Yearly Archives: 2018

If you have suffered a work-related injury or illness in Chicago, there is a good chance that you are entitled to workers’ compensation. Illinois law requires most employers to carry workers’ compensation insurance, and most employees are eligible for benefits under their employers’ policies. As a covered employee in Illinois, you have the legal right to claim workers’ compensation. Since this is your legal right, your employer cannot fire you for filing a claim. What if a Co-Worker Lost Her Job After Filing for Workers’ Compensation? If you know someone who lost her job after filing for workers’ compensation, this could mean one of two things. Either (i) your employer terminated her improperly, or (ii) she was lawfully terminated for reasons unrelated to her claim for benefits. Under no circumstances can an employer terminate an employee because he or she filed for workers’ compensation benefits. This is considered retaliation, and it is illegal under Illinois and federal law. Retaliating against an employee who files for workers’ compensation is a very serious matter, and it can subject employers to liability above and beyond payment of workers’ compensation. However, filing for workers’ compensation does not protect employees from termination for unrelated reasons. If your coworker was terminated for cause or as part of a reduction in force, her termination may have been lawful. Can I Be Demoted or Have My Hours Cut if I File for Workers’ Compensation? No, these are illegal forms of retaliation as well. If you experience any adverse […]

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When you get injured at work, you only have a limited amount of time to file a claim for financial compensation. While the Illinois Workers’ Compensation Act provides important protections for employees who suffer job-related injuries, it also establishes strict rules that employees need to follow, and failure to follow these rules (including the time limit to file a claim) can cost injured workers their claims for benefits. Two Deadlines for Workers’ Compensation Claims in Illinois In Illinois, there are two deadlines that injured workers need to meet in order to maintain their workers’ compensation benefits eligibility. These are: (i) the deadline to report the injury, and (ii) the deadline to file a claim for benefits. 1. Deadline to Report Your Injury When you get injured at work, you must report your injury to your employer within 45 days of the accident. You should report your injury in writing, and your employer may have a form for you to complete under company policy. Your supervisor or human resources (HR) liaison should be able to help you, and if you face any resistance with regard to reporting your injury you should speak with an attorney promptly. If you are suffering from an occupational illness rather than a job-related injury, this 45-day deadline does not apply. In the case of a job-related illness, you must notify your employer “as soon as practicable after [you] become[] aware of the condition.” 2. Deadline to File a Claim for Benefits Reporting your injury or illness […]

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When seeking to recover your losses from a job-related injury, calculating the costs of your injury is a key step in the recovery process. Until you know what you have lost (and what you will lose in the future), you simply will not be able to make informed decisions about protecting your legal rights. In Illinois, workers’ compensation only covers a portion of the costs of a job-related injury. As a result, if you were hurt at work, it will be important to find out if you can file a personal injury claim in addition to filing a claim for workers’ compensation benefits. In most cases involving common workplace injuries, the costs injured workers can recover include the following: Costs Covered by Workers’ Compensation 1. Medical Expenses Workers’ compensation benefits include coverage for all necessary medical expenses resulting from your on-the-job injury. This includes emergency medical treatment as well as ongoing treatment and therapy. 2. Partial Wage Replacement Disability benefits provide partial coverage for your loss of income while you are unable to work due to your injury. For most workers, this amounts to two thirds of their weekly wage, subject to a statutory maximum. 3. Vocational Rehabilitation or Retraining If you need rehabilitation or retaining in order to return to work, these costs should be covered by your workers’ compensation benefits as well. Costs Not Covered by Workers’ Compensation 1. Full Wage Replacement If you are like most people, two thirds of your normal income is not enough. If […]

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Construction site accidents are among the leading causes of job-related injuries. In Chicago and other major cities across the country, construction workers in all trades and occupations face health and safety risks on a daily basis, and these risks frequently lead to traumatic injuries that require extensive medical treatment and a long-term recovery. 7 Important Considerations for Protecting Your Rights as an Injured Construction Worker If you have been injured on a construction site in Chicago, you may be entitled to workers’ compensation benefits. You may also have a claim for personal injury damages. Regardless of what happened and how much you may be entitled to recover, here are seven important considerations for protecting your legal rights: 1. What were you doing when you were injured? Were you using a ladder? Were you using a hand tool, power tool or piece of heavy equipment or machinery? Were you eating lunch? Workers’ compensation is a “no-fault” system; but, if a faulty ladder or piece of equipment caused your injury, you may be entitled to an additional financial recovery. 2. Was anyone else involved in the accident? If someone else was involved in the accident, you may have a claim for full compensation against his or her employer. Contractors, subcontractors, delivery truck drivers, and others are routinely liable for construction site accidents. 3. Did any of your coworkers witness the accident? The more evidence that is available, the better. If any of your coworkers witnessed the accident and can confirm your version […]

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If you have been injured on the job in Chicago, you need to find a way to cover your expenses while making sure you can get back to work as quickly and safely as possible. For many employees, this means filing a claim for workers’ compensation benefits. You can use workers’ compensation to cover your medical expenses and a portion of your lost wages; and, since workers’ compensation is a “no-fault” system in Illinois, you can file for benefits regardless of the cause of your injury (with only very limited exceptions). If you believe that you may be eligible for workers’ compensation benefits, you can use this checklist to help ensure that you receive the full benefits you deserve: 1. Write Down the Date and Details of the Accident Remembering the date of your accident is critical to determining both: (i) how long you have to report the accident to your employer, and (ii) how long you have to file a claim for workers’ compensation benefits. Write down the date of the accident, write down as many details you can remember, and be sure to keep any photos you took of the accident scene or your injuries. 2. Report the Accident to Your Employer While you have up to 45 days from the date of the accident to inform your employer of your injury, you should not wait any longer than necessary to file a report. 3. Find Out if Your Employer has a Preferred Provider Program (PPP) If your […]

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