Illinois Workers’ Compensation Act Lawyer
In the before times, the Illinois Workers’ Compensation Law, like most other similar state laws, sped no-fault benefits to injured workers, so these victims could quickly get back on the job. Today, a bloated bureaucracy dominated by insurance company interests controls this procedure. So, delays and denials in an area like a work-related burn injury are part of the process. Moreover, over the years, lawmakers have added numerous exceptions to this law.
The tough-minded Illinois Workers’ Compensation Act lawyers at Connolly Injury Law fight for you, and not for an insurance company’s profits. We are dedicated to the simple principle that life is better for both workers and employers when employees show up, work hard, and get paid a fair wage. If a job injury gets you down, our Illinois Workers’ Compensation Act lawyers are there to pick you up.
Workers’ Compensation Benefits and Procedure
The road to fair compensation for a serious job-related injury is often long and winding. It helps if injured Chicago workers keep their eyes on the prize.
This prize is twofold. Workers’ compensation benefits usually include lost wage replacement and medical bill payment. Injured victims need not prove fault in a workers’ compensation claim. They must only show that the illness or injury was work related.
If a job injury causes a temporary disability, workers’ compensation usually pays two-thirds of the victim’s average weekly wage for the duration of that disability or for five years, whichever comes first. The medical bill payment benefit includes much more than emergency care. It also includes things like follow-up medical visits and physical therapy sessions.
The Illinois Workers’ Compensation Law usually requires victims to report their illness or injury within forty-five days. This requirement is sometimes an issue in occupational disease claims, like hearing loss. Most people don’t run to a doctor when they must turn up the TV volume. Fortunately, a variation of the delayed discovery rule usually extends the claims deadline in these situations.
As mentioned, setbacks are the norm in the workers’ compensation process. Usually, Claims Examiners initially deny claims, at least in part. By doing so, they hope frustrated workers settle their claims for pennies on the dollar or abandon them completely. A denial doesn’t mean your claim is meritless or weak. It simply means that our professional team must step up their game.
We are up to the challenge. We respond to a denial by demanding a full hearing before an administrative law judge. This aggressive move usually puts insurance company lawyers on their heels, so it’s easier to obtain a favorable out-of-court settlement. That’s especially true if the evidence is in order.
Civil Injury Claims
If employees are violating a company policy while they are injured, workers’ compensation usually does not apply. There are a handful of other statutory exemptions as well. Furthermore, if the employer was not insured, workers’ compensation does not pay.
These victims still have legal options, such as filing a civil claim for damages. These victims are entitled to additional compensation for their pain and suffering or other noneconomic losses. The tradeoff is that these claims are also more complex. Most victims must prove negligence, or a lack of care. However, in many cases, employers cannot use some key negligence defenses, such as comparative fault and assumption of the risk.
Connect with a Tenacious Cook County Workers’ Compensation Lawyer
Job-related injury victims are entitled to significant compensation. For a free consultation with an experienced Illinois Workers’ Compensation Law attorney in Chicago, contact Connolly Injury Law. Attorneys can connect victims with doctors, even if they have no insurance or money.