Our Lawyers
Aurora, IL Workers’ Compensation Lawyer
If you were hurt on the job in Aurora, IL, you have real legal rights under Illinois law. Whether you work in a warehouse near the Fox River, on a construction site along I-88, or in one of the many manufacturing plants in the Kane County area, a work injury can turn your life upside down fast. Medical bills pile up. You may miss weeks of work. And your employer’s insurance company is already working to limit what you receive. That is exactly why having an experienced Chicago personal injury lawyer in your corner matters so much. At Briskman Briskman & Greenberg, we help injured workers across the Chicago metro area, including Aurora and the surrounding communities, fight for the full benefits they deserve.
Table of Contents
- What Is Workers’ Compensation in Illinois?
- Common Work Injuries in the Aurora, IL Area
- What Benefits Can Aurora Workers Receive?
- How the Illinois Workers’ Compensation Commission Handles Your Claim
- Why Aurora Workers Choose Briskman Briskman & Greenberg
- FAQs About Aurora, IL Workers’ Compensation
What Is Workers’ Compensation in Illinois?
Illinois workers’ compensation is a system designed to protect you when you get hurt at work. The law that governs it is the Illinois Workers’ Compensation Act, found at 820 ILCS 305. Workers’ compensation was established as a no-fault system. The theory behind the law is 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 need to prove your employer did something wrong. You just need to show the injury happened at work or because of your job.
Under 820 ILCS 305/2, an employer in Illinois may elect to provide and pay compensation for accidental injuries sustained by an employee arising out of and in the course of employment, and in doing so, they relieve themselves from ordinary civil liability for those injuries. This trade-off is the foundation of the system. Your employer gets protection from lawsuits, and you get access to benefits without having to fight in civil court.
Employees hired, injured, or whose employment is in Illinois are protected by the Illinois Workers’ Compensation Act. That protection extends to workers in Aurora, whether you are employed by a large corporation or a small local business. 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 proceed on to the Circuit Court, Illinois Appellate Court, and, if leave is granted, the Illinois Supreme Court. Knowing how this system works is the first step toward protecting yourself after a workplace injury.
If you are unsure whether your injury qualifies, do not wait. Contact Briskman Briskman & Greenberg for a free consultation. We can help you understand your rights before the clock runs out on your claim.
Common Work Injuries in the Aurora, IL Area
Aurora is one of Illinois’ largest cities. It sits along the Fox River and stretches across both Kane and DuPage Counties. The city is home to a wide range of industries, from logistics and distribution centers near the I-88 and I-90 corridors to healthcare facilities, construction projects, and manufacturing operations throughout the area. With so many workers in physically demanding jobs, injuries happen every day.
Some of the most common work injuries we see from Aurora-area workers include back and spine injuries from lifting heavy loads, slip and fall accidents on wet or uneven floors, repetitive motion injuries from assembly line work, crush injuries from machinery or forklifts, and injuries from vehicle accidents while on the job. Workers near the downtown Aurora area, along New York Street, or at distribution hubs off Farnsworth Avenue are especially vulnerable to these types of incidents.
Illinois law also covers occupational diseases under the Workers’ Occupational Diseases Act, 820 ILCS 310. This means if your condition developed gradually over time because of your work environment, such as hearing loss, respiratory illness, or repetitive stress disorders, you may still have a valid claim. Under 820 ILCS 310/8, the period of limitation for occupational disease claims begins to run from the date of disablement, not the date of the accident. That is an important distinction that many workers miss.
Do not assume your condition does not qualify just because it developed slowly. Talk to one of our workers compensation attorneys who understands both the Workers’ Compensation Act and the Occupational Diseases Act. We serve clients from Aurora to Oak Lawn and beyond.
What Benefits Can Aurora Workers Receive?
One of the most common questions injured workers ask is: what am I actually entitled to? Illinois law provides several categories of benefits, and understanding each one helps you make sure you are not leaving money on the table.
First, your employer must pay for all reasonable and necessary medical treatment related to your injury. That includes emergency care, surgeries, physical therapy, prescription medications, and follow-up visits. Second, if your injury keeps you out of work, you may be entitled to temporary total disability (TTD) benefits. TTD pays you two-thirds of your average weekly wage while you recover and cannot work.
Every six months, the Illinois Department of Employment Security publishes the statewide average weekly wage (SAWW). The SAWW sets the maximum and minimum weekly benefit levels for workers’ compensation. That means your benefit amount is tied to real wage data, and it is updated regularly to reflect current conditions in the Illinois economy.
If you suffer a permanent injury, you may be entitled to permanent partial disability (PPD) or permanent total disability (PTD) benefits. These compensate you for lasting physical limitations that affect your ability to earn a living. In the most serious cases, such as those involving paralysis or the loss of a limb, the benefits can be substantial.
Under the Workers’ Compensation Act, attorney fees in workers’ compensation cases are regulated. The law states that attorney fees shall not exceed 20% of the sum that would be due under the Act for 364 weeks of permanent total disability based upon the employee’s average gross weekly wage prior to the date of the accident. This cap is meant to protect injured workers. At Briskman Briskman & Greenberg, we are transparent about fees from the very start. Reach out to our Chicago workers compensation attorney team to learn exactly what you may be owed.
