If you’ve been injured while on the job in Chicago, the experienced workers’ compensation lawyers at The Kryder Law Group, LLC Accident and Injury Lawyers are here to help. Our team of experienced attorneys can help negotiate with insurance companies about workers’ comp claims on your behalf to make sure that all your medical bills and expenses are covered and that your benefits checks don’t unexpectedly stop. We understand that your injury may have been a major disruption to your life and we are here to ensure the best possible outcome for you.
Our workers’ compensation attorneys will take the time to explain all available legal options, and provide advice tailored specifically to your case. We can help make sure all of your medical needs are covered, such as doctor visits and physical therapy sessions, as well as filing paperwork to ensure that your rights are protected. Our attorneys will also fight to get you the full amount of benefits that you deserve under the Workers’ Compensation Act.
Call today for a free consultation.
What Benefits Are Available Through a Workers’ Compensation Claim?
The Illinois workers’ compensation system is designed to make sure that injured employees are taken care of so that they can make a full recovery without having to prove that their employer was at fault for their injuries. Workers’ compensation benefits of this no-fault system commonly include medical expenses related to your injury, temporary total disability benefits to recover compensation for lost wages, and permanent partial or total disability benefits in cases where an employee cannot return to work due to the injury.
According to the Illinois Workers’ Compensation Commission (IWCC) handbook, benefits include:
Under Illinois law, employees are entitled to seek benefits for medical expenses, occupational disease benefits, and medical treatment after workplace accidents. Medical treatment is considered reasonable and necessary care related to a work injury. This could include compensation for the following:
- Emergency room care
- Diagnostic testing
- Visits to a doctor or a specialist
- Physical therapy
- Assistive medical devices
- Out-of-pocket medical costs
- And more
Call today to speak with Chicago workers’ comp attorneys to find out how to get compensation for your medical care from on-the-job injuries.
Temporary Total Disability (TTD) Benefits
If you are unable to return to work due to your injury, you may be eligible for temporary total (TTD) disability benefits. These benefits replace a portion of the wages that you were earning prior to the accident and are equal to two-thirds (66%) of your normal weekly income. These benefit rates are subject to a cap and the current maximum amounts are listed on the IWCC website.
Temporary Partial Disability (TPD) Benefits
TPD is the benefit you will receive if you are able to return to work in a reduced capacity. This benefit is equal to two-thirds (66%) of the difference between your pre-injury weekly wage and the wages that you are earning in your new position. The maximum TPD amount is also listed on the IWCC website.
TPD Benefit Calculation Example
Let’s say an employee was earning $850 per week when they were injured. While they were out of work getting better, the pay rate was increased to $875 per week. When they return to work in a lighter duty job, they now have a lower paying job and earn $550 per week.
To calculate what they get as their TPD benefit, it’s $875 (current wage of original job) – $550 (current job) = $325 * .66 = $214.50.
So, in this example the TPD benefit would be $214.50 per week.
Vocational Rehabilitation and Maintenance Benefits
If you are unable to return to the job you held before your injury, your employer must pay for the treatment, instruction, and training necessary for the physical, mental, and vocational rehabilitation. This includes all maintenance costs and incidental expenses.
You can choose the provider of such vocational rehabilitation services or you may accept the services of a provider selected by your former employer’s insurance company.
Permanent Partial Disability (PPD) Benefits
You may be eligible for PPD benefits if you are unable to return to your previous job and have a permanent impairment. Permanent partial disability benefits can help replace some of the wages that you have lost due to the injury. The amount of compensation will vary depending on the severity of workplace injuries and your permanent disability and is determined by wage differential, your injuries, or disfigurement.
Permanent Total Disability (PTD) Benefits
If your injury is so severe that you are unable to return to work in any capacity, you may be eligible for permanent total disability (PTD) benefits. These permanent total disability benefits replace two-thirds (2/3) of the wages that you were earning prior to the accident and you may receive these benefits until retirement age or until further medical evidence warrants a modification or termination of the benefits.
If an employee passes away due to a work-related accident, his or her dependents may be eligible for death benefits from the Illinois workers’ compensation system. These benefits are determined by two-thirds (2/3) of the average weekly wage during the last four quarters before the employee’s death. There are also burial benefits available to cover the cost of funeral expenses.
