Workers Compensation Lawyer in Chicago, Illinois Work Injury Attorney

Illinois has a lot of strong laws on behalf of injured workers.  One of the strongest has to do with the amount you will be paid if you are permanently totally disabled (or killed) due to a job accident.

Depending on the date of your accident, there is a minimum amount that you have to be paid if you are permanently disabled.  For example, for accidents between January 15, 2008 and June 30, 2008, the minimum weekly payment is $441.93. 

In other words, let's say that you took a job 10 hours a week making $10.00 an hour.  Your weekly wage would e $100.00.  Let's also assume that one day on the job you are lifting a box, herniate a disc in your back and after medical treatment your doctor determines that there is no work in the world that you can reasonably do (or through vocational rehabilitation, an expert feels the same way).  At that point you are permanently disabled.

Before a Judge finds that you are permanently disabled, you would receive a weekly benefit of $100.00 which is the minimum TTD rate for when you got hurt.  This would continue indefinitely and the insurance company would likely be in no hurry to agree that you are unable to ever work again.

On the flip side, you would have a big motivation to get before an Arbitrator because the moment you do, the weekly benefits you are receiving would dramatically increase.  And unless your case is settled or your physical situation changes you can expect that you'd receive these benefits for the rest of your life.

Many attorneys tell their clients that if they are receiving benefits that there is no need to get in to court and sometimes that is true.  But if your weekly pay rate is low and it can be increased, your lawyer should do whatever they can to get you before a Judge.  If this is your situation, don't delay.  It literally can cost you tens of thousands of dollars if you sit back and do nothing.

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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People are always asking us what they can get if they are injured on the job in Illinois.  Here is an overview of the available benefits:1

Medical

In Illinois, your medical bills are covered 100%. You should not have to pay any deductibles or co-pays for any treatment that is reasonable and related to your work injury.  That said, you can't go from doctor to doctor to doctor.  You are entitled to two sets of opinions.

2

TTD - Temporary Total Disability

When you are unable to work temporarily, or if you injuries prevent you from performing your full duties and your employer can't find other work for you in the meantime, you are entitled to temporary total disability payments. The amount paid is 2/3 of your average weekly wage for the 52 weeks prior to your injury. The payments are tax-free and there is a weekly maximum and minimum. Payments continue for the duration of your disability (or until your injuries are determined to be permanent).

3

PPD - Permanent Partial Disability

If your injury is permanent, you can receive payments for the nature of your injury. The amount is 60% of your average weekly wage. These benefits can happen after your doctor has released you from his or her care and determined that you are at "maximum medical improvement." A lawyer can get you a settlement or you can get his benefit by going to trial and keeping your medical rights open.  Every case is different and there is no way to say what a case is truly worth without reviewing your medical records.

4

PTD - Permanent Total Disability

If you are permanently and completely disabled, and cannot return to any job, you are entitled to permanent total disability benefits. The amount paid is 2/3 of your average weekly wage, subject to a weekly minimum and maximum. The payments last conceivably for the rest of your life.

5

Death Benefits

An employee's surviving spouse and children are entitled to benefits based on a percentage of the employee's wages. A burial allowance of $8,000 is also available. Under changes to the Illinois Workers' Compensation Act in 2006, the minimum payout is $500,000.

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 tell a lot of our clients that we hope their case isn't worth in the six figures.  If it is that means they had a really big injury that is probably going to impact them long term.  I haven't met one person that would give up their health for any sum of money.

On the flip side of that is the fact that many workers in Illinois do sustain severe injuries that change their lives forever.  Some can go back to their old jobs.  Some can still work for their same company but in a new job.  Others end up making less money working elsewhere.  Still others may be able to do some work, but there is no stable job market for them.

If you are hurt on the job and your doctor's final restrictions don't say that you are permanently disabled, that doesn't mean that you aren't permanently disabled under Illinois work injury law.  You just have to show that there's no reasonable expectation that a job would exist for you.

The Arbitrators look at a bunch of factors in deciding this.  They include the age of the worker, their education, their language skills, job history and physical restrictions.  You may be able to make some money here or there, but if there is no stable market for you, you will likely be found to be permanently and totally disabled.  The case that decided this was called National Tea vs. Industrial  Commission.

A smart attorney or injured worker doesn't leave their fate to an injured worker.  They demand that the insurance company hire a vocational expert and they also hire one of their own.  Just like you have to prove through a doctor what your injury is, you should prove through a vocational expert your ability to get a job.

This process is a marathon, not a sprint.  As long as you are cooperating with vocational rehabilitation you should continue to be paid while you are off work.  By cooperating with the process you help yourself in the long run.

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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A client of ours has been off work for 18 months and is now receiving social security disability benefits.  It is not clear if she will be able to ever go back to work and she asked us if getting social security proved that she is permanently disabled for workers comp purposes.

The answer to her question is no.   Number one, the findings of social security aren't worth anything.  Their standards are different than the Illinois work comp standards.  Number two, it depends on her future medical improvement.  Getting social security doesn't mean that you are disabled forever, it means that there is a reasonable expectation that you won't be able to work for twelve months.

If our client's neck injury gets better and she can return to some sort of work, she will not receive permanent disability benefits as long as there is a stable job market for her.  Time will tell.

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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There are some work injuries that are so significant that they require home care.  We have had cases where our clients have been awarded benefits that included a nurse coming into the home to provide treatment.  Some examples of what they do are change bandages, provide physical therapy, cook meals and generally take care of a person who can no longer do so for themselves.

In some matters it makes sense for a family member to provide this service.  I know that if I was hurt to the point where I needed assistance going to the bathroom or taking a shower I would be more comfortable with my wife handling those duties, especially if this help was needed in the middle of the night.

Under Illinois Workers' Compensation Law, if a family member has to take care of a disabled worker they may be entitled to pay for this time.  The law isn't clear-cut on how much they will get paid and it often depends on how much skill you have as a care taker.  In other words, a licensed nurse can expect to be paid like a nurse.  If you don't have that license you wouldn't get paid as much even if you were doing the same work a nurse would do.

We know this is confusing so if you have questions about compensation for a family member who has to take care of an injured worker just call us at (312) 346-5578.  Please note, it usually is a benefit that is only available to the family members of those who are severely injured.

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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