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Peoria Workers’ Compensation Lawyer
If you were hurt at work in or around Peoria, or if you live in the Peoria area and work in Chicago, you deserve to know your rights. Illinois workers’ compensation law exists to protect you. It is designed to make sure you get medical care and lost wages after a job injury, no matter who was at fault. At Briskman Briskman & Greenberg, we help injured workers across Illinois, including those with ties to Peoria, fight for the benefits they have earned. Whether your injury happened on a construction site near the Illinois River, in a factory along I-74, or at a warehouse off I-55, you have rights under Illinois law, and we are here to help you use them.
Table of Contents
- What Illinois Law Says About Workers’ Compensation
- Common Workplace Injuries in the Peoria and Chicago Areas
- What Benefits Can You Receive Under Illinois Workers’ Compensation?
- Filing Deadlines and the Illinois Workers’ Compensation Commission
- How a Peoria Workers’ Compensation Lawyer Can Help You
- FAQs About Peoria Workers’ Compensation
What Illinois Law Says About Workers’ Compensation
Illinois takes workplace injuries seriously. The Illinois Workers’ Compensation Act (820 ILCS 305) requires most employers in the state to carry workers’ compensation insurance. This is not optional. If an employer fails to carry coverage, the Illinois Department of Insurance can issue a citation and a fine ranging from $500 to $2,500 per violation. That law protects you from the moment you clock in.
Private industry employers reported 101,400 nonfatal workplace injuries and illnesses in Illinois in 2023, according to the U.S. Bureau of Labor Statistics. That is a significant number of workers who needed help, and many of them did not know where to start. If you are one of them, the first thing to understand is that your employer is legally required to cover your medical costs and a portion of your lost wages.
Under 820 ILCS 305/8, your employer must pay for medical care, surgical services, and hospital costs that are reasonably required to cure or relieve from the effects of your accidental injury. That includes first aid, follow-up treatment, and even rehabilitation. The law also requires your employer to pay for physical, mental, and vocational rehabilitation if your injury calls for it. You should not have to pay out of pocket for care that resulted from doing your job.
Peoria workers who commute to Chicago or who work in industries along the I-55 or I-74 corridors should know that Illinois workers’ compensation covers you anywhere you are working in the state. It does not matter whether your office is in the Loop or near Caterpillar’s old headquarters in downtown Peoria. If you are an Illinois employee, you are covered. Contact a Chicago personal injury lawyer at Briskman Briskman & Greenberg to learn more about your specific situation.
Common Workplace Injuries in the Peoria and Chicago Areas
Workplace injuries happen in every industry, but some sectors see far more than others. Three supersectors, accounting for 52 percent of employment, made up 74 percent of occupational injuries and illnesses in Illinois: trade, transportation, and utilities; education and health services; and manufacturing. These are industries that are well-represented in both Chicago and Peoria.
Think about the workers who build the bridges over the Illinois River, the warehouse employees stacking shelves along the I-74 corridor, or the nurses and healthcare workers in Peoria’s OSF Saint Francis Medical Center. All of these workers face real risks every day. Injuries can range from back strains and broken bones to repetitive stress injuries and occupational diseases.
Some of the most common injuries we see include:
- Overexertion injuries from lifting, pushing, or pulling heavy objects
- Slip and fall accidents on wet or uneven surfaces
- Being struck by falling equipment or machinery
- Repetitive motion injuries like carpal tunnel syndrome
- Vehicle accidents during work duties
- Exposure to toxic chemicals or harmful substances
Injuries accounted for 93,200 cases, or 91.9 percent of total recordable cases in Illinois. Of the 101,400 total cases, 64,500 were of a more severe nature, involving days away from work, job transfer, or restriction while recuperating. Losing time at work means losing income. That is exactly what workers’ compensation is designed to replace. Our workers compensation attorneys understand how these injuries affect your daily life and your family’s finances.
What Benefits Can You Receive Under Illinois Workers’ Compensation?
Workers’ compensation in Illinois covers more than just your hospital bills. The law provides several types of benefits, and understanding each one can make a real difference in how much you recover.
First, there is medical coverage. Under 820 ILCS 305/8(a), your employer must pay for all necessary medical care to cure or relieve the effects of your injury. That includes doctor visits, surgeries, prescriptions, physical therapy, and more. You can also elect to choose your own doctor at your employer’s expense, which is an important right many workers do not know they have.
Second, there are wage replacement benefits. If your injury keeps you out of work, you may be entitled to Temporary Total Disability (TTD) benefits. Temporary total disability benefits assist employees whose injuries render them unable to work temporarily, and this benefit replaces wages lost during the recovery period. In Illinois, TTD is generally calculated at two-thirds of your average weekly wage, subject to state minimums and maximums.
Third, if your injury causes a lasting impairment, you may qualify for Permanent Partial Disability (PPD) or Permanent Total Disability (PTD) benefits. Workers who sustain permanent impairments but who can still work in a limited capacity are covered, and they can receive permanent partial disability benefits. If you cannot return to any form of work, PTD benefits provide ongoing support.
