Chicago Workers’ Compensation Attorney

In Illinois, employees who are injured on the job have the right to high-quality and fully paid medical care for a work-related injury. An injured worker can receive Illinois workers’ compensation benefits if they are injured in Illinois, hired in Illinois, or their employment is principally located in Illinois.

If you work for an out-of-state company and are injured, you may be able to pursue Illinois benefits even if your employer or their insurance company tells you otherwise. Speak with a Chicago workers’ compensation lawyer from our law firm today to discuss your legal options – (312) 586-1700

Why Choose Our Firm for Your Chicago Workers’ Compensation Claim?

• Decades of experience. The Chicago personal injury attorneys at our law firm have decades of experience representing clients who have sustained a wide range of injuries, and we know how to handle workplace injury claims.
• High record of success: We have a track record of success and have recovered significant multimillion-dollar settlements on behalf of clients throughout Chicago.
• Attention to detail: Our attorneys pay attention to detail and are dedicated to serving clients all the way through their entire claim.
• We take care of you: Our goal is to make sure that you can focus on recovering from your injury, not handling the paperwork and communication with other parties.

An Overview of Workers’ Compensation Benefits in Illinois

Illinois state law requires employers, or their insurance company, to compensate the injured employee for injuries or death that may occur while working. Almost everyone working in Illinois is covered by workers’ compensation. It is crucial to understand that workers’ compensation in Chicago is considered a no-fault insurance system. This means that a worker will receive compensation regardless of who caused the injury.

The following are examples of available benefits that may be included in your employer’s workers’ compensation plan:

Lost Earnings Benefits

When you suffer a workplace injury that leaves you unable to work, one of the most pressing concerns is how you will cover your expenses during recovery. Lost earnings benefits, also referred to as temporary total disability (TTD) benefits, are designed to alleviate this financial burden.

Under the Illinois workers’ compensation law 820 ILCS 305/8, employees who are unable to work for more than three days due to a job-related injury are entitled to receive TTD benefits. These benefits typically amount to two-thirds of your average weekly wage, subject to minimum and maximum limits set by the Illinois Workers’ Compensation Commission. Payments continue until you are medically cleared to return to work or reach maximum medical improvement (MMI).

Accurate documentation of your pre-injury wages and any missed workdays is crucial for securing your lost earnings benefits. A skilled workers’ compensation attorney with Taxman, Pollock, Murray & Bekkerman, LLC can ensure that your employer’s insurance company calculates these benefits correctly and advocates for your full compensation if disputes arise.

Permanent Partial Disability Benefits

If your workplace injury results in long-term limitations but does not completely prevent you from working, you may qualify for Permanent Partial Disability (PPD) benefits. These benefits compensate injured workers for the lasting impact of their injuries, even if they can still perform some job duties. Illinois law provides several methods for calculating PPD benefits, depending on the severity and nature of the injury:

• Scheduled injuries – Compensation is based on a predetermined number of weeks for injuries to specific body parts.
• Wage differential – Workers may receive two-thirds of the difference between their pre-injury wages and their current reduced earnings.
• Percentage of person as a whole – Compensation is calculated based on how the injury affects your overall ability to work and perform daily activities.

PPD benefits often require thorough medical evaluations and detailed evidence of how the injury impacts your life. Your committed workers’ compensation attorney in Chicago can help you address these calculations and fight for the fair compensation you deserve.

Permanent Total Disability Benefits

In cases where a workplace injury prevents you from returning to any type of gainful employment, you may be eligible for Permanent Total Disability (PTD) benefits. These benefits are reserved for employees who suffer catastrophic injuries, such as the loss of both arms, both legs, or the complete inability to work.

According to the Illinois workers’ compensation statute, PTD benefits typically equal two-thirds of your average weekly wage and may be paid for the rest of your life. These payments are critical for supporting injured workers who face lifelong medical needs and lost earning capacity. Securing PTD benefits often involves proving the severity of your condition and demonstrating that no reasonable accommodations can allow you to return to work.

