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Protecting Chicago Workers: The Basics of Workers' Compensation Laws and Employee Rights

Workers’ compensation laws exist to compensate employees in the event that they are unable to work as a result of a work-related accident or illness. Benefits are paid whether the employee was at fault or not. As an Chicago, Illinois employee you are protected by law against harassment, discrimination or termination resulting because you filed a workers’ compensation claim.

Meyers & Flowers: Chicago's Premier Advocates for Workers' Compensation Justice

In some cases, employers pay some of the required benefits with no dispute, upon being made aware of the accident or illness. Unfortunately, the process is not always so smooth, and obtaining proper compensation requires aggressive legal action.

When looking for the best workers' compensation attorney Chicago has to offer, know that here at Meyers & Flowers we have obtained millions of dollars benefits for our clients over the years.

With our team acting on their behalf, our clients are spared the frustration of dealing with bureaucratic stall tactics that can add years to payment of a claim, delay in medical treatment, or worse yet, result in a permanent denial.

Benefits Denied or Reduced?

At Meyers & Flowers, we have a focused team of attorneys, medical consultants and legal assistants with years of experience in handling Chicago Workers’ Compensation claims and denials. In the vast majority of cases, a dispute will be heard within the Illinois Workers’ Compensation Commission (IWCC).

We understand these denied cases can drag on for years with no resolution unless focused and vigorous action is taken to obtain compensation.

Warehouse worker lying on the ground injured.

Employer and Employee Responsibility

It is the injured or ill employee’s responsibility to report a work accident within 45 days of occurrence, and to report a job related illness as soon as evidence of illness appears. Once notified, the employer is required by law to provide medical care as needed and to notify their insurance carrier of the incident.

If the employee will be unable to work for more than 3 days, the employer must begin weekly payments, provide a written request for additional information before payment will be made, or explain why the claim is being denied.

What does Workers’ Compensation Cover?

Under the Illinois Workers’ Compensation and Occupational Diseases Acts, benefits are provided for:

  • Medical care necessary to cure an illness or repair an injury. This includes emergency medical treatment, surgery, pharmaceuticals, prosthetics, alteration of living space, chiropractic and other related rehabilitative services.
  • Temporary total disability (TTD) benefits while unable to work.
  • Temporary partial disability (TPD) benefits while the employee recovers but is able to work light duty for less pay.
  • Permanent partial disability (PPD) for employees with some permanent disability but who can still work.
  • Permanent total disability (PTD) for employees completely unable to work
  • Vocational rehabilitation.
  • Death benefits for surviving family members.
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Who is responsible for paying medical costs?

Medical costs are required to be paid by the employer.

Compensation for Public Safety Employees

Most Illinois Public Safety employees are covered under the Workers’ Compensation Act and the Public Employees Disability Act. Additionally there may be benefits available under the Illinois Pension Code. There is a complex relationship between these laws and to get maximum benefits, this relationship must be fully understood.

Firefighters, police officers, paramedics and certain other public employees can also obtain compensation from a third party. For example, if a paramedic is injured by an unrestrained dog, compensation could be paid from workers’ compensation and a lawsuit could be filed against the dog owner’s personal insurance.

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Your Best Chance at Obtaining Benefits

If you have been injured on the job, or have become ill due to exposure to hazards related to your work, obtaining benefits to help you through this crisis should be a simple matter, however, this is really the case. When these benefits are challenged by your employer, you need an aggressive focused Chicago attorney who will cut through the administrative process and get your benefits flowing so you can recover from your injury or illness and get back to work.

It can be difficult to work through this process as it is complex with many potential pitfalls. For example, accepting a settlement usually closes a case forever. This could substantially reduce or eliminate your benefits if you later find a related condition to your injury or illness.

Your best chance at securing all of the benefits you are entitled to, is to retain a top Chicago workers' compensation attorney. Call us for an initial no charge consultation to discuss your case. We collect no fees until we win your case.

Top 12 Frequently Asked Workers’ Compensation Questions

Suffering an injury through no fault of your own can take a tremendous toll not only physically, but emotionally. It is important to understand workers’ compensation law in your state to help you get back on your two feet. While money alone cannot fully compensate for pain, emotional stress, or an altered lifestyle, it can help one regain a sense of normalcy. Below are our most frequently asked questions answered by our team of workers’ compensation attorneys. 

What is Workers’ Compensation?

Workers’ compensation laws exist to compensate employees in the event that they are unable to work as a result of a work-related accident or illness. Benefits are paid whether the employee was at fault or not. As a Chicago employee you are protected by law against harassment, discrimination or termination resulting because you filed a workers’ compensation claim.

Do I need an attorney to assist me in the handling of my Workers’ Compensation claim?

In order to protect your rights and continue to provide for your family after a work injury, it is prudent to retain an experienced Workers’ Compensation lawyer in Chicago as early as possible. Retaining an attorney who concentrates in Workers’ Compensation law will help to ensure that you receive the proper benefits to which you are entitled under the Workers’ Compensation Act and to maximize your recovery at the end of your claim. Your employer is under no legal obligation to inform you of your Workers’ Compensation rights or assist you with your claim. In fact, your employer and its insurance company have attorneys representing their interests, not yours. Our experienced Workers’ Compensation attorneys will be happy to help you navigate through this complex system. Contact our firm immediately to schedule a free consultation.

