News & Blog

News & Blog

Should I File a Workers’ Compensation Claim or a Personal Injury Claim?

If you have been injured on the job in Chicago, you may be entitled to workers’ compensation benefits. However, you may also have a personal injury claim; and, unlike workers’ compensation benefits, personal injury damages are not limited by law. So, should you file a workers’ compensation claim or a personal injury claim? Can you file both? Here’s what you need to know: 1. Limitations on Workers’ Compensation Benefits Under Illinois Law The reason why injured workers need to consider filing personal injury claims is that workers’ compensation benefits do not cover all of the costs associated with job-related injuries. In Illinois, workers’ compensation covers: Medical expenses related to your on-the-job injury; Partial wage-replacement benefits (referred to as “partial disability” or “total disability”); and, Vocational rehabilitation if you need help in order to return to work. Workers’ compensation does not cover 100 percent of your lost wages. It also does not cover pain and suffering, emotional trauma, or any of the types of non-financial losses that can be recovered in a personal injury lawsuit. As a result, before you decide to rely solely on workers’ compensation, it is critical that you speak with an attorney about your legal rights. 2. Employer Immunity from Personal Injury Lawsuits While Illinois’ “no-fault” workers’ compensation law requires employers to provide benefits for the vast majority of work-related injuries, it also provides employers with immunity from employees’ personal injury lawsuits. This means that, if you are eligible for workers’ compensation, you cannot file a personal […]

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5 Reasons to Hire a Lawyer for Your Workers’ Compensation Claim

If you have been injured at work, you may be entitled to workers’ compensation benefits. But, this does not mean that collecting benefits will be easy. Employers and their insurance companies routinely deny employees’ claims for benefits; and, to make sure you are treated fairly, the best thing you can do is hire an attorney who is experienced in handling workers’ compensation claims. How exactly can an attorney help? 1. Preserving Your Legal Rights While the workers’ compensation system is designed to make it easier for injured workers to collect benefits, there are still several steps you need to take in order to preserve your legal rights. From seeing the right doctors to meeting the deadlines that apply to your claim for compensation, an experienced attorney will be able to help you avoid common mistakes that could jeopardize your benefits. 2. Calculating Your Total Losses Under Illinois law, workers’ compensation benefits cover injured workers’ medical expenses and a portion of their lost wages. The amount you are entitled to recover will depend on a variety of factors that are unique to you, and you need to avoid letting your employer’s insurance company decide how much it is going to pay. 3. Preventing Unjust Denial or Reduction of Benefits Unfortunately, insurance companies often try to take advantage of injured workers who are unrepresented. Hiring an attorney will help ensure that your employer’s insurance company treats you fairly and does not attempt to unjustly deny or reduce your benefits. 4. Filing an […]

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5 Most Common Causes of Construction-Related Injuries

Working in construction is one of Illinois’ most dangerous occupations. Each year, nearly four percent of all construction workers in the state suffer work-related injuries. As a construction worker who has been injured on the job, it is important to have a clear understanding of your legal rights. You may be entitled to workers’ compensation benefits and personal injury damages; but, to collect any compensation at all, you need to avoid critical mistakes that could prevent you from asserting a successful claim. Recovering Full Financial Compensation for Injuries from Construction Accidents While workers’ compensation covers most construction-related accidents, in order to seek full compensation for your injuries (workers’ compensation only provides medical coverage and partial wage replacement benefits), you need to be able to prove that someone else was at fault in the accident. The following are the five most common causes of fatal construction-related injuries as reported by the U.S. Occupational Safety and Health Administration (OSHA), and they are all causes for which full financial compensation will often be available: 1. Motor Vehicle Collisions According to OSHA, motor vehicle collisions are the leading cause of fatal accidents among construction workers. Data from the Illinois Workers’ Compensation Commission also indicate that collisions are the leading cause of work-related deaths in the state, and they are the fourth-leading cause of non-fatal injuries in Illinois. Whether a collision occurs on a construction site or on a public road, if a careless driver or a vehicle defect is to blame, victims of the […]

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Illinois Workers’ Compensation Statistics

Each year, the Illinois Workers’ Compensation Commission (the “Commission”) publishes detailed statistics on workplace injuries and injured workers’ claims for benefits. According to the Commission’s most-recent report published in 2017, “Each year in Illinois, approximately 200,000 work-related accidents occur . . . [However, fewer] than 45,000 claims are filed with the Commission.” This means that most workers’ compensation claims are resolved without the Commission’s involvement, although it also reflects the fact that many injured employees fail to claim the benefits they deserve. The Commission’s report includes some other notable data as well. Here are some of the most noteworthy statistics for injured workers in Chicago: 1. Close to 90 Percent of All Workers’ Compensation Claims Settle Of the approximately 45,000 workers’ compensation claims filed in Illinois each year, roughly 40,000 result in settlements, and just 5,000 result in denials at arbitration. In other words, even when an employer or its insurance company initially denies an employee’s claim, once the employee files a claim with the Commission, the employee still receives a settlement more than 88 percent of the time. 2. 50 Percent of Employees Who are Denied Benefits File an Appeal Approximately half of all employees who are denied benefits in arbitration file an appeal. Of these appeals, roughly 1,000 result in decisions, 400 result in settlements, and just 100 result in denials. 3. More than One Third of All Workers’ Compensation Claims are Filed in Chicago Of the approximately 45,000 workers’ compensation claims filed in Illinois each year, more […]

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Workplace Injuries Due to Safety Violations: What are Your Rights?

Each year, the U.S. Occupational Safety and Health Administration (OSHA) cites thousands of employers for workplace safety violations. State authorities (including the Illinois Department of Labor) take action against employers across the country who put their workers at risk as well. Unfortunately, these safety violations often result in serious injuries and occupational illnesses, and many workers are never able to fully-recover from the effects of their injuries and diseases. If you have been injured in the workplace, contact a skilled Chicago work injury lawyer right away to discuss your legal options. What are your rights if you suffer harm due to a workplace safety violation? In short, it depends. If your employer was at fault, your remedies may be limited to claiming workers’ compensation benefits. Under Illinois’s workers’ compensation system, employees typically cannot sue their employers for job-related injuries and illnesses. However, there are exceptions to this general rule; and, if a third-party is to blame for your medical condition (or if you are not eligible for workers’ compensation), you may be able to seek full compensation for your injury or illness resulting from a workplace safety violation. 10 Most Common “Serious” Workplace Safety Violations According to OSHA’s data, companies commit tens of thousands of “serious” safety violations each year. This includes thousands of repeat violations. OSHA defines a serious violation as, “one in which there is substantial probability that death or serious physical harm could result, and the employer knew or should have known of the hazard.” The 10 […]

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