Rockford Workers' Compensation Lawyer
It can be challenging to navigate the world of workers' compensation. For many, it's their first time dealing with a serious injury, and they are unsure where to turn or what steps to take next to be paid by their employer while they heal.
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 northern Illinois personal injury attorneys represent harmed workers, ensuring they receive the maximum workers' comp. benefits and other financial compensation they rightfully deserve.
Call our Rockford, IL 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 law firm remains private through an attorney-client relationship.
The loss of a loved one can drastically impact those left behind who need to adjust to life without companionship and resources provided by the deceased.
The Rockford wrongful death attorneys of Rosenfeld Injury Lawyers, LLC will help your family recover fair compensation for those losses family if your loved one died due to someone else's actions. In addition, our legal team will resolve any disputes regarding distributing benefits among the family members left behind.
Receiving compensation will allow you to finally move forward without wondering how you will make ends meet without your loved one's financial contributions.
Workplace Accidents Among Top Causes of Death in the United States
According to the National Safety Council, Americans under forty-two are more likely to die from an accident than any other cause. However, accidents are still among the top five causes of death for all age groups.
When irresponsible behavior contributes to an accident, it is reasonable to expect the responsible person or company to be held accountable. Some accidents that may result from negligence include medical malpractice, car accidents, drowning, fires, prescription errors, choking, and poisoning.
If we can show that your loved one's death was due to the negligence of others, we may be able to help you to recover the compensation you need through legal representation to replace their income. The funds you receive could help you recoup the cost of a funeral and cover the value of the pain and suffering your loved one, you, and your family have endured.
Depending on the circumstances of the accident, you may be able to file a workers' comp claim against an employer, business, or individual found responsible for your loved one's death. In some workers' compensation cases, multiple parties may be liable.
What Are Workers' Compensation Benefits?
Workers' compensation is a form of insurance system required by the government in which employers are obligated to carry insurance for their employees. In exchange, those injured on the job or who have developed work-related illnesses are entitled to receive certain benefits, including medical care and financial support, while they recover.
The key benefit of workers' compensation is that employees are not required to prove that another party was at fault for their work-related injury, making it easier to receive the help they need.
However, workers' compensation is limited in what it provides injured workers. Often, compensation is calculated based on how much an employee would receive based on their average weekly wage before the accident.
If a worker's injuries are severe enough or there are lasting effects from the work-related injury, they may be entitled to additional benefits through workers' comp claims. Workers' comp benefits do not include weekly payment for non-economic damages such as pain and suffering, loss of consortium, or other support services.
These additional benefits are available through a civil lawsuit which is why you may need the assistance of a workers' compensation attorney to help you recover damages if your loved one died because of negligence.
Why You May Be Eligible for Financial Compensation
If your work injuries keep you from earning an income, you may be entitled to weekly benefits. The amount of money your family can receive each week will depend on how much your loved one is making, including any bonuses, commissions, or other forms of compensation.
Your family may also be able to recover from the following expenses:
- Lost wages
- Lost future income
- Medical bills that the employer's insurance company does not cover
- Loss of consortium
- Funeral and burial expenses for wrongful death
Injured workers might be entitled to workers' comp benefits. Because of that, keeping the documentation, such as copies of the loved one's pay stubs and tax returns, is essential. It is also a good idea to note any work-related illnesses or injuries the loved one suffered.
What Do I Need to Prove to Qualify for Workers' Compensation?
While it may seem simple enough, many family members have trouble receiving their worker's compensation benefits because they are unaware about filling out the paperwork or are unclear about their rights.
Injured workers must file a workers' compensation claim with their state's insurance companies. While requirements vary by state, it is usually necessary to prove that the injury happened during their employment and was not due to negligence.
If you were injured, follow these steps:
- Tell your immediate supervisor, manager, boss, or business owner what happened and how you were injured.
- Seek medical care even if you believe your injuries are minimal. Only a competent doctor with the best diagnostic tools can identify your injuries and their severity.
- Complete the company incident report and send it to the state workers' compensation agency where your employer is registered.
- Seek legal counsel if you believe your employer is trying to avoid paying out or is providing insufficient benefits that do not cover all of your expenses and loss of income.
What Benefits Are Available Through a Workers' Comp Claim in Rockford, Illinois, and How Is the Payment Calculated?
The benefits provided through a successful workers' comp claim vary from case to case, but they can include:
- Medical bills for current and future treatment
- Loss of wages
- Funeral expenses
Depending on the circumstances surrounding the injury or death, we may recommend that you file a personal injury lawsuit in addition to your workers' compensation claim.
When injuries are more serious, workers' comp benefits may be increased. For example, if you were hurt on the job and it caused a permanent disability, your case is worth more than someone who was temporarily disabled.
Moreover, essential to understanding is that worker's compensation benefits are not meant to reflect the actual value of your injury. In many cases, the benefits are equivalent to a percentage of your wages before you were injured.
For example, if you made $40,000 a year and only missed six months of work due to your injuries, you would receive 50 percent of that money in benefits each month.
However, this is not necessarily an equal trade-off since your employer is likely to have saved some of the money they would have paid you in wages while you were out.
Finally, remember that workers' comp benefits are only available when the injury occurs. So, for example, if you slipped and fell in a grocery store after work hours and broke your leg, it does not qualify for compensation.
How Much Will I Receive from a Workers' Comp Settlement?