What injuries or illnesses does Workers’ Compensation cover?

Virtually all job-related injuries and illnesses are covered. You will likely be entitled to full Workers’ Compensation benefits even if the accident is determined to be your own fault. Common workplace injuries may include, shoulder, knee, back, foot/ankle, elbow, and hand injuries. Other common workplace injuries involve the eyes, respiratory conditions, and repetitive trauma claims such as carpal tunnel syndrome. Aggravation of a pre-existing condition is also often compensable, but it will likely be difficult to prevail in a claim of that type without the assistance of an experienced Workers’ Compensation attorney.

Do I have to be injured in a specific accident in order to be covered under Workers’ Compensation?

No, you do not have to suffer a specific work accident to be entitled to receive benefits. A high percentage of Workers’ Compensation claims involve injuries caused by highly repetitive physical movement required by your employer. Carpal tunnel syndrome claims are an example of a repetitive trauma injury, wherein there was not one “specific” work accident, but rather a cumulative effect from performing the same repetitive task over and over again at work. Repetitive trauma claims can be highly complex and often disputed by the Workers’ Compensation insurance companies and your employer. Retaining a highly competent attorney to represent you for these types of claims is crucial.

Can I get benefits if I reinjure an old injury?

Yes, you can. The fact that a work accident injures a body part that you had previously suffered an injury to does not bar coverage under the Workers’ Compensation Act. In fact, any new injury that aggravates a pre-existing condition is considered a new case and may result in receiving additional benefits. If you have previously received compensation under the Workers’ Compensation Act for an injury, a credit might be applied to your new injury. You should speak to an experienced Workers’ Compensation attorney to make sure your benefits are properly calculated.

After I complete my medical care, what if I am unable to return to work of any kind?

If this happens, you would be considered to be permanently and totally disabled and you would be entitled to receive permanent total disability benefits for life which are to be paid by your employer.

What if my injury prevents me from returning to my previous trade?

If, based on the injury that you suffered, you are left with permanent work restrictions that prevent you from returning to your previous occupation or trade, you may be entitled to receive wage loss benefits. This would occur if employment within your permanent physical restrictions pays less than your prior occupation or trade. If this happens, you may be entitled to weekly benefits equal to two-thirds (2/3) of the difference between your new wage and what you could earn if you were capable of returning to your previous trade.

Should I cooperate with a nurse case manager assigned by the Workers’ Compensation insurance company?

Generally speaking, the answer is “maybe,” but always with extreme caution. Often times, the Workers’ Compensation insurance company will want to assign a nurse case manager to help monitor your medical treatment and even attend doctor appointments with you. In limited circumstances, this can be mutually beneficial relationship, but only if that nurse case manager works within the guidelines established by your attorney. Therefore, should you be contacted by a nurse case manager requesting medical management of your case, you should contact our office immediately to ensure that your rights and privacy are protected.

Can I lose my job for filling a Workers’ Compensation claim?

No. It is unlawful for your employer to terminate you for exercising your rights under the Workers’ Compensation Act. Should this occur, you must notify your attorney immediately; you may have additional rights under the retaliatory discharge laws of the State of Illinois.

When will my case be over?

How long a Workers’ Compensation case takes depends on the specific circumstances of your claim. The length of a claim can be affected by how long it takes to medically recover from your injury, whether the claim is disputed by the insurance company, whether the claim needs to be heard before an arbitrator or whether the case is appealed following a hearing. However, most Workers’ Compensation cases can be settled by your attorney and the case will close once your signed settlement contracts are approved by an arbitrator at the Illinois Workers’ Compensation Commission.

Should I ever agree to submit to a recorded statement by the insurance company?

No. A recorded statement can be used against you as evidence in a hearing before an arbitrator. A recorded statement could also potentially jeopardize your third-party case. If you are ever requested by an insurance adjuster or investigator to provide a recorded statement, simply refer that person to our law firm for any information needed regarding the circumstances of your work accident.

Should I sign any documents for my employer or their insurance company?

No. Signing any form, no matter how harmless it may seem at the time, could adversely affect your case. If you are asked to sign any forms, those forms should be reviewed carefully by your attorney prior to signing.

Why choose Meyers & Flowers to Represent Your Claim? 

If you have been injured on the job or have become ill due to exposure to hazards related to your work, obtaining benefits to help you through this crisis should be a simple matter, however, this is rarely the case. When these benefits are challenged by your employer, you need an aggressive focused Chicago attorney who will cut through the administrative process and get your benefits flowing so you can recover from your injury or illness and get back to work. 

 If you or a loved one have been injured or sick from a work-related cause, you can rest easy knowing our team of seasoned trial attorneys have access to the top experts and resources to earn your family the compensation you deserve. Contact Meyers & Flowers today to request a free case evaluation at (630) 232-6333, [email protected] or by clicking here.

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