About Midwest Injury Lawyers
At Midwest Injury Lawyers, we believe that everyone deserves access to skilled, aggressive legal representation.
Our purpose is three-pronged:
- Provide the best legal representation possible, no matter the circumstances
- Help our clients receive the best medical care
- Never allow an insurance company to take advantage of our clients
Our experienced attorneys work tirelessly to get claimants the financial recovery they deserve for their damages. Whether you are facing a workplace illness or have suffered an injury on the job, we are here to help you. Our Chicago workers’ compensation attorneys will fight for your rights.
Common Causes of Chicago Workplace Injuries
The workforce in the Chicago area is growing, including in hospitality, professional services, education, healthcare, manufacturing, transportation, construction, and other industries. These jobs are critical for our city and for families to cover their bills. Unfortunately, many jobs also carry the risk of various workplace injuries. While some industries are riskier than others, injuries and illnesses can happen in any type of work environment.
According to the National Safety Council (NSC), someone in the United States suffers an injury every seven seconds while performing their job duties. Workplace accidents and illnesses can turn your life upside down in many ways. One day you are in a routine, going to work and making ends meet. The next day, you can’t physically go to work or perform your job, and your paychecks halt.
Overexertion and bodily reaction, slip and falls, and contact with objects and equipment are America’s top three most common causes of workplace injuries. Together, they account for more than 84 percent of all nonfatal injuries that result in days away from work.
Other common workplace injuries include:
- Falls from heights
- Defective equipment or parts
- Exposures to toxic substances
- Occupational diseases caused by things such as exposure to toxic hazards or repetitive strain
Far too often, injured workers receive a wrongful denial of benefits and are unaware of their rights. If you suffer a work-related injury or illness, contact our Chicago workers’ compensation attorneys as soon as possible. They can assist you in taking all the necessary steps to seek compensation. In some cases, you might also file a personal injury claim.
Steps to Take After a Workplace Injury or Illness
Report Your Injury
The Illinois Workers’ Compensation Act gives you have 45 days from the date you suffered an injury to notify your employer. You may report your injuries verbally; however, written notice is preferable as it provides evidence of the notification.
Get Medical Care
Seek medical treatment from a licensed physician as soon as possible after your injury. Call an ambulance or go to your nearest emergency department if it is an emergency. Even if you don’t feel like you suffered an injury or that your injury isn’t that big of a deal, see a doctor anyway. It’s possible you have serious injuries but aren’t feeling pain due to the effects of adrenaline. For some injuries, symptoms don’t develop right away.
Collect Evidence
Any evidence from the accident scene will help your attorneys investigate and prove your claim. Take pictures and videos of the scene or any equipment involved. You can ask your coworkers to help if you can’t do this. Ask witnesses to write down their statements. You should also write your account of what happened as soon as possible. By hiring our Chicago workers’ compensation attorneys, you can ensure that you take all the proper steps and do not miss any critical deadlines.
Proving a Workers’ Compensation Claim
Employees who file workers’ compensation claims must prove their claim is valid by establishing: They were an employee on the date of the accident or incident that caused an illness They suffered an injury or disease because of their employment Their injury arose from or was made worse by the incident They notified their employer within the correct time limits Additionally, if their injury is from everyday activities or movement, such as with repetitive use injuries like carpal tunnel syndrome, they are at greater risk of injury than the public. If the employee proves all of these, they will receive some benefits. However, the employer can still argue other points to devalue their claim, such as: The extent of the employee’s injury The employee’s average weekly income amount The medical necessity of treatment Special rules may apply in some occupations and health conditions, making our lawyers’ input into your case even more necessary.
What Do Illinois Workers’ Comp Benefits Include?
Injured workers can receive several benefits under workers’ compensation law. For example, if a workers’ compensation-approved doctor prescribes the treatment, you should receive the medical expense benefits necessary to treat your injury. Suppose you can’t return to your regular job due to your injuries. In that case, you can also receive help finding new employment, including vocational counseling and job placement services.
If you cannot work due to your workplace injury or illness, you can seek disability benefits, including:
- Temporary total disability benefits apply if you need time off work to recover from your work-related injury. Unless your injury keeps you from working for more than 14 days, you won’t receive these benefits for the first three days off.
- Permanent impairment benefits apply if your medical treatment is complete, but you will have a lasting medical condition or have lost functioning due to your injury.
- Permanent total disability benefits apply if you have a permanent disability that will keep you from doing any work, even at a sedentary job.
Can Your Employer Fire You for Filing a Workers’ Comp Claim?
Under the Americans With Disabilities Act of 1990, some larger employers must hold your job for you for a certain amount of time if you suffer an injury or become ill. Illinois law also bars an employer from retaliating in any way against an employee for pursuing their legal rights, including seeking legal help or filing a workers’ comp claim.
