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After you or a loved one is injured on the job, you undoubtedly have many questions about work injury law. To help answer some of the questions you may have, the lawyers at Malman have compiled a list of some of the more commonly asked questions regarding workers’ compensation benefits.

Q: How long do I have to file my workers’ compensation claim?

A: Following your accident, you must file your claim with the Illinois Workers’ Compensation Commission within three years of your accident or two years of your last compensation payment. If your injury occurred over time and not from one definitive incident, you also have three years to file that claim.

Q: How do I go about filing my workers’ compensation claim?

A: To begin your workers’ compensation case after you are hurt on the job, you will need to file a claim with the Illinois Workers’ Compensation Commission. From there, the team will arbitrate and review the case; this means both sides will work together to voluntarily settle the case and, if that doesn’t happen, the Commission will allow an appeal. If both sides cannot settle in the appeal, the case could move to the county circuit court, and, if necessary, the Illinois Appellate and Supreme Court. To represent your case best, you may need to consultant an on-the-job injury lawyer to determine the logistics of your case.

Q: Can I draw unemployment while receiving workers’ compensation?

A: Yes. If while you are filing your workers’ compensation case, you have been or become unemployed and the case is still pending, you may draw unemployment benefits.

Q: Can I draw Social Security disability benefits while receiving workers’ compensation?

A: In some instances. If your injury disabled you from work for more than four months and you think you will be out of work for at least a year, you can file for Social Security disability benefits. An on-the-job injury lawyer can help you establish what plan of action would best suit your case.

Q: What if my loved one was killed during a work-related accident? Who would receive his or her workers’ compensation benefits?

A: If an employee dies on the job, any surviving spouse or children would be first in line to receive benefits. The spouse would have to be legally married to the deceased. The children would need to be under the age of 18, or, if they are enrolled in accredited educational institution, under the age of 25. Mentally or physically inhibited children are also eligible for the benefits.

If the employee does not have a surviving spouse or children, any direct relatives would receive the benefits; however, this would need to be determined on a case-by-case basis, and a work injury lawyer could help with this.

Having to care for your own injuries or those of a loved one as well as deal with worker’s compensation procedures can be daunting and intimidating. Worker’s compensation is a complex and overwhelming process. The nature and details of your individual case may change and complicate the process even more. A worker’s comp lawyer can better assist you in navigating the claim process.

For more information on Worker’s Compensation benefits, review the Illinois Workers’ Compensation Act.

Don’t see the answer to a question you have regarding workers’ compensation law? The lawyers at Malman Law are ready to answer any questions you have. Review our download, or contact us today.

DISCLAIMER: All information on this website is provided for informational purposes only and is not intended to be construed as legal advice. The Law Offices of Malman Law shall not be liable for any errors or inaccuracies contained herein, or any actions taken in reliance thereon. For more information read our full disclaimer.

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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.

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  • 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.

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