Vocation Rehabilitation Benefits

For workers who cannot return to their previous jobs due to permanent limitations, vocational rehabilitation benefits can provide essential support. These benefits help injured employees transition into new roles by covering the costs of retraining, education, or job placement services. Vocational rehabilitation services in Illinois may include:

• Tuition and fees for educational programs to acquire new skills.
• On-the-job training for a different role within your current industry.
• Job placement assistance to find employment compatible with your physical abilities.

Employers and their insurance companies are required to provide these services when appropriate under 820 ILCS 305/8(a). If your employer resists offering vocational rehabilitation benefits, a workers’ compensation attorney can advocate for your right to meaningful re-employment support.

Death Benefits

In the tragic event of a fatal workplace injury, death benefits provide financial assistance to the surviving family members of the deceased worker. Illinois law requires employers to compensate dependents for the loss of income and other associated expenses. Death benefits under Illinois workers’ compensation law include:

• Weekly payments – Dependents receive two-thirds of the deceased worker’s average weekly wage, up to a maximum amount.
• Burial expenses – Employers must cover funeral and burial costs, capped at $8,000.
• Dependency benefits – Payments continue for minor children, a surviving spouse, or other dependents for a designated period or until children reach adulthood.

If you lost a loved one due to a work injury, you may be able to file a wrongful death claim. Our Chicago wrongful death lawyer can listen to the circumstances surrounding your situation and discuss your potential options for legal recourse.

Medical Benefits

Workers’ compensation in Illinois guarantees coverage for all reasonable and necessary medical expenses related to a workplace injury. These benefits ensure that employees receive the care they need to recover without financial strain. Covered medical expenses may include:

• Doctor visits, diagnostic tests, and surgical procedures.
• Physical therapy and rehabilitation services.
• Prescription medications and medical devices, such as prosthetics.

Injured workers are also allowed to choose their own doctor within certain parameters. If your employer’s insurance company denies coverage for necessary treatment, our team can help you challenge their denial and fight for the care you deserve.

What to Do if You Were Injured on the Job in Chicago

Knowing what steps to take after a workplace injury can significantly impact the success of your workers’ compensation claim. Acting quickly and following the proper procedures ensures you preserve your right to benefits. If you’ve been injured on the job in Chicago, here’s what to do:

1. Report the injury to your employer immediately – Notify your supervisor or employer in writing as soon as possible, as Illinois law requires notification within 45 days of the injury as described by the Illinois Workers’ Compensation Act.
2. Seek medical attention – Visit an authorized medical provider to document the extent of your injuries and begin treatment.
3. File a claim – Submit a workers’ compensation claim with your employer’s insurance company, ensuring all required documentation is included.
4. Consult a personal injury attorney – A workers’ compensation lawyer in Chicago can review your case, figure out how to best approach any disputes, and help you protect your rights.

How Are Chicago Workers’ Compensation Cases Calculated?

It is important to understand how Chicago workers’ compensation claims are valued, but we want to stress the importance of working with a skilled attorney who can help you determine whether or not you are receiving a fair compensation amount. As we discuss of these cases are valued, please understand that each claim is different, and this is not a concrete guide to your particular claim. 

Scheduled Injuries Compensation

Under Illinois law, workers’ compensation will pay a maximum number of weeks for various body parts that are injured. You can find a complete list of all scheduled injuries listed by clicking here.  

Using the scheduled injury method, an injured worker will determine their total compensation by taking 60% of their average weekly wage and multiplying that by the number of weeks allotted for their particular body part that sustained an injury. 

For example, suppose we look at the chart linked above for an injury to the index finger. If an employee is paid $600 a week, they would receive 60% of that pay for up to 43 total weeks. This comes to $360 multiplied by 43, to equal a total of $15,480. 

