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Chicago Workers’ Compensation Lawyers for Burn Injuries

A burn injury at work can change your life in an instant. Whether you work along the industrial corridors near the Calumet River, in a manufacturing plant on Chicago’s South Side, or in a commercial kitchen in the Loop, a serious burn can mean weeks or months away from work, painful medical procedures, and lasting scars. If this happened to you, the Chicago personal injury lawyer team at Briskman Briskman & Greenberg is ready to help you pursue the full benefits you are owed under Illinois law. This page explains how burn injury workers’ compensation claims work in Chicago, what the law requires, and what you can do right now to protect your rights.

Table of Contents

How Common Are Workplace Burn Injuries in Chicago and Illinois?

Burn injuries happen across nearly every industry in Chicago. Construction workers near the Dan Ryan Expressway corridor, welders at steel fabrication shops, restaurant cooks in River North, and factory employees throughout the Chicago metro area all face real burn 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. Burns are a significant part of that total. Three supersectors, trade, transportation and utilities, education and health services, and manufacturing, accounted for 74 percent of all occupational injuries and illnesses in the state. Those are exactly the industries where burn hazards are most common.

The Occupational Safety and Health Administration (OSHA) has reported that work-related fires and explosions account for more than 5,000 burn injuries requiring hospitalization each year across the United States. Roughly 200 of those injuries prove fatal. These numbers are a clear signal that burn hazards remain a serious, ongoing problem for workers in Chicago and across Illinois.

Burns happen in many ways on the job. Thermal burns come from open flames, steam, hot equipment, or heated surfaces. Chemical burns result from contact with acids, industrial solvents, or corrosive cleaning agents. Electrical burns occur when a worker contacts an uncontrolled current or arc flash. Illinois law specifically recognizes businesses where molten metal, explosive or injurious gases, inflammable vapors, or corrosive acids are manufactured, used, generated, stored, or conveyed as covered workplaces under the Workers’ Compensation Act. If your job involves any of these hazards, you are in a covered workplace under Illinois law.

The reality is that many of these injuries are preventable. When employers skip safety training, fail to maintain equipment, or ignore OSHA standards, workers pay the price. Understanding your rights is the first step toward getting the benefits you deserve.

What Illinois Law Covers Workplace Burn Injury Claims

The Illinois Workers’ Compensation Act, 820 ILCS 305, is the primary law that governs burn injury claims for workers in Chicago. This Act creates a no-fault system, meaning you do not have to prove your employer did anything wrong to qualify for benefits. You only need to show that your burn injury arose out of and in the course of your employment.

All injuries arising out of and in the course of employment are covered under 820 ILCS 305/2. They must have their origin in some risk connected with, or incidental to, the employment as to create a causal connection. For most burn victims, that standard is straightforward to meet.

Under Section 8 of the Illinois Workers’ Compensation Act, your employer is required to pay for all necessary first aid, medical, and surgical services. This includes skin graft surgeries, wound care, occupational therapy, and any other treatment reasonably required to cure or relieve the effects of your burn. The employer must also pay for vocational rehabilitation if your burn prevents you from returning to your former job.

The Act also addresses disfigurement directly. Under Section 8(c) of 820 ILCS 305, serious and permanent disfigurement to the hand, head, face, neck, arm, leg below the knee, or chest above the axillary line entitles an injured worker to additional compensation. That disfigurement benefit can reach up to 162 weeks of compensation at the applicable rate. This provision matters enormously for burn victims, since burns frequently leave visible, permanent scarring on exactly these body parts.

If your employer does not carry workers’ compensation insurance, the Illinois Workers’ Compensation Act also establishes the Injured Workers’ Benefit Fund to pay compensation to workers in that situation. The Fund ensures that an uninsured employer cannot simply leave you without benefits after a serious burn injury.

What Benefits Can You Receive After a Workplace Burn Injury in Chicago

The Illinois Workers’ Compensation Act provides several categories of benefits for burn injury victims. Knowing what you are entitled to helps you make sure nothing is left on the table when your claim is filed.

Medical benefits cover all reasonable and necessary treatment. This includes emergency room care, hospitalization, skin grafts, reconstructive procedures, physical therapy, and prescription medications. 820 ILCS 305 grants injured employees the ability to pursue benefits for medical expense coverage, including surgeries, skin grafts, and rehabilitation, as well as temporary total disability (TTD) benefits, temporary partial disability (TPD) benefits, permanent partial disability (PPD) benefits, permanent total disability (PTD) benefits, and vocational rehabilitation costs for any necessary training to learn a new role.

Temporary Total Disability (TTD) benefits replace a portion of your lost wages while you cannot work at all. Under the Illinois Workers’ Compensation Act, TTD pays two-thirds of your average weekly wage. If you are able to return to work in a reduced capacity during recovery, Temporary Partial Disability (TPD) benefits make up the difference between your reduced earnings and your pre-injury wages.

