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Chicago Nurse Workers’ Compensation Lawyers

Nurses at Chicago’s major medical centers, from Northwestern Memorial Hospital near Streeterville to Rush University Medical Center in the Illinois Medical District, put their bodies on the line every single shift. They lift patients, manage crises, handle sharp instruments, and absorb physical and emotional stress that most workers never encounter. When an injury happens, Illinois law gives nurses a clear path to compensation, but the process is not always simple. Briskman Briskman & Greenberg has represented injured workers across the Chicago area for decades, and we understand what nurses need to protect their health, their income, and their future.

Why Nursing Is One of the Most Physically Dangerous Jobs in Illinois
What the Illinois Workers’ Compensation Act Requires for Injured Nurses
Common Injuries Nurses File Workers’ Compensation Claims For in Chicago
What Benefits Illinois Law Entitles Injured Nurses to Receive
How Briskman Briskman & Greenberg Helps Chicago Nurses Protect Their Rights
FAQs About Chicago Nurse Workers’ Compensation

Why Nursing Is One of the Most Physically Dangerous Jobs in Illinois

Nursing consistently ranks among the most hazardous occupations in the country, and the numbers back that up. Education and health services is one of three supersectors that together account for 74 percent of occupational injuries and illnesses in Illinois, despite representing only 52 percent of employment. That imbalance tells you something important: healthcare workers, including nurses, carry a disproportionate share of the injury burden in this state.

Hospitals have high rates of nonfatal occupational injuries and illnesses. On average, U.S. hospitals recorded nearly three times the work-related injuries and illnesses for every 100 full-time employees compared with all U.S. industries combined. That gap is not a coincidence. It reflects the physical demands of patient care that no amount of training can fully eliminate.

Workplace violence occurs in healthcare settings almost four times as often as in private industry overall. Nurses and aides who have the most direct contact with patients are at higher risk. Whether a nurse is working the overnight shift in an emergency department on the West Side or caring for patients in a long-term care facility near O’Hare, the risks are real and documented.

Over 50 percent of injuries and illnesses reported among nursing assistants were musculoskeletal disorders. Back injuries from patient handling, shoulder strains from lifting, and knee injuries from constant movement on hard floors are among the most common claims nurses file. These are not minor inconveniences. They can end careers.

The physical toll of nursing also includes needlestick injuries, exposure to infectious diseases, chemical exposure from sterilants and medications, and slip-and-fall accidents on wet hospital floors. Each of these injury types can support a valid workers’ compensation claim under Illinois law, and a Chicago workers’ compensation lawyer can help you understand exactly what your claim is worth.

What the Illinois Workers’ Compensation Act Requires for Injured Nurses

The Chicago personal injury lawyer community often sees nurses who are unsure whether their injuries are covered. The answer, in most cases, is yes. The Illinois Workers’ Compensation Act, 820 ILCS 305, covers virtually all employees in the state, including registered nurses, licensed practical nurses, certified nursing assistants, and travel nurses placed with Illinois employers.

Under Section 8 of the Illinois Workers’ Compensation Act (820 ILCS 305/8), your employer must pay for all necessary medical care related to a work injury. This includes first aid, doctor visits, surgery, hospital stays, and rehabilitation. The law requires the employer to cover “all necessary first aid, medical and surgical services” and any treatment “reasonably required to cure or relieve from the effects of the accidental injury.” That is a broad mandate, and it applies to nurses just as it applies to construction workers or factory employees.

The Act also requires employers to pay for vocational rehabilitation if a nurse cannot return to her prior position. If a back injury prevents a nurse from lifting patients, the employer may be responsible for retraining costs. This matters enormously for nurses whose physical limitations make returning to bedside care impossible.

Under Section 6 of the Act (820 ILCS 305/6), you must notify your employer of a work injury no later than 45 days after the accident. Waiting too long can jeopardize your claim. You generally have three years from the date of injury to file a formal claim with the Illinois Workers’ Compensation Commission, the state agency that adjudicates these disputes. If your employer has paid any benefits, you may have two years from the date of the last payment, whichever deadline is later, per 820 ILCS 305/6(d).

