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Berwyn Workers’ Compensation Lawyer
If you were hurt on the job in Berwyn or the surrounding Chicago area, you may feel overwhelmed right now. Medical bills are piling up. You might be missing work. And your employer or their insurance company may not be making things easy. The good news is that Illinois law gives you real rights, and a qualified Chicago personal injury lawyer at Briskman Briskman & Greenberg can help you use them.
Table of Contents
- What Is Workers’ Compensation in Illinois?
- What Benefits Can You Receive After a Work Injury Near Berwyn?
- Time Limits and Deadlines You Cannot Afford to Miss
- How Illinois Law Handles Attorney Fees in Workers’ Comp Cases
- Why Berwyn Workers Choose Briskman Briskman & Greenberg
- FAQs About Berwyn Workers’ Compensation
What Is Workers’ Compensation in Illinois?
Workers’ compensation is a state-run system that protects employees who get hurt at work. In Illinois, it is governed by the Workers’ Compensation Act, 820 ILCS 305. Workers’ compensation was established as a no-fault system, based on the theory that the cost of work-related injuries or illnesses should be part of the cost of the product or service. That means you do not have to prove your employer was careless. You just need to show that your injury happened while you were doing your job.
Employees hired, injured, or whose employment is in Illinois are protected by the Illinois Workers’ Compensation Act. So whether you work at a warehouse near the Stevenson Expressway, a factory off Cermak Road in Berwyn, or a construction site near the Chicago Sanitary and Ship Canal, the law covers you.
Illinois employers pay for workers’ compensation benefits through insurance policies or by becoming self-insured. Cases are first heard by arbitrators, whose decisions may be appealed to commissioners. Cases may then proceed to the Circuit Court, Illinois Appellate Court, and, if leave is granted, the Illinois Supreme Court. Most cases, though, are resolved before they ever reach a courtroom. Having a skilled Chicago workers compensation attorney in your corner makes a big difference at every stage of this process.
Illinois also requires employers to carry workers’ compensation insurance. If an employer knowingly fails to do so, they lose the protections the Act provides them. Under 820 ILCS 305, an investigator with the Department of Insurance may issue a citation to any employer not in compliance, with fines ranging from no less than $500 to no more than $10,000. Workers injured by an uninsured employer can also file a claim with the Illinois Workers’ Compensation Commission and may be eligible for benefits through the state’s Injured Workers’ Benefit Fund.
What Benefits Can You Receive After a Work Injury Near Berwyn?
One of the first questions injured workers ask is, “What am I actually entitled to?” Illinois law provides several types of benefits, and understanding them helps you know what to fight for.
Temporary Total Disability (TTD) benefits cover a portion of your lost wages while you recover and cannot work. Under Illinois law, TTD benefits are calculated at two-thirds of your average weekly wage. Every six months, the Illinois Department of Employment Security publishes the statewide average weekly wage (SAWW), which sets the maximum and minimum weekly benefit levels for workers’ compensation.
Your average weekly wage itself is calculated under Section 10 of the Workers’ Compensation Act (820 ILCS 305/10). The law bases compensation on your actual earnings during the 52 weeks before your injury, divided by 52. Overtime and bonuses are excluded. If you missed five or more calendar days during that period, those days are subtracted from the calculation. If you worked for the employer for less than 52 weeks, your earnings are divided by the actual weeks you worked.
Beyond TTD, you may also be entitled to Permanent Partial Disability (PPD) benefits if your injury leaves you with a lasting impairment. Medical benefits cover all reasonable and necessary treatment related to your injury, including doctor visits, surgery, physical therapy, and prescription medications. In the most serious cases, Permanent Total Disability (PTD) benefits are available for workers who can never return to any type of work.
Workers in industries common to the Berwyn and Chicago area, including manufacturing, transportation, healthcare, and construction, face a wide range of injuries. From back injuries sustained lifting heavy equipment to repetitive stress injuries from assembly line work, the workers compensation attorney team at Briskman Briskman & Greenberg understands what it takes to build a strong claim.
Time Limits and Deadlines You Cannot Afford to Miss
Illinois workers’ compensation claims have strict deadlines, and missing them can cost you your right to any benefits at all. This is not something to take lightly.
First, you need to notify your employer about your injury. Generally, you must notify the employer as soon as practicable, but no later than 45 days after the accident. Any delay in the notice to the employer can delay the payment of benefits. You can give notice orally or in writing, but written notice is always better because it creates a record.
After notifying your employer, you have a limited window to file a formal claim. You must file within three years after the date of the accident or two years after the last compensation payment, whichever is later. That sounds like a long time, but it goes fast, especially if you are dealing with medical treatment and recovery.
Generally, an employee who fails to file a claim within the time limits loses his or her right to claim. Once that window closes, there is very little that can be done to revive your case. Do not wait to find out whether your situation qualifies. The sooner you speak with a workers compensation attorneys team, the better your chances of protecting your rights.
