If you’ve been injured at work in Illinois, you may qualify for workers’ compensation benefits. As a no-fault insurance, workers’ compensation covers medical bills, lost wages, and rehab costs.
An experienced Des Plaines workers’ compensation lawyer from our personal injury law firm can guide injury victims through the claims process to ensure they receive benefits and fair compensation.
In this Article
Do I Need a Des Plaines, IL, Workers’ Comp Attorney?
Yes. A personal injury attorney helps employees with an injury suffered at work (or with work-related illnesses) deal with insurance companies to secure maximum recovery. We ensure your medical bills are covered and your workers’ compensation pay and benefits continue without interruption, allowing you to focus on your recovery. If disputes arise, we resolve them quickly or file an appeal if necessary. We can also help you file a personal injury lawsuit if a third party was involved in your accident.
What Is a Third-Party Lawsuit in a Workers’ Compensation Case?
If a negligent other party contributed to your workplace injury, you may be eligible to file a lawsuit against them. These claims can provide additional compensation for damages not covered by work injury claims, such as pain and suffering.
For instance, if you were involved in a car accident or truck accident while working, you may have a valid personal injury claim to recover damages.
What Are Illinois Workers’ Compensation Benefits?
The Illinois workers’ compensation system, managed by the Illinois Workers’ Compensation Commission (IWCC), requires most employers to carry workers’ compensation insurance. Under Illinois law (the Illinois Workers’ Compensation Act, 820 ILCS 305, et al.), you can seek workers’ compensation benefits for medical expenses if you were injured or made ill on the job, regardless of who was at fault and without proving negligence.
Illinois workers’ compensation law includes:
- Temporary Total Disability (TTD) provides wage replacement and medical care while you are temporarily unable to work and are expected to make a full recovery.
- Temporary Partial Disability (TPD) offers benefits if injured workers return to work but earn less due to injuries.
- Permanent Partial Disability (PPD) provides compensation for workers left with a permanent impairment.
- Permanent Total Disability (PTD) offers lifetime financial support for those who are permanently totally disabled.
- Vocational rehabilitation and maintenance include job retraining services and weekly financial support during the program.
- Death benefits cover funeral expenses and provide financial support for the surviving family members of a worker.
Disability payments are based on your average weekly wages and vary depending on whether you have partial or permanent disability benefits.
Why Can Workers’ Compensation Cases Be Denied?
In Illinois, a workers’ compensation claim might be denied for various legal issues: if the injury or illness wasn’t reported on time, it lacks sufficient evidence, it involves preexisting conditions, it isn’t a work-related injury, or it is an injury that occurred outside of work.
You can appeal a denied claim through the Commission.
Common Types of Workplace Accidents in Des Plaines
Workplace injuries requiring medical treatment that our personal injury law firm sees include:
- Falls from heights
- Burns or chemical exposures
- Repetitive stress injuries
- Heavy machinery injuries
- Overexertion injuries
- Back injuries from heavy lifting
Most Common Workplace Injuries
Some of the more common injuries that affect workers may include repetitive strain injuries (like carpal tunnel syndrome), back injuries and spinal cord injuries, head injuries, traumatic brain injuries, and wrongful death.
What to Do After a Workplace Accident in Des Plaines
If your injury happened at work, follow these steps:
- Report your injury to your employer within 45 days. They’ll notify their workers’ compensation insurance carrier.
- File electronically or submit three copies of the claim application.
- Seek medical attention, follow your doctor’s advice for ongoing treatment, and retain your medical records.
- Track medical costs and missed work.
- Consult a personal injury attorney to help with your workers’ comp claim and ensure you obtain compensation you deserve.
How Long Do I Have to File a Lawsuit?
Under the Illinois Workers’ Compensation Act (Section 6[d]), there are strict deadlines for filing a formal claim. An injured person in Cook County generally has three years from the exact date the workplace injury occurred to file.
Contact a Des Plaines Workers’ Comp Attorney Today
Our legal team will work tirelessly to help you seek compensation, navigate your Des Plaines workers’ compensation claim or personal injury case, ensure you receive the maximum workers’ comp benefits and justice you deserve, and solve your Illinois workers’ compensation issues.
Call for a Free Consultation
The legal help from personal injury lawyers in our Des Plaines law office can make a significant difference to your legal representation. Injured clients don’t pay attorney fees unless we win the case.