How the Illinois Workers’ Compensation Commission Handles Your Claim
After you report your injury and file a claim, the Illinois Workers’ Compensation Commission (IWCC) becomes the central authority over your case. The Illinois Workers’ Compensation Commission resolves claims made by injured workers for injuries arising out of and in the course of employment. The Commission strives to assure financial protection for injured workers and their dependents at a fair cost to employers.
Under 820 ILCS 310/13, the IWCC has full jurisdiction over the Workers’ Occupational Diseases Act as well, giving it broad authority to handle claims involving both sudden injuries and conditions that develop over time. If your employer or their insurance company disputes your claim, the IWCC provides a formal hearing process. An arbitrator hears your case first. If you disagree with the arbitrator’s decision, you can appeal to a panel of commissioners. From there, appeals can go to the Circuit Court and beyond.
The IWCC also handles emergency situations. Under 820 ILCS 310, if you are not receiving medical or compensation benefits you are entitled to, you may file a petition for an emergency hearing before an arbitrator. This is a powerful tool when an employer or insurer is dragging their feet while you are sitting at home without income or medical care.
The process can move slowly, and insurance companies know how to use delays to their advantage. Having a dedicated workers compensation lawyer who knows IWCC procedures can make a real difference in how quickly and effectively your claim moves forward. Briskman Briskman & Greenberg has handled claims at every level of the IWCC process.
Why Aurora Workers Choose Briskman Briskman & Greenberg
Aurora workers have options when it comes to legal representation. But not every firm treats you like a person rather than a case number. At Briskman Briskman & Greenberg, we take a personal approach to every workers’ compensation claim. We listen to what happened, explain your options clearly, and fight hard to get you the full benefits Illinois law allows.
We serve workers throughout the greater Chicago area, including communities along the Route 59 corridor, near the Hollywood Casino Aurora, and throughout the Fox Valley region. Whether your injury happened at a job site near the Metra BNSF line in Aurora or at a facility in the surrounding suburbs, we are ready to help.
Our team understands that a work injury affects your whole life, not just your body. You may worry about paying your mortgage, covering your kids’ expenses, or whether you will ever return to the job you had. We take those concerns seriously. We handle the legal work so you can focus on getting better.
Illinois employers are required by law to carry workers’ compensation coverage or qualify as self-insured. Under 820 ILCS 305, any employer who engages a contractor or subcontractor for work covered by the Act may be liable to pay compensation to those workers as well. If you are a subcontractor, a temp worker, or a contractor who was injured on someone else’s job site, you may still have a valid claim. Do not assume you are not covered.
You can also explore more resources through our workers compensation attorney information center, which covers common questions about the claims process, benefit types, and your rights under Illinois law. And if you are located in the western or southern suburbs, our workers compensation attorneys in the Orland Park area are also available to assist you.
Call Briskman Briskman & Greenberg today. A free consultation costs you nothing, and it could be the most important call you make after a work injury.
FAQs About Aurora, IL Workers’ Compensation
How long do I have to file a workers’ compensation claim in Illinois?
In most cases, you have three years from the date of your injury, or two years from the date of your last payment of compensation, whichever is later, to file a claim under the Illinois Workers’ Compensation Act. For occupational disease claims under 820 ILCS 310, the clock starts running from the date of disablement rather than the date of any specific incident. Missing this deadline can cost you your right to benefits entirely. If you are unsure where you stand, contact Briskman Briskman & Greenberg right away.
What if my employer says I am an independent contractor and not an employee?
This is one of the most common ways employers try to avoid paying workers’ compensation benefits. Illinois law looks at the actual working relationship, not just what your contract says. If your employer controls how, when, and where you do your work, you may be classified as an employee regardless of what any paperwork states. Do not take your employer’s word for it. An attorney can review the details of your situation and tell you whether you have a valid claim.
Can I choose my own doctor for a workers’ compensation injury in Illinois?
Yes. Under Illinois law, an injured worker has the right to choose their own treating physician. You are also entitled to one referral from that physician. Your employer may have a preferred provider network, but you are not required to use it exclusively. Getting care from a doctor you trust is important, both for your recovery and for building a strong workers’ compensation claim. If you have questions about medical treatment rights, Briskman Briskman & Greenberg can help you understand your options.
What happens if my workers’ compensation claim is denied?
A denial is not the end of the road. You have the right to appeal a denied claim through the Illinois Workers’ Compensation Commission. The process starts with a hearing before an arbitrator, and if needed, it can go further up the chain to a panel of commissioners, the Circuit Court, and even the Illinois Appellate Court. Insurance companies deny claims for many reasons, and some of those reasons do not hold up under legal scrutiny. Having an attorney present your case gives you the best chance of reversing a denial and getting the benefits you are owed.
Do I have to pay attorney fees upfront to hire a workers’ compensation lawyer?
No. Workers’ compensation attorneys in Illinois typically work on a contingency fee basis, meaning you pay nothing upfront. Attorney fees in Illinois workers’ compensation cases are regulated by the Workers’ Compensation Act and must be approved by the Illinois Workers’ Compensation Commission. The law caps fees to protect injured workers from excessive charges. At Briskman Briskman & Greenberg, we will explain our fee structure clearly during your free initial consultation so there are no surprises.
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