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 one of our Chicago work injury attorneys today by calling (312) 586-1700.
Why Choose Taxman, Pollock, Murray & Bekkerman for Your Chicago Claim?
- The 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.
- We have a track record of success and have recovered significant multimillion-dollar settlements on behalf of clients throughout Chicago.
- Our attorneys pay attention to detail and are dedicated to serving clients all the way through their entire claim.
- Our goal is to make sure that you can focus on recovering from your injury, not handling the paperwork and communication with other parties.
Chicago Workers’ Compensation Resources
- How Can an Attorney Help Your Claim?
- Workers’ Comp Benefits in Illinois
- How Are Workers’ Comp Cases Valued?
- Most Common Industries for Work Injuries
- What is a Third-Party Work Injury Claim?
How Will an Attorney Help a Workers’ Comp Claim in Chicago, IL?
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 attorney, 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
If your work injury case in Chicago involves a third-party personal injury lawsuit against another party, your attorney will be the one to file the personal injury lawsuit in civil court and prepare your entire case for trial.
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 is a list of available benefits that may be included in your employer’s workers’ compensation plan:
- Payment for reasonable and necessary medical expenses
- Payment for lost wages while the employee is unable to work, also known as TTD benefits
- Compensation for diminished earning capacity
- Compensation for total or partial disability to the body
- Compensation for scarring due to the injury or disease
- Rehabilitation costs and incidental expenses to enable the injured worker to return to employment
- Payments for life if the employee is permanently unable to work
- Payments to a surviving spouse, minor children, or dependents if the injury or disease results in death
- Payment of burial expenses in fatal cases
How Are Chicago Workers’ Compensation Cases Valued?
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.
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 percentage of personal as a whole
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.
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.
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.
Most Common Industries for Work Injuries in Chicago
According to the data available from the Bureau of Labor Statistics (BLS), we can see that there were 2.7 million non-fatal injuries and illnesses amongst private industry employees in the US during the latest reporting year. We need to be clear – every job comes with risks. It does not matter whether you construct high rises or work in a “safe” office job, you can sustain an injury that leads to major medical bills and time away from work. There are, however, some industries that pose more risks than others.
Data presented by the National Safety Council (NSC) indicates that the following four industries could be ranked as the most dangerous in 2019:
- Construction. Approximately 20% of all workplace fatalities each year in the US occur in the construction industry.
- Government. Those who work for government entities experience the most non-fatal injuries and illnesses involving missed workdays.
- Agriculture, forestry, fishing and hunting. These industries experienced the highest death rate per 100,000 workers.
- Transportation and warehousing. These industries experienced the highest injury and illness rate for days away from work, per 10,000 workers.
These industries are certainly not the only ones that pose significant risks for workers across this country and here in Chicago. Some industries pose relatively unique risks, such as falls from a high rise (construction). However, there are some universal risks amongst all types of jobs. For example, anyone can sustain an injury as a result of a slip and fall accident, no matter where they work. A liquid spill is a hazard regardless of where it occurs.
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.
Contact a 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 Chicago work injury lawyers 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 clicking here or calling us at (312) 586-1700.