THE ILLINOIS HAMMER
Illinois Workers’ Compensation Lawyer
When you’ve been injured at your job, you may be facing mounting medical bills while you’re unable to work. Workers’ compensation benefits cover injured employees’ medical expenses and pay some of their lost wages to help them make ends meet.
$115 Million Recovered for Work Injuries
Content Reviewed by: Bradley Dworkin
Last Date Modified
- November 7, 2024
However, the Illinois workers’ compensation system can be complex. While you won’t need to prove negligence or wrongdoing by your employer, insurance companies will likely try to dispute your claims to protect their bottom lines.
The experienced Illinois workers’ compensation lawyers at The Illinois Hammer Injury Attorneys can help you navigate the claims process and win you the maximum possible compensation for your injuries. Don’t wait—contact us online or call 888-742-6637 today for a free case consultation.
Why Should You Trust Our Illinois Workers’ Compensation Lawyers?
The Illinois Hammer Injury Attorneys have over 30 years of experience tackling personal injury law, including workers’ compensation cases. We’ve built a reputation for “hammering down” on insurance companies, refusing to let up until they pay our clients a fair settlement—and our win rate is 97 percent of the cases we take.
We’ve won over $500 million for our clients in both settlements and verdicts, including $115 million for workplace injuries alone.
Our office is based in Chicago, but we serve clients across Illinois. We’re committed to fighting for the rights of Illinois workers and holding negligent employers accountable, and we understand the financial difficulties that can prevent a victim from finding the right representation. That’s why we work on a contingency fee basis, meaning we won’t get paid unless and until you receive compensation.
“Being in workers’ compensation is important to me because we can protect people from being taken advantage of by large companies. The average person can’t afford a team of lawyers to assist them with every legal matter like a juggernaut enterprise. I like to think workers’ compensation attorneys are the shield between an injured person and the insurance company.”
Workers’ Compensation Settlements We’ve Won
Types Of Illinois Workers’ Compensation Claims We Handle
If your injury happened on the job, it’s probably in our wheelhouse. If you’re unsure we can help with the type of injury you’re dealing with, feel free to ask us by calling 888-742-6637.
Some of the types of accidents we handle include the following:
- Construction accidents
- Industrial accidents
- Welding accidents
- Transportation accidents
- Forklift accidents
What Workers’ Compensation Benefits Can I Receive in Illinois?
The Illinois Workers’ Compensation Act provides benefits to cover various expenses you face because of your injuries. These include the following:
- Medical benefits, which fully cover treatment of your injuries
- Temporary total disability benefits, or TTD, including partial pay while you’re unable to work
- Temporary partial disability benefits, or TPD, which compensate for the difference in your typical pay and the amount you make while returning to work part-time or with fewer duties
- Permanent partial disability benefits, or PPD, including long-term compensation based on the type and severity of your injuries
- Permanent total disability benefits, or PTD, including a lifetime weekly payment of two-thirds of your average weekly pay
- Vocational rehabilitation benefits, which cover the costs of treatment and training if you cannot return to your previous job
- Death benefits, including an $8,000 payment for burial costs
- Penalties if an employer fails to pay owed benefits and interest that accrues while an employer disputes benefits
However, workers’ compensation benefits in Illinois do not cover non-economic damages like emotional trauma, pain and suffering, or loss of enjoyment. To receive compensation for non-economic damages, you’ll have to pursue a claim against a third party other than your employer that you believe is partially responsible for your injuries.
Special Worker Protection Laws and Their Benefits
Injured maritime workers will likely have to pursue workers’ compensation through the federal Jones Act rather than the Illinois state system. The Jones Act requires employers to cover injured workers’ medical and living expenses and compensate them for lost wages. Unlike Illinois’ workers’ compensation laws, the Jones Act allows maritime workers to file negligence lawsuits against their employers and seek further compensation.
Similarly, the Federal Employer’s Liability Act, or FELA, protects railroad workers. However, FELA is a fault-based law, meaning injured workers must prove their employer’s negligence caused their injuries.
What Should I Expect From the Workers’ Compensation Process In Illinois?
The first step in making a workers’ compensation claim is ensuring your injury is fully reported and documented. You should seek immediate medical treatment and notify your employer about your injury as soon as possible. Under Illinois law, injured employees generally must notify their employers within 45 days of the accident.
Once you’ve received medical attention and notified your employer, a trusted Illinois workers’ compensation attorney can help you file a claim with the Illinois Workers’ Compensation Commission. The commission will assign an arbitrator to your case and automatically set status calls for every three months.
Your attorney will negotiate with your employer and its insurance company for a fair and just settlement. If the insurance company refuses to agree to a settlement, the case may go to a hearing before the arbitrator.
Illinois Workers’ Compensation Frequently Asked Questions
Who is Liable If I Get Injured In the Workplace?
Your employer is responsible for the safety of its workers. Thus, it must obtain workers’ compensation insurance covering all its workers. If you’re injured in the workplace, that workers’ compensation policy covers you. However, it is also possible for a third party, like a reckless driver or negligent maintenance company, to be responsible for a workplace injury and thus liable in a separate personal injury claim.
Do I Have To Prove Fault in a Workers’ Compensation Claim?
Illinois has a no-fault system for workers’ compensation benefits, meaning you do not need to prove any wrongdoing or negligence by your employer to receive benefits. If you’re injured at work, you’re entitled to medical benefits and partial reimbursement of your lost wages, even if you share a degree of blame for the accident.
What Do I Do If My Workers’ Compensation Claim Was Denied?
Carefully review your denial letter and the insurer’s reasons for rejecting your claim. If you believe the denial was unfair, erroneous, or illegal, you can file a petition with the Illinois Workers’ Compensation Commission.
It’s crucial to consult a trustworthy Illinois workers’ compensation attorney while considering your next moves. Your lawyer can provide expert advice on the viability of your claim and fight on your behalf as you navigate the process.
Can I Get Fired For Filing a Workers’ Compensation Claim in Illinois?
In Illinois, it is illegal to retaliate against an employee for filing a workers’ compensation claim. You might be able to take separate legal action against your employer if you are fired, harassed, or otherwise discriminated against after bringing a claim.
Will My Immigration Status Affect My Ability to Receive Workers’ Comp?
Immigration status does not affect an employee’s ability to seek workers’ compensation benefits under Illinois law.
Will Filing a Workers’ Compensation Claim Affect My Future Employment?
A workers’ compensation claim should not affect your future employment, as injured workers have many legal protections. While your employer is not required to keep your position open while you are out of work, they cannot terminate you because you filed a claim. It might constitute illegal retaliation if you can return to your previous duties once you’ve healed and your employer refuses to bring you back because of your claim.
Should I Hire a Workers’ Compensation Attorney?
The workers’ compensation process is complex. Having a skilled Illinois workers’ compensation lawyer by your side will make the claims process easier in virtually any circumstance. A knowledgeable attorney can help you make informed decisions in complicated situations and can fight for your claim from a position of expertise and authority.
Protect Your Rights After a Work Injury—Let Us Hammer Out the Details!
If you’ve been injured at work, don’t leave your financial future at the mercy of your employer and insurance companies. Call The Illinois Hammer Injury Attorneys today at 888-742-6637 for a free case consultation. We’re ready to fight relentlessly to get you the workers’ compensation benefits you deserve.
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Related Pages
- 3 Tips You Should Know Before Going Back to Work After a Work Injury
- Should I File A Workers’ Compensation Claim or Sue My Employer?
- Staying Safe on the Job
- Chicago Construction Accident Lawyer
- Chicago Premises Liability Lawyer
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