Chicago Workers' Compensation Lawyer
Have You Been Injured While on the Job in Chicago, Illinois?
If you have suffered a serious personal injury or work-related illness due to your duties at work, you are probably looking for legal assistance to help you with your workers’ compensation claim.
If you are in the State of Illinois, you are within your rights to claim for injury at work, but the process of accessing your benefit can be tricky. The Chicago workers' compensation attorneys at Rosenfeld Injury Lawyers LLC will do what it takes to ensure your legal rights are protected and you recover the full benefits that you are entitled to under the law.
Injured Employees Often Face Delayed or Denied Pay-outs
Unfortunately, you are most likely inexperienced with the claims process, while your employer or their insurance company is well-versed in workers’ compensation claims and knows how to delay paying you or avoid it altogether.
Many employers and insurers are notorious for delaying and denying payments for all benefits afforded an injured worker under the law. This is why you should consider hiring a Chicago workers’ compensation lawyer.
Hire an Experienced Workers' Compensation Lawyer
When hiring an attorney at Rosenfeld Injury Lawyers, you get a workers’ compensation lawyer who has helped hardworking individuals from across Chicago, Illinois access the benefits they deserve following a workplace injury.
Our workers' compensation lawyers do not charge for your initial case review, which means you are eligible for a free consultation. In addition, our firm works on a contingency fee, so we only charge a fee once we have achieved a financial recovery for you.
Your dedicated lawyer will be available to you 24/7 to guide you through the claims process and lead you to a beneficial settlement for your personal injury.
We Will Ensure That Your Workers' Comp Claim is Fairly Assessed
The specialist lawyers at Rosenfeld Injury law firm know first-hand that the competitive nature of many industries leads to rushed work or corners being cut. This often results in injured workers.
We understand that as an injured worker, your medical expenses are a major concern. Our fee structure means that you don’t have to pay us if your claim is eventually denied. We only receive a fee if we are successful in acquiring your benefit from your employer or insurance company.
Further, our team knows the tactics used by employers and insurers for delaying and denying payments for all benefits afforded to an injured worker under the law. By having an experienced personal injury law firm on your side, you can ensure that these tactics do not cause you or your family further hardship.
In many situations, there is room for interpretation in the claims for an employee’s benefits. Not surprisingly, the value assessed by your employer's insurer may be far less than what the law provides for.
Having a dedicated legal team represent you in a workplace accident claim can ensure that your workers’ compensation benefits are fairly assessed and you receive fair compensation for your work-related injury.
Rosenfeld Injury Lawyers has Worked on Cases Just Like Yours
Our law firm’s long-standing experience with workers’ compensation claims means that we have seen a variety of cases similar to yours.
Our attorneys have a track record of successful cases with years of experience representing Chicago workers in cases at the Illinois Workers' Compensation Commission.
We have had the privilege of representing men and women in diverse industries including construction, agriculture, manufacturing, government service, logistics and trucking. Common workplace injuries we have seen include:
- Joint injury
- Overuse injury
- Back and neck injuries
We are also familiar with more industry-specific injuries such as product liability, forklift accidents, railroad worker accidents and other significant accident claims involving falls, electrocution and burns.
Contact our law offices today to discuss your claim with a personal injury attorney and let us put our work injury experience to work for you.
Workers' Compensation Claims We Have Won for Injured People
Our proven history in settling these work-related accident claims includes wide-ranging experience with injured workers in the Chicago area.
What can You Expect From Your Chicago Workers' Compensation Lawyer?
Your experienced attorney from Rosenfeld Injury Lawyers will be by your side throughout the claims process to help you navigate the legal system so that you can focus on recovering from your job injury, as opposed to worrying about medical bills.
After an initial consultation about the details of your workers’ compensation claim, we will help you file your claim with the necessary detail to ensure the best possible outcome for you.
If a hearing needs to take place in order to get your claim, we will fight for you and deal with your employer and their insurance company.
We Have Successfully Represented Injured Workers Across Illinois
My case eventually settled for more than I anticipated, even after I paid the attorney fees. My attorney broke down the process for me and explained how the settlement was negotiated. I felt comfortable with the process.
After getting pushed around by the insurance company, I reach out to Rosenfeld Injury Lawyers. They did a good job. However, I feel like the best part was having them deal directly with the insurance company during the claim process. They are pros when it comes to the law and explaining the process.
I work in construction and have worked with Jonathan Rosenfeld for years on different cases. He is my go-to guy when it comes to personal injury and workers compensation. I know he has my back.
Our Process1. Documentation
From the time we are retained in a case, we begin collecting relevant records on your case such as medical records, medical bills and information about insurance coverage.
This frequently means medical reports from treating doctors documenting the extent of your injuries and prognosis.
We are committed to getting this information for you so that you can focus on your physical and emotional recovery.2. Investigation
Our law firm begins an investigation into the circumstances related to your case as soon as feasible.
This typically means obtaining police reports, investigative documents and photographs of the scene of the incident.
This may also entail getting statements from witnesses and others who have knowledge of the facts related to your case.
After we have an understanding as to how your accident occurred and your injuries, we will approach the insurance company for the individual or company who caused the accident and attempt to negotiate a full and fair settlement.
If we cannot secure a settlement, our trial attorneys will get a lawsuit on file and get your case prepared for court.4. Settlement
Over 95% of our cases get resolved prior to trial. Many of our cases get resolved during the course of litigation or during a mediation.
Whenever your case gets settled, your lawyer will give you a complete accounting for all legal fees and expenses showing you exactly how much money you will recover.
We provide you full transparency so you are fully aware of the settlement figures.
FAQs About Workers’ Compensation Claims
Do I Have a Workers’ Compensation Case?
