Were you injured at work in Illinois? You may be entitled to workers’ compensation benefits, regardless of whether you were at fault for the accident. The Illinois workers’ compensation lawyers at Zayed Law Offices Personal Injury Lawyers are prepared to help you secure the compensation you deserve. Call today at (312) 726-1616 to schedule a free consultation.
Our legal team has decades of combined experience helping injured workers. We’ve recovered $100+ million for our clients, and we’re ready to help you seek the full benefits available under the law. We work on a contingency fee basis, meaning you only pay attorney fees if we recover benefits for you.
Why Choose Zayed Law Offices Personal Injury Lawyers for Help With My Workers’ Compensation Claim in Illinois?
Illinois’s workers’ compensation system is supposed to be no-fault. However, that won’t stop employers from questioning whether your injury happened at work or trying to deny your benefits. At the same time, insurance companies may dispute your disability ratings or attempt to cut off benefits prematurely. You deserve an experienced Illinois workers’ compensation attorney to help you push back.
Here is why injured workers across Illinois trust Zayed Law Offices Personal Injury Lawyers:
- We bring more than 100 years of combined legal experience representing injury victims.
- Our attorneys have recovered over $100 million for our clients.
- Our firm has earned recognition from Super Lawyers, Best Lawyers, and the Million Dollar Advocates Forum.
- We provide individualized attention and take the time to understand how the accident has affected your life.
- We work on a contingency fee basis and offer free consultations.
Contact us today to schedule a free consultation to learn more about your rights. Our Illinois personal injury lawyers are here to stand up for you.
Overview of Illinois Workers’ Compensation Laws
Under Illinois law, most employers are required to carry workers’ compensation insurance, regardless of the size of their business. This includes construction companies, warehouses, restaurants, hospitals, and small local employers across the state.
Workers’ compensation in Illinois is a no-fault system. You generally do not need to prove that your employer did anything wrong to receive benefits. If you were injured while performing your job duties, you are likely eligible for compensation.
Coverage applies to full-time and part-time employees. Even if your employer has labeled you as an independent contractor, you may still be eligible for benefits depending on the nature of your work relationship.
What Are Some Common Types of Workplace Accidents in Illinois?
To be sure, workplace accidents can happen anywhere, at any time. In one recent year, there were over 34,000 workers’ compensation claims in Illinois. However, some workplaces are more dangerous than others and have higher rates of on-the-job injury and wrongful death.
The most common types of workers’ compensation accidents are:
- Construction accidents
- Falls from ladders or scaffolding
- Injuries from falling objects
- Warehouse/factory injuries
- Machinery accidents
- Injuries from defective tools
- On-the-job vehicle collisions
- Healthcare lifting injuries
- Repetitive motion injuries
- Chemical exposure
- Occupational illnesses
Many of these accidents stem from a lack of proper training or failure to follow safety standards, meaning they are generally preventable. If you were hurt at work, you have rights. An experienced attorney can help you understand your options for pursuing workers’ comp and evaluate additional sources of compensation to which you may be entitled.
How Much Is My Illinois Workers’ Compensation Case Worth?
The value of your Illinois workers’ compensation claim depends on several factors. It may be tempting to assume your claim is limited to a percentage of your average weekly wage.
However, your claim value may vary based on:
- The severity of your injury
- Whether your injury is temporary or permanent
- Your ability to return to work
- Your average weekly wage
- The length of your recovery
- Whether a third-party claim is available
If another party (other than your employer) played a role in causing your injury, you may be able to pursue additional compensation through a third-party personal injury claim. This option substantially increases the value of your claim by unlocking additional economic and non-economic damages you wouldn’t otherwise be entitled to.
What Benefits Can I Receive Through Workers’ Compensation in Illinois?
Workers’ compensation benefits in Illinois generally fall into two main categories: medical benefits and disability benefits. In certain situations, you may be entitled to additional benefits for vocational rehabilitation/maintenance or survivor benefits if you lost a loved one in a workplace incident.
Medical Benefits
Workers’ compensation should cover all reasonable and necessary medical treatment related to your work injury.
