At The Kryder Law Group, LLC Accident and Injury Lawyers, we are committed to representing workers who have been seriously injured on the job. Our seasoned team of workers’ compensation lawyers understands the complexities of workers’ compensation law and works tirelessly to ensure our clients in Burbank and throughout Illinois receive the compensation they rightfully deserve. Trust The Kryder Law Group, LLC Accident and Injury Lawyers to advocate for your rights and guide you through this challenging process.
In this Article
What is Workers’ Compensation?
The Illinois workers’ compensation system is a form of no-fault insurance that employers are required to carry in Illinois. It provides benefits for employees who suffer job-related injuries or illnesses on the job, regardless of who is at fault.
This coverage includes medical expenses, lost wages, and rehabilitation services. These benefits are available regardless of who was at fault for the accident.
Who is Covered by Workers’ Compensation?
According to the Illinois Workers’ Compensation Commission, employees are required to carry workers’ compensation insurance, and “almost all employees are covered by workers’ compensation from the moment they start a job. This includes full-time, part-time, and seasonal workers, as well as minors.”
What Are Illinois Workers’ Compensation Benefits?
Illinois Workers’ Compensation benefits can be categorized as follows:
Medical Benefits – Covers all necessary medical care related to injury.
Temporary Total Disability Benefits (TTD) – Wage replacement during recovery period.
Temporary Partial Disability Benefits (TPD) – Benefits during light-duty work phase.
Permanent Partial Disability Benefits (PPD) – Compensation for permanent work restrictions.
Permanent Total Disability Benefits (PTD) – Payments for complete inability to work.
Vocational Rehabilitation/Maintenance Benefits – Services to help injured workers return to work.
Death Benefits – Compensation for dependents of a worker who dies due to work-related reasons.
Why Can Illinois Workers’ Comp Claims be Denied?
Workers’ compensation claims can be denied for a variety of reasons. It may be due to lack of evidence proving the injury occurred at work, a missed reporting deadline, or an employer who disputes the claim. Medical conditions not covered by workers’ compensation, or injuries occurring while the employee was violating company policy may also result in denial.
Understanding these pitfalls beforehand can help employees navigate the claims process more effectively.
Common Types of Workplace Accidents in Burbank
Some of the most common types of workplace accidents for which injured workers in Burbank receive benefits include:
Slip and fall accidents
Vehicle accidents (e.g., delivery drivers, construction workers)
The “Fatal Four” – falls, struck by object, electrocutions, and caught-in/between – are identified by the Occupational Safety and Health Administration (OSHA) as the principal types of accidents prevalent in the construction industry.
Wrongful Death Claims in Workers’ Compensation
If a worker tragically dies due to a work injury, workplace accident or work-related illness, their dependents may be eligible to recover benefits under Illinois workers’ compensation law.
These benefits can cover funeral expenses, lost wages, and provide financial support to the deceased worker’s family. Navigating a wrongful death claim can be complex and emotionally taxing – experienced legal guidance is indispensable in these circumstances.
Common Injuries from Workplace Accidents
Workplace accidents can result in a variety of injuries, from minor bruises to life-changing disabilities. Some common injuries that may occur at work include:
Strains and sprains
Cuts and lacerations
Head and brain injuries
Spinal cord injuries
Burns and electrocution
What to Do After a Workplace Accident in Burbank
After a personal injury or workplace accident in Burbank, it’s essential to follow the right process in order to protect your rights and ensure you receive the compensation you’re entitled to under Illinois law:
Report the Accident: Inform your supervisor or employer—orally or in writing—about the accident as soon as possible.
Seek Medical Attention: Get immediate medical care, even if your injuries seem minor initially.
Document the Accident: Keep a record of the accident and any subsequent symptoms or treatments.
File a Workers’ Compensation Claim: Submit your claim to the Illinois Workers’ Compensation Commission, following their guidelines outlined in their handbook. Your employer is responsible for submitting an accident report.
Hire a Lawyer: Engage a skilled workers’ compensation attorney to help navigate the legal process.
Remember, understanding your rights and responsibilities is the first step towards ensuring fair compensation.
Do I Need a Lawyer for a Workers’ Comp Claim?
Navigating a workers’ comp claim can be complex and overwhelming. Therefore, hiring a lawyer to make sure your rights are protected throughout the process is beneficial.
A key role of a workers’ compensation attorney in your workers’ comp case is to negotiate with the insurance company on your behalf. This negotiation aims to ensure your medical bills are covered fully and your compensation checks continue to arrive without unexpected interruptions.
Additionally, they assist you in gathering evidence, filing necessary paperwork in a timely manner, and providing representation if your claim is disputed or denied, thus reducing the burden on you and increasing your chances of a successful claim.
Why Should I Consult a Lawyer Before the Insurance Company Makes an Offer?
Consulting a lawyer before an offer ensures you don’t settle for insurance companies’ settlement for less than your claim’s true value.
Holding Negligent Third-Parties Accountable
Third-party lawsuits offer a separate avenue for compensation beyond a workers’ compensation claim.
While workers’ compensation provides benefits regardless of fault, it does not cover pain and suffering. In contrast to workers compensation case, a third-party lawsuit is usually filed against a third-party that is NOT the employer and whose negligence contributed to the accident. This can include a contractor, equipment manufacturer, or property owner.
Successful third-party lawsuits can result in compensation for pain and suffering, full lost wages, and other damages not covered by workers’ compensation benefits—thus potentially providing a more comprehensive remedy.
What Is My Case Worth?
A workers’ compensation lawyer evaluates several factors when assessing a claim. Key elements include the severity and nature of the serious injury at work, the level of permanent disability, the cost of medical treatment, and the extent of lost wages.
The workers’ compensation attorney also considers any potential future medical costs and wage loss, as well as the circumstances surrounding the accident — particularly any possible negligence or violation of safety regulations. The overall eligibility of the worker under state law, the response of the employer and the insurance company, and any evidence supporting the claim also play crucial roles in the evaluation.
To ensure your rights are protected and to make sure you get the fair compensation you deserve, contact our Chicago workers’ compensation lawyers at The Kryder Law Group, LLC Accident and Injury Lawyers today.
Our free consultation with our legal professionals includes a comprehensive case evaluation, a clear explanation of your legal options, and answers to all your questions. We operate on a contingency fee basis, meaning we don’t get paid unless we win your case and you. Call us now. Your future depends on it.