Finally, if a workplace accident results in death, surviving family members may receive death benefits that cover funeral costs and ongoing financial support. These benefits exist because the law recognizes that a workplace death affects an entire family. Our Chicago workers compensation attorney team at Briskman Briskman & Greenberg can walk you through every benefit you may be entitled to claim.
Filing Deadlines and the Illinois Workers’ Compensation Commission
Timing matters a great deal in workers’ compensation cases. Illinois law sets strict deadlines for filing a claim, and missing them can cost you your right to benefits. Under 820 ILCS 305/6(d), you generally have three years from the date of your accident to file a claim if you received no compensation. If your employer or their insurer paid any benefits, you have two years from the date of the last payment.
For occupational diseases, the Workers’ Occupational Diseases Act (820 ILCS 310/8) sets a similar rule. The limitation period begins from the date of disablement, not the date of the accident. This is important for workers who develop conditions over time, like hearing loss from machinery noise or lung disease from chemical exposure. You may not realize you are sick until years after the exposure began.
All claims in Illinois are handled by the Illinois Workers’ Compensation Commission (IWCC). Under 820 ILCS 310/13, the Commission has full jurisdiction over the administration of both the Workers’ Compensation Act and the Workers’ Occupational Diseases Act. The Commission can hold hearings, issue awards, and review decisions. If your case is disputed, it will go before an arbitrator at the Commission. Decisions can then be reviewed by the full Commission within 30 days, and further appeals can go to the Circuit Court.
Peoria-area workers should also know that the IWCC has a district office in Peoria that handles cases for that region. However, if your case involves Chicago-based employers or injuries that occurred in the Chicago area, working with a firm that knows both markets is a real advantage. Our workers compensation lawyer team handles cases across the state. Do not wait until a deadline sneaks up on you to take action.
How a Peoria Workers’ Compensation Lawyer Can Help You
You might be wondering whether you really need an attorney for a workers’ compensation claim. The honest answer is that having legal help makes a difference. Insurance companies and employers have adjusters and attorneys working to minimize what they pay. You deserve someone in your corner who knows the law just as well.
At Briskman Briskman & Greenberg, we handle workers’ compensation claims from start to finish. We gather medical records, document your lost wages, communicate with insurance adjusters, and prepare your case for arbitration if needed. We know the courts and the process, whether your case is heard in Peoria or at the IWCC’s Chicago office in the James R. Thompson Center area.
Attorney fees in Illinois workers’ compensation cases are regulated by law. Under 820 ILCS 305/16, attorney fees generally cannot exceed 20 percent of the compensation awarded for 364 weeks of permanent total disability, based on your average gross weekly wage before the accident. In many situations, no fees are charged unless you recover compensation. This means getting legal help does not have to feel like a financial risk.
Our workers compensation attorney team at Briskman Briskman & Greenberg is ready to review your case at no cost. We serve clients throughout Illinois, including those in the greater Peoria area who work in Chicago or who have cases with ties to both regions. We also serve clients in the suburbs, including those who need workers compensation attorneys in the southwest suburbs. If you were hurt at work, call us. Let us handle the legal fight so you can focus on getting better.
FAQs About Peoria 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. As long as your injury happened in the course of your employment, you are generally entitled to benefits. This is one of the key features of the Illinois Workers’ Compensation Act (820 ILCS 305), and it protects workers even when accidents are purely accidental.
What should I do immediately after a workplace injury in Peoria or Chicago?
Report the injury to your employer as soon as possible. Illinois law requires you to notify your employer within 45 days of the accident. After that, seek medical care right away. Keep records of everything, including doctor’s notes, medical bills, and any communication with your employer or their insurance company. Then contact an attorney to make sure your rights are protected from the start.
Can I choose my own doctor for a workers’ compensation injury in Illinois?
Yes. Under 820 ILCS 305/8(a), you have the right to choose your own treating physician at your employer’s expense. Your employer may also maintain a Panel of Physicians that you can use, but you are not required to use only their doctors. Knowing this right can make a real difference in the quality of care you receive and the outcome of your claim.
What happens if my employer does not have workers’ compensation insurance?
If your employer is uninsured, you still have options. Under 820 ILCS 305/4(d), you can file an application for adjustment of claim directly with the Illinois Workers’ Compensation Commission. The Commission will hear and decide your case just as it would if your employer had insurance. Employers who fail to carry required coverage can also face fines from the Illinois Department of Insurance.
How long does a workers’ compensation case take to resolve in Illinois?
The timeline varies depending on the facts of your case. Some claims settle in a matter of months if liability is clear and the parties agree on benefits. More complex cases, especially those involving permanent disability or disputed injuries, can take a year or more. If your case goes to arbitration before the Illinois Workers’ Compensation Commission, the Commission is required to issue a final decision no later than 180 days after a Petition for Review is filed. An attorney can help move your case forward and avoid unnecessary delays.
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