Chicago Workers Compensation Lawyer

What Is Workers' Compensation?

Workers' compensation is a type of insurance policy. Illinois requires most employers to purchase workers’ compensation insurance. Employers pay insurance premiums, and if an employee is hurt on the job or suffers a work-related illness, the worker can file a claim against the policy.

In this way, workers’ compensation insurance provides coverage if you suffer an injury, illness or disease while working or as a result of your work, including:

• Injuries that occur in the workplace directly
• Occupational diseases, including repetitive-use injuries, hearing loss and carpal tunnel syndrome
• Occupational diseases due to toxic exposure, including mesothelioma, asbestosis and radiation poisoning

In most cases, workers' compensation provides benefits regardless of who or what caused the employee's injury or disease. An injured worker does not have to show their employer was negligent or otherwise prove fault.

Who Is Covered by Workers' Compensation?

Employers of all sizes must carry workers' compensation coverage for every employee who is hired or performs any work in Illinois, even part-time workers and non-residents. Illinois estimates that the law mandates coverage for 91% of Illinois employees.

There is one important loophole: Workers' compensation policies generally do not cover independent contractors. However, employers often misclassify employees as independent contractors to avoid paying taxes, fees and workers' compensation coverage. In Illinois, all workers are employees unless they meet a 1-2-3 test. An employer must prove the worker:

• Is free from control or direction over the performance of their services,
• Performs a service outside the usual course of the employer's business or in a location not served by the employer and
• Engages in an independently established trade, occupation, profession, or business.

Only workers who meet all three requirements are independent contractors and exempt from workers' compensation coverage.

Example: A day laborer working on renovating the Thompson Center into residential apartments reports daily to a construction manager, who tells him what to do, provides him with tools to complete the work and supervises its completion. This worker should be classified as an employee, even though his employment is temporary, and should be covered by the employer's workers' comp policy.

A consultant on the same project specializes in high-efficiency upgrades and retrofits to reduce energy use as part of the Retrofit Chicago program. She has her own business and performs her work independently. The construction management company does not offer the services she provides. This worker is correctly classified as an independent contractor.

If you have been denied workers' compensation benefits and believe you are misclassified as an independent contractor, consult a Chicago workers' compensation attorney.

What Are the Chicago Workers' Compensation Benefits Attorneys Can Recover?

If you are injured at work or suffer from a work-related illness or condition, workers' compensation should pay for:

• Medical care that is reasonably required for the injury
• Temporary total disability (TTD) benefits while you are off work recovering from the injury
• Temporary partial disability (TPD) benefits while you recover but work on light duty for less compensation
• Vocational rehabilitation in an approved program
• Permanent partial disability (PPD) benefits if you sustain permanent disability or disfigurement but can still work
• Permanent total disability (PTD) benefits if you are permanently unable to work due to your illness or injury
• Death benefits if your illness or injury is fatal, which are paid to your family

It’s important to note that although medical care is covered, workers’ compensation generally limits your choice of medical provider to those included in the insurance company’s Panel of Physicians.

You should also keep in mind that, unlike personal injury cases, workers’ compensation does not permit you to seek damages for pain and suffering.

Why Would I Need a Chicago Workers' Compensation Attorney?

Ideally, when an employee reports a workplace injury, their employer immediately reports it to their insurer or workers' compensation administrator. The employee seeks treatment and informs their providers that the injury is work-related. Providers submit their bills to the employer or insurer, who approves and pays them. The insurer pays temporary disability while the patient is recovering and approves a fair settlement for their permanent disability.

Unfortunately, this is rarely the experience an injured worker has with workers' comp. Employers may not carry appropriate coverage or claim the worker doesn't qualify. They may dispute that the worker's injury or disease was caused by something in the workplace or related to their work. If their insurer accepts the claim, it may dispute the scope, extent or cost of medical treatment and make a lowball settlement offer to resolve permanent disability claims.

If the employer refuses to pay benefits, an injured worker can file a claim with the Illinois Workers' Compensation Commission and request a hearing. While a work injury attorney is not required, having one is highly recommended. The procedure to pursue a claim can be complicated and involves numerous deadlines and specifications. Retaining a Chicago workers' comp lawyer can significantly improve your chances of successfully resolving your claim, typically for a small contingency fee.

