Workers Compensation Lawyer
Illinois Workers Compensation
Workplace injuries occur everyday. Fortunately for those injured, Illinois law forces the vast majority of employers to maintain workers compensation insurance. An employer’s workers compensation insurance is invoked to award compensation, pay for medical bills, and provide other ancillary benefits when an injury strikes an employee. If this happens to you, it is best that you work with a workers compensation lawyer to ensure that you navigate this confusing process correctly.
Working With Me
Prior to becoming a lawyer, I worked for a number of years in the construction industry. I saw many injuries, and understand the confusion injured workers face. Today, I take a lot of pride in helping construction workers and other employees obtain the benefits they deserve by making a workers compensation claim.
Frequently Asked Workers Compensation Questions
I handle workers compensation cases on a contingent basis. In other words, I am not paid a fee until a case is successfully resolved. My fee is a percentage of the overall recovery which is established by Illinois law.
Maybe, but this is a fact-dependent question. If a third-party is liable for causing your injuries, you might have a workers compensation claim against your employer’s workers compensation insurance as well as an injury claim against the third-party.
No, a workers compensation claim is not a lawsuit against your employer. A workers compensation claim is simply a claim against the workers compensation insurance that your employer is required to maintain by law. In fact, you are generally not allowed to sue your own employer for a workplace injury. The workers compensation structure is a sort of trade off: employers are protected from lawsuits, but employees are still entitled to benefits assuming the injury was work-related.
Damages vary from case-to-case. That said, workers compensation insurance provides for temporary total disability benefits which is set at a percentage of your average weekly wage (subject to a minimum threshold and maximum limit). Temporary partial disability benefits provides an off-set when an employee is able to return to light-duty work at a lower pay scale than before their injury. In addition, workers compensation provides either permanent total disability (PTD) or permanent partial disability (PPD) benefits. PTD benefits are reserved for very serious permanent injuries that leave an employee unable to work, such as the loss of two limbs. Meanwhile, PPD benefits are generally paid to compensate an injured worker who suffers from partial loss of the use of a body part. Workers compensation is also obligated to cover all reasonable and related medical expenses without requiring a deductible or co-pay. There are other ancillary benefits available as well.
Although the law stipulates that you are only required to notify your employer within 45 days of an injury, you should do so as soon as possible. In order to later prove that you properly notified your employer, you should try to give notification in writing.
No! Your employer is not allowed to terminate you because you exercise your workers compensation rights. Doing so would constitute retaliatory discharge.