Workers Compensation Lawyer in Chicago, Illinois Work Injury Attorney

With all of the layoffs happening these days, a lot of injured workers are taking a severance package.  Most of these severance packages say something to the effect of "In exchange for this severance you give up your right to bring any claim for anything at all against our company."

Some specifically mention workers' compensation claims.  The reality is that even if you sign that severance agreement, you don't lose your right to file an Illinois workers comp case.  Under Section 23 of the Illinois Workers' Compensation Act, only the Illinois Workers' Compensation Commission can bring a case to a close. 

To be safe we always encourage people to have their claims formally filed with the Commission.  But either way you can essentially have your cake and eat it too.   Please note that if you have any work restrictions or might in the future, we do not recommend that you take a severance without consulting an Illinois workers' comp lawyer.

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our statewide network of attorneys.  Contact us and we will answer your questions or find the right lawyer for your situation.

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Under the Illinois Workers' Compensation Act, an employer or their insurance company has two weeks to either pay TTD benefits or approve medical care or have a good faith dispute as to why they are not paying.  If they don't, we as Illinois workers' compensation lawyers can hit them for penalties.  These penalties can be as much as $10,000 for failure to pay TTD and 50% of the cost of any unpaid medical bills or procedures that are not reasonably denied.  All of that money goes in to the pocket of the injured worker because under Section 16 of the Act they would have to pay our 20% fee as well.

It amazes us that so many law firms don't take advantage of this law.  If we have a client that needs a back fusion and they can't get it, if the surgery is being unreasonably denied, a penalties petition is great leverage for getting it approved.

Two weeks is also an important time frame because while your employer doesn't have to pay you for the first three days you miss from work due to a work injury, once you hit 14 days - and that includes days you aren't scheduled to work - they do.

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our statewide network of attorneys.  Contact us and we will answer your questions or find the right lawyer for your situation.

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We received a call from a nice guy with a fairly major injury that happened after a car accident on the job that was someone else's fault.  He hired a workers' compensation attorney who told him that he could handle the whole case.  Problem was that was a lie so that attorney recommended a "friend."  The car accident lawyer said his fee would be 1/3, but then sent a contract that said 40%.

I pointed out to this caller that it should be a red flag that the first two interactions with his attorneys started with lies.  "Yes, but I checked them out and they are members of the Illinois Bar Association so that impressed me."  I let him know that the Illinois Bar Association is just a club and that while they surely have many fine attorneys that have joined, any Illinois attorney can join so that membership shouldn't add anything to the evaluation process.

I further pointed out that the workers' compensation insurance carrier will have a lien against the personal injury case for up to 75% of what they end up spending.  Because he's paying two law firms instead of one, he's going to net less money in the end.

We usually recommend a work injury attorney that just handles job accidents.  But when a personal injury case is part of the claim it can often serve you well to have a work comp lawyer that knows a thing or two about Illinois personal injury lawsuits or has a partner that handles those cases.  It will save you money, allow you to have attorneys that are really working together and will prevent you from having to communicate the same thing twice.

No matter what the facts are, if you hire someone because they are a member of a club and they start off the relationship with lies, don't be surprised when down the road you don't feel that they are fighting for you or giving you the customer service that you deserve.  Fool me once, shame on you, fool me twice, shame on me.

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our statewide network of attorneys.  Contact us and we will answer your questions or find the right lawyer for your situation.

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Illinois workers' compensation cases are not lawsuits.  Employees in Illinois can typically not sue their employer for negligence.  Instead they get workers' compensation benefits and don't have to prove any fault or negligence if their injuries arose out of and in the course of their employment.   Injured workers usually can receive:

100% of their medical bills:  That means no co-pays or out of pocket expenses if the treatment is reasonable and necessary.

66% of your average weekly wage:  This is also known as TTD benefits or temporary total disability.  You get 2/3 of your average wage over the last 52 weeks.  Unlike some other benefits, there is no maximum amount of time to receive TTD.  You get it until you are back to work at your old job or can work with restrictions.

A settlement for the permanent nature of your injury:  This is known as PPD or permanent partial disability benefits.   The amount you receive for this depends on your wage and the impact of the injury on your life and how it will effect you in the future.  Lawyers determine this by looking at your medical records and comparing your situation to past cases that have been settled or decided by a Judge in Illinois.

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The law in Illinois is that if your job causes, aggravates or accelerates a condition it should fall under the Illinois Workers' Compensation Act (pdf).  That's easy to determine if you lift up a box and feel a pop in your back or slip on a wet floor and hurt your shoulder or knee.  But what happens if you have an injury that you notice away from the job?

Heart attacks quite often don't happen at the moment a triggering event occurs, but rather hours later.  In other words, if you are working a 14 hour shift in extreme cold or doing a lot of heavy lifting, the strain on your heart may be taking place without you knowing it.  You could work a hard day and have a heart attack that night in the privacy of your own home.  Under Illinois law, that may be a work related injury.  If something about your job was unusual (like extreme cold or heat, excessive lifting, very long hours) and it played a role in your heart attack then you should be able to secure work injury benefits.

When we handle these cases we are sure to take a complete look at the life of our client and talk to their cardiologist about the role that the job played in a heart attack.  Even if you have other factors that could contribute to heart disease, if your job is a factor then you will likely win your case.

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our statewide network of attorneys.  Contact us and we will answer your questions or find the right lawyer for your situation.

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