If you or a loved one has been seriously injured while on the job, The Kryder Law Group, LLC Accident and Injury Lawyers can help. Each experienced Naperville workers’ compensation lawyer from our law firm is prepared to work diligently for your rights to get you the benefits and financial compensation that you deserve.
The workers’ compensation attorneys from our law offices will handle all aspects of your workers’ comp claim from start to finish. We offer a free initial consultation to understand your unique situation and to set a winning strategy with you. We will handle communication with all parties involved, including employers, insurance companies, and medical providers. We are also knowledgeable about the appeals process in case your claim is denied.
In this Article
What Is the Illinois Workers’ Compensation Law?
The Illinois Workers’ Compensation Act provides benefits to employees who are injured while performing their job duties. Illinois workers’ comp is a no-fault system, so employees injured on the job can get compensation without having to prove their employer is at fault under these workers compensation laws. The benefits include medical costs, disability payments, lost wages, and other expenses resulting from the work related injury. If you have been seriously injured at work in Naperville, IL or elsewhere in Illinois, our workers’ compensation lawyers can help you get the workers’ compensation benefits that you deserve.
Are All Employers in Illinois Required to Carry Workers’ Compensation Insurance?
Yes. In Illinois, all employers must have workers’ compensation for their employees. One exception to this are sole proprietors. They may be exempt if they do not have any employees, but they do have the option to protect themselves with coverage.
Is Workers’ Compensation in Illinois a No-Fault System?
Yes, in Illinois, worker’s comp is a no-fault system that allows injured workers hurt on the job to receive benefits regardless of who was at fault for the incident.
Who Regulates Illinois Workers’ Compensation System?
The Illinois Workers’ Compensation Commission is responsible for administering and regulating the state’s workers’ compensation system. The commission is comprised of seven commissioners who are appointed by the governor.
What Do I Need to Prove to Receive Workers’ Compensation Benefits in Illinois?
To receive workers’ compensation benefits in Illinois:
You must prove that your injury was caused by an accident or illness related to your job duties.
You must also provide medical evidence attesting to the severity of your injury and its relation to work.
Most Common Reasons Why Workers’ Compensation Claims are Denied
Workers’ comp claims can be denied for a variety of reasons:
Failure to report the injury within the time limit,
Failure to obtain medical treatment, or
Lack of evidence that the injury was work-related.
Can I Get Fired If I Claim Workers’ Compensation?
No. It is illegal for an employer to punish or terminate an employee for filing a workers’ compensation claim. If you feel that your employer is retaliating against you for filing a claim, it is important to speak with one of our workers compensation attorneys at The Kryder Law Group, LLC Accident and Injury Lawyers.
What Are Illinois Workers’ Compensation Benefits?
According to the U.S. Department of Labor (USDOL), the four types of workers’ compensation benefits are: medical expenses and wage replacement benefits, rehabilitation benefits, and other benefits (e.g., death benefits).
The benefits that you may be entitled to under the Illinois Workers’ Compensation Act include medical expenses, disability payments, and other related expenses. Disability payments are based on your average weekly wages and vary depending on whether you have a permanent partial disability, or total disability.
Additionally, if an employee is killed in a workplace accident, the surviving family members may be eligible for death benefits.
Does Workers’ Compensation Pay for Pain and Suffering?
No. Workers’ compensation benefits do not cover pain and suffering or other non-economic damages like emotional distress. However, if there is a negligent third party who contributed to the accident, you may be able to file a personal injury lawsuit against them for these types of damages.
Common Types of Workplace Accidents in Naperville, IL
Naperville is home to many businesses, and with that comes a variety of workplace accidents. Some of the most common types of accident include:
Slips and falls are a common cause of injuries at any workplace. For example an employee could slip and suffer an injury due to wet floors, uneven surfaces, or a cluttered environment.
Manual handling accidents occur due to improper lifting techniques or using incorrect body mechanics. These types of injuries are common in warehouses or on job sites where the employee must lift and move heavy objects.
Vehicle accidents are common for jobs where employees transport materials or drive for work. These types of accidents can involve trucks, forklifts, and other motorized vehicles.
