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Workers’ Compensation

Malman Law. Premier Personal Injury Attorneys

Injury Attorney Steven J. Malman

Workers Compensation Attorney in Chicago, IL

At Malman Law, our experienced Illinois workers’ compensation attorneys understand that filing claims can be a tricky and confusing process. For a variety of reasons, many injured employees don’t think to file for damages sustained at work. Or if they do file, they are often forced to compromise for a much lower amount than what they are entitled to. Understanding your rights is crucial, and our experienced work accident attorneys can help you do that.

Employers and insurance companies both hope you don’t know enough to file a proper claim. After all, they have no incentive whatsoever to pay you for the time you need off of work, for your medical bills, and other costs incurred from an on-the-job injury. That is not to imply that claims adjusters are mean, terrible people – but we do want to illustrate to you that your financial hardships are not a great concern for them.

You need an advocate that is acting in your best interest. Our Chicago work injury lawyers have been successfully dealing with less-than-faithful insurance companies, unhelpful employers, and others since 1994. We are passionate about the rights of injured workers, and we have made it our life’s work to secure compensation for individuals going up against large corporations. We have expert knowledge of the law. We have represented thousands of cases since we began our firm, and we have a great deal of positive verdicts under our belts. Our adept Illinois workers comp lawyers make sure that you receive the money you need to move past your injury and begin working again.

Frequently Asked Questions (FAQs)

1) What does Workers’ Compensation cover?

Workers’ Compensation covers work-related injuries or occupational illnesses. “Work-related” means that the injury arose in whole or in part from your job. Your malady doesn’t have to have been caused by your occupation in order for you to qualify for coverage – in fact, you may qualify even if your work simply aggravates a pre-existing injury that was not work-related.

Most employees working in the state of Illinois qualify for Workers’ Compensation, and if you are covered, your coverage begins on your first day of work. Since Workers’ Compensation benefits are typically paid regardless of fault, it is relatively unlikely that you will become embroiled in a dispute over “whose fault it was.”

Although Workers’ Compensation is a national program, certain rules do vary from state to state. In Illinois, Workers’ Compensation is governed by the Illinois Workers’ Compensation Act.

2) What benefits can I receive from Workers’ Compensation?

If you qualify for Workers’ Compensation benefits, you can receive:

  • Remedial medical treatment
  • Temporary Total Disability (TTD) payments designed to provide you with living wages while you are off the job due to your injury
  • Temporary Partial Disability to supplement your income if you are reduced to part-time status due to your injury
  • Permanent Partial Disability (PPD) and Permanent Total Disability (PTD) benefits to compensate you for long-term disability
  • Vocational rehab benefits if your injury forces you to undergo vocational rehabilitation
  • Death benefits for qualified survivors if you do not survive your accident or illness

3) What should I do if I suffer an injury or illness that I believe is covered by Workers’ Compensation?

If you sustain an injury or illness that you believe qualifies for Workers’ Compensation benefits, you should:

  • Inform your employer in writing of the time, date, and nature of your injury within 45 days of its occurrence (an oral notice is legally sufficient but not ideal). Don’t provide any unnecessary information or sign any documents presented to you by your employer.
  • If your employer chooses to deny your claim rather than commencing the payment of benefits, demand a written explanation for the refusal if your employer does not voluntarily provide you with one.
  • If your employer denies or ignores your claim, retain a Workers’ Compensation attorney and have him help you file an Application for Adjustment of Claim and a Proof of Service with the Illinois Workers’ Compensation Commission. There is no filing fee required for these documents. The Commission will assign an arbitrator to your claim.
  • Contact the Commission to request a trial if your employer persists in his or her denial of your claim or if your benefits are not forthcoming for any reason.
  • Attend the trial and prove your claim before the arbitrator. You may be represented by an attorney. The burden of proof is on you to prove that your claim is valid. If you win the case, the arbitrator will issue a binding order to your employer to pay your benefits.

Remember that it is illegal for your employer to fire you, penalize you, or harass you for exercising your Workers’ Compensation rights.

4) Does a statute of limitations apply to Workers’ Compensation Claims?

The Illinois Workers’ Compensation statute of limitations is different from the general Illinois personal injury statute of limitations. You must file for Workers’ Compensation benefits within three years of the accident or onset of the illness that  gave rise to the claim (versus only two years under ordinary Illinois personal injury law), within three years of the date of death if you are applying for survivor’s benefits or, if you are disputing the early termination of benefits, within two years of the date that you last received benefits. If your claim involves a repetitive injury, the calculation of the deadline will become complex and may require the assistance of a Workers’ Compensation attorney.

5) Should I settle my claim?

It depends on the circumstances. Since settling your claim almost always means that you will be entitled to no further benefits arising from the same accident or injury, it is best to consult with your attorney before signing any settlement agreement.  If you have not filed a claim yet, be careful not to allow your employer to trick you into missing the statute of limitations deadline for filing a claim by promising a settlement and then subjecting you to endless unexpected delays.

Contact Chicago’s Workers’ Compensation Attorney

Contact the Workers’ Compensation lawyers of Malman Law at (312) 629-0099 or 1-888-MALMAN LAW (625-6265). You can also request a free case evaluation today.

Firm Awards & Recognitions

Steven Malman was selected to the list. The list is issued by the American Institute of Legal Counsel. A description of the selection methodology can be found at

  • Steven Malman was selected to the list. The list is issued by the National Academy of Personal Injury Attorneys. A description of the selection methodology can be found at

  • Steven Malman was selected to the list for 2018-2019.

  • Only the top 100 trial lawyers from each state or highly-populated regions of certain states who are actively practicing in civil plaintiff and/or criminal defense law are eligible for invitation. Invitees must demonstrate superior qualifications, leadership skills, and trial results as a legal professional. The selection process for this elite honor is based on a multi-phase process based upon objective and uniformly applied criteria which includes peer nominations combined with third party research.

    Prospective members of The NTL are carefully screened prior to receiving an invitation for membership.

  • Top Attorneys Diamond Member

  • Top Attorneys of North America 2019-2020

  • The American Institute of Trial Lawyers is an invitation only professional organization composed of premier trial attorneys from each state. These attorneys exemplify the very best qualities and qualifications of an attorney. Each attorney must meet stringent qualifications as a civil or criminal trial attorney. These attorneys practice in a variety of fields to help and promote the ethical and elite practice of law. Selection is based on a thorough multi phase process which includes peer nominations and third party research. Each member must be in good standing with their local compliance organization. Membership is extended to only a select few in each state and/or region.

  • As the founder of Steven J. Malman and Associates, P.C., Attorney Steven Malman has 21 years of experience handling personal injury, nursing home, medical malpractice, premises liability, construction and workers’ compensation cases. Mr. Malman is one of Chicago’s leading authorities on personal injury law and has taken a special interest in defending the elderly from neglect and abuse. He has personally handled over 10,000 cases successfully, and collected hundreds of millions dollars for his clients.

Client Review

  • "I'm very pleased to recommend Malman Law to my friends and relatives! I have to mention how efficient and professional in dealing with my case has been with everyone that I've been in contact with at Malman Law. Mrs. Sabo is outstanding as well as her secretary and assistant in responding quickly to any of my questions or concerns. This firm has gone above and beyond to keep me updated and get answers to my questions at any time, weekends included! Malman Law rules in my opinion! "

    - Cheryl Wagemann
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