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Plainfield Workers’ Compensation Lawyer
If you were hurt on the job in Plainfield or anywhere in the greater Chicago area, you may be wondering what your rights are and what steps to take next. A work injury can turn your life upside down fast. Medical bills pile up, paychecks stop coming, and your employer’s insurance company may already be working to limit what you receive. That is exactly why having a skilled Chicago personal injury lawyer in your corner matters so much. At Briskman Briskman & Greenberg, we have spent decades helping injured workers across Illinois fight for the full benefits the law provides. Whether you work near the I-55 corridor, along Route 30, or anywhere in the Plainfield and Will County area, we are ready to help you today.
Table of Contents
- What Illinois Workers’ Compensation Law Covers
- Types of Benefits Available to Injured Workers in Illinois
- Filing Deadlines You Cannot Afford to Miss
- Common Workplace Injuries in the Plainfield and Chicago Area
- Why You Need Briskman Briskman & Greenberg on Your Side
- FAQs About Plainfield Workers’ Compensation
What Illinois Workers’ Compensation Law Covers
Illinois has one of the most comprehensive workers’ compensation systems in the country. Under the Illinois Workers’ Compensation Act (820 ILCS 305), nearly every employee in the state is covered from the moment they start working. You do not need to prove that your employer was careless or negligent. You only need to show that your injury happened while you were doing your job.
Under 820 ILCS 305/1, the term “employer” covers a wide range of entities. Any employer, including general contractors and their subcontractors, who comes within the provisions of Section 3 of the Act, must provide and pay the compensation required. This means that even if you work for a subcontractor on a big construction site near the Plainfield area, you are still protected. The law also covers state and local government employees, private businesses, hospitals, and charitable organizations.
The Workers’ Compensation Act under 820 ILCS 305/2 also allows an employer to elect coverage and, by doing so, relieves themselves from separate civil liability for workplace injuries. This means that in most cases, workers’ compensation is the primary legal path for injured workers, not a personal injury lawsuit against the employer. However, if a third party, such as a negligent equipment manufacturer or a careless driver who hit you while you were making a work delivery near Route 59, caused your injury, you may still have a separate legal claim on top of your workers’ comp benefits.
Illinois also covers occupational diseases through the Workers’ Occupational Diseases Act (820 ILCS 310). Under Section 13 of that act, the Illinois Workers’ Compensation Commission has full jurisdiction over occupational disease claims, using the same rights and procedures as the Workers’ Compensation Act. So if you developed a respiratory illness, hearing loss, or repetitive stress injury from your job in a Plainfield warehouse or manufacturing plant, you have the same legal protections as someone hurt in a sudden accident.
Do not assume your situation is too complicated or that your claim will be denied. Contact Briskman Briskman & Greenberg for a free consultation to learn exactly where you stand under Illinois law.
Types of Benefits Available to Injured Workers in Illinois
One of the most common questions injured workers ask is: “What am I actually entitled to?” The answer depends on the nature and severity of your injury, but Illinois law provides several important categories of benefits that can make a real difference in your life.
Temporary Total Disability (TTD) benefits replace a portion of your lost wages while you are unable to work. The TTD benefit is two-thirds (66 2/3%) of the employee’s average weekly wage, subject to minimum and maximum limits. Under 820 ILCS 305/10, your average weekly wage is calculated based on your actual earnings during the 52 weeks before your injury, excluding overtime and bonuses. Illinois updates workers’ compensation maximum rates every January and July based on statewide wage data.
Permanent Partial Disability (PPD) benefits come into play when your injury leaves you with a lasting impairment but you can still work in some capacity. These benefits are typically the basis for a settlement. If the employee cannot return to the pre-injury job, the employer must pay for treatment, instruction, and training necessary for the physical, mental, and vocational rehabilitation of the employee, including all maintenance costs and incidental expenses.
Illinois workers’ compensation also covers all reasonable and necessary medical expenses. That includes emergency room visits, surgeries, physical therapy, prescriptions, and follow-up care. Recipients of death and permanent total disability (PTD) benefits may be entitled to cost-of-living adjustments through the Rate Adjustment Fund, and death benefits are paid for 25 years or $500,000, whichever is greater.
If you work in a physically demanding job near Plainfield’s industrial parks or distribution centers along I-55, these benefits could be the financial lifeline that keeps your family afloat while you recover. The Chicago workers compensation attorney team at Briskman Briskman & Greenberg can help you identify every benefit you qualify for and fight to make sure you receive all of it.
Filing Deadlines You Cannot Afford to Miss
Time is one of the most critical factors in any workers’ compensation case. Illinois law sets firm deadlines for reporting injuries and filing claims. Miss them, and you could lose your right to benefits entirely. This is not an area where you want to guess or wait.
First, you must report your injury to your employer. Illinois law requires you to give notice of a work injury within 45 days of the accident. If you fail to notify your employer within that window, it can seriously hurt your claim. The sooner you report, the better. Even if you think the injury is minor at first, report it right away. Many injuries, like back strains and shoulder tears, get worse over time.
Second, you must file your claim with the Illinois Workers’ Compensation Commission (IWCC) before the statute of limitations runs out. Under 820 ILCS 305/6(d), there are two main time limits for filing a claim, including two years from the last payment of compensation, whichever is later. Generally, you have three years from the date of the accident to file if no compensation has been paid. The law allows you to use whichever deadline gives you more time.
