Our Lawyers
Bloomington Workers’ Compensation Lawyer
Getting hurt at work can turn your life upside down fast. Medical bills pile up, paychecks stop, and suddenly you’re wondering how you’ll take care of your family. If you work in or around the Bloomington area and suffered a job-related injury, Illinois law gives you real rights and real benefits. The question is, are you getting everything you deserve? At Briskman Briskman & Greenberg, we help injured workers across Illinois fight for the full compensation the law allows. Whether you’re dealing with a sudden accident on a construction site or a condition that developed over months of repetitive work, we’re here to help you every step of the way.
Table of Contents
- What Illinois Workers’ Compensation Law Covers
- Types of Benefits Available to Injured Illinois Workers
- Deadlines and Notice Requirements You Cannot Ignore
- What Happens When Your Employer Doesn’t Have Insurance
- How Attorney Fees Work in Illinois Workers’ Compensation Cases
- FAQs About Bloomington Workers’ Compensation
What Illinois Workers’ Compensation Law Covers
Illinois has some of the strongest workers’ compensation protections in the country. Under the Chicago workers compensation attorney resources we use daily, the Illinois Workers’ Compensation Act (820 ILCS 305) covers virtually every employee in the state. This includes workers in manufacturing, healthcare, retail, transportation, and construction, just to name a few.
Under 820 ILCS 305/2, an employer who elects to provide workers’ compensation coverage relieves themselves of personal liability for workplace accidents. That means your employer’s insurance carrier, not your employer personally, is generally responsible for paying your benefits. But that doesn’t mean the process is simple. Insurance companies have their own interests, and those interests don’t always line up with yours.
Illinois workers’ compensation covers injuries that arise out of and in the course of employment. All injuries arising out of and in the course of the employment are covered. This includes traumatic accidents like a fall from a ladder, as well as repetitive trauma injuries like carpal tunnel syndrome. Accident includes repetitive trauma under Illinois law, so don’t assume your gradual injury doesn’t qualify.
Occupational diseases are also covered under a separate but related law. The Workers’ Occupational Diseases Act (820 ILCS 310) handles conditions like hearing loss, respiratory disease, and illnesses caused by chemical exposure. Occupational diseases, including respiratory and repetitive use conditions, are covered under a separate Act (820 ILCS 310/1 et seq.), and essentially the same rules and benefits apply. If you’ve developed a health condition because of your work environment, you likely have a valid claim.
Workers in the Bloomington area, including those who commute along I-55 through McLean County or work near Illinois State University, deal with a wide range of industries. From agriculture-related businesses to healthcare facilities, job injuries happen every day. The law protects you regardless of where your employer is headquartered. Our team at Briskman Briskman & Greenberg knows how to build a strong case no matter what industry you work in.
Types of Benefits Available to Injured Illinois Workers
One of the most important things to understand is what benefits you’re actually entitled to receive. Illinois workers’ compensation provides several categories of benefits, and knowing the difference can mean thousands of dollars in your pocket.
Temporary Total Disability (TTD) benefits replace a portion of your wages while you recover and cannot work. These benefits are calculated at two-thirds of your average weekly wage, subject to state-set limits. 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. This means your benefit cap adjusts regularly, so it’s important to know the current rates when filing your claim.
Permanent Partial Disability (PPD) benefits apply when your injury leaves you with a lasting impairment but you can still work in some capacity. The IWCC uses four different ways to calculate PPD benefits. These include scheduled awards for specific body parts, non-scheduled awards for whole-body impairments, wage differential benefits, and disfigurement benefits.
If your injury forces you into a lower-paying job, you may qualify for wage differential benefits. The IWCC calculates these benefits by taking two-thirds of the difference between your pre-injury average weekly wage and post-injury wages. This protection ensures that a serious injury doesn’t permanently reduce your earning power without compensation.
Medical benefits are also a key part of your claim. Your employer is required to pay for all reasonable and necessary medical treatment related to your work injury. That includes doctor visits, surgery, physical therapy, and prescription medications. No attorneys’ fees are charged on undisputed medical expenses under 820 ILCS 305, which means those costs are fully protected.
