Across Illinois, there were approximately 112,000 nonfatal workplace incidents in 2022 [1]. As about 2.7% of workers experience an injury each year, this means approximately 2,573 of Aurora’s 95,300 employees [2] will be harmed during the course of their employment.
Injured workers deserve compensation for a work-related injury, but insurance companies don’t always want to pay for the medical treatment necessary to help a worker return to full strength.
At Rosenfeld Injury Lawyers, we represent injured workers to ensure employers comply with all Illinois workers’ compensation laws. We’ll guide you through the Aurora workers’ compensation claims process so you can get the assistance you need for medical expenses and time off work.
What Is Workers’ Compensation?
Workers’ compensation is financial assistance for a work injury, permanent or temporary disability due to a workplace accident, occupational disease, or a condition worsened by workplace conditions. In workers’ compensation cases, the employer is required to pay medical bills and partially compensate the worker for lost wages.
Individuals who must change their careers to accommodate their disability can receive benefits to assist with vocational training for another job path as well as disability payments. You can choose between weekly benefits or a structured settlement, depending on your needs.
The Illinois Workers’ Compensation Act requires companies to provide workers’ compensation benefits to their employees regardless of fault whenever they suffer job-related injuries.
How Our Aurora Workers’ Compensation Lawyers Can Help With Your Claim
While the Illinois Workers’ Compensation Commission should approve all legitimate workers’ compensation claims, many workers find their claims denied for a work injury, and sometimes even with a permanent disability.
The insurance company will go out of its way to prove your injuries are not due to a workplace accident, or they may approve weekly cash benefits that are much lower than what you deserve.
This is why an Aurora personal injury attorney from our team is a crucial ally in ensuring companies comply with workers’ compensation law. We can help prove your injuries are directly related to your job duties and, in the case of a total disability, ensure your benefits consider your diminished earning capacity and other expenses.
With our extensive experience, we know all elements of the relevant laws and will ensure Aurora workers are treated fairly by the workers’ comp claim system.
Types of Injuries Covered by Workers’ Compensation in Aurora, Illinois
Almost any work-related injury can receive medical benefits as long as it is directly related to the victim’s duties. An Aurora workers’ compensation lawyer can assist in showing how your specific injury relates to your job duties.
There are three major injury categories that typically result in a workers’ comp claim, which include the following.
Accidental Injuries
An injured worker who suffers an accident on a job site or during the course of their employment can recover compensation. These types of injuries may include:
- Auto accidents
- Burns
- Broken bones
- Back or spine injuries
- Head trauma
- Cuts and lacerations
- Amputations
Occupational Diseases
Some occupations are incredibly hazardous due to adverse working conditions or handling dangerous substances, while others may result in disease due to repetitive movements. Some occupational diseases that may be eligible for a workers’ compensation claim include:
- Respiratory diseases
- Cancer
- Cardiovascular disease
- Musculoskeletal disorders
- Hearing loss
- Chronic obstructive pulmonary disease (COPD)
- Chemical poisoning
- Repetitive strain injuries
Mental Health Conditions
In some cases, Aurora workers are exposed to traumatic incidents in the course of their duties or suffer from hostile work environments that result in mental illnesses. These include:
- Post-traumatic stress disorder (PTSD)
- Depression
- Anxiety
- Substance abuse disorder
Common Causes of Workplace Injuries
Poor safety protocols or protections for employees are common causes for workers’ compensation claims, especially in jobs that require handling dangerous chemicals or performing manual labor. Injured workers often come to our Aurora workers’ compensation lawyers for these reasons.
- Slip and Fall Accidents – Spilled oil, wet surfaces, or cracked pavement can result in temporary or permanent injuries depending on the type of fall. An Aurora slip and fall lawyer can ensure property owners are held accountable for the safety of their premises.
- Chemical or Biological Agent Exposure – Those who work with caustic materials, such as lye or acid, may suffer burns. In Aurora’s healthcare industry, which employs 10,273 people [3], injured workers may catch respiratory or blood-borne diseases through accidental exposure.
- Construction Accidents – Construction sites are dangerous places, given the heavy machinery, bulky construction components, and hectic work pace. Workers may fall, be struck by debris, or be pinned by heavy materials.
- Machinery Accidents – Whether working in an assembly line or on a construction site, workers may suffer pinch injuries, crush injuries, or entrapment in heavy machines.
- Car Accidents – Those who travel during the course of their duties can make a workers’ compensation claim if injured in a company vehicle or when authorized to use a personal vehicle for work purposes.
- Repetitive Strain – Bending, lifting, or even typing can result in musculoskeletal damage over time.
- Overexertion – Lifting or carrying more than one can handle may cause sprains, tears, and falls.
- Environmental Conditions – Excessive heat or cold can cause heat stroke or frostbite, while high humidity can lead to serious health repercussions.
- Traumatic Incidents – Workplace violence, hostile work environments, or witnessing a fatal accident can lead to serious mental health issues.
Sadly, OSHA inspectors in Illinois only completed 65% of their planned surveys in 2022 [4], leading to numerous violations being overlooked by government regulators.
Workers’ Compensation Benefits and Entitlements
A workers’ compensation claim can include a variety of different benefits depending on the type of work injury you suffer and the extent of the injury. These are usually classified by the severity of your injuries and the length of time you are expected to be in recovery. This includes:
- Medical Benefits – With a workers’ comp claim, the employer is financially responsible for your medical care as long as it is properly documented and deemed necessary medical treatment.
- Temporary Total Disability Benefits – If you have suffered a severe accident leaving you temporarily incapacitated, you can receive payment for your medical treatment and lost wages.
