Illinois Workers Compensation - Frequently Asked Questions
You had an Illinois work injury. Having an Illinois workers compensation claim can feel overwhelming. Let us ease your concerns.
1. What are my rights?
A. Short answer: Call us! We will explain your rights for free.
B. Remember: Workers comp has an attorney on their side.
2. Is there a time limit for filing a claim?
A. Yes, there is a time limit. Normally, your have three years from the date of your Illinois work injury. However, every case is different and there are exceptions to working around this time limit.
B. If you wait to hire an attorney, you might:
i. Run out of time and lose your rights.
ii. Never receive what you are owed.
iii. Be pushed around by the workers compensation insurance company, receive medical care guided by workers comp, or exhaust your choices of doctors.
iv. Waste your valuable time and money.
3. What are your attorneys fees?
A. We charge a standard fee, per the Illinois Workers Compensation Commission, of 20 percent of whatever we recover for you. This is set by state law. There is no fee unless we collect for you.
B. The first phone call is free. There is no fee for this call. Future fees will be explained before you ever sign any paperwork.
4. If I hire you, what will you do for me?
A. We will:
i. Protect your interests.
ii. Work hard to pursue maximum compensation.
iii. Do all the contact work with the workers compensation insurance company, their attorneys, and anyone else involved in your claim.
iv. Advise you of the best choices for your health and your future.
v. Always be available to guide you.
5. If I call you, will I be put on record?
A. No. The first phone call is free. It is 100 % confidential, only between you and our law firm.
6. What benefits can I receive if I am injured at work?A: An employee who is injured in the course of employment may be entitled to the following:
- 2/3% of lost wages based on your average weekly wage due to disability from the injury, while you are off work
- payment of medical treatment for the injury from a physician of your choice
- payment of permanent scarring and loss of function
- vocational retraining and/or education
- reimbursement of prescriptions
7. If the workers compensation insurance company refused to pay any benefits to which I am entitled, what can I do?
A. A claim can be filed at the Illinois Workers' Compensation Commission where an Arbitrator will rule on your case. The workers compensation laws and regulations are complex and unique and an experienced Chicago workers' compensation attorney can best ensure that you receive all of the benefits allowed under the law.
8. How do I recover lost wages?
Lost wages can often be recovered in three ways:
- Under Illinois law (workers compensation)
- Under federal law (Social Security disability)
- Through a private insurance policy (short- or long-term disability)
If you are injured in an accident or become ill during the course of your employment, you could be entitled to payment of lost wages under the Illinois workers compensation statute. You may also be entitled to payment for your medical treatment and/or the vocational retraining or education that enabled you to return to work.
If you have a disability which has or is expected to prevent you from working for at least one year, you may be entitled to collect monthly Social Security Disability Income (SSDI). Under this federal program, all illnesses and injuries—no matter their source—are considered in determining one's inability to work.
Some individuals have long-term or short-term disability insurance policies. The purpose of all such policies is to make up a percentage of the lost wages resulting due to illness or injury.
Obtaining the benefits to which you are entitled is extremely difficult without the help of an Illinois workers compensation lawyer. In many cases, insurance companies and/or administrative agencies will not make payment voluntarily. It is the job of your Illinois workers’ compensation lawyer to fight for what is rightfully yours.
The information obtained on this site is not, nor is it intended to be, legal advice. You should consult with an attorney for legal advice concerning your individual situation.