For occupational diseases, the clock works a little differently. Under 820 ILCS 310/8, the period of limitation begins to run from the date of disablement rather than the date of the accident. This matters for workers who develop conditions gradually, such as someone who spent years working near heavy machinery in a Plainfield plant and slowly lost their hearing.
Missing these deadlines is one of the biggest and most avoidable mistakes injured workers make. The workers compensation attorney team at Briskman Briskman & Greenberg can make sure your claim is filed correctly and on time. Call us before the clock runs out.
Common Workplace Injuries in the Plainfield and Chicago Area
Plainfield sits in Will County, just southwest of Chicago along the I-55 and I-80 corridors. The area has seen significant growth in warehousing, distribution, manufacturing, and construction. These industries come with real risks. Workers in these fields face some of the highest rates of workplace injury in the country.
Common injuries we see in the Plainfield and greater Chicago area include:
- Back and spine injuries from heavy lifting or falls
- Shoulder and rotator cuff tears from repetitive overhead work
- Knee injuries from kneeling, climbing, or slip-and-fall accidents
- Traumatic brain injuries from falls off ladders or scaffolding
- Crush injuries from equipment or machinery malfunctions
- Occupational lung disease from exposure to chemicals or dust
- Carpal tunnel syndrome and other repetitive stress injuries
- Hearing loss from prolonged exposure to loud machinery
Construction workers near the Plainfield area’s ongoing residential and commercial development projects, warehouse employees at the large distribution centers along Route 30, and truckers traveling the I-55 corridor all face serious risks every day. A slip on a wet warehouse floor, a fall from scaffolding near a new subdivision, or a forklift accident can change your life in an instant.
Illinois law protects you regardless of how the accident happened, as long as it arose out of and in the course of your employment. If you were hurt doing your job, you likely have a valid claim. The workers compensation attorneys at Briskman Briskman & Greenberg understand the local industries and the types of injuries that come with them. We know how to build a strong case on your behalf.
Why You Need Briskman Briskman & Greenberg on Your Side
Workers’ compensation claims sound straightforward, but they rarely are. Employers and their insurance companies have experienced legal teams working to pay out as little as possible. Without someone in your corner, you may accept a settlement that falls far short of what you deserve, or worse, have your claim denied entirely.
Briskman Briskman & Greenberg has a long history of representing injured workers throughout the Chicago area, including those who live and work in Plainfield, Joliet, Bolingbrook, and across Will and Cook counties. We know the Illinois Workers’ Compensation Commission process inside and out. We know how cases are handled at the IWCC’s Chicago district office, and we know how to push back when insurance companies act in bad faith.
Our approach is simple. We listen to you. We investigate your injury. We gather medical records, witness statements, and any other evidence that supports your claim. We handle every step of the process so you can focus on getting better. You do not pay us anything unless we recover benefits for you. That is our commitment to every client we serve.
The workers compensation attorneys at Briskman Briskman & Greenberg serve clients throughout the southwest suburbs and the entire Chicago metro area. If you are looking for a workers compensation lawyer with real experience and a proven track record, we are ready to talk. Do not let the insurance company call the shots. Call Briskman Briskman & Greenberg today and let us fight for the full benefits Illinois law entitles you to receive.
FAQs About Plainfield Workers’ Compensation
Do I need to prove my employer was at fault to get workers’ compensation benefits in Illinois?
No. Illinois workers’ compensation is a no-fault system. You do not need to prove that your employer did anything wrong. You only need to show that your injury happened while you were performing your job duties. As long as the injury arose out of and in the course of your employment, you are generally entitled to benefits under 820 ILCS 305.
What should I do immediately after a workplace injury in Plainfield?
Report the injury to your employer as soon as possible. Illinois law requires notice within 45 days of the accident, but sooner is always better. Seek medical attention right away and keep records of all treatment. Avoid giving recorded statements to your employer’s insurance company before speaking with an attorney. Contact Briskman Briskman & Greenberg for a free consultation so you understand your rights from day one.
Can I choose my own doctor for a work injury in Illinois?
Yes, with some limitations. Under the Illinois Workers’ Compensation Act, you have the right to choose your own treating physician. However, you are generally limited to two choices of medical provider. Your employer may also require you to see a company-approved doctor for an initial evaluation. An attorney can help you understand your medical rights and make sure you receive proper care without jeopardizing your claim.
What if my workers’ compensation claim is denied?
A denial is not the end of the road. You have the right to file an Application for Adjustment of Claim with the Illinois Workers’ Compensation Commission (IWCC) and have your case heard before an arbitrator. Many denied claims are successfully resolved through the IWCC process. Having an attorney represent you at this stage greatly improves your chances of a favorable outcome. Briskman Briskman & Greenberg can handle the entire appeals process on your behalf.
How long does a workers’ compensation case take to resolve in Illinois?
The timeline varies depending on the severity of your injury, whether your claim is disputed, and how long your medical treatment lasts. Some straightforward cases resolve within several months. More complex cases involving permanent injuries, surgery, or disputed liability can take a year or longer. Reaching maximum medical improvement (MMI) is usually a key milestone before a final settlement is reached. Briskman Briskman & Greenberg works to move your case forward as efficiently as possible while making sure you receive full and fair compensation.
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