Loss of Person as a Whole Compensation

If an injured worker loses the ability to perform a task that they were able to perform before the injury occurred, then the calculation will be done differently. We would take the 60% of the average weekly wage and multiply this by 500, which equals the total number of weeks they will receive compensation for. If someone made $600 a week, we would take 60% of that ($360) multiplied by 500 to reach a total of $180,000. 

Wage Differential Compensation

If an employee sustains an injury that forces them to accept a new form of employment that results in them receiving less income, they would be entitled to two-thirds of the difference between their higher wage and the new lower wage. 

Disfigurement Damages Compensation

If it is determined that an employee has been disfigured due to an on-the-job injury (defined as a serious and permanent change to their appearance), then they will be able to receive additional compensation. The employer and employee will negotiate the total number of weeks to be paid (not to exceed 162 weeks). This number will then be multiplied by 60% of the worker’s average weekly wage. 

Industries That Have Special Worker Protection Laws

Certain industries in Illinois are subject to additional worker protection laws due to their inherently hazardous nature. These laws provide enhanced safety standards and benefits for employees facing higher risks. Industries with special worker protections include:

• Construction – Additional regulations under OSHA and Illinois state law govern safety measures on job sites, including fall prevention and equipment maintenance.
• Healthcare – Protections for healthcare workers include policies addressing workplace violence, infection control, and ergonomic hazards.
• Agriculture – Workers in this industry benefit from specific safety standards for operating heavy machinery and exposure to pesticides.
• Transportation and warehousing – Federal and state regulations address vehicle safety, cargo handling, and warehouse ergonomics to prevent injuries.

What is a Third-Party Work Injury Claim?

The vast majority of workplace injury claims are handled through settlement with workers’ compensation insurance carriers. In fact, individuals are typically barred from filing a personal injury lawsuit against an employer or coworker. However, if a third party caused the workplace injury, it may be possible for the worker to file a personal injury lawsuit to recover additional types of compensation.

We see third-party work injury claims in various situations, including when injuries occur due to a defective tool or product. These lawsuits can also occur as a result of dangerous property conditions arising due to a third-party property owner.

When a third-party lawsuit becomes viable, this allows the case to enter the civil court, and the injury victim may be able to recover compensation for their medical bills, all lost wages, and their pain and suffering losses.

If your work injury case in Chicago involves a third-party personal injury lawsuit against another party, a Chicago work injury lawyer will be the one to file the personal injury lawsuit in civil court and prepare your entire case for trial. 

Case Results We’ve Secured For Our Clients

$67 Million

Awarded for a client who suffered burn injuries in a grain bin explosion.

$21 Million

Verdict for an ironworker whose arm was severed by a 550 lb. steel beam falling from a crane on a construction site.

$18.6 Million

Awarded to a Chicago construction worker who suffered a traumatic brain injury after falling from defective construction equipment.

View All Results

How Can Our Chicago Workers’ Compensation Attorney Help Your Claim?

Handling an Illinois workers’ compensation claim can be challenging, and even intimidating. This is particularly true when going up against an employer or insurance carrier that either refuses to offer fair compensation or denies the claim altogether. When you work with a skilled Chicago workers’ compensation lawyer, you will have an advocate by your side who can handle the entire process on your behalf. This includes:

• Investigating the incident and gathering the evidence needed to prove liability
• Immediately taking over communication with the other parties involved
• Negotiating with insurance carriers and the employer to recover fair compensation
• Handling the entire official appeals process for you
• Representing you at the appeals trial 

Contact Our Chicago Workers’ Compensation Attorney Today

If you or somebody you love has sustained a workplace injury and are struggling to recover compensation, you need to turn to an attorney as soon as possible. At Taxman, Pollock, Murray & Bekkerman, LLC, our workers’ comp lawyers in Chicago have extensive experience handling complex workers’ compensation claims and third-party personal injury lawsuits. We will use our resources to investigate your case, determine liability, and help you recover full compensation for your losses. You can reach out to us by filling out our online form or calling us at (312) 586-1700.

Our Chicago Office