When you suffer a sudden injury at work or develop an injury or illness because of your job duties, you can likely file a claim for workers’ compensation. This compensation is necessary to provide employees with time to recover without making them financially unstable. If you were injured at work, it’s important to work with a Chicago workers compensation lawyer quickly so that you can file a claim efficiently.
Illinois workers’ compensation law represents a balance between offering health care and job security to injured workers with the need to limit business expenses and lost productivity for employers. Workers’ comp benefits help employees get better and get back to work while limiting the company’s liability by prohibiting civil lawsuits against employers. These benefits are not automatic, however, and employees must file a claim for their injuries.
Workers’ compensation exists to protect both employers and employees. Unfortunately, workers’ compensation doesn’t always protect employees as it should. Employers dispute the extent of the worker’s injury or say it isn’t work-related. Workers who do receive benefits find they are not getting as much as they should, or their benefits are cut off before they are ready to return to work. This can be frustrating and difficult to combat as you navigate your recovery or a readjustment to a new way of living.
In order to get the benefits you deserve from a workers’ compensation claim, you need the experienced team at Connolly Injury Law. Chicago workers’ compensation lawyer Mark Connolly is committed to making sure employees are treated fairly and get the benefits they are entitled to when they’ve been injured on the job.
Our firm provides you with the legal support and compassion you need as we negotiate with your employer and their workers’ compensation insurance on your behalf. We understand the importance of a settlement to your financial security, so we provide you with the comprehensive legal care you need to receive fair workers’ compensation.
If you’ve been hurt at work in Cook County or throughout Chicagoland and need help getting the benefits you deserve, call Connolly Injury Law for practical advice and professional assistance with your Illinois workers’ compensation claim.
In Chicago, Illinois, most employers are required to carry workers’ compensation insurance. This protects the employers themselves from personal civil liability and also protects the well-being and financial security of employees. If you are injured from an accident at work or you discover a developmental condition, you should inform your employer and file a claim with their workers’ compensation insurance company.
It is against the law for an employer to retaliate against an employee for filing a workers’ compensation claim.
The workers’ compensation insurance system makes it rare for employees to recover compensation through civil claims, such as personal injury claims. There are fewer benefits available in a workers’ compensation claim, but you are not required to prove that anyone was negligent or at fault to receive compensation. You must only prove that the injuries were caused by your work and that you did sustain damages.
Unfortunately, it can be difficult to get the compensation you need from an insurance provider, whose goal is to limit their costs and liability. This is why you need an attorney who understands the state and local workers’ compensation laws and will protect your interests. An attorney can defend your employee rights.
Injuries in workplaces happen in many fields of employment, result in many different injuries, and require their own unique approach. When finding an attorney to represent you, you’ll want an attorney with experience in workers’ compensation laws that are relevant to your employment, accident, or injury. At Connolly Injury Law, we are experienced in some of the following areas, among others:
The Illinois Workers’ Compensation Act covers almost every employee in the state from day one on the job. The law covers all types of workplace injuries and illnesses, including traumatic accidents, repetitive use injuries, and medical conditions such as stroke or heart attack caused by work. Workers with a pre-existing condition can get benefits when their condition is aggravated on the job.
There are several benefits that employees can obtain with a workers’ compensation claim, including:
Injured workers receive coverage for all medical care reasonably required to treat their condition, including doctor visits, hospital stays, surgery, physical therapy, chiropractic treatment, medications, prostheses and medical devices. When you tell your doctor you were injured at work, they bill the workers’ compensation carrier directly so you don’t have to pay out of pocket for your medical care.
Workers’ compensation also helps out with wage replacement while you are out of work recovering from the injury or illness. Typically, this amount equals two-thirds of your average weekly wage while you are off work (Temporary Total Disability/TTD), or two-thirds of the wage differential if you can work at light duty or with restrictions and at a lower rate of pay (Temporary Partial Disability/TPD).
If you have to switch jobs, workers’ comp can cover the costs of vocational rehabilitation in an approved program. If you are permanently disabled or disfigured but can still work (Permanent Partial Disability/PPD) or permanently disabled and unable to work (Permanent Total Disability/PTD), you can receive benefits based on a wage differential or compensation based on a schedule of injuries. Disability benefits do have limitations based on the yearly state laws, so it’s important to be aware of those restrictions.