If your burn leaves you with a permanent impairment, you may qualify for Permanent Partial Disability (PPD) or Permanent Total Disability (PTD) benefits. PPD benefits are calculated based on the percentage of disability to the person as a whole. The Illinois Workers’ Compensation Commission administers a system where permanent disability is calculated as a percentage-of-person disability, with payments at 60% of average weekly wage for the applicable number of weeks.

On top of disability benefits, the disfigurement provision under Section 8(c) of the Act gives burn victims a separate avenue for compensation when scarring is visible and permanent. Disfigurement is calculated at the permanent partial disability rate, up to a maximum of 162 weeks. This is a benefit that many workers miss without proper legal guidance, and it can add significant value to a burn injury claim.

Deadlines and Steps You Must Take After a Workplace Burn in Chicago

Acting quickly after a workplace burn injury is critical. Illinois law sets firm deadlines, and missing them can eliminate your right to benefits entirely.

First, 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). Do this in writing and keep a copy for your records. If you were burned at a job site near Millennium Park, at a plant in Bridgeport, or anywhere else in the Chicago area, that 45-day window starts from the date of your injury.

Second, get medical treatment right away. Tell your treating doctor that the burn happened at work. Accurate medical records are the foundation of any workers’ compensation claim. Photograph your injuries, the scene of the accident, and any equipment or chemicals involved if it is safe to do so.

Third, file a claim with the Illinois Workers’ Compensation Commission (IWCC). The IWCC is the state agency that administers workers’ compensation claims in Illinois. 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). Three years sounds like a long time, but burn injury cases involve complex medical treatment timelines, and delays in filing can create problems for your claim.

If your employer or their insurer denies your claim or disputes the extent of your injuries, you have the right to a hearing before the IWCC. An experienced work injury attorney can represent you at that hearing and fight for the full benefits the law provides.

Contact Briskman Briskman & Greenberg at (312) 222-0010 as soon as possible after your burn injury. The sooner you get legal guidance, the better positioned you will be to protect your claim.

Third-Party Claims After a Workplace Burn Injury in Chicago

Workers’ compensation is not always the only legal option after a burn injury. In some cases, a party other than your employer caused or contributed to your burn, and you may have a separate civil claim against that party.

Think about a construction worker burned near a project along the Chicago Riverwalk because a subcontractor’s equipment was defective, or a factory worker on the Northwest Side burned by a chemical product that was improperly labeled by its manufacturer. In both situations, the injured worker can pursue workers’ compensation benefits from their employer and also bring a third-party claim against the negligent party.

Under the Illinois Workers’ Compensation Act, Section 5(b) of 820 ILCS 305 allows an injured employee to pursue legal proceedings against a third party whose negligence caused the injury, even while the employer is paying workers’ compensation benefits. A third-party civil claim can recover damages that workers’ compensation does not cover, including pain and suffering and the full value of lost future earnings.

Potential third parties in burn injury cases include equipment manufacturers, chemical suppliers, property owners, and negligent contractors. If a defective product caused your burn, the Illinois product liability framework may allow a claim against the manufacturer. If a property owner’s failure to maintain safe conditions led to your injury, the Illinois Premises Liability Act, 740 ILCS 130, may apply.

A workers’ compensation lawyer can evaluate whether a third-party claim exists alongside your workers’ comp case. These claims are handled separately, but they can significantly increase the total recovery available to a seriously burned worker. Briskman Briskman & Greenberg handles both types of claims and can assess all available options for your specific situation.

Why Burn Injury Claims Get Denied and How to Fight Back

Insurance companies and employers deny burn injury claims for a variety of reasons. Understanding the most common disputes helps you prepare and respond effectively.

One frequent reason for denial is a dispute over whether the injury happened at work. If there are no witnesses or the incident was not immediately reported, an insurer may argue the burn occurred somewhere else. This is why reporting your injury in writing on the day it happens is so important.

Another common dispute involves the severity of the injury. Insurers may argue that your burn is less serious than your medical records suggest, or that you have reached maximum medical improvement sooner than your treating doctor believes. They may also send you to an independent medical examination (IME), where a doctor chosen by the insurer evaluates your condition. IME opinions often favor the employer, which is why having your own medical documentation and legal representation matters.

Claims are also denied when employers argue that the injury did not arise out of employment, that the worker was violating a company policy, or that the injury was self-inflicted. These defenses exist under Illinois law, but they are not easy for employers to prove when the facts show a genuine workplace accident.

If your claim is denied in Illinois, you have the right to appeal to the Illinois Workers’ Compensation Commission, and most denials are overturned with proper documentation. A workers’ compensation lawyer can gather the evidence needed to support your appeal, including medical records, witness statements, OSHA reports, and expert opinions on the cause and extent of your burn.

Do not accept a denial as the final word. Briskman Briskman & Greenberg has helped injured workers throughout the Chicago area challenge claim denials and recover the benefits they are legally owed. Call (312) 222-0010 to discuss your situation with our team.

Why Briskman Briskman & Greenberg Handles Chicago Burn Injury Workers’ Comp Claims

Burn injuries are among the most painful and life-altering injuries a worker can suffer. They often require multiple surgeries, months of rehabilitation, and long-term care for scarring and disfigurement. The financial pressure on injured workers and their families can be enormous. Briskman Briskman & Greenberg understands what is at stake, and we are committed to fighting for every benefit available under Illinois law.