When you have been injured in a workplace accident, you are almost always covered by workers’ compensation. If your employer states otherwise during your claim, they are in direct violation of Illinois work laws. You receive these benefits regardless of the type of work you do, who is at fault for your injuries, or how long you have been on the job. Even if you are injured on your first day on the job, you still qualify for benefits.
Illinois workers' compensation laws are a no-fault system. In fact, the incident could be completely your fault and you would still be entitled to your full worker’s compensation benefit. This benefit will be paid either by a state-run insurance program, a private insurer or directly from the company – this depends on how your company manages its workers’ compensation insurance.
How are Workers’ Compensation Cases Valued?
There are various ways that compensation is calculated, and unfortunately, there is no concrete guide – which is why it is a good idea to hire an experienced attorney.
The value of your workers’ compensation case will depend on what body part has been injured, how it has affected your ability to perform certain tasks, how it has affected your ability to earn an income, whether you have suffered disfigurement, and how much care you will need moving forward and the medical expenses this might incur. The insurance company will also play a large part in determining what benefits you are eligible for.
If you are injured to the extent that you cannot return to work due to total disability from your work-related injuries, you are eligible for two-thirds of your average weekly wage at the time of your injury, payable for the remainder of your lifetime.
Can I be Fired for Filing a Workers’ Compensation Claim in Illinois?
No, you cannot be fired for filing a workers’ compensation claim. Workers are protected by the Illinois Workers' Compensation Act from retaliation from employers. If you are fired for filing a work injury claim, you may have grounds for a legal suit against your employer. However, many Illinois employees are at-will workers.
This means that companies generally don't need a reason to terminate you and it can be tricky to determine the actual motivation for the firing. If you’re concerned that your employer might retaliate by firing you, it’s a good idea to see a workers' compensation attorney in Chicago as soon as possible to protect your legal rights.
How Long do I Have to File an Illinois Workers’ Compensation Claim?
Under the Illinois law, you should notify your employer that you were injured, and your injury arose from your employment, as soon as possible but no later than 45 days. However, you then have three years to bring a workers' compensation claim in Illinois.
There are some restrictions, so consulting an attorney is a good idea. Specifically, lawsuits must begin three years after the accident or two years after you last received compensation benefits, whichever is later. If your injury becomes repetitive in nature (such as carpal tunnel syndrome), the statute of limitations may differ, so it is important to meet with a lawyer to clarify how much time you have to bring an action.
What Happens if There are Other Parties Responsible for My Workplace Accident in Addition to My Employer?
A third-party lawsuit can be filed against other parties that may be responsible for accidents that injure a worker. For instance, it could be that a manufacturer of a piece of construction equipment is liable for designing a piece of machinery that is defective.
The personal injury lawsuit must be filed against a negligent party that is neither your employer nor a fellow employee. Third-party claims are not statutorily limited in the way that workers’ compensation claims are, allowing recovery of expenses and intangible damages, such as pain and suffering and disability, that may not be adequately accounted for under workers’ compensation law.
What You Need to Know About Workers' Compensation in Chicago
Navigating the ins and outs of workers' compensation claims can be tricky. Our experienced law office is familiar with these complexities, some of which we have detailed before for your convenience. The following key points are useful to know.The No-Fault System
The Illinois Workers' Compensation Act is a no-fault system, meaning that you can pursue a claim for workers' compensation benefits even if you are partially responsible for a workplace incident that caused your injuries.Lost Time Benefits
If your injuries prevent you from working, and a treating physician deems that you have a temporary total disability (TTD) and are unable to perform your job, you are entitled to receive two-thirds of your average weekly wage through the duration of your temporary total disability.Medical Benefits
Your employer must pay for medical treatment related to your injury in a timely manner. This includes payment of medical bills and medical care related to doctors' visits, hospitalization, surgery, and physical therapy needed immediately following the workplace injury, as well as what is needed in the future.Lump-Sum Payment
When a work-related incident results in a permanent injury or disability (PPD), you are entitled to receive a lump-sum payment based on the extent of the permanency, the part of your body that was injured and how much money you were making at the time if the incident. The PPD amount is determined by a set schedule of injuries related to specific body parts set by the Illinois Workers’ Compensation Commission.Fatal Injuries
In the case of a fatal work-related injury, the surviving spouse and children under 18 are entitled to file a claim under Illinois law. Depending on the date of the death and the decedent’s average weekly wage at the time of his or her death, the family may recover ongoing payments or a lump-sum payment of up to $500,000.
What to do if You are Injured on the Job
Even though you are entitled to compensation after suffering a workplace injury, it is important to note that this benefit does not get paid automatically and could be denied for various reasons. Once you have received the necessary medical care and are in a stable condition, there is a process which must be followed, and it comprises of two important steps.1. Notify Your Employer
You need to let your employer know that you plan to file a workers’ compensation claim. We recommend you do this formally, in writing. This notification should include the date, time, and place of your workplace accident, as well as details of any medical care you have already received. This notification must be issued within 45 days of the accident. There are some exceptions to this time-frame such as a slow-developing injury or injury due to radiation exposure.2. Start the Claims Process With Insurance
If your claim has been accepted, your employer should respond to your notification by providing you with a list of medical professionals that you can see for treatment, and then start the claims process with their insurance provider. If your claim is denied, your employer must provide you with written reasoning.
Contact Us for a Free Consultation and Let’s get Started
Our team of Chicago workers' compensation lawyers is committed to maximizing the value of your case. We understand the rights of injured workers and have experience with all types of workers' compensation cases.
Your workers' compensation attorney will do what it takes to secure the most favorable settlement under Illinois law. Contact us now for a free consultation with an experienced workers compensation lawyer today.