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Workers Compensation FAQ from Chicago’s Experienced Attorneys

Contact the dedicated workers’ comp lawyers of Malman Law.

What is workers’ compensation?

Worker’s Compensation is a system of benefits provided by law to most workers who have job-related injuries or diseases. These benefits are paid regardless of fault. The amount of the benefits is limited by law.

What benefits are paid under workers’ compensation?

In most cases, worker’s compensation benefits are paid for accidental injuries that are caused, in whole or in part, by the employee’s work. In addition, if a work accident aggravates a pre-existing condition, you are entitled to receive benefits under the Illinois Workers’ Compensation and Occupational Diseases Acts.

How long do employees have to file workers’ compensation benefits?

For accidental injuries, within 45 days after the accident. For occupational diseases and repetitive injuries, the employee must notify the employer as soon as practicable after he or she becomes aware of the condition. A delay in notifying the employer can result in a delay in the payment of benefits.

Can an employee be fired for filing a workers’ compensation claim?

No. Employees cannot lose their jobs for filing workers’ compensation cases. It is against the law for an employer to discharge, harass and/or fire or refuse to rehire or discriminate in any way against an employee who files a workers’ compensation case. Such conduct by the employer may entitle the injured employee to bring a separate suit for damages.

Can the employee choose his/her own treating doctor or hospital?

Yes. An employee may choose any doctor or hospital at the employer’s expense. You should inform your employer in writing of the name and address of the doctor or hospital chosen.

Can the employer ask for an evaluation by its own physician?

Yes. If the employee claims to be entitled to benefits and the employer asks for an examination by a doctor of its choice, the employee must undergo the examination at a reasonable time and place. The employer must pay for this examination. In addition, the employer must pay, in advance, sufficient money to defray travel expenses. If the employee loses time from work, the employer must provide reimbursement for lost wages.

Are workers’ compensation payments subject to income tax?

No. Workers’ compensation payments are not subject to state or federal income tax.

Does an employee have to give a recorded statement to the employer?

The employee is not required and should never give a recorded statement. If you choose to give a recorded statement, the employer may use it against you.

What if an employee cannot return to the same occupation after an injury or exposure and cannot earn as much money?

Employees who cannot return to the same occupation after the work-related injury or disease are entitled to receive a wage differential. The wage differential is two-thirds of the difference between the amount the employee would otherwise be earning in the full performance of his job if the accident had not occurred, and the amount he or she is able to earn after the injury.

How is the attorney compensated?

The attorney’s fee is limited to 20% of the amount of compensation recovered, unless the Commission allows additional fees after a hearing.

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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