- Partial Disability Benefits – For those who have a permanent disability that still enables them to work, they can receive assistance for lost wages and lost earning potential.
- Permanent Partial Disability Benefits – This refers to an injury in which the person can still work, but not at their previous capacity. This type of workers’ compensation claim will help make up for the difference between their previous and current earning capacity.
- Vocational Rehabilitation – If you have to switch career fields or relearn your duties due to a work injury, you can receive assistance for the job training necessary to do so.
- Death Benefits – If your loved one died as a direct result of a work injury, an Aurora wrongful death attorney can help you recover compensation for this loss.
Eligibility for Workers’ Compensation Benefits in Aurora, Illinois
While approximately 90% of Illinois workers can receive compensation from workers’ compensation insurance, there are a few exceptions.
Sole proprietors are not required to carry Illinois workers’ compensation for themselves, while business partners, corporate officers, or members of a limited liability corporation (LLC) may choose to exempt themselves. However, they still need to carry this insurance if they have any non-exempt employees.
There are some circumstances in which a worker may not be eligible for workers’ compensation, including independent contractors and temporary employees. However, our Aurora workers’ compensation attorneys will investigate and determine your eligibility on your behalf.
If you’re not sure whether you’re covered, you should reach out to a lawyer any time you are injured on the job, ensuring you do not lose out on benefits you are entitled to.
How Are Workers’ Compensation Payments Calculated?
In general, a worker can expect to receive 66.67% of their average weekly wage up (AWW) to a maximum of $1,848.20 per week. If they have a dependent spouse or children, this percentage goes up by 10% for each dependent.
Those who must change employment or reduce their hours due to a work injury will be entitled to 66.67% of the difference between their old position and new position.
For loss of specific body parts, the worker will receive funds amounting to a certain number of weeks of workers’ compensation, divided by 60% of their AWW.
In terms of death benefits, the surviving family members will receive a sum of the AWW for either 25 years or until a maximum of $500,000 has been paid, whichever is greater.
As the stipulations can be complicated and must be applied to a specific workplace accident, working with an Aurora workers’ compensation lawyer is crucial to ensuring you do not miss out on any of the benefits you are entitled to under the law.
Who Can Be Held Liable for Workplace Accidents in Aurora?
While workers’ compensation benefits are no-fault, meaning you can claim workers’ comp no matter who is to blame, there are some circumstances where you may be able to receive compensation from a party other than your employer.
Third-party liability comes into play when there is another party outside of you and your company who may be at fault, such as a contractor or another driver if you got into a car accident.
In this case, you can receive workers’ compensation benefits from your employer, as you were injured during the course of your work duties, and you can also file a separate personal injury suit against the other party involved.
In general, you cannot sue your employer while also receiving a workers’ compensation claim, but it may be possible if you can prove your employer intentionally harmed you, or if your employer was not obligated to carry workers’ compensation insurance.
A personal injury suit allows you to collect damages for things other than your direct medical or vocational needs, such as pain and suffering.
If you could pursue action through either workers’ comp or through tort law, our Aurora workers’ compensation lawyers will work with you to identify which course of action would be most suitable for your needs.
What If I Am to Blame for a Workplace Injury?
The Illinois workers’ compensation system is no-fault, meaning it does not matter whether your injuries resulted from your own negligence or that of another party. As long as you were injured on the job, then you can recover compensation.
However, workers’ comp claims due to someone else’s negligence may be better served by pursuing personal injury cases. An Aurora workers’ compensation lawyer from our law office can help you decide which legal process will offer you maximum compensation.
Steps to Take After a Workplace Injury
When you’re injured on the job, you need to take action fast in order to ensure the workers’ compensation claims process runs smoothly. Follow these steps right after an injury so you can begin collecting your benefits as soon as possible.
Seek Medical Attention
Your injury needs to be documented before you can claim benefits, so immediately seek medical attention. Ensure you receive the medical reports and that you photograph your injuries to prove they were legitimate.
Report the Incident
You need to report the injury to your employer within 45 days of the incident, preferably in writing. This should include your full legal name, Social Security number, date and location of the accident, and your contact details. Your company will then submit an Employer’s First Report of Injury to the Illinois Workers’ Compensation Commission.
Gather Evidence
Aurora workers should also gather evidence on their own, as this may prove crucial to the case. Take pictures of the location, your injuries, and your medical reports; you should also gather information from anyone else who was present at the accident.
Contact an Experienced Aurora, IL Workers’ Compensation Attorney
When you have completed the above steps, contact an Aurora workers’ compensation lawyer who can guide you through the rest of the process.
Are Aurora Workers’ Compensation Attorneys Expensive?
Our workers’ compensation lawyers work on a contingency fee basis, meaning you owe us nothing unless we are able to earn you your workers’ compensation benefits.
Workers’ Compensation Claim Deadlines in Aurora, IL
There are two deadlines to consider when it comes to filing for workers’ compensation benefits.
First, you need to report an accident to your employer within 45 days, and they will file the report with the state. You then have three years from the date of the accident, or two years from the date of the last medical bill.
If you are suffering from an occupational disease, you have three years from the date of diagnosis to file your claim, as these diseases can take years to manifest.
Contact Our Aurora Workers’ Compensation Lawyers Today!
Working with an Aurora workers’ compensation lawyer gives you the best possible chance at success when it comes to receiving your benefits. At Rosenfeld Injury Lawyers, we will guide you through the process and ensure you receive the compensation you are entitled to under the law, regardless of how the injury happened or who was at fault.
Call us at (888) 424-5757 or contact us online for a free consultation with a workers’ compensation attorney.
References: [1] Bureau of Labor Statistics, [2] Data USA, [3] Choose DuPage, [4] Illinois Department of Labor