Common Injuries Nurses File Workers’ Compensation Claims For in Chicago

The types of injuries nurses suffer are wide-ranging, but certain patterns appear repeatedly in workers’ compensation claims filed by healthcare workers across Chicago. Understanding these categories helps nurses recognize when they have a compensable claim.

Back and spinal injuries are the most frequent. Patient handling alone accounts for some of the highest incidence rates of injuries in healthcare settings. Repositioning a patient in bed, transferring someone from a wheelchair to a gurney, or catching a falling patient can herniate a disc or tear a muscle in an instant. These injuries often require surgery and months of physical therapy.

Shoulder and rotator cuff injuries follow a similar pattern. Repeated overhead lifting and awkward reaching motions wear down the shoulder joint over time. A nurse who develops a rotator cuff tear after years of patient handling has a legitimate occupational injury claim, not just a personal health problem.

Workplace violence injuries are increasingly common. The rate of serious workplace violence incidents was more than four times greater in healthcare than in private industry on average, and healthcare accounts for nearly as many serious violent injuries as all other industries combined. A nurse struck by a patient or assaulted during a psychiatric episode has the same right to workers’ compensation as a worker injured by a machine.

Needlestick injuries and infectious disease exposure also generate valid claims. A nurse who contracts hepatitis B or C from an accidental needlestick suffered that injury in the course of employment. Illinois law covers occupational diseases under the Workers’ Occupational Diseases Act (820 ILCS 310), which applies when a disease arises out of conditions specific to the job. A workers’ compensation attorney can help determine whether your condition qualifies under this statute.

Slip-and-fall accidents on wet floors, trip hazards in busy hallways, and falls while rushing to respond to a patient emergency also produce compensable injuries. These incidents happen in hospitals and clinics throughout Chicago every day, from the medical corridor along West Harrison Street to community health centers in neighborhoods like Pilsen and Humboldt Park.

What Benefits Illinois Law Entitles Injured Nurses to Receive

Illinois workers’ compensation provides several distinct categories of benefits, and injured nurses are entitled to all that apply to their situation. Knowing what the law actually provides helps you hold your employer accountable for the full scope of what you are owed.

Medical benefits cover all reasonable and necessary treatment. Under 820 ILCS 305/8(a), your employer pays for medical care at a negotiated rate or according to the state fee schedule, whichever is lower. You have the right to choose your own treating physician. If your employer has a posted Panel of Physicians, you may be required to choose from that panel initially, but you always retain the right to select your own doctor after the initial treatment period.

Temporary Total Disability (TTD) benefits replace a portion of your wages while you are unable to work. Illinois pays TTD at two-thirds of your average weekly wage, subject to a state maximum. The average length of a Temporary Total Disability claim in Illinois is 19 weeks, which is significantly longer than the national average, reflecting the seriousness of many work injuries in this state.

If your injury results in a permanent impairment, you may be entitled to Permanent Partial Disability (PPD) or Permanent Total Disability (PTD) benefits. A nurse who loses significant use of her back, shoulder, or hand due to a work injury can receive PPD payments calculated under a schedule set by Illinois law. If the injury is so severe that she cannot perform any work, PTD benefits may apply.

The Illinois Workers’ Compensation Act also includes a penalty provision. Under 820 ILCS 305/19, if an employer or insurance carrier unreasonably delays or refuses to pay benefits, the Illinois Workers’ Compensation Commission can award an additional $30 per day for each day of delay, up to $10,000. A delay of 14 days or more creates a legal presumption that the delay was unreasonable. Do not let an employer or insurer stall your claim without consequences.

How Briskman Briskman & Greenberg Helps Chicago Nurses Protect Their Rights

Filing a workers’ compensation claim sounds straightforward, but the process has real pitfalls. Employers and their insurance carriers routinely dispute the cause of an injury, question whether it arose out of employment, or offer settlements that fall short of what the law allows. Nurses, who are trained to focus on others, often accept what they are told without questioning it. That can be a costly mistake.

