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Tinley Park Workers’ Compensation Lawyer
If you were hurt on the job in Tinley Park, you have rights. Illinois law is on your side, and the workers’ compensation system exists to make sure you get the medical care and financial support you need while you recover. But the process is not always simple. Employers and insurance companies often push back on claims, delay payments, or deny benefits altogether. That is why having a skilled Chicago personal injury lawyer in your corner can make a real difference in the outcome of your case.
Table of Contents
- What Is Workers’ Compensation in Illinois?
- Common Workplace Injuries in the Tinley Park Area
- What Benefits Can You Receive Under Illinois Workers’ Compensation?
- Filing Deadlines and the Illinois Workers’ Compensation Process
- Third-Party Claims and Your Right to Sue Outside of Workers’ Compensation
- Why Choose Briskman Briskman & Greenberg for Your Tinley Park Workers’ Compensation Case?
- FAQs About Tinley Park Workers’ Compensation
What Is Workers’ Compensation in Illinois?
Workers’ compensation is a system that protects employees who get hurt or sick because of their jobs. In Illinois, it is governed by the Workers’ Compensation Act, 820 ILCS 305. The law covers almost every worker in the state, from warehouse employees near I-80 and Harlem Avenue in Tinley Park to construction crews working along the Tri-State Tollway.
Under 820 ILCS 305/2, an employer can elect to provide and pay compensation for accidental injuries that arise out of and in the course of employment. In practice, most Illinois employers are required to carry workers’ compensation insurance. In Illinois, 91 percent of all employees are covered by the state’s workers’ compensation program. That means if you work for a business in Tinley Park, chances are very good that you are covered.
The law also covers occupational diseases under the Workers’ Occupational Diseases Act, 820 ILCS 310. This means that if your illness developed over time because of what you were exposed to at work, you may still have a valid claim. Think of a factory worker near the Tinley Park Convention Center who develops a respiratory condition from years of breathing in chemical fumes. That worker has rights under Illinois law, just like someone who broke a bone in a single accident.
Workers’ compensation is a no-fault system. You do not need to prove your employer did anything wrong. You only need to show that your injury or illness happened because of your job. Workers’ compensation in Illinois protects employees in case of work-related injuries or illnesses, and this coverage ensures that workers receive the necessary benefits to help them recover and return to work. If you have questions about whether your situation qualifies, contact Briskman Briskman & Greenberg today for a free consultation.
Common Workplace Injuries in the Tinley Park Area
Tinley Park sits in the southwest suburbs of Chicago, just off the junction of I-80 and I-57. The area has a strong mix of retail, warehousing, manufacturing, and service industries. That variety means workers face a wide range of on-the-job risks every day.
Private industry employers reported 101,400 nonfatal workplace injuries and illnesses in Illinois in 2023, according to the U.S. Bureau of Labor Statistics. Three supersectors, with 52 percent of employment, accounted for 74 percent of the occupational injuries and illnesses: trade, transportation, and utilities; education and health services; and manufacturing. These are exactly the types of industries that employ a large share of Tinley Park’s workforce.
Some of the most common injuries our clients report include:
- Back and spine injuries from heavy lifting
- Slip and fall accidents on wet or uneven surfaces
- Repetitive stress injuries like carpal tunnel syndrome
- Machinery and equipment accidents
- Vehicle accidents while driving for work
- Burns and chemical exposure injuries
- Lacerations and crush injuries
Repetitive stress injuries are not uncommon among Illinois workers who have to repeat the same motions and exertions over and over again throughout the workday. Over time, these injuries can develop and significantly debilitate a worker. The most well-known type of repetitive stress injury is carpal tunnel syndrome, but there are certainly others that can lead to long-term complications.
No matter what type of injury you suffered, you deserve to understand your options. A workers compensation attorney can review the facts of your case and help you move forward.
What Benefits Can You Receive Under Illinois Workers’ Compensation?
Illinois workers’ compensation covers more than just your medical bills. The law provides several types of benefits depending on how seriously you were hurt and how long you are out of work. Under 820 ILCS 305/8, your employer must provide and pay for all necessary first aid, medical, and surgical services, as well as ongoing medical care reasonably required to cure or relieve the effects of your injury. The employer must also pay for physical, mental, and vocational rehabilitation.
Here is a breakdown of the main benefits available:
- Medical benefits: Illinois workers’ compensation covers 100% of all reasonable and necessary medical expenses related to the injury, with no co-pays or deductibles for the employee.
- Temporary Total Disability (TTD): Temporary total disability benefits assist employees whose injuries render them unable to work temporarily, and this benefit replaces the wages lost during the recovery period.
- Permanent Partial Disability (PPD): Workers who sustain permanent impairments but who can work in a limited capacity are still covered and can receive permanent partial disability benefits, which serve as a financial safety net for those facing long-term challenges due to work-related injuries.
- Permanent Total Disability (PTD): An injury or illness may leave an employee permanently unable to work, and permanent total disability benefits provide ongoing financial support.
- Death benefits: Should a work-related injury result in the death of an employee, workers’ compensation provides benefits to the deceased’s family, covering funeral expenses as well as financial support to help dependents cope with the loss of their loved one.
Under 820 ILCS 305, attorney’s fees in workers’ compensation cases are regulated. In most cases, fees cannot exceed 20% of the compensation owed for 364 weeks of permanent total disability, based on the employee’s average gross weekly wage. This means you can get legal help without worrying about large upfront costs. Reach out to a workers compensation attorney to learn more about what you may be entitled to.