Exposure to hazardous materials can cause devastating and life-threatening work-related injuries. These accidents can caused by workers handling dangerous substances, such as asbestos, radioactive substances, chemicals, and gas.
Machinery accidents are common in manufacturing plant and can be caused by malfunctioning, defective, or poorly maintained equipment.
Burns are another type of injury that can happen on construction sites and can cause life-changing injuries that require extensive medical treatment and a prolonged time off of work.
Repetitive motion injuries can happen in just about any industry. This type of workplace injury happens when tasks that require repetitive movements or postures include typing at a computer, scanning groceries, hammering nails, working on an assembly line, or using a jackhammer.
What Are the Most Common Causes of Workplace Accidents?
According to the National Safety Council, the most common causes of workplace accidents in recent years are: exposure to harmful substances or environments. (This anomaly was a result of cases related to COVID-19. In previous years, exposure to harmful substances or environments was previously the 6th ranked cause.) The next two most prevalent causes of injury and illness involving days away from work are overexertion and bodily reaction, and slips, trips and falls. These top three causes account for more than 75% of all nonfatal injuries and illnesses involving days away from work.
What Are the Most Common Workplace Injuries?
Workplace accidents can cause a variety of injuries, from minor bruises to life-threatening trauma. Some common workplace injuries include:
Sprains and fractures caused by slips and falls or lifting heavy objects
Cuts and lacerations from sharp objects or working with machinery
Burns caused by exposure to hazardous materials, welding accidents, or other sources of heat
Repetitive stress injuries such as carpal tunnel syndrome and tendonitis caused by repetitive tasks
Back strains from improper posture or lifting techniques
Head injuries caused by falling objects or slipping and falling, including Traumatic Brain Injuries (TBI)
Exposure to hazardous substances, which can lead to serious illnesses such as cancer
What to Do After a Workplace Accident in Naperville,
If you have been injured in a workplace accident in Naperville, it is important to take the following steps:
Seek medical treatment: Get immediate medical care for your injuries. This should be done even if your injuries seem minor or if you don’t think they are serious enough for you to receive treatment.
Report the work accident to your employer: You have a certain period of time (in most cases 45 days) to report any work related injury or illness after it occurs. Your employer will need to complete an incident report and submit it to their workers’ compensation insurance carrier for you to receive benefits to which you are legally entitled.
Contact one of the Naperville workers’ compensation lawyers at The Kryder Law Group, LLC Accident and Injury Lawyers who can help ensure that your rights are respected throughout the claims process and that you receive all of the benefits that you are entitled to.
Do I Need a Lawyer for My Workers’ Compensation Case?
It is in your best interest to consult a Naperville workers’ compensation attorney to:
Evaluate your work injury to determine the best course of action for you to take
Guide you through the intricate bureaucratic process of making a workers’ compensation claim
Make sure that all paperwork is properly filled out and filed on time
Ensure that your rights are protected throughout the claims process
Ensure that you receive all of the benefits to which you are entitled and negotiate with the insurance company on your behalf
Make sure your benefits checks do not stop without warning
What Is a Negligent Third-Party Claim?
A negligent third-party claim is a type of personal injury case that can be filed when an individual or business is responsible for a workplace accident. It allows injured workers to file a personal injury lawsuit against any negligent third parties and seek additional compensation for their losses beyond what workers’ compensation offers.
When your work related injuries are non-economic like pain and suffering, emotional anguish, or post-traumatic stress disorder (PTSD), the only way a skilled attorney can help you recover your losses is by filing a personal injury case.
What Is My Case Worth?
The amount of compensation injured workers can receive for their injuries depends on a variety of factors such as:
the severity of their injuries,
how much money they have lost due to missed work or medical bills, and
whether there are any negligent third parties who can be held liable job related injuries.
Contact a Naperville Workers’ Compensation Lawyer Today
If you have been seriously injured at work in Naperville, The Kryder Law Group, LLC Accident and Injury Lawyers can help. Our experienced Naperville workers’ compensation lawyers will review your case and advise you on how best to proceed with your work injury claim, so that you receive all of the benefits to which you are entitled. Call today for a free case evaluation with a workers’ compensation attorney.