Illinois workers’ compensation also provides a death benefit to family members who lose a loved one to a work-related accidental injury or illness. Death benefits include $8,000 in burial expenses to the survivor or person paying for the burial, plus two-thirds of the worker’s average weekly wage to a surviving spouse and young children, totally dependent parents, or other persons who were at least 50% dependent on the deceased. These benefits can last for the greater of 25 years or $500,000.
It’s illegal in Illinois to discriminate or retaliate against an employee for filing a workers’ compensation claim, but employers and their workers’ compensation insurance carriers still find ways to deny claims, terminate benefits prematurely, or underpay claims. Common reasons employers give for denying claims include:
Claimant didn’t prove their case – The burden is on the claimant to prove all the elements of a workers’ compensation claim, i.e., the Commission has jurisdiction over the case, the worker was duly employed by the company, there was an accident or exposure at work, that accident or exposure is causally connected to the worker’s injury or illness, and the employee gave proper, timely notice to the employer about the injury or illness.
Extent of disability – Employers and insurers dispute how much the worker is really injured, often requiring employees to submit to examinations by their own hired doctors whose sole purpose is not to treat the individual but to render an opinion to the employer on the worker’s injury.
Not work-related – Especially when the injury stems from a degenerative condition that occurred over time or due to a traumatic accident that is not well-documented, the employer will claim the worker’s injury happened outside of work, off-duty, or due to a pre-existing condition.
Medical bills – The insurer will dispute whether the worker’s medical bills submitted for payment were “reasonable and necessary” to treat the employee’s condition.
Wage disputes – It can actually be quite complicated to accurately calculate an employee’s average weekly wage for the purpose of determining TTD, TPD, PPD or PPD benefits. Employers seize on this difficulty to underpay this valuable benefit that an out-of-work claimant desperately needs.
Not covered – An employer or insurer may claim that the employee was breaking the law when they sustained the injury, that they were intoxicated, or that they sustained the injury intentionally.
The attorneys at Connolly Injury Law have seen these tactics by employers and workers’ comp insurance providers, and we know how to address them. Many injuries should be covered under workers’ compensation claims, and it is important that you obtain the benefits you need to recuperate.
A: Workers’ comp lawyers in Illinois charge a contingency fee, meaning that they keep a percentage of the final settlement if they are successful. Under Illinois law, this percentage cannot exceed 20%. In some cases, this percentage will be less. Whether your case goes to trial or is settled through negotiation, a workers’ compensation attorney will not take more than 20%. Always talk to your attorney about fees prior to hiring them.
A: While you cannot “sue” for workers’ comp in Illinois, you can file a claim through the workers’ compensation insurance system. However, it is rare that you can file a civil claim against an employer. If you are injured while on the job or sustained an injury over time because of your job duties, you can file a workers’ compensation claim. You can file a civil claim if:
A: The average workers’ compensation settlement in Illinois does not tell you what your unique settlement will be. A workers’ compensation claim is directly related to the medical costs needed to treat your injuries and the amount of time you are unable to return to work. If you can never return to work due to a permanent disability, your settlement will be much higher than an employee who recovers from their injury in several weeks.
A: Under state law, you have 45 days to provide notice to your employer about your workers’ comp injury. Whether you suffered a sudden injury or have discovered a condition, you must inform your employer as soon as possible. You must then file a workers’ compensation claim within three years of the incident occurring. This gives you time to contact an attorney and compile important evidence for the claim.
Illinois workers’ compensation laws provide a legal process to fight a wrongful claim denial, underpayment of claims or early termination of benefits. This process involves hearings and appeals before administrative and judicial bodies, and representation from a qualified and experienced workers’ comp lawyer is essential to success. Chicago workers’ compensation attorney Mark Connolly has years of experience and success representing injured workers in Cook County and throughout Chicagoland. Call Connolly Injury Law at 312-780-0816 for a free consultation and help with your claim. There is no fee unless we are successful in getting benefits for you.