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Chicago Workers’ Compensation Lawyers
Workers’ compensation is a form of insurance that provides a safety net for employees who suffer a workplace injury or illness. Under the Illinois Workers’ Compensation Act, individuals who are hurt on the job can receive several types of financial support to cover their medical expenses, lost earnings and other costs. Unlike a personal injury claim, workers can qualify for benefits regardless of being at fault for a work-related accident. However, they cannot recover compensation for damages typically awarded in a personal injury lawsuit.
If You Have Been Injured at Work in Illinois, You Are Not Alone
Thousands of Illinois Employees Suffer Illnesses or Injuries in the Workplace Each Year
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Workplace injuries in Illinois
Over 100,000 workplace accidents occur in Illinois each year. According to the U.S. Bureau of Labor Statistics, Illinois reported 112,500 non-fatal private sector injuries and illnesses in 2022. Of these, 73,500 caused employees to miss work or require a job transfer or restriction. Such serious injury cases are referred to as DART cases. Seventy percent of reported incidents in Illinois are DART cases, which is slightly above the national average of 67 percent.
Two supersectors, trade, transportation, and utilities, and education and health services, accounted for 62 percent of occupational injuries and illnesses in Illinois. These industries account for 41 percent of all Illinois private industry employment.
The state and local government sector recorded 21,000 nonfatal worker illnesses and injuries in 2022. Skin ailments, respiratory conditions and hearing loss were the most common, accounting for over 39 percent of illnesses in the state.
Fatal Workplace Injuries and Illnesses
According to the U.S. Bureau of Labor Statistics, there were 5,486 fatal workplace injuries nationwide in 2022, marking a 5.7 percent rise from the previous year. The majority of work-related deaths in Illinois involved transportation accidents, followed by contact with equipment and objects.
The construction and transportation industries typically have the highest numbers of workplace injuries resulting in death. In 2022, 37.7 percent of workplace deaths occurred due to transportation incidents. Other leading causes were slip and fall accidents, being struck by objects or equipment, and toxic chemical exposure.
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Employers have a legal duty to provide workers’ compensation
Workers’ compensation aims to give injured employees financial support as quickly as possible without the need to establish fault or file lawsuits. The Illinois Workers’ Compensation Act protects employees from losing their livelihood because of a job-related accident.
A workers’ compensation claim is paid when the employer and their insurance company agree that an employee suffered an illness or injury that was a direct result of their job. Unfortunately, workers’ compensation claims are not always straightforward. Although Illinois uses a no-fault workers’ compensation system, many employers and insurance companies still make it very hard for injured employees to obtain the benefits they deserve to cover medical bills and other expenses after a workplace accident. This is why having a reliable lawyer is so important. The Chicago workers’ compensation attorneys at Briskman Briskman & Greenberg understand the devastating impact a work-related injury can have on you and your loved ones. We are here to help you obtain the maximum financial support available.
Remember, filing a workers’ compensation claim should not affect your relationship with your employer nor should it cause you to lose your job. It is illegal for your employer to fire you in retaliation for getting injured at work or seeking workers’ compensation for a job-related injury or illness.
Some workers feel that they may be ineligible for workers’ compensation because they were partly at fault for their injuries. However, it is still possible to receive benefits in most cases. There are exceptions, such as if a worker suffered an accident because of being intoxicated on the job.
Types of workers’ compensation benefits available to injured workers
There are several different types of benefits that employees in Chicago and other parts of Illinois are entitled to under workers’ compensation laws. Depending on the severity and the nature of the injuries that an employee experiences, the benefits cover everything from medical treatment and lost income to vocational rehabilitation and permanent disability. The compensation is available during the recovery period and may continue into the future if permanent disabilities are involved.
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Common injuries covered under Illinois workers’ compensation laws
Workers’ compensation laws cover many different workplace injuries and illnesses. Injuries can include sprains, fractures, bruises, traumatic brain injuries, spinal cord injuries, chemical and electric burns, amputations and more. At Briskman Briskman & Greenberg, we handle all types of work-related injury cases that range from what are considered minor illnesses to life-altering disabilities.
