Hurt on the job? Knowing your rights and having strong representation is the key to ensuring you get the money you deserve.
The core concept of workers’ compensation benefits for individuals injured in the workplace is straightforward. However, “winning” a workers’ compensation claim is often complex.
As a Chicago workers’ compensation lawyer representing Chicagoland clients in workers’ comp claims, I fight for victims daily to gain the benefits they deserve. Since workers’ compensation benefits are likely the only source of income for these victims, we must take action quickly.
Workers’ Compensation in Chicago
Workers in Chicago benefit from Illinois’ robust and worker-friendly compensation laws, which are among the most comprehensive in the nation.
Illinois law mandates that almost all employers carry workers’ compensation insurance, ensuring that the vast majority of employees—nearly 91% statewide—are covered.
For Chicago workers, whether you’re injured in a manufacturing plant in Cicero, a construction site downtown, or even while delivering goods in Lincoln Park, your employer is required by law to provide the resources you need to recover.
One of the most notable advantages of Illinois’ workers’ compensation system is that it’s a no-fault state, which simplifies the claims process significantly. Injured employees don’t have to prove that their employer, workplace conditions, or faulty equipment caused the injury.
Illinois also offers generous wage replacement benefits, allowing injured workers to receive up to two-thirds of their average weekly earnings during recovery.
In addition to wage replacement, workers’ compensation benefits cover medical expenses, vocational rehabilitation, and even partial or total permanent disability benefits.
Chicago workers also benefit from the state’s robust anti-retaliation protections, which make it illegal for employers to fire, demote, or otherwise punish employees for filing a workers’ compensation claim. These protections ensure that employees can advocate for their rights without fear of losing their jobs.
Who Is Eligible for Workers’ Compensation?
Workers’ compensation provides medical benefits and wages to people injured at their jobs. These include medical expenses, lost wages, and rehabilitation costs.
“Illinois law requires employers to provide workers’ compensation insurance for almost everyone who is hired, injured, or whose employment is localized in Illinois.”
This law covers around 91% of all Illinois employees.
What Are No-Fault Workers’ Compensation Claims?
With few exceptions, employees injured in the workplace are automatically entitled to Illinois’ specified workers’ compensation benefits.
Illinois is a “no-fault” state, meaning injured or sick employees are eligible to receive benefits without proving fault from the company.
Injured employees do not need to prove that the employer, work conditions, equipment, or a co-worker caused the injury.
Even if the actions of the injured employee caused the injury, they are still eligible for benefits.
What Compensation Am I Entitled To?
Those entitled to workers’ compensation benefits receive compensation for lost wages.
These benefits include medical bills, vocational rehabilitation, and partial permanent disability benefits.
However, workers’ compensation insurance companies do not like to pay claimants any more than they have to. Insurance companies try to minimize their costs and will sometimes look for reasons to limit and delay payments to the victim.
While there is a procedure for filing a workers’ compensation claim, follow this 5-step checklist to maximize success with your claim. I know the territory, the pitfalls, and the hurdles.
5 Steps to Win a Workers’ Compensation Claim
Step 1: Seek medical attention.
First and foremost is your health. Seek medical attention and treatment immediately.
Be sure to get copies of medical records regarding your exam and treatment. Take photos of any cuts, bruises, or physical damage that X-rays may not reveal.
An examination by a physician and following their medical advice are the first things you do.
Step 2: Notify your employer.
Following your initial medical treatment, notify your employer as soon as possible.
You must notify your employer of the injury in Illinois within 45 days.
You may inform them orally or in writing (although having a paper trail is a good idea). To avoid delays, include “your name, address, telephone number, Social Security number, and a brief description of the injury or illness.”
Step 3: Document the situation.
Accidents are scary, and details are easy to overlook. In your private notes, write down what you remember happening as soon as possible.
What was happening just before the accident? Equipment condition? Where were you located? Who came to help? What was said? Get the names of witnesses.
Write down everything in your private notes – do not share these notes with anyone other than your attorney, who will find these enormously helpful in fighting for you.
Keep these notes with your medical records.
Step 4: Notify your union.
Make your steward aware of your injury if you’re a union member. Your union can provide significant help, put you in touch with an attorney, and assist in filing any claims with insurance.
Step 5: Retain an attorney.
If you don’t have an attorney through your union or would like one of your own, contact an attorney knowledgeable and experienced with workers’ compensation cases.
Friend, Levinson, and Turner help navigate the claims process to ensure that your benefits are appropriately rewarded.
We fight for your rights and benefits and assist with all the details so you can focus on healing.
We Help Victims.
The key to our success is the time we take to get to know our clients as individuals. We establish a personal relationship to understand every detail of their case and its impact on their family.
The Attorneys at Friend, Levinson & Turner Law apply a disciplined approach to gain a comprehensive perspective of the facts, issues, and injuries experienced by victims of work-related injuries.
Our knowledge, experience, insight, and advice are invaluable. We make the legal process as stress-free as possible. We focus on recovering the compensation you deserve while you concentrate on recovery.
If you or a loved one is injured or a victim of the negligence of others, please call Friend, Levinson, and Turner at 312-346-8465 or contact us using the form below.
