If you were injured on the job in Chicago, IL, you could be entitled to compensation for medical bills and lost wages. You may also have rights under Illinois personal injury laws. With the help of a Chicago workers’ compensation lawyer at Attorneys of Chicago Personal Injury Lawyers, you can ensure you’re receiving the full benefits you deserve. Call us at (312) 929-2884 for legal help.
Our lawyers have over 30 years of experience helping clients navigate the complex workers’ compensation system. Over the years, we’ve recovered tens of millions of dollars on behalf of injured workers.
Your initial consultation is always free of charge, so don’t hesitate to contact our law offices in Chicago, Illinois, to schedule a free consultation today.
How Attorneys of Chicago Personal Injury Lawyers Can Help Me Recover Compensation After a Workplace Accident in Chicago
Workers’ comp provides valuable benefits for injured employees. However, the system is also complicated. Insurance companies don’t always play fair. Your employer may even challenge your right to compensation.
An experienced Chicago personal injury attorney can make a world of difference. At Attorneys of Chicago Personal Injury Lawyers, we’ve been recognized by Super Lawyers and the National Trial Lawyers.
When you hire us, our workers’ compensation lawyers in Chicago will:
- Handle all paperwork and make sure you meet all relevant deadlines
- Search for evidence to support your workers’ compensation case
- Ensure you’re receiving the full amount you deserve under the law
- Protect you if your right to benefits is challenged
- Assess your right to additional damages under state law
- File an appeal and represent you at all hearings if your claim is denied
- Negotiate with the workers’ compensation insurance companies on your behalf
Our Chicago personal injury lawyers know the laws inside and out. To learn more about how we can help, call our law firm for a free case review today.
How Common Are Workplace Accidents in the State of Illinois?
Employers in Illinois reported about 102,000 nonfatal workplace injuries and illnesses in 2021. Over 67,000 of those injuries were serious enough to result in days off work, job transfers, or work restrictions.
According to data from the U.S. Bureau of Labor Statistics (BLS), 176 Illinois workplace accidents were fatal in 2021.
Overview of Illinois Workers’ Compensation Laws
Under the Illinois Workers’ Compensation Act, nearly every employer in the State of Illinois is required to purchase workers’ compensation insurance. Workers’ comp benefits provide a safety net to employees who are injured or develop illnesses on the job.
You may be entitled to workers’ compensation benefits if:
- You were an employee at the time of the accident (independent contractors aren’t covered)
- You sustained injuries in a work-related accident or developed an illness due to working conditions
You can file a claim for workers’ compensation benefits regardless of the circumstances. That’s generally true even if you were responsible for your own injuries. However, you also forfeit your right to sue your negligent employer or co-workers for damages.
How Much Compensation Can I Recover for My Workplace Injuries?
The value of your workers’ compensation claim depends on multiple factors, including:
- The severity of your injury
- The cost of your medical treatment
- How much time you will miss from work
- Your average weekly wages before the disability
- Whether you can work in any capacity during recovery
- Whether your injuries are temporary or permanent
- Whether you have additional rights under Illinois personal injury laws
Under the Illinois workers’ compensation system, injured workers receive about ⅔ of their average weekly wages during their recovery. However, those benefits are subject to a weekly cap. During the first half of 2023, that cap is $1,848.20.
What Types of Damages Are Available Under Illinois Workers’ Compensation Laws?
When you file a claim for workers’ comp, you may receive the following types of benefits:
- All reasonable and necessary medical expenses during your recovery
- Temporary total disability (TTD) benefits if you are unable at all to work during your recovery
- Temporary partial disability (TPD) benefits if you are able to work in a limited capacity during recovery
- Permanent total disability (PTD) benefits if you have suffered a permanent disability that prevents you from ever working again
- Permanent partial disability (TPD) benefits if you suffered a permanent disability that prevents you from returning to your prior earnings level
- Vocational retraining and maintenance benefits, if you’re able to work but cannot return to work in the same industry
- Death benefits for the families of fatal work accident victims
These benefits are designed to offset the financial cost of a work-related injury. In other words, workers’ compensation only compensates injured workers for their economic damages.
