Chicago Workers’ Compensation Attorney

OVER $1 BILLION IN RECOVERIES FOR OUR CLIENTS

Thousands of people are hurt every day on the job, and while many workplace accidents result in only minor injuries, some are much more serious. Workers can be left with serious injuries such as broken bones, disfigurement, and even paralysis.

As a result of their injuries, they may be left unable to work, and therefore unable to pay for the high medical bills and treatment expenses that pile up due to the injury. It was for this reason that workers’ compensation was created. If you have suffered a serious accident one of our Chicago workers’ compensation attorneys at Disparti Law Group Accident & Injury Lawyers can help.

Table of Contents:

What is Workers’ Compensation?

Workers’ compensation is insurance that provides workplace accident victims with the benefits they need to cover their medical bills and any other expenses they may be facing due to their injury. However, dealing with insurance companies is not easy, and not everyone that applies for workers’ compensation receives it.  

Unlike personal injury claims, no one person is being held liable for paying compensation in a workers’ compensation claim. The insurance company pays all benefits regardless of whether the employer was negligent or not. It also does not matter if the employee contributed to the accident that caused their injuries. 

Workers’ compensation is a no-fault program, which means those injured only need to prove that the accident happened during their regular work duties. However, this element may be the hardest to prove, depending on how much the insurance company or an injured worker’s employer tries to contest this fact. A dedicated workers’ comp firm could help injured workers prove that their injury occurred within the scope of their employment.

Rights and Responsibilities of the Employer

Most employers in Chicago are required to carry workers’ compensation insurance according to the Illinois Workers’ Compensation Act. If they fail to do so, they may face criminal penalties and be held personally liable in a civil lawsuit if a workplace injury occurs.  

Employers are also required to: 

  • Post notices and inform employees of their rights 
  • Report accidents that cause an employee to miss more than 3 days of work  
  • Maintain records of any work-related injuries 
  • Report any deaths that work-related within 2 days 

While employers have the responsibility to carry this insurance, they also have the right to determine which healthcare provider injured workers must see after their accident. As a Chicago workplace accident attorney may advise, seeing an unapproved healthcare provider could void any claim an injured worker has. 

Disqualification From Workers’ Compensation

Just as the Workers’ Compensation Act outlines expectations for employers, it also includes detailed guidelines for workers looking to claim workers’ comp for workplace injuries. There are a handful of ways a person can be disqualified for workers’ compensation: 

  • Drug and alcohol impairment at the time of the injury. 
  • Injuries were self-inflicted (i.e. through horseplay or fighting). 
  • Injuries were sustained while the employee was on an unpaid break or not on the job 
  • Injuries were sustained while committing a crime. 

However, these cases can be extremely complicated. If your workers’ comp claim was rejected, like many are, it may be especially important for you to reach out to an experienced workers’ compensation attorney before walking away from the compensation that may rightfully be yours.  

Protecting the Rights of Chicago Workers

workers' compensation attorney, image of sprained wrist writing on workers comp formsMany workers’ compensation claims are denied after an injured worker first applies, and many workers think this means they are not eligible for benefits. However, this is not always the case.  

While all injured workers should speak to a Chicago workers’ compensation attorney right away, it may be after they are denied that said attorney could be most helpful. A skilled lawyer could help injured workers file an appeal with the insurance company and represent them if they need to meet with an arbitrator.   

At Disparti Law Group Accident & Injury Lawyers, we fight hard to protect the rights of Chicago workers. We level the playing field against big insurance companies to get you the compensation you deserve. Do not hesitate to reach out for your free consultation today.  

Industries That Frequently Involve Worker Injuries

While a person can be injured at work in virtually any industry, some jobs are more dangerous than others. A construction worker who builds skyscrapers is likely at a higher risk of being injured at work than someone who can work from the comfort of their home office. 

According to the National Safety Council, industries that have the highest likelihood of workplace injuries include:   

  • transportation and warehousing 
  • construction 
  • education and health services 
  • agriculture, fishing, forestry, and hunting  

What injuries are covered by workers’ compensation in Chicago?

Workers’ compensation provides benefits for a wide range of work-related injuries. These injuries should be documented when filing a claim for workers’ compensation. 

Traumatic Physical Injuries

These are injuries that result from sudden and unexpected events, such as falls, burns, fractures, cuts, and bruises. These types of injuries are usually the easiest to identify and are covered under workers’ compensation if they occur while the employee is performing job-related duties. 

Repetitive Strain Injuries

These injuries develop over time as a result of performing the same task repeatedly, such as typing or using a jackhammer. This can include injuries such as carpal tunnel syndrome, bursitis, and tendinitis. 

Occupational Diseases and Illnesses

These are illnesses that develop as a result of exposure to harmful substances or conditions in the workplace, such as asbestos, lead, or radiation. Examples of occupational diseases covered by workers’ compensation in Illinois include lung disease, hearing loss, and skin disorders. 

Mental Health Conditions

In some cases, workers’ compensation may cover mental health conditions such as post-traumatic stress disorder (PTSD), depression, and anxiety if they result from a work-related incident or ongoing work-related stress. 

Worsening of Pre-existing Conditions

Some injuries may not be caused by work-related activities. But if a pre-existing condition is aggravated or worsened by these activities, an employee may be eligible to claim workers’ compensation. 