Settlements are notoriously difficult to predict, but your workers' compensation attorney will do everything possible to secure the maximum benefits under the law. When negotiating a settlement, it's important to be prepared with evidence of lost income and medical bills.
If you are the spouse of the decedent, then you can file a wrongful death lawsuit against their employer seeking damages on behalf of your family. If there is more than one dependent (adult child or another family member), they will split whatever settlement is awarded between them.
However, if you are among the dependents receiving compensation for wrongful death, your portion will be determined by how much you depend upon the deceased. Thus, for example, a spouse would receive the largest percentage of the settlement, followed by other adult children and, finally, minor children or other dependents.
To show that you should be entitled to a more significant portion of the settlement, have documentation available for any lost income, medical expenses, funeral expenses, and emotional distress. A settlement is determined on the worth of workers' comp claims against the wrongful death case.
When you are awarded compensation in Rockford, Illinois, for a workers comp claim or lawsuit, it will be put in an escrow account to pay future bills. While this may seem like a major inconvenience, the money you receive will compensate for your injuries and lost wages. You cannot access it if there is a possibility that you will return to work in the future.
Why It's Worth Hiring Rockford Workers Compensation Lawyers Near Me
It is always advisable to hire an experienced and professional lawyer to help you with your case, as they will know each legal aspect and can easily fight on your behalf.
Here are some reasons why it is worth hiring northern Illinois workers' compensation lawyers:
- An injury lawyer knows everything about workers comp laws. They can identify if your employer's insurance company is not following the workers' comp laws and help you file a legal case if your employer or insurance company denies you workers' compensation benefits.
- Our experienced Rockford workers' compensation lawyers know how much you should receive as a settlement check. They can negotiate with the insurance company and convince them to pay you more than they initially offered.
- Our Rockford workers' compensation attorneys are familiar with all types of injuries and their workers' compensation variations. Therefore, they can easily tell if your injury falls under the category of a specific type of work-related accident.
Consult with a lawyer about maximizing your workers' comp claims to receive benefits for your occupational diseases and injuries.
Types of Rockford Workers' Compensation Claims
Many workers' compensation claims include physical injuries sustained on the job, emotional trauma related to a workplace accident, and psychological conditions related to traumatic events.
Northern Illinois employers are expected to provide a safe work environment for their employees. When employers fail to fulfill this obligation and their negligence results in a work-related injury or illness, they must do what is necessary to support workers in recovery from their injuries or illnesses.
Common damages Rockford, IL, workers experience include:
- Fatal injuries caused by car or truck wrecks involving distracted or reckless drivers
- Motorcycle accidents, including when a passenger is killed by another motorist or the person controlling the bike
- Poisoning due to hazardous materials like lead, corrosive chemicals, or toxic compounds
- Pedestrian accidents involving distracted, drunk or reckless drivers
- Medical negligence that leads to fatal injuries
- Product liability claims resulting from defective devices or machinery
- Vicious dog bites that lead to the death of the victim
- Knee injuries, including strains, sprains, and fractures from slips and falls
- Back and neck injuries from repetitive work
- Nursing home neglect or abuse
- Workplace injuries while on job sites such as excavation or construction sites
- Electrocution, explosions, or fires
- Other benefits for the surviving spouse from a preventable death
Determining Who Should File Your Rockford Wrongful Death Claim
Are you unsure if you or your family have the legal right to bring a lawsuit or a disagreement? Are you not sure who has the right to certain benefits? It may not always be easy to determine who is best suited to file the lawsuit on behalf of the deceased.
All necessary paperwork for comp benefits or wrongful death lawsuits must be filed in the appropriate county courthouse before the Illinois statute of limitations expires. The courthouse is located at:
Winnebago County Courthouse
400 W. State Street
Rockford, IL 61101
A northern Illinois injured worker attorney working on your behalf understands the compensation system's rules and regulations and the Illinois Workers' Compensation Commission.
The lawyer's efforts typically ensure their clients receive adequate compensation for their Social Security disability cases and other legal issues.
The Settlement of Disputes Over Benefits Following a Wrongful Death Settlement
Should there be an extended battle over how compensation should be distributed to family members after a judgment or settlement, the presiding judge will decide how to distribute the benefits after a special hearing.
Our Rockford wrongful death lawyers can help you negotiate a workers' compensation claim before this becomes necessary and protect your interests if it needs to go this far.
Hiring a Rockford Workers' Compensation Attorney
The Rockford workers' compensation attorneys at Rosenfeld Injury Lawyers, LLC, help families with funeral and burial expenses, medical costs, and lost wages. Call us at (888) 424-5757 (toll-free phone number) or use the contact form to schedule a free consultation.
Our legal team works solely on a contingency fee basis. Therefore, you are guaranteed our law office will never charge upfront for our services and will only accept payment after winning your case at trial or negotiating an acceptable settlement on your behalf.
Rockford Workers Compensation Attorneys
Speak with a widely-respected workers' comp lawyer for more information about our law office including:
- Receiving legal advice
- Our practice areas
- Permanent disability benefits
- Obtaining Social Security disability workers' compensation benefits
- Applying to the Illinois workers' compensation commission
All confidential or sensitive information you share with our law firm remains private through an attorney-client relationship. We comprehensively understand the Illinois workers' compensation system and can file a comp claim on your behalf.
Our workers' compensation attorneys represent clients in related practice areas in medical malpractice cases, personal injury cases, car accidents, nursing home abuse cases, preventable death, and other civil litigation.