestic limited liability company, that entity is also considered a sole proprietorship for workers’ compensation purposes.
The first workers’ compensation law governing injury claims was written about a century ago to protect every employee and employer. This policy covers medical costs and a portion of the injured worker’s lost income.
Illinois Worker’s Compensation System
The Illinois worker’s compensation system is a “no-fault” system, meaning no blame is cast on an injured employee for their work injuries resulting in disability. This feature allows for greater protection of employees so that they cannot be taken advantage of while still receiving the benefits they are owed.
The workers’ compensation insurance system also benefits the employer and may be less expensive than other types of coverage.
For example, more than 97 percent of business establishments in Illinois are covered by workers’ compensation insurance.
Worker’s Compensation and The Jones Act
Worker’s compensation benefits are available to every seaman, not an independent contractor, with few exceptions.
The injured party files a claim with their employer’s insurer that usually covers missed weekly wages, temporary or permanent disability, and medical bills until they are healed and can return to work.
Surviving family members, including minor children, can receive death benefits, funeral expenses, and social security benefits for every worker injured or killed on the job.
Ordinances like the Jones Act fall under the umbrella of Special Worker Protection Laws, which are only available to certain industries like law enforcement, railroads, and waterways.
Workers’ Compensation Claim Benefits FAQs
When you are hurt on the job, filing a workers’ compensation claim for benefits is the primary means of recuperating and obtaining medical attention and treatment.
In addition, worker’s comp provides injured workers with financial support during their recovery, helps them get back to work sooner, and protects employers from personal injury lawsuits.
The items addressed below are frequently asked questions about the Illinois workers’ compensation system (no-fault) and pay on a work injury claim:
What immediate steps should be taken after a worker suffers an injury?
Immediately following the accident, worker’s comp representatives will assess your condition and determine whether you are eligible for temporary total disability (TTD) payments or permanent partial disability benefits.
Additionally, the patient should visit a medical professional as soon as possible. Finally, the workers’ injuries should be documented in their medical records for their comp insurance company.
What is a workplace injury?
A workplace accident that causes immediate pain or long-lasting impairment is considered a work-related injury. If an accident on the job results in long-term medical care, loss of wages , disfigurement, or permanent/total disability benefits, it is usually covered under worker’s comp benefits.
What is the time limit for filing a workers’ compensation claim or personal injury lawsuit?
Workers’ comp claims must be filed within two years of the injury, determined by the last day of your disability. If your disability lasts more than one year, you have up to three years to file a workers’ compensation claim.
The deadline to file a workers’ compensation case involving medical benefits, social security disability , and vocational retraining can be extended in certain circumstances.
How long will it take to receive workers’ compensation benefits?
In most cases, the first payment of benefits will be received within two weeks after filing a workers’ comp claim.
However, the time it takes to resolve your Chicago, IL, workers’ compensation claim depends on certain factors, such as the severity of your condition and whether other parties are involved in the accident.
What are most lawyer fees for a car accident?
An insurance adjuster generally determines workers’ benefits on behalf of the employer’s insurance company. Depending on your on-the-job injury, you may receive weekly or lump sum payments — usually up to 2/3 of your average weekly wage (AWW), capped at $800/week.
In most worker’s compensation cases, with work-related injuries, including permanent partial disability, worker’s compensation benefits will be paid until the injured worker returns to work, dies, or reaches retirement age .
How are worker’s comp wage differential benefits determined?
Workers’ compensation lawyers work to get the best possible benefits for their clients by:
- Helping them file a worker’s compensation claim
- Gathering evidence to support their case
- Reviewing medical care records
- Negotiating with the insurance carrier
Sometimes, the victim’s Chicago workers’ compensation lawyer will file a personal injury claim seeking additional compensation for occupational illnesses, injuries, or the wage differential if they must return to their job duties and it pays less than their current position.