Common Situations Where You May Need a Workers’ Comp Attorney

You aren’t required to retain an attorney when you file a workers’ compensation claim. However, in many cases, having an attorney is essential to protect your rights. In these situations, for example, you will want to speak to an attorney:

• Your injury is serious or permanent.
• You have a preexisting condition.
• Your claim has already been denied.
• You’ve been offered a settlement, but it’s unfairly low.
• Your employer has retaliated against you for filing a claim.

When in doubt, it’s generally best to consult a workers’ compensation lawyer. An experienced attorney can tell you whether you could benefit from legal representation.

Scenarios Where You May Not Need a Lawyer

Sometimes, having a lawyer may not be necessary, such as in these circumstances:

• Your workers’ compensation claim involves a minor injury.
• You’re already receiving benefit payments.
• You have had to miss very little work or none at all due to the injury.

For instance, imagine you suffer a cut on your hand and are back at work the next day. If workers’ compensation covers your medical bills, you likely wouldn’t need the help of a lawyer to recover more compensation. It’s always best to consult a lawyer if you’re not sure whether your situation calls for legal advice.

Chicago Workers' Comp Injury Types Attorneys See Often

The Chicago metro area has many diverse economic sectors. Unfortunately, employees in every industry suffer work-related injuries. Attorneys Chicago residents trust to pursue workers' comp claims report many common injuries, including:

Warehouse

The Chicago metro area has one of the most robust manufacturing industries in the country. Common industrial injury claims include heavy machinery accidents, worker falls, objects falling and striking workers, exposure to hazardous substances and repetitive use injuries.

Transportation

Chicago is a hub for many types of transportation, including interstate trucking, rail and aviation, as well as marine traffic on Lake Michigan. Cases involving interstate (and international) transportation workers can get complicated quickly. An experienced Chicago workmans' comp lawyer can be invaluable to these cases.

Retail and Hospitality

Lower-wage and tipped workers in stores, hotels, restaurants and tourist attractions may struggle to obtain fair compensation for workplace injuries that impact their ability to work.

Tech and Communications

White-collar workers in Chicago's booming tech industry can suffer from numerous workplace injuries. Employers may wrongfully deny claims made by remote workers for work-related conditions.

Healthcare

Chicagoland is home to many top-notch healthcare facilities and research labs. In addition to ordinary workplace hazards, front-line healthcare workers face some unique dangers: exposure to disease, patient violence and trauma. Recovering compensation for mental health conditions can be especially challenging.

How a Chicago Worker Injury Lawyer Can Help You Recover

Workers’ compensation benefits only cover a portion of lost wages, and do not compensate an injured worker for pain, suffering or other non-economic damages. An attorney can help you understand whether you have options to recover these damages, including:

Employer Lawsuits

Employees covered by workers’ compensation policies are generally not allowed to sue their employer for work-related injuries. However, there are some exceptions, such as if your injury resulted from gross negligence or intentional acts by your employer (or its agent, such as a manager).

These exceptions tend to be uncommon, but they aren’t unheard of. A workers’ compensation lawyer can tell you if an exception applies in your case, and if it does, they may be able to help you pursue a lawsuit.

Third-Party Lawsuits

Sometimes, workplace injuries are caused by a defective or dangerous product or another person or entity. You may be able to sue the responsible party for damages not covered by workers’ compensation.

Government Benefits

You may be eligible for Medicare, Medicaid, Social Security Disability Income, VA benefits or other government programs as a result of your illness or injury.

Settlement Funds

Individuals suffering from mesothelioma or other illnesses caused by workplace exposure to asbestos or other toxic chemicals may be able to obtain benefits from established victim relief funds.

Retaliation for Workers' Compensation Use

Illinois law also protects employees from retaliation due to their use of the workers’ compensation system. If you have been fired, demoted, harassed or retaliated against at work because of your work-related injury, your receipt of benefits or for asserting your workers’ compensation rights, contact an attorney. Even if you are let go while receiving benefits, you may still be entitled to continue collecting them, depending on the specifics of your case. The law also protects workers from retaliation if they report employers that fail to comply with their coverage requirements.

Looking for a Chicago Workers’ Compensation Attorney?

Working with a workers’ compensation attorney doesn’t guarantee that your case will be successful, but you’re far more likely to recover a fair settlement if you have an attorney advocating for you.

Not sure how to select the right attorney? ConsumerShield can help. We match consumers around the country with capable lawyers nearby. Fill out our contact form for a free case review today.