Death benefits are available to surviving family members when a worker is killed on the job. If you’ve lost a loved one in a workplace accident near Bloomington or anywhere in Illinois, contact our team at Briskman Briskman & Greenberg right away. You deserve to know your rights.
Deadlines and Notice Requirements You Cannot Ignore
Missing a deadline in a workers’ compensation case can end your claim entirely. Illinois law sets strict time limits for reporting your injury and filing your claim. Many injured workers lose out on benefits simply because they didn’t act fast enough. Don’t let that happen to you.
First, you must report your injury to your employer as soon as possible. Notice of the accident must be given to the employer as soon as practical, but not later than forty-five days after the accident, under 820 ILCS 305/6(c). If you miss that 45-day window, you risk losing your right to benefits entirely. Tell your supervisor in writing, keep a copy, and note the date.
After reporting, you have a limited window to file your formal claim. A claim must be filed within three years of the date of accident where no compensation has been paid, or within two years after the date of the last payment of compensation where any has been paid, whichever is later, under 820 ILCS 305/6(d). That might sound like a long time, but cases involving ongoing medical treatment and disputes can drag on. The sooner you act, the better.
For occupational diseases, the rules are slightly different. Under the Workers’ Occupational Diseases Act (820 ILCS 310), no compensation is payable unless disablement occurs within two years after the last day of exposure to the hazard of the disease. In cases involving berylliosis, silica dust, or asbestos, that window extends to three years. For radiological exposure, the period is 25 years from the last day of exposure. The period of limitation for occupational disease claims begins to run from the date of disablement, not the date of the accident.
These deadlines are not flexible. Courts take them seriously. If you’re unsure where you stand, call Briskman Briskman & Greenberg today. We can review your situation and tell you exactly what steps to take before time runs out.
What Happens When Your Employer Doesn’t Have Insurance
What if you get hurt and find out your employer doesn’t carry workers’ compensation insurance? This situation is more common than most people think, and Illinois law has a safety net in place to protect workers in exactly this scenario.
Under the Illinois Workers’ Compensation Act, the Injured Workers’ Benefit Fund exists specifically for this purpose. Moneys in the Injured Workers’ Benefit Fund are used only for payment of workers’ compensation benefits for injured employees when the employer has failed to provide coverage and has failed to pay the benefits due to the injured employee. The employer is then required to reimburse the Fund for any amounts paid on their behalf, and the Attorney General makes efforts to recover those funds.
This means that even if your employer is uninsured, you are not left without options. You can file a claim with the Illinois Workers’ Compensation Commission (IWCC), and the Fund can step in to pay your benefits. An employee of an uninsured employer may, instead of proceeding against the employer in a civil action in court, file an application for adjustment of claim with the Commission in accordance with the provisions of this Act.
Additionally, where a subcontractor is uninsured, the employee of that subcontractor may recover compensation under the Act from the general contractor or from the individual or entity that engaged the services of the general contractor. The subcontractor is then liable for indemnification. This is especially important for construction workers in the Bloomington area working on multi-contractor job sites.
Employers who fail to carry insurance face serious penalties. An investigator with the Department of Insurance may issue a citation to any employer that is not in compliance with its obligation to have workers’ compensation insurance, and the fine shall be no less than $500 and shall not exceed $10,000. Beyond the fine, an uninsured employer remains personally on the hook for your full compensation. Our workers compensation attorney team at Briskman Briskman & Greenberg knows how to pursue every available avenue when an employer tries to dodge their legal responsibilities.
How Attorney Fees Work in Illinois Workers’ Compensation Cases
Many injured workers hesitate to call a lawyer because they worry about the cost. Here’s the truth: Illinois law tightly regulates attorney fees in workers’ compensation cases, and you should never have to pay money out of pocket to get legal help.
