The Chicago workers’ compensation attorneys at Rosenfeld Injury Lawyers LLC are committed to protecting the rights of people who have an injury or work-related illness due to their job. Our goal is to get you the maximum benefits you are entitled to under the law.
Rosenfeld Injury Lawyers LLC has helped workers from across Illinois get the compensation they deserve after a work-related injury or accident via workers' compensation and we are ready to do the same for you.
Chicago Workers' Compensation Lawyers Committed to Protecting the Legal Rights of Hard-Working Men & WomenIn 2018, Chicago’s economic output was over $700 billion, putting it ahead of many countries. At the roots of Chicago’s economy is a skilled workforce that is known worldwide in industries such as manufacturing, shipping and distribution, transportation and food processing.
Benefits Afforded to Injured Workers Under the Illinois Workers’ Compensation Act
The Illinois Workers' Compensation Act (820 ILCS 305) provides benefits to workers injured in the course of your employment. Illinois work comp law is a no-fault based law, meaning, you can pursue a claim for workers' compensation benefits even if you are partially responsible for an incident that caused your injuries.
Illinois law provides three primary types of benefits for people suffering from a workplace injury:
- Lost Time Benefits: If your injuries prevent you from working, and a treating physician deems you to be temporarily totally disabled (TTD) and unable to perform your job, you are entitled to receive two-thirds of your average weekly wage through the duration of your temporary disability.
- Medical Expenses: Your employer must pay for medical treatment that is related to your injury. This includes payment of medical bills related to doctors' visits, hospitalization, surgery, and physical therapy needed immediately following an incident 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.
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. Talk to a Chicago workplace accident lawyer at our office for more information.
Why You Want an Experienced Personal Injury Lawyer Fighting For Your Rights
Illinois Workers' Compensation Law FAQs
An accident or injury at work cannot be planned for. When an incident does happen may people find themselves overwhelmed by the physical and economic fallout. As an experienced Chicago work comp law firm, we have compiled some of the questions many of our current and former clients have dealt with. As always, if you have further questions, we invite you to contact our office for a free consultation.
Do I Have a Workers’ Compensation Case in Chicago?
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. If you are injured on your first day on the job, you still qualify for benefits.
You do not need to prove fault in a worker’s compensation case. In fact, the incident could be completely your fault and you would still be entitled to your full worker’s compensation benefit. To explore your options, feel free to contact a workers comp lawyer at Rosenfeld Injury Lawyers LLC for a free consultation.
How Long do I Have to File an Illinois Workers’ Compensation Claim?
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 Worker's Compensation Act from retaliation from employers. If you are fired for filing a claim, you may have grounds for a legal suit against your employer. See 820 ILCS 305 §4h. 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.
Can I file an Illinois Workers Compensation Case for an Aggravation of an Injury?
Yes, the Illinois Workers' Compensation Act (820 ILCS 305) provides relief for employees that suffer work-related injuries or work-related aggravations of injuries or conditions. When this happens, employees can obtain compensation for the expenses and lost wages due to the incident by filing a claim with the Illinois Workers' Compensation Commission (IWCC). Discuss your legal rights regarding an aggravation claim with a Chicago workers compensation lawyer without any cost or obligation today.
What Happens if There are Other Parties Responsible for my Chicago Workplace Accident in Addition to my Employer?
How Much Does it Cost to Hire a Workers’ Compensation Attorney in Chicago?
Our experienced Chicago workers' compensation attorneys do not charge for our initial consultation, so it is always free to come to discuss your case. In addition, we work on a contingency fee, so we will not ask for payment upfront. We will only charge a fee once we have made a financial recovery for you. The Illinois Legislature has set attorneys' fees for workers' compensation cases at 20% for most situations. If there is a separate case against a third-party, the case is handled separately, and the separate fee agreement will need to be agreed upon. Fees are clearly laid out in the representation agreement signed by all clients and submitted for the approval of the Commission. Talk to a Chicago worker compensation lawyer at Rosenfeld Injury Lawyers today.
What are the Most Common Types of Job-Related Injuries?
How is an Illinois Workers’ Compensation Settlement Determined?
Workers Covered by Unique Laws Outside of Workers’ Compensation
The presumption is that if you are injured on the job in Illinois, you are entitled to receive workers’ compensation benefits. However, there are some exceptions to this rule. The situations below are unique because the laws that apply to workers injured in these contexts fall outside of the scope of both workers’ compensation and tort law.
Railroad Workers: The United States government has deemed railroad work to be so dangerous that they created a special law to protect these people. The Federal Employees Liability Act (FELA) allows an injured railroad worker to recover compensation for lost wages, medical expenses, and pain and suffering when their injuries are causally related to their work. Read more about FELA cases on our FAQ page.
Maritime Workers: When a person who regularly works on a boat is injured, they can file a lawsuit against their employer under the Jones Act. The act allows a worker to pursue damages for the employer’s negligence and recover compensation for lost wages, pain, and medical expenses. Visit our Jones Act FAQ page for more information.
Toxic Substances: Workers in many industries are regularly exposed to toxic substances that may result in illnesses with an immediate or delayed onset. In the case of workers exposed to asbestos who have developed mesothelioma, trust funds have been established by the asbestos industry to ensure that people can receive compensation, regardless of whether they can determine the manufacturer. Visit our mesothelioma FAQ page to learn more.
Rosenfeld Injury Lawyers LLC is proud to be the law firm individuals and families turn to after a work-related accident or illness. Our Chicago work injury attorneys are experienced in handling many different types impacting many different vocations.
Contact a Chicago Workers Compensation Attorney at Rosenfeld Injury Lawyers LLC and Ensure That You get the Benefits You Deserve
Our Chicago workers compensation law firm is committed to maximizing the value of your case. We have experience with all types of workers' compensation cases and 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 comp. lawyer today.