Illinois law also prohibits employers from retaliating against an employee who has:
- Made a good faith claim for worker compensation
- Met with or hired Chicago workers’ compensation lawyers to represent their claim
- Filed a workers’ comp claim against the employer’s insurer
- Testified or plans to testify in an administrative proceeding concerning a claim for workers’ compensation
Even still, nothing in Illinois law prohibits an employer from firing an employee after a workplace injury or illness. As long as your termination is not in retaliation for consulting an attorney, getting medical treatment, or filing for benefits under the law, the employer is within their rights and can terminate you for other non-retaliatory reasons.
Illinois courts have ruled it’s within an employer’s rights to let an employee go if they aren’t physically capable of performing the necessary job duties of their position. As such, many employers fire injured employees and find healthy replacements who do not have health limitations or physical restrictions.
It can be difficult to distinguish a lawful firing from unlawful retaliation. If you feel your employer wrongfully terminated in retaliation for filing a workers’ comp claim, reach out for legal help as soon as possible to learn more about your rights.
Schedule a FREE case consultation
Chicago Workers’ Comp FAQs
Employers, with very few exceptions, must offer workers’ compensation coverage. For example, sole proprietors don’t employ anyone and do not need to purchase this insurance for themselves.
An insurance company will rarely offer a fair first workers’ compensation settlement. After everything they have been through physically and financially, many injured workers accept this offer as they are desperate for a quick financial boost. However, when an employee receives a settlement offer from the workers’ comp insurance company, they have the option to negotiate the terms and the amount.
Generally, if the employee accepts the first settlement offer they receive, it’s much less than if they counter for a higher settlement amount. Even a single attempt at negotiating a higher settlement can make a huge difference. Negotiating can cause the insurance company to increase its payout amount significantly.
You deserve fair compensation for your workplace injury or illness-related medical expenses, lost income, and legal fees. Unfortunately, fair compensation isn’t typically the priority of the insurance company. Receiving what you should for your claim might require some negotiations, which are best handled by our Chicago workers’ compensation attorneys.
The workers’ compensation system is a no-fault system. You can’t hold your employer liable for your injuries, and in most cases, they can’t blame you for your injuries. As such, you cannot file a personal injury claim against your employer. However, in some workplace accidents, other parties outside of your employer can be liable in civil courts.
Even though you can’t file a legal claim against your employer, there may be third parties who negligently contributed to your injury or illness. For instance, defective supplies or equipment might have caused your injury, and the manufacturer might be to blame. It’s also possible that your employer hired negligent contractors.
For instance:
- If your accident involved a tool or a piece of machinery, you can file a claim against the product’s manufacturer. Sometimes a product is defective, which leads to a workplace accident and the resulting injuries.
- If your accident involved another party other than your employer or coworkers, you might file a claim against that party. Suppose your employer uses contract employees or contracts with other companies. In that case, your Chicago workers’ compensation lawyers can file a claim against them.
You should discuss your workplace injury with our knowledgeable Chicago workers’ compensation attorneys as soon as possible to determine your best course of action. You may file a lawsuit against a third party and receive workers’ compensation from your employer.
Did You Suffer a Workplace Injury or Illness? Contact Midwest Injury Lawyers Today
At Midwest Injury Lawyers, we’ve seen the devastating impacts of workplace injuries. We know that employees who suffer work-related injuries and illnesses deserve medical care and compensation for their lost income. Reach out to a Chicago personal injury lawyer. Whether you suffered a minor injury that kept you from work for a few days or a catastrophic injury and will never return to work, we fight for these rights. Contact us today at (312) 786-5881 or online for your complimentary consultation.
Remember, you may file a workers’ compensation claim and a claim against a third party. Either way, our skilled workers’ compensation attorneys can assist with your claim so that you can maximize your compensation. The sooner you have us on your side, the more successful your claim.
Client Testimonial
“We are so happy with our decision to utilize the services of Midwest Injury Lawyers. They were so kind and kept us informed and educated on our options to make the best decision for our family.” -Leah C. ⭐⭐⭐⭐⭐
Read more of our Google reviews.
Midwest Injury Lawyers – Chicago Office
155 N Upper Wacker Drive, Suite 4250
Chicago, IL 60606
P: (312) 786-5881
A Word from our Work Injury Attorney
Receiving maximum compensation for workplace injuries requires knowledge of workers’ compensation law, as well as the ability to identify any negligent third parties who may share some responsibility for causing an injury. It is crucial to get advice from an attorney who understands how to obtain quick and sufficient compensation for a workplace injury.
– Chester L. Cameron
Request a Free Consultation
Tell our experienced team about your accident and/or injuries. One of our personal injury attorneys will contact you to schedule a free case evaluation. Remember: you won’t pay for anything unless we secure a compensation on your behalf.
Call (312) 786-5881 or send us a message online to get started.