On-the-job injuries can occur in a variety of circumstances. For example, an employee may get hurt while using machinery, come into contact with hazardous chemicals, or fall off a ladder at a construction site. Negligence of other employees, supervisors or subcontractors can also lead to injuries. Below are some workplace injuries that are commonly reported in Chicago and around Illinois:
Common reported injuries
Repetitive stress injuries
These are common in workplaces where employees are required to perform the same motion repeatedly. While carpal tunnel syndrome tends to occur in office settings, repetitive stress injuries are also reported among other workers, too. For instance, shelf stockers may suffer chronic back pain after years of lifting heavy boxes.
Occupational illnesses
This category covers diseases that arise from hazardous work environments or workplace exposures. Some common occupational illnesses are hearing loss, respiratory diseases, skin conditions and toxic chemical poisoning. Such cases can be complex as many illnesses develop over time, unlike obvious physical injuries. An illness can be considered work-related if an employee’s existing health condition is significantly worsened by workplace conditions and is directly connected to their employment. Remember, having a pre-existing condition does not automatically make you ineligible for workers’ compensation.
Physical injuries
There are so many types of physical injuries that can occur in the workplace. Depending on the working environment, these could range from cuts and burns to falls and traumatic head injuries. For instance, construction workers may be at risk of electrocution or injuries from equipment mishaps, while a waiter may slip on a puddle on the restaurant floor. Employees can also get hurt in explosions or fires, as well as attacks by animals or people in their workplace.
Work injuries during chicago winters
Immediately After an Injury
If you get hurt at work, you may be in pain and feeling distressed or scared. Because workers’ compensation cases are time-sensitive, what you do in the aftermath of a workplace incident will determine whether you have a successful benefits claim or not.
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Illinois workers' compensation Is your employer's duty
The workers’ compensation process begins when you are injured, as your employer is required to report all workplace injuries. When we take legal action, it’s not against your employer. It’s against your employer’s workers compensation insurance company. All we want is to get the insurance company to do what they are supposed to — provide you the financial support you need after a workplace accident.
When seeking workers compensation, many people are concerned with the impact the claim will have on their relationship with their employer. It should have no impact. Employers cannot legally fire you for filing a workers’ compensation claim. The law is clear that they cannot retaliate against you in any way, or you will have the right to take legal action against them.
Worker’s Compensation and Third Party Liability Claims
In many cases, workers’ compensation is not the only avenue of obtaining financial support. If an accident also involved a third party, you may also be able to seek compensation from the negligent party in a personal injury lawsuit.
Why do I need a workers’ compensation lawyer?
Filing a workers's compensation claim involves many steps that need to be followed closely. There are also strict time limits for filing claims.
Many factors determine the amount of workers’ compensation an injured employee will receive, such as the type of injury and how severe it is. While proving fault is not necessary when filing a workers’ compensation claim, you will have to demonstrate that you are injured, the injury was work-related, and that you are partially or fully disabled.
Unfortunately, filing a claim is not always a simple matter as employers and insurance companies do not always hold up their end of the bargain. Employers may dispute various details like the seriousness of an injury or the likelihood of it disrupting a worker’s ability to perform the essential tasks of their job. Like other insurers, workers’ compensation insurance companies may challenge your right to obtain benefits as they want to pay as little as possible.
Seeking legal help from an experienced Chicago workers’ compensation attorney is the best way to ensure you get the compensation you deserve. With Briskman Briskman & Greenberg by your side, you never have to worry about jeopardizing your claim for benefits. You can focus on recovering from your illness or injury while we take care of the rest. Our workers’ compensation lawyers are committed to getting you the maximum benefits you are owed.
How Briskman Briskman & Greenberg can help you
If you have been injured on the job in Chicago and throughout Illinois, contact our team of experienced, trusted workers’ compensation lawyers. Tell us what happened and about the seriousness of your injuries. Whether you are struggling with the filing process or your claim has been denied, we are here to help.
Call Briskman Briskman & Greenberg today to schedule your free consultation. There is no cost to speak to an attorney about your workers’ compensation case and have your questions answered.
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