Since 2001, we have helped tens of thousands of injured Illinois workers with their workers’ compensation claims. Call us for a free consultation for all of Illinois at 312-346-5320.
Illinois workers’ compensation law for the most part is really great for injured workers. Our state provides the best benefits around and there are no caps on benefits like other states have. We have helped so many people over the years find an elite lawyer to represent them and protect their interests. Here are ten things we think you should know about Illinois work comp law.
- It’s a no fault law. That means you do not have to prove your employer was negligent to receive benefits. You also can get benefits if you were negligent (e.g. you were driving your truck and rear ended someone).
- Eligibility for work comp starts the second your job begins. You are covered whether you work full time or part time. You are covered whether you are with a big company or small company. You are covered even when on probation or if you are a temp worker. The only workers we can’t help are Federal employees and Chicago police/fire workers who have their own set of laws. Everyone else we can help.
- Employers will often try to get around Illinois work comp laws by falsely labeling a worker as a 1099 independent contractor. If they treat you like an employee and have control over you, we can still get you work comp benefits. Examples of control are telling you where to go, what to do, not letting you work for anyone else, not letting you turn down work and providing you with the equipment to do the job.
- Although they sometimes seem nice and that they are following the law, work comp insurance companies are ruthless and not looking out for you. They are always looking for ways to cut off or deny your benefits.
- Some things an insurance company will do to fight you include asking you to give a recorded statement (you don’t have to give one and shouldn’t), conducting surveillance on you, sending you to an IME (doctor of their choosing) and assigning a nurse case manger to your case. That nurse will often interfere with your care and illegally talk to your doctor about your health.
- Almost every case has settlement value. The bigger the injury, the more your case is likely worth. Insurance companies aren’t required to offer you a settlement and often only do when it’s in their best interests. That said, a good lawyer can get you what your case is worth either through negotiation or arbitration. If you have suffered a significant wage loss or can’t work, your case is likely worth many hundreds of thousands of dollars.
- Workers comp payments are tax free. This includes both your settlement as well as the weekly payments you should receive called temporary total disability or TTD.
- What your case is worth depends on a lot of things including what part of your body is injured; what medical care you received; your wages; do you have permanent restrictions; how old are you; what subjective complaints do you still have?
- Attorney fees are capped at 20% of what you recover. In almost every case we are involved in, we only take 20% of the settlement, nothing off your weekly checks or medical bills. And in almost every case you will get more money with a lawyer even after the fee is included.
- The best advice we can give if you get hurt at work is to get to a doctor ASAP and follow their recommendations. Avoid the company doctors if you can. Also, know that even if you don’t have health insurance, workers comp is supposed to pay for 100% of your medical bills. So don’t let a lack of insurance stop you from getting treatment. Often workers who are legitimately injured lose their case because they wait too long to see a doctor.
If you were hurt on the job, we’d love to help you and promise to treat you like a family member or friend. We cover all of Illinois. Contact us any time at 312-346-5320.