Filing Deadlines and the Illinois Workers’ Compensation Process
One of the most important things to understand about your workers’ compensation claim is the deadline for filing. Missing this deadline can permanently end your right to benefits, no matter how serious your injury was.
Illinois law sets two key time limits. First, you must report your injury to your employer. According to Illinois law, all injured workers who want to file a workers’ comp claim have to report their injury to their employer within 45 days of the accident. Do not wait on this. The sooner you report, the better.
Second, you must formally file a claim with the Illinois Workers’ Compensation Commission. The statute of limitations for filing a workers’ compensation claim for benefits in Illinois is three years from the date of injury or two years from the date of the last payment, whichever happens to be later. For occupational diseases under 820 ILCS 310/8, the period of limitation is the same as under the Workers’ Compensation Act, but it begins to run from the date of disablement instead of the date of accident.
It is also important to understand the difference between reporting your injury and actually filing a claim. Voluntary payments under an insurance claim do not meet the filing deadline. The insurance company does not file your claim with the Illinois Workers’ Compensation Commission. You must still formally file your claim with the Commission before the applicable statute of limitations period expires.
The process can feel overwhelming, especially when you are recovering from an injury. A Chicago workers compensation attorney can handle the paperwork, meet the deadlines, and fight for the full benefits you deserve. Do not risk losing your rights by trying to handle it alone.
Third-Party Claims and Your Right to Sue Outside of Workers’ Compensation
Most workers’ compensation claims are filed against your employer’s insurance. But what if someone other than your employer caused your injury? Illinois law gives you an important option in that situation.
Under 820 ILCS 310/5(b), where disablement or death is caused under circumstances creating a legal liability on the part of some person other than the employer, legal proceedings may be taken against that other person to recover damages, even if the employer is also paying workers’ compensation benefits. This is called a third-party claim.
For example, imagine a Tinley Park delivery driver who is hit by a negligent motorist on Harlem Avenue while making a work-related delivery. That driver can file a workers’ compensation claim with their employer and also pursue a personal injury lawsuit against the at-fault driver. These are two separate legal actions, and both can provide compensation.
Third-party claims can allow you to recover damages that workers’ compensation does not cover, including pain and suffering. Workers’ compensation alone does not pay for those non-economic losses. A workers compensation lawyer can help you identify whether a third party may share responsibility for your injury and pursue every available avenue for compensation.
Under 820 ILCS 305/19, if there are disputed questions of law or fact in your claim, the Illinois Workers’ Compensation Commission will designate an Arbitrator to hear your case. Having legal representation at this stage is critical. Insurance companies send experienced adjusters and attorneys to these hearings. You should have someone equally prepared on your side.
Why Choose Briskman Briskman & Greenberg for Your Tinley Park Workers’ Compensation Case?
When you are hurt at work, you need a legal team that understands Illinois workers’ compensation law from top to bottom. Briskman Briskman & Greenberg has been serving injured workers throughout the Chicago area, including Tinley Park and the surrounding southwest suburbs, for decades. Whether your injury happened at a warehouse near I-80, a retail store on Oak Park Avenue, or a job site near the Tinley Park Metra station, we are ready to help.
We know that a workplace injury affects every part of your life. You may be dealing with mounting medical bills, lost wages, and the stress of not knowing when you will get back to work. The average amount of time for an injured worker’s Temporary Total Disability claim in Illinois is 19 weeks, compared to the national average of 13 weeks. That is a long time to go without your full paycheck. We work hard to get your benefits started quickly and to make sure you receive everything the law entitles you to.
Our team handles every part of your claim, from gathering medical records to representing you before the Illinois Workers’ Compensation Commission. We do not back down when insurance companies try to minimize your claim or deny your benefits. You can visit our workers compensation attorney resource center to learn more about how the process works.
We handle workers’ compensation cases on a contingency fee basis, which means you pay nothing unless we recover compensation for you. There is no financial risk in calling us. If you or a loved one was injured on the job in Tinley Park, call Briskman Briskman & Greenberg today. We are here to fight for you.
FAQs About Tinley Park Workers’ Compensation
Do I have to prove my employer was negligent to get workers’ compensation 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 or illness arose out of and in the course of your employment. This means that even if the accident was partly your own fault, you may still be entitled to benefits under 820 ILCS 305.
What should I do right after a workplace injury in Tinley Park?
Report your injury to your employer as soon as possible, and always within 45 days of the accident. Seek medical attention right away and keep records of all your treatment. Do not give a recorded statement to your employer’s insurance company without speaking to an attorney first. Contact Briskman Briskman & Greenberg to discuss your case before you sign anything.
Can I be fired for filing a workers’ compensation claim in Illinois?
Illinois law prohibits employers from retaliating against workers for filing a workers’ compensation claim. If your employer fires you, demotes you, or treats you unfairly because you filed a claim, that is illegal. You may have a separate legal claim for retaliatory discharge on top of your workers’ compensation case. An attorney can advise you on your rights if this happens.
What if my workers’ compensation claim is denied?
A denial is not the end of the road. Under 820 ILCS 305/19, disputed claims are heard before an Arbitrator appointed by the Illinois Workers’ Compensation Commission. You have the right to present evidence, call witnesses, and argue your case. Having an experienced workers’ compensation attorney represent you at this stage greatly improves your chances of a successful outcome.
How long does a workers’ compensation case take to resolve in Illinois?
The timeline varies depending on the severity of your injury and whether your employer disputes the claim. Some cases settle in a few months, while others that go to arbitration can take a year or more. The average Temporary Total Disability claim in Illinois lasts about 19 weeks. An attorney can help move your case forward efficiently and make sure you are not left waiting longer than necessary for the benefits you need.
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