Under the Illinois Workers’ Compensation Act (820 ILCS 305), attorney fees in workers’ compensation cases are capped. In death cases, total disability cases, and partial disability cases, attorney fees 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 before the accident. All fees must be set through a written contract on forms prescribed by the Commission, and every attorney must file that contract with the Chairman of the Commission for approval.
There are also important protections against overcharging. No attorney fees are charged on undisputed medical expenses. No fees apply to temporary total disability compensation unless the employer refused timely payment or terminated benefits, and the attorney had to step in to restore them. If the amount paid for compensation does not exceed the written offer the employer made before you hired an attorney, no fees are owed to the attorney at all. These rules protect you from paying for work that wasn’t needed.
All attorney fees are recovered from compensation actually paid to you. That means you don’t pay anything upfront. The fee comes out of your settlement or award, not your personal savings. This makes it possible for any injured worker, regardless of income, to get quality legal representation.
The IWCC has the authority to review and resolve any disputes about attorney fees. If a lawyer is found to be charging excess fees, they can be ordered to make full restitution with interest. The system is built to protect you, and Briskman Briskman & Greenberg operates fully within these rules. We work hard to maximize your recovery, and our fee comes only when you win.
If you were injured at work anywhere in the Bloomington area, or if your work takes you through Chicago, Springfield, or anywhere along the I-55 corridor, our Chicago personal injury lawyer team is ready to help. We also serve clients through our workers compensation attorneys in the Oak Lawn area and our workers compensation attorneys in Orland Park. We’re also proud to help workers in northern Illinois through our workers compensation lawyer services in Rockford. No matter where you are in Illinois, Briskman Briskman & Greenberg is here for you. Call us today for a free consultation.
FAQs About Bloomington Workers’ Compensation
Can I file a workers’ compensation claim if my injury developed gradually over time?
Yes, you can. Illinois workers’ compensation covers repetitive trauma injuries, not just sudden accidents. Conditions like carpal tunnel syndrome, back injuries from repeated lifting, and hearing loss from prolonged noise exposure are all covered under 820 ILCS 305. The key is showing that your condition arose out of and in the course of your employment. If you’re unsure whether your condition qualifies, contact Briskman Briskman & Greenberg for a free consultation.
What should I do immediately after a workplace injury in Bloomington?
Report the injury to your employer as soon as possible, and no later than 45 days after the accident under 820 ILCS 305/6(c). Put the notice in writing and keep a copy for your records. Seek medical treatment right away and follow your doctor’s instructions. Document everything, including photos, witness names, and any communication with your employer or their insurance company. Then call a workers’ compensation attorney to protect your rights before the insurance adjuster contacts you.
What if my employer retaliates against me for filing a workers’ compensation claim?
Illinois law prohibits employers from retaliating against workers who file workers’ compensation claims. Retaliation can include firing, demotion, reduced hours, or harassment. If you experience any of these actions after filing a claim, you may have a separate legal claim against your employer. Document any retaliatory actions carefully and contact Briskman Briskman & Greenberg right away. Protecting your job and your claim at the same time is something our team handles regularly.
Does Illinois workers’ compensation cover occupational diseases like asbestos exposure?
Yes. The Workers’ Occupational Diseases Act (820 ILCS 310) covers diseases caused by workplace hazards, including asbestos, silica dust, and berylliosis. For asbestos and silica-related diseases, you must experience disablement within three years after your last day of exposure. For radiological exposure, the window is 25 years. These cases are complex and require strong medical and factual evidence. The team at Briskman Briskman & Greenberg has experience handling occupational disease claims and can help you build a solid case.
What if my employer’s insurance company denies my workers’ compensation claim?
A denial is not the end of your case. You have the right to contest a denied claim before the Illinois Workers’ Compensation Commission. The IWCC has full jurisdiction over workers’ compensation disputes under 820 ILCS 310/13 and 820 ILCS 305. An experienced attorney can file the necessary paperwork, gather medical evidence, and represent you at hearings before an arbitrator. Insurance companies count on workers giving up after a denial. Don’t give up. Call Briskman Briskman & Greenberg and let us fight for the benefits you’ve earned.
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