This may include:
- Emergency care
- Doctor visits
- Surgery
- Physical therapy
- Prescription medications
- Medical equipment
It’s important to follow the treatment plan of your doctor and comply with all requirements before returning to your position.
Disability Benefits
Illinois provides several types of disability benefits if you cannot work after your accident.
The nature of these benefits depends on your disability rating:
- Temporary Total Disability applies if you are unable to work while recovering.
- Temporary Partial Disability applies if you return to work at reduced earnings.
- Permanent Partial Disability applies to lasting impairments.
- Permanent Total Disability applies if you are unable to return to gainful employment.
The amount and duration of benefits depend on your average weekly wages before the accident and the nature of your disability.
Can I File an Illinois Personal Injury Claim in Addition to a Workers’ Compensation Claim?
Workers’ compensation is intended to provide prompt medical care and partial wage replacement after a work injury. However, it does not compensate you for pain and suffering, emotional distress, or the full value of your lost income.
In most situations, you cannot sue your employer directly if they carry workers’ compensation insurance. The workers’ comp system is no-fault; you get automatic benefits without having to prove your employer was at fault for your injuries. That trade-off is part of the system.
However, if someone other than your employer contributed to your injury, you may have the right to file a separate personal injury lawsuit against them.
Examples of situations where a third-party lawsuit may apply include:
- A negligent driver who caused a crash while you were driving for work
- A manufacturer that produced defective machinery or safety equipment
- A subcontractor whose unsafe practices led to a construction accident
- A property owner who failed to maintain safe premises
- A maintenance company that neglected necessary repairs
Third-party claims are separate from your workers’ compensation case. You can pursue both actions to ensure you receive full compensation for your injuries.
What Compensation Can I Recover Through a Third-Party Lawsuit in Illinois?
A third-party personal injury claim allows you to seek damages beyond what workers’ compensation provides. Through a third-party lawsuit, you may be able to recover all your economic and non-economic losses related to the incident.
Your injury award may include money for:
- Full lost wages
- Future economic losses that are not fully covered by workers’ compensation
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Disfigurement or scarring
- Loss of consortium
These damages can significantly increase the overall value of your case. At Zayed Law Offices Personal Injury Lawyers, our attorneys evaluate every detail of your case to identify whether you are entitled to file a personal injury claim. We can help you pursue compensation from every available source.
What if I’m Blamed for My Workplace Injury in Illinois?
Illinois workers’ compensation is a no-fault system. That means you can generally receive benefits even if you contributed to your injury (unless the injury resulted from intentional self-harm or intoxication). Likewise, you do not need to prove that your employer was negligent.
For personal injury claims, fault does matter. Illinois follows a modified comparative negligence rule in personal injury cases. If you are found more than 50 percent responsible for the accident, you may be barred from recovering damages from a third party. If you are 50 percent or less at fault, your compensation will be reduced in proportion to your share of fault.
How Long Do I Have to File a Workers’ Compensation Claim in Illinois?
Illinois law imposes strict deadlines for workers’ compensation claims. You typically must notify your employer of your injury within 45 days of the accident. In addition to providing notice, you must file a formal claim with the Illinois Workers’ Compensation Commission within the applicable statute of limitations.
If you have a third-party personal injury claim, a different statute of limitations applies. In most cases, you have two years from the date of the injury to file a lawsuit.
If you fail to meet the deadlines in your case, you will likely lose your right to compensation. That’s why it is important to speak with an attorney as soon as possible to comply with the filing time limits.
Contact a Trusted Illinois Workers’ Compensation Attorney Today for a Free Consultation
You should not have to fight for medical treatment or lost wage benefits while you are trying to recover from a workplace injury. You deserve an advocate who can get you the compensation you deserve.
At Zayed Law Offices Personal Injury Lawyers, we have more than 100 years of combined experience representing employees who have been hurt on the job. We have recovered over $100 million for our clients. We are prepared to advocate for you at every stage of your case.
Call us today to schedule your free, confidential consultation with an Illinois workers’ compensation lawyer. Let us fight for your benefits and your future.