A competent Chicago workers’ compensation lawyer could file third-party injury claims if any party other than the worker’s employer is entirely or partially responsible for the victim’s latent injuries.
Chicago Workers Compensation Lawyer
Were you injured while working and need to seek maximum compensation for your damages? If so, the Illinois workers’ compensation lawyers at Rosenfeld Injury Lawyers, LLC have a proven track record of resolving complex cases.
Our Cook County firm understands you have a limited time to file your workers’ compensation claim.
Speak with an experienced Chicago workers’ compensation lawyer. Let a successful workers’ compensation attorney recover compensation through an injury lawsuit on your behalf.
Expert Legal Assistance
Trying to apply for workers’ compensation benefits can be a complicated process, and most injured workers do not understand the laws on this subject. The last thing you want to do is make a mistake that will undermine your application, resulting in reduced workers compensation benefits or none at all.
Our attorneys will ensure that you have someone who understands the workers compensation system on your side.
Unfortunately, in many cases, injured workers who apply for benefits do not receive the full amount that they deserve. Insurance companies and self-insured employers do not want to lose the money required to cover your financial needs and may look to avoid sufficient payouts.
With workers compensation attorneys on your team, we will work toward fair compensation for your case so that you do not have to worry about your financial future. Our team understands workers compensation law, and our goal is to help each client obtain the financial means to maintain their quality of life while recovering physically.
Personal Injury Assistance if Necessary
Perhaps your specific circumstances actually dictate an injury claim could be filed, earning you even more compensation. If that is the case, Rosenfeld can be the perfect resource to lean on for the lawsuit process.
Whether a settlement occurs with the insurer or the case goes to court, we will be by your side, providing sound legal advice and gathering evidence to support your claim. When injuries occur because of the negligence of others, you deserve to be fairly compensated if the Illinois workers compensation system is not enough.
Knowing What Evidence to Prioritize
Evidence plays a significant role in any kind of legal case, whether it is personal injury, workers compensation, or even a criminal proceeding.
The Illinois Workers Compensation Act lays out requirements that must be met by workers in order to qualify for benefits, and providing the right evidence can mean the difference between being approved or denied.
Examples of evidence that our team will work with you to provide include;
- Medical records: This documentation will prove the extent of the injuries, the timeline, and any other relevant factors based on a healthcare professional’s examination and care.
- Records of employment: When disputes arise, it can be helpful to provide records of employment, such as pay stubs, employment offers, or performance reviews, to describe the nature of the employer-employee relationship.
- Accident reports: If there is an official report of the incident that resulted in the injury, this is an important document to obtain to support your claim.
- Eyewitness testimonies: If anyone witnessed the incident or the circumstances that caused your injury, their testimonial could prove vital to your case, especially if it proceeds to court.
Interpreting Potential Benefits
It can be hard to understand what you are eligible for as defined by the Illinois Workers Compensation Commission. Maybe you don’t know the difference between temporary total disability and permanent partial disability benefits.
Fortunately, we do! Work injury lawyers can help you determine what categories your injuries have made you eligible for. This will ensure that you apply for the correct benefits and have the best chance of receiving a fair value.
No one should have to jump into a complex legal process without getting their feet wet first. The more information you have, the easier it will be to make the right choices with your workers compensation application.
This is why our firm offers all potential clients a free, no-obligation consultation. Together, we will discuss the details of your case as well as the process that would ensue should you choose to work with one of our workers compensation attorneys. We believe you should have all the information before making such an important decision, so please call our office for your free case evaluation.
Accepting All Workers’ Compensation Work Injury Cases on a Contingency Fee Basis
At Rosenfeld Injury Lawyers, LLC, our Chicago workers’ compensation lawyers work on a contingency fee basis.
We get paid our legal fees once your workers’ compensation attorney wins or settles your third-party claim or personal injury lawsuit.
Fill in our contact form or call the Chicago workers’ compensation attorneys at (888) 424-5757 (toll-free phone call) for a free case evaluation.