It’s also possible that you may have rights under Illinois personal injury laws. If someone other than your employer caused your injuries, you can file a third-party claim for additional damages.
In addition to your financial expenses, you may be entitled to compensation for:
- Pain and suffering
- Emotional distress
- Diminished quality of life
- Loss of consortium
For example, you may have a valid third-party claim against a negligent driver in a car accident, a property owner who failed to maintain their property, or even the manufacturer of defective work equipment.
Can Comparative Negligence Laws Impact My Right To Recover Damages in Illinois?
In personal injury cases, the modified comparative negligence law in Illinois can impact your right to compensation. You lose your right to compensation if your percentage of fault is 51% or more. If your share of the blame is less than 51%, your compensation is reduced in proportion to your share of fault.
Shared fault won’t impact your right to workers’ compensation benefits. The Illinois workers’ compensation system is a no-fault system.
That doesn’t mean your right to benefits can’t be challenged. Instead of trying to pin the blame on you, the insurance company might claim that your injuries were pre-existing or that they were not sustained in the course of employment.
Workers’ Compensation Should Provide Compensation for All of Your Work Injuries
At Attorneys of Chicago Personal Injury Lawyers, we often represent injured workers who have sustained:
- Broken bones
- Back injuries
- Head and neck injuries
- Soft tissue damage
- Traumatic brain injuries
- Spinal cord injuries
- Facial injuries and eye injuries
- Organ damage
- Catastrophic injuries
We can also help you fight for fair compensation for wrongful death if you lost a loved one in a fatal work accident.
What Are the Leading Causes of Workplace Accidents in Chicago, Illinois?
The most common cause of workplace deaths in Chicago is falling. That said, workplace injuries and illnesses can happen because of many different things.
Some of the most common causes of workplace accidents in Chicago include:
- Lack of proper fall protection
- Dangerous property conditions
- Failure to communicate about dangerous conditions
- Failure to properly train and supervise workers
- Inexperienced workers
- Defective or improperly installed scaffolding
- Improperly installed scaffolding
- Failure to inspect and maintain the worksite
- Violation of state labor laws and OSHA safety regulations
- Faulty electrical wiring
- Repetitive motions
- Falling objects
- Missing or defective machine guards
- Failure to provide proper respiratory protection
- Defective work equipment and tools
At Attorneys of Chicago Personal Injury Lawyers, we handle all types of workplace accident claims, including those involving;
- Scaffolding accidents
- Slip and fall accidents
- Falls from scaffolding, ladders, and roofs
- Motor vehicle accidents
- Trucking accidents
- Construction site accidents
- Electric shock
- Accidents where a worker is caught between two objects
- Defective products
- Dangerous premises
- Building collapse
- Fires or explosions
- Exposure to toxic substances
- Accidents involving cranes, forklifts, and other heavy machinery
- Workplace violence
- Kitchen accidents in restaurants
Regardless of how you were injured, it’s important to seek legal advice if your right to workers’ comp is challenged. Our Chicago workers’ compensation attorneys will fight to make sure you’re receiving the full benefits you deserve.
How Do I Prove I Deserve Compensation if I Was Injured on the Job in Chicago?
Most injured parties must prove negligence to recover damages under personal injury laws.
They must establish:
- A legal duty of care existed
- A breach of duty occurred
- The breach caused the injury
- The damages involved
You are not required to prove negligence to recover workers’ compensation benefits. If your injury or illness occurred in the course of employment, you are entitled to benefits.
You also don’t have to be injured on the job site to receive benefits. If your job duties take you off of your normal worksite and you’re injured, you can still receive workers’ compensation benefits.
How Long Do I Have To Take Legal Action After a Work-Related Accident in Illinois?
To preserve your right to workers’ comp benefits, you must notify your employer or supervisor within 45 days of the accident. For occupational diseases, you must provide notice as soon as reasonably possible.
You have two years to file a personal injury lawsuit under the Illinois statute of limitations.
Contact a Chicago Workers’ Compensation Attorney To Arrange a Free Consultation Today
If you were injured on the job, don’t wait to take legal action. Contact us today to schedule a free consultation with a Chicago workers’ compensation attorney. We’ll do everything possible to protect your legal right to compensation.
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