There is also an important distinction for occupational disease claims. Under the Workers’ Occupational Diseases Act (820 ILCS 310), the period of limitation begins from the date of disablement, not the date of the accident. This matters for workers who develop conditions over time, like hearing loss, respiratory disease, or repetitive motion injuries. If you work in a noisy industrial area near the Burlington Northern Santa Fe rail yards or a facility along the I-290 corridor, and you have developed a health condition tied to your job, you may have a claim worth pursuing.
How Illinois Law Handles Attorney Fees in Workers’ Comp Cases
Many injured workers worry about the cost of hiring a lawyer. That is completely understandable. When you are already out of work and facing medical bills, the last thing you want is another expense. Here is the good news: workers’ compensation attorney fees in Illinois are strictly regulated by law.
Under both the Workers’ Compensation Act (820 ILCS 305) and the Workers’ Occupational Diseases Act (820 ILCS 310), attorney fees in death cases, total disability cases, and partial disability cases cannot exceed 20% of the sum that would be due for 364 weeks of permanent total disability, based on the employee’s average gross weekly wage prior to the accident. The Illinois Workers’ Compensation Commission must approve all fee contracts.
The law also protects you from being charged fees in certain situations. No attorney fees can be charged for compensation related to undisputed medical expenses. No fees can be charged on temporary total disability payments unless the employer refused to pay, paid the wrong amount, or terminated payments and an attorney had to step in to restore them.
All fee contracts must be in writing on forms approved by the Commission, and every attorney must file that contract with the Commission’s chairman. This system is designed to make sure injured workers keep as much of their recovery as possible. At Briskman Briskman & Greenberg, we work on a contingency basis, which means you pay nothing unless we recover for you. You can reach out to our workers compensation attorneys team today with no upfront cost or obligation.
Why Berwyn Workers Choose Briskman Briskman & Greenberg
Berwyn sits just west of Chicago, bordered by Cicero to the north and Riverside to the south. Many Berwyn residents commute into Chicago for work, traveling along the Eisenhower Expressway or the Pink Line. Others work locally in healthcare at MacNeal Hospital, in retail along Cermak Road, or in manufacturing and trades throughout Cook County. No matter where you work, a job injury can turn your life upside down.
When that happens, you need a law firm that knows Illinois workers’ compensation law inside and out, and that takes your case personally. Briskman Briskman & Greenberg has been helping injured workers throughout the Chicago area for decades. We know how the Illinois Workers’ Compensation Commission works. We know how to deal with insurance companies that try to minimize or deny valid claims. And we know what it takes to get you the full benefits you are entitled to under Illinois law.
The Illinois Workers’ Compensation Commission resolves claims made by injured workers for injuries arising out of and in the course of employment, and strives to assure financial protection for injured workers and their dependents at a fair cost to employers. Our job is to make sure that protection actually reaches you.
Whether your case involves a construction accident near the Berwyn Metra station, a warehouse injury along the Stevenson Expressway, or a repetitive stress injury from years of work in a local facility, we are ready to help. Our workers compensation lawyer team handles cases throughout Illinois and knows how to build the strongest possible claim on your behalf. Contact Briskman Briskman & Greenberg today for a free consultation. You have nothing to lose and everything to gain.
FAQs About Berwyn Workers’ Compensation
Do I have to prove my employer was negligent to get workers’ compensation benefits in Illinois?
No. Illinois workers’ compensation is a no-fault system. You do not need to show that your employer did anything wrong. You only need to show that your injury happened while you were performing your job duties. This applies whether you slipped on a wet floor, were injured by equipment, or developed an illness related to your work environment.
What should I do immediately after a workplace injury in Berwyn?
Report your injury to your employer as soon as possible. Illinois law requires you to notify your employer no later than 45 days after the accident. Seek medical attention right away, keep records of all treatment, and avoid signing any documents from your employer’s insurance company before speaking with an attorney. The steps you take right after an injury can significantly affect your claim.
Can my employer fire me for filing a workers’ compensation claim in Illinois?
Illinois law prohibits employers from retaliating against employees for filing a workers’ compensation claim. If your employer fires you, demotes you, or cuts your hours because you filed or plan to file a claim, that is illegal retaliation. You may have a separate legal claim against your employer in addition to your workers’ compensation case. An attorney can help you understand your options.
What if my employer does not have workers’ compensation insurance?
Illinois law requires nearly all employers to carry workers’ compensation insurance. If your employer failed to do so, you are not left without options. You can file a claim directly with the Illinois Workers’ Compensation Commission. The state’s Injured Workers’ Benefit Fund exists specifically to pay benefits to workers whose employers failed to carry coverage. The uninsured employer also faces fines and potential civil liability under Illinois law.
How long does a workers’ compensation case take in Illinois?
The timeline varies depending on the facts of your case. Some cases are resolved through settlement within a few months. Others that involve disputed liability or serious injuries may take a year or more. Cases that go through the full arbitration process at the Illinois Workers’ Compensation Commission and are then appealed can take several years. Having an experienced attorney managing your case helps move things along and avoids costly mistakes that can cause delays.
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