The Illinois workers’ compensation system is complicated, but understanding your rights is critical to ensuring that you receive benefits for your work-related injury. At Malman Law, we have decades of experience helping injured workers in Chicago successfully file for workers’ compensation.
In Illinois, most businesses are required by law to have workers’ compensation insurance that provides benefits to their employees who suffer work-related injuries. As an employee, you may be entitled to significant financial compensation, and collecting this compensation could be critical to ensuring that you do not suffer the financial consequences of being injured on the job. Workers’ compensation provides no-fault benefits, which means that your employer is required to pay regardless of the cause of the accident (with only limited exceptions).
Trying to understand your rights under workers’ compensation can be confusing, and the process for claiming benefits is even more difficult to follow. As a result, many employees end up losing benefits that they deserved. To avoid costly mistakes, you should have an experienced workers’ compensation lawyer on your side. At Malman Law, we have been helping injured workers in the Chicago area since 1994. We can help to make sure that you receive maximum benefits for your injury.
What Benefits are Available Under Workers’ Compensation in Illinois?
Under Illinois law, injured workers and their families are entitled to receive the following benefits from their employer:
- Medical care that is reasonably necessary to treat or relieve the symptoms of your injury
- Vocational rehabilitation and maintenance benefits for approved programs
- Temporary partial disability if you are only able to perform light-duty work while recovering from your injury
- Temporary total disability if you are unable to work while recovering from your injury
- Permanent partial disability if your injuries caused permanent disability or disfigurement but you are still able to work
- Permanent total disability if you are unable to return to gainful employment
- Death benefits for surviving family members after a fatal work-related accident
Note that these are only the benefits available under the Illinois Workers’ Compensation Act. Certain workers (such as railroad employees) are afforded additional protections, and, depending on what happened, you may also have a personal injury claim against a third party that is responsible for your losses.
What Types of Injuries are Covered by Workers’ Compensation?
If (i) you are injured or become ill at work, (ii) your employer is subject to workers’ compensation (and most Illinois employers are), and (iii) none of the limited exceptions apply (i.e. you were not drunk and did not intentionally injure yourself), you are eligible for workers’ compensation. You can lose this eligibility if you delay or make mistakes with your claim, but as a general rule, as long as these three basic requirements are satisfied, you are entitled to receive workers’ compensation benefits.
This means that workers’ compensation covers all types of work-related injuries and illnesses. You do have to be working at the time of the accident, but the accident does not have to be related to your duties. For example, if you slip on a wet floor in the bathroom at the office, you can file for workers’ compensation. Our workers’ compensation attorneys regularly represent clients who have suffered:
- Auto accident injuries
- Construction site injuries
- Factory and warehouse injuries
- Illnesses caused by exposure to toxic chemicals or asbestos
- Injuries from machinery, equipment, and tools
- Occupational illnesses in hospitals and other medical facilities
- Railroad injuries
- Slip and fall injuries
- Trucking injuries
- Violence-related injuries
Under Illinois law, you are eligible for workers’ compensation from the moment you begin your job.
What Steps do I need to Take to Protect My Claim to Benefits?
If you have suffered a work-related injury, you need to report the incident to your employer. In most cases, you have 45 days to file a report; however, we generally recommend reporting the incident right away. Under revisions to the Illinois Workers’ Compensation Act in 2011, you may be required to see a medical provider selected by your employer. If you see your own doctor, you could give up some of your legal rights. At Malman Law, we can walk you through the process every step of the way.
How do I get Help from Malman Law?
To get help with your Illinois workers’ compensation claim, we invite you to schedule a free, confidential consultation at Malman Law. Our offices are conveniently located in downtown Chicago, but if you are unable to travel as a result of your injury, one of our attorneys will gladly come to you. Call (888) 562-0928 or contact us online to take advantage of our Zero Fee Guarantee and get started with your workers’ compensation claim today.