Briskman Briskman & Greenberg represents injured nurses and other healthcare workers throughout the Chicago metropolitan area. Our firm handles cases from the initial claim filing through hearings before the Illinois Workers’ Compensation Commission, which is a 10-member body appointed by the Governor under 820 ILCS 305/13 that adjudicates disputed workers’ compensation claims. If your claim is denied or your benefits are cut off, we can represent you at every stage of the process.

We also look beyond the workers’ compensation system when the facts support it. If a defective piece of medical equipment caused your injury, a third-party product liability claim may be available in addition to your workers’ compensation benefits. If a contractor or other non-employer party created the hazard that hurt you, a separate personal injury claim may be possible. These third-party claims can result in compensation for pain and suffering, which workers’ compensation alone does not provide.

Our attorneys handle cases on a contingency fee basis, consistent with Illinois law. Under 820 ILCS 305/16, attorney fees in workers’ compensation cases are regulated and approved by the Illinois Workers’ Compensation Commission. You pay nothing unless we recover benefits for you. There are no upfront costs, no hourly fees, and no financial risk to you for getting legal help.

If you are a nurse who was injured at work anywhere in Chicago, from a hospital in the Loop to a clinic in Rogers Park or a nursing home near Midway Airport, call Briskman Briskman & Greenberg at (312) 222-0010 for a free consultation. You can also reach a workers’ compensation lawyer through our office to discuss your situation and your options. Nurses who work in the suburbs, including communities served through our workers’ compensation lawyer network in Berwyn and surrounding areas, are also welcome to reach out.

FAQs About Chicago Nurse Workers’ Compensation

Does Illinois workers’ compensation cover nurses who are injured by patients?

Yes. An injury caused by a patient, including an assault, a fall while assisting a patient, or a musculoskeletal injury from moving a patient, qualifies as a work-related injury under the Illinois Workers’ Compensation Act (820 ILCS 305). The injury must arise out of and in the course of your employment, and patient care activities clearly meet that standard. You do not need to prove that your employer was at fault. The workers’ compensation system is no-fault, which means your right to benefits does not depend on whether anyone did anything wrong.

What if my back injury developed gradually over years of nursing, rather than in a single accident?

Gradual injuries are covered. Under 820 ILCS 305/2, the definition of “accident” includes repetitive trauma. A back condition that developed from years of patient handling, lifting, and bending is a compensable injury under Illinois law. You will need medical documentation connecting your condition to your work activities, which is why it is important to tell your doctor about your job duties and how they contributed to your symptoms. An attorney can help you gather the evidence needed to support a repetitive trauma claim.

How long do I have to file a workers’ compensation claim after a nursing injury in Illinois?

Under 820 ILCS 305/6(d), you generally have three years from the date of your injury to file an Application for Adjustment of Claim with the Illinois Workers’ Compensation Commission. If your employer or its insurer has paid any compensation, you have two years from the date of the last payment, whichever deadline is later. However, you must also notify your employer of the injury within 45 days of when it occurred. Missing these deadlines can bar your claim entirely, so do not wait to take action.

Can my employer fire me for filing a workers’ compensation claim?

No. Illinois law prohibits employers from retaliating against employees for filing a workers’ compensation claim. Termination, demotion, reduction in hours, or other adverse actions taken because you filed a claim are illegal. If you believe your employer has retaliated against you, that is a separate legal claim you can pursue. Document any changes in your employment status after you file your claim and contact an attorney immediately. Employer retaliation is taken seriously by Illinois courts and the Workers’ Compensation Commission.

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 by an Arbitrator appointed by the Illinois Workers’ Compensation Commission. You have the right to present evidence, call witnesses, and argue your case. If the Arbitrator’s decision goes against you, you can seek review by the full Commission, and then appeal to the Illinois circuit courts. Having an attorney represent you at the arbitration stage significantly strengthens your position. Briskman Briskman & Greenberg handles denied claims and can guide you through every step of the appeals process. Call us at (312) 222-0010 to discuss your options.

This page is an advertisement for legal services. Briskman Briskman & Greenberg is responsible for this content. Our principal office is located at 351 W. Hubbard St., Suite 810, Chicago, IL 60654. Past results do not guarantee similar outcomes in future cases. Viewing this content does not create an attorney-client relationship.

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