Our firm represents injured workers throughout Chicago and the surrounding communities, from the North Shore to the South Side, from neighborhoods like Pilsen and Logan Square to industrial areas near O’Hare and the I-55 corridor. Whether your burn happened on a construction site, in a commercial kitchen, at a manufacturing plant, or anywhere else on the job, we can help.

We handle workers’ compensation claims from start to finish, including filing your application with the Illinois Workers’ Compensation Commission, gathering medical evidence, challenging IME reports, attending hearings, and negotiating settlements. We also evaluate whether a third-party claim exists alongside your workers’ comp case, giving you access to every avenue of recovery the law allows.

Attorney fees in Illinois workers’ compensation cases are regulated by the Illinois Workers’ Compensation Act, which limits contingency fees to a percentage of disputed amounts. You will not owe attorney fees on undisputed benefits, and our firm works on a contingency basis, meaning you pay nothing unless we recover benefits for you. There are no upfront costs to get started.

A workers’ compensation lawyer from our team will review your case at no charge and explain exactly what benefits you may be entitled to under Illinois law. We also serve clients in communities across the metro area, and a workers’ compensation lawyer from Briskman Briskman & Greenberg is available to meet with you wherever is most convenient. Call us today at (312) 222-0010 or reach out online to schedule your free consultation.

This page is published by Briskman Briskman & Greenberg, a personal injury and workers’ compensation law firm located at 351 W. Hubbard Street, Suite 650, Chicago, IL 60654. The content on this page is for general informational purposes only and does not constitute legal advice. Reading this page does not create an attorney-client relationship. Past results do not guarantee similar outcomes in future cases. Attorney fees in workers’ compensation cases are subject to the limitations set forth in the Illinois Workers’ Compensation Act, 820 ILCS 305.

FAQs About Chicago Workers’ Compensation for Burn Injuries

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

Under the Illinois Workers’ Compensation Act, 820 ILCS 305/6(d), you generally have three years from the date of your injury to file a claim with the Illinois Workers’ Compensation Commission, or two years from the date of the last compensation payment made to you, whichever is later. You must also notify your employer of the injury within 45 days of the accident under 820 ILCS 305/6(c). Missing the notice deadline or the filing deadline can bar your claim entirely, so it is important to act quickly after any workplace burn injury.

Can I receive workers’ compensation benefits for burn scarring and disfigurement?

Yes. Section 8(c) of the Illinois Workers’ Compensation Act specifically provides compensation for serious and permanent disfigurement to the hand, head, face, neck, arm, leg below the knee, or chest above the axillary line. Disfigurement benefits are separate from disability benefits and can reach up to 162 weeks of compensation at the applicable rate. Because placing a dollar value on disfigurement can be difficult, having an attorney advocate for a fair valuation is especially important in burn injury cases.

What if my employer’s insurance company denies my burn injury claim?

A denial from your employer’s insurer is not the end of your case. You have the right to appeal the denial by filing with the Illinois Workers’ Compensation Commission. The IWCC will schedule a hearing where an arbitrator reviews the evidence and decides whether benefits are owed. Most denied claims that are properly documented and legally supported are overturned. An attorney can gather the medical records, witness statements, and expert opinions needed to build a strong case for your appeal. Briskman Briskman & Greenberg handles IWCC hearings for injured workers throughout Chicago.

Can I sue a third party in addition to filing a workers’ compensation claim for my burn injury?

Yes, in many cases. If someone other than your employer caused or contributed to your burn injury, such as an equipment manufacturer, a chemical supplier, or a negligent subcontractor, you may have a separate civil claim against that party. Section 5(b) of the Illinois Workers’ Compensation Act, 820 ILCS 305, allows injured employees to pursue third-party legal proceedings alongside their workers’ compensation claim. A third-party civil claim can recover damages that workers’ compensation does not cover, including pain and suffering. An attorney can evaluate whether this option applies to your situation.

Do I have to prove my employer was negligent to receive workers’ compensation benefits for a burn injury?

No. The Illinois Workers’ Compensation Act is a no-fault system. You do not need to prove that your employer was careless or violated any safety rule. You only need to show that your burn injury arose out of and occurred in the course of your employment. Even if your employer took every reasonable safety precaution and the burn was accidental, you are still entitled to benefits under 820 ILCS 305. The only situations where benefits may be denied are when an injury is self-inflicted, occurs while the worker is committing a crime, or arises from conduct entirely outside the scope of employment.

More Resources About Work Injury Types

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Chicago lawyer, Paul A. Greenberg is a top-rated by Super Lawyers
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Top-rated lawyers at Briskman Briskman & Greenberg Personal Injury & Car Accident Lawyers are members of the Illinois State Bar Association
Top-rated lawyers at Briskman Briskman & Greenberg Personal Injury & Car Accident Lawyers are members of the Workers' Compensation Lawyers Association

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