How to Find Out What You Are Entitled To
A Chicago workers’ compensation lawyer from The Kryder Law Group, LLC Accident and Injury Lawyers is here to help you understand your rights under Illinois Workers’ Compensation law and make sure that you receive the full benefits you deserve.
Contact us today to set up a free consultation to discuss your work related injuries with our Chicago, Illinois workers’ compensation attorneys. We are here to answer your questions about the workers’ compensation system.
Can You Sue Your Employer for Additional Compensation?
In short, no—injured workers will not be able to sue their employer if you accept workers’ compensation benefits. By receiving workers’ compensation benefits, you forfeit your ability to take legal action against an employer.
Only under rare circumstances, could an injured employee you be able to take legal action. Our Chicago workers’ compensation lawyers can advise you on your right to file suit.
However, a work related injury with the potential to file a third-party claim or lawsuit is a different story. If a third party’s negligence was the cause of your work injuries (and this party is not your employer), you may be able to seek compensation through an insurance company claim or personal injury lawsuit.
Negligent third parties could include the following:
- Parts or equipment manufacturers
- Vehicle drivers
- Cargo loading companies
We can help you understand your options if someone’s negligence caused your accident. Do not hesitate to contact us so to discuss your specific situation with a workers’ compensation lawyer and see what benefits and options may be available to you.
What Is Maximum Medical Improvement?
When reviewing workers’ comp paperwork, you may have noticed that they frequently use the term “maximum medical improvement” to describe how long benefits may last. Maximum medical improvement (MMI) means that injured workers have recovered as much as they are expected to recover and are unlikely to improve any further with additional treatment.
This term is often used in conjunction with Permanent Partial Disability (PPD) benefits or Permanent Total Disability (PTD) benefits, as these benefits are usually only available until injured workers are at maximum medical improvement.
What Is an Impairment Rating?
An impairment rating determines how much of a disability you have due to your injury and if you are eligible for Permanent Partial Disability (PPD) or Permanent Total Disability (PTD) benefits. The Illinois Workers’ Compensation Commission bases the determination of disability of injured workers on five factors:
- an impairment report prepared by a doctor using the American Medical Association’s “Guides to the Evaluation of Permanent Impairment”
- the injured employee’s occupation;
- the employee’s age when they were injured;
- the future earning capacity of the employee; and
- the corroboration of the evidence of disability by the employee’s medical records.
Take Action Quickly to Protect Your Right to Claim Benefits
To preserve your rights under the Illinois Workers’ Compensation Act, it is important to move quickly. There is a limited amount of time for you to start the process of filing a claim. There are several important deadlines to be aware of throughout the workers’ compensation claims process.
With workers’ compensation cases you should report your work injury to your employer as soon as you can. Be aware of the following deadlines for reporting your initial injury:
- General injuries should be reported within 45 days of the accident.
- Radiological exposure injuries should be reported within 90 days.
- Occupational diseases should be reported as soon as you discover the injury.
What Can Chicago Workers’ Compensation Lawyers Do for You?
While you don’t have to work with a lawyer to seek your workers’ compensation insurance and compensation benefits, we recommend that you consider the value of working with an experienced workers’ compensation attorney from our team.
We Will Work While You Recover
Especially if you are still recovering from your injuries, you may not want to spend your time and energy deciphering your legal rights under workers’ compensation laws, negotiating with insurance companies, appealing a denied workers compensation claim, and filing paperwork. This is where an experienced Chicago workers’ compensation attorney can help. We can do all of these things in Chicago, IL workers’ compensation cases, including:
- Protecting your right to seek all benefits available in your workers’ compensation claim to make sure all your medical bills are covered
- Gathering evidence to prove your injuries
- Assisting you with appealing denied workers’ compensation claims
- Working to challenge any problems that you run into with insurance companies, such as an early end to your benefits
- Settlement negotiations with the insurance company
- Representing you through the legal process
We Will Help Even If Your Claim is Denied
While we would like to be able to say that you will not face any complications with your workers’ compensation case, unfortunately, many claims are initially denied. You can overcome this issue by getting legal help from the very beginning from experienced Chicago workers’ compensation attorneys who will guide you through every step of the process.