It’s important to note that not all injuries are covered by workers’ compensation, and the specific circumstances of each injury will be evaluated on a case-by-case basis. However, if you have suffered any of the above injuries or illnesses as a result of work-related activities in Chicago or any part of Illinois, you should reach out to a workers’ compensation lawyer to determine if you should file (or re-file) your workers’ compensation claim.  

Workers’ Compensation Benefits Available for Injured Workers in Illinois

Sustaining a work-related injury can be devastating in so many ways. Injured workers often face a hefty financial burden from medical bills to lost earnings. In Illinois, workers’ compensation benefits are meant to help lift this burden. Workers’ compensation attorneys can help determine which benefits you deserve following your injury.  

Medical Expenses

This is the most obvious workers’ comp benefit available for those injured at work. If someone is hurt while performing their work activities, they will require medical attention. Unfortunately, even with medical insurance, this can be costly. 

No one should go into debt for treating injuries they sustained from simply doing their job. Workers’ compensation benefits are meant to protect injured employees from this. Keeping records of your medical expenses and being sure to only seek treatment from a healthcare provider approved by your employer will be important when your attorney files your workers’ compensation claim. 

Lost Earnings

If you’ve been injured at work, you may have to miss work for several days, weeks, or even months to recover from these injuries. However, you still need money to pay your mortgage, car insurance, utilities, and any other bills have to live. Not to mention, you need to eat or may need to feed and provide for your family.  

Luckily, temporary partial and total disability benefits through workers’ compensation in Illinois are available for any lost earnings while an employee recovers from their injuries.  

Vocational Rehab Benefits

Typically, medical care covered by workers’ comp is meant to restore a person’s health to what it was before their accident. However, sometimes, additional rehabilitation is required for them to be able to perform the work activities they were able to do before. This is where vocational rehabilitation benefits come in and where hiring an experienced workers’ compensation lawyer can be especially helpful.  

If your employer cannot accommodate the reduction in your ability to perform certain job duties, workers’ compensation benefits may be able to cover your rehabilitation if:  

  1. the injury has resulted in reduced earning capacity and rehabilitation would have a positive effect or impact.  
  2. the injury has resulted in diminished job security  
  3. after the rehabilitation, the employee can be hired successfully.  

Chicago workers’ compensation lawyers are well-versed in the requirements for vocational rehabilitation and it’s best to reach out to one if you feel you may qualify for these workers’ compensation benefits.  

Permanent Partial or Total Disability

Sometimes, a person’s work-related injury or illness is severe and prevents them from completing work functions to the fullest capacity, if at all, indefinitely. Permanent partial disability means that the employee can complete some work duties but not to the fullest capacity. These injuries often include carpal tunnel syndrome, back injuries, vision or hearing loss, and amputations. 

Permanent total disability, however, means that a person’s injuries have left them completely disabled and unable to work in any capacity. The laws and regulations surrounding workers’ compensation for these types of injuries are incredibly complex and insurance companies are notorious for doing everything possible to pay as little as possible. The workers’ compensation lawyers at Disparti Law Group Accident & Injury Lawyers can fight on your behalf and advise you on your legal right.  

** Note: Permanent partial or total disabilities through workers’ compensation insurance should not be confused with permanent partial or total disabilities available through social security disability insurance (SSDI). 

Death Benefits

Most injured employees will survive the work-related accident that caused their injuries. However, the worst-case scenario can happen and a person can succumb to their injuries, leaving behind their loved ones. Fortunately, the Illinois Workers’ Compensation Act accounts for these tragedies by offering death benefits.  

Not only will workers’ comp cover outstanding medical expenses as well as funeral and burial costs, but it also includes weekly payments to the beneficiaries. This is generally in the amount of 2/3 of the deceased’s wages. 

If you’ve lost a loved one in a tragic work accident, having an attorney in your corner can ease your burden and allow you to focus your time and energy on grieving. The financial consequences should not be yours to bear.  

When to Contact a Workers’ Compensation Attorney

As soon as you have been injured in a workplace accident, particularly one resulting in medical expenses and lost wages, you should reach out to a workers’ compensation lawyer as soon as possible. In Illinois, you have 45 days to report an injury or illness after you’ve become aware of it and 3 years to file your claim, so it’s best not to delay. An attorney can walk you through your rights and help you understand whether you should file a claim.  

While workers’ comp is in place to protect workers, these cases can be complicated to understand. Insurance companies will find every way to cut costs. The right attorney will help collect evidence, calculate expenses, and determine possible future costs required for your recovery.  

At Disparti Law Group Accident & Injury Lawyers, our team of Chicago workers’ compensation attorneys knows how to advocate for workers’ rights and interests. Let us help you through the application process.

Larry Wins Workers’ Compensation Cases

With over $1 Billion in recoveries for our clients, Larry Disparti knows how to win!  Plus, there is no fee unless we win your case. Contact our workers’ compensation attorneys today and find out why thousands of our clients say… Larry Wins!  

Chicago Workers Comp Lawyer  (312) 600-6000.  

121 W Wacker Dr Suite 2300, Chicago, IL 60601

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​Put the power of Larry Disparti and the lawyers at the Disparti Law Group Accident & Injury Lawyers to work for you and join the thousands who say… Larry Wins!

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