Naperville Workers' Compensation Lawyers
Top-Rated Naperville Workers' Compensation Lawyer
If you were injured on the job, you might be entitled to receive workers' compensation benefits. The worker's compensation program makes funds available for employees who sustain workplace injuries or become ill from exposure to hazardous materials.
Did you suffer a workplace injury or lose a loved one through a preventable death caused by another's negligence at work?
At Rosenfeld Injury Lawyers, LLC, our personal injury attorneys represent individuals harmed in the job, ensuring they receive maximum Worker's Comp. benefits and other financial compensation they deserve.
Call our DuPage County 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 of the companies called Naperville home during its development continue to employ thousands of workers.
However, when any of their workers were injured on the job, they turned to the dedicated Naperville, IL workers compensation attorneys of Rosenfeld Injury Lawyers LLC to protect their rights and represent their interests.
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 that 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 began to fade. Still, industries have been an essential part of the city's growth.
Throughout the 1980s and 1990s, it welcomed numerous large industrial companies in addition to the notorious tech giants that helped bolster the city's economy with white-collar work.
The industrial giants that contributed to its growth include Kraft Foods, Amoco, and ConAgra. Nicor is also one of the city's largest employers, offering jobs to over 3,700 workers.
Among 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 the transportation and sale of 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 each year but are responsible for fourteen percent of all fatalities.
Were you or a family member injured on the job? Do you need a Naperville, IL workers' compensation lawyer? If so, contact Rosenfeld Injury Lawyers LLC today for a free consultation.
The Workers' Compensation Benefits Program
In 1911, the state of 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 on every employee who becomes sick or gets hurt on the job. These benefits provide for medical expenses and wages lost while you recover.
The law requires that employers purchase workers' comp insurance to protect their employees in the event of a workplace injury.
This policy typically covers accidents resulting in death, broken bones, loss of eyesight, paralysis, and other work-related injuries that prove fatal. Additionally, it also provides compensation for injuries such as lacerations, burns, and loss of limbs.
Workers' compensation 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 of your worker's comp case. Unlike personal injury lawsuits, workers' compensation payments are not reduced by the number of damages you collect from other at-fault parties.
Despite its importance to the health and well-being of injured employees, these plans often fall short in providing workers with the benefits they need.
Many injured employees find that their claims are delayed or denied altogether. While it is up to the insurance companies to prove that an employee is not entitled to benefits, workers must act quickly to protect their interests.
The Role of a Workers' Compensation Lawyer
If you were injured at work, you want legal counsel on your side advocating for your rights before troubling issues arise. At Rosenfeld Injury Lawyers LLC, our Naperville, IL, workers' compensation lawyers are well-versed in this area of law and provide our clients with the best representation possible.
In addition, we have over 20 years of experience that allows us to take legal action on your behalf to help ensure you receive the benefits you deserve.
Our firm does not charge a fee until after winning your case, so don't hesitate to contact us today for a free consultation. We will review your case and make sure you know exactly what to expect throughout the legal process.
When filling out the initial paperwork, it is vital to be completely honest with all of your information to avoid any further complications down the road. It is best to speak up if you do not understand anything, and do not hesitate to ask us if you have any questions.
Workers' Compensation and Personal Injury Law
Are you suffering from more than one work-related injury? If so, workers' compensation benefits may also apply for injuries sustained on the job that were not related to your original accident.
For example, an employee may be injured by a defective product, suffer an injury on the job due to their 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 "situs" and result in workers' compensation benefits. While it is difficult to prove that the incident happened while you were working, our lawyers can help gather evidence to prove this.
Our firm has represented many clients who have been injured in accidents that are not their fault. While workers' compensation may be available to them, they also have the option of filing 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.
When the insurance adjuster makes an offer at the mediation stage, do not decide until we 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, Rosenfeld Injury Lawyers 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 claims 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 get your paperwork filed before it is too late.
For more information on filing a claim or if you have any questions, contact our Naperville attorneys 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 attorney.
In some cases, the Naperville workers' compensation lawyer fees are set as a percentage of what you win or settle for should the case need to be negotiated or resolved in court.
The Rosenfeld Injury Lawyers want to 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 in addition to 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 personal injury 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 on the job.
In many cases, the worker's negligence led to their injuries. Even so, Workers' Compensation benefit laws allow the injured worker 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 equipmentto the injured worker
- A professional who failed 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 Workers' Compensation cases 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 uses a calculated formula to determine 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 to remember is that the Workers' Compensation laws protect employers from being sued. Therefore, if you are filing a personal injury lawsuit against your employer, they will seek compensation for any damages or lost earnings through their own insurance company, not Workers' Compensation.
All employees who work within the borders of the United States are required to provide Workers' Compensation Insurance legally. 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 in regards to 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 actual damages sustained by the plaintiff (injured worker).
Gross negligence can also include willful misconduct of 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 it is the responsibility of employers to ensure that 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 damage to the skin and underlying tissue, 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 who are 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 ortools: 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 not familiar with electrical work or how to perform tasks safely can put themselves at risk of 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 will be able to assist you with filing a Workers' Compensation claim if needed and be available to offer support, answer questions and give you advice 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 a Naperville Workers' Compensation Claim
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 full amount of money that's owed to you as a result of your injuries isn't taken away from what was promised in the first place.
There are many myths about the legal system process that dissuade injured workers from seeking the full compensation they are entitled to receive under the law.
However, our experienced Naperville workers' comp attorneys can help you understand your rights clearly and ensure you get what's due for all damages caused by an injury or accident in the workplace.
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 will often try to prevent you from seeking a second opinion with your physician and obtaining care outside their network. You have full control over who treats you as long as it is within reason given what happened leading up to this point in time.
- The Compensation Act ensures you receive financial compensation to cover sixty-seven percent of your wages during your time off work. In addition, should your workplace injury result in a permanent disability, you qualify to receive 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 are unable to agree with your employer, the IWCC will act as an arbitrator. 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
The 2017 report by the Illinois Workers' Compensation Commission shows that there were nearly 200,000 accidents on the job resulting in injuries. However, less than one out of four claims were filed with them.
This discrepancy in the number of claims filed and those that could have been filed revealed many injured workers never received the benefits they deserved. Approximately 90% of those who 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% of them 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 a Naperville Workers Compensation Attorney 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 you're represented by a Naperville, IL, workers' compensation lawyer because if the company gets caught, they'll be required to pay additional damages as punishment for breaking the law.
Contact a Naperville IL Workers Compensation Lawyer 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 so that they can 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 been representing injury victims for decades and has successfully recovered millions on their behalf. We remain committed to your success, and we won't accept payment until you're satisfied. If you can meet with us at one of our offices or would prefer a home visit, let's schedule an appointment!
Contact us for immediate legal advice and information on our personal injury attorneys' practice areas, law office locations, and resolving workers' compensation cases. We handle personal injury cases in both state and federal courts.
Our law offices provide legal services in different practice areas, including car accident injuries, medical malpractice, wrongful termination, estate planning, nursing home abuse, compensation law, commercial litigation, premises liability, defective drug, product liability, wrongful death, and other personal injury claims.