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Chicago Workers’ Compensation Lawyers for Internal Injuries

Internal injuries from workplace accidents are among the most serious, and often the most misunderstood, injuries a worker can suffer. A blow to the abdomen on a construction site along the Chicago River, a crushing force from machinery at a Bridgeport factory, or a high-impact collision in a warehouse near I-55 can rupture organs, tear blood vessels, and cause life-threatening internal bleeding, all without a single visible wound. Workers who suffer these injuries deserve full legal protection, and the Chicago personal injury lawyer team at Briskman Briskman & Greenberg is ready to help you pursue every benefit you are owed under Illinois law.

What Counts as an Internal Injury in a Workers’ Compensation Claim
Common Causes of Internal Injuries at Chicago Workplaces
What Benefits Illinois Law Provides for Internal Injuries at Work
Deadlines and Steps to Protect Your Workers’ Compensation Claim in Illinois
Why Internal Injury Claims Are Often Disputed, and How an Attorney Can Help
FAQs About Chicago Workers’ Compensation for Internal Injuries

What Counts as an Internal Injury in a Workers’ Compensation Claim

Internal injuries are physical injuries to organs, blood vessels, or internal body structures that are not visible on the skin’s surface. They include ruptured spleens, lacerated livers, punctured lungs, kidney damage, internal bleeding, bowel perforations, and traumatic injuries to the heart or aorta. These injuries are just as real and just as compensable as a broken bone or an open wound, and Illinois law treats them that way.

Under the Chicago workers’ compensation lawyer framework governed by the Illinois Workers’ Compensation Act (820 ILCS 305), all injuries that arise out of and in the course of employment are covered. To obtain compensation under this Act, an employee bears the burden of showing, by a preponderance of the evidence, that he or she has sustained accidental injuries arising out of and in the course of the employment. That standard applies to internal injuries exactly the same way it applies to any other work injury.

Internal injuries are common in physically demanding jobs. Workers in Chicago’s steel mills, manufacturing plants, and construction zones near the Loop face daily risks from heavy equipment, falling objects, and high-force impacts. Even a single blunt-force event, like a forklift collision or a caught-in accident with machinery, can cause massive internal damage. The injury may not be obvious right away, which is one reason these cases are often disputed by employers or insurers.

Do not assume your injury is not covered because it does not show on the outside. If you felt pain after a workplace incident, sought medical care, and received a diagnosis of an internal injury, you likely have a valid workers’ compensation claim. The key is acting quickly and documenting everything from the moment the injury occurs.

Common Causes of Internal Injuries at Chicago Workplaces

Internal injuries happen across many industries, but certain types of workplace events cause them most often. Knowing the common causes helps workers recognize when they may be entitled to workers’ compensation benefits, even if their employer has not yet acknowledged the injury.

Blunt-force trauma is the leading cause. This includes being struck by a falling object at a construction site along the Magnificent Mile, being hit by a vehicle in a warehouse or loading dock, or being pinned between equipment and a fixed surface. Any of these events can compress the abdomen or chest with enough force to rupture an organ.

Crush injuries, which are closely related to internal injuries, occur when a body part or the torso is caught under or between heavy objects. Workers near the Illinois Medical District and in South Side manufacturing facilities face this risk regularly. A crush event can damage the kidneys, liver, or spleen without breaking the skin.

Falls from height, common among roofers, ironworkers, and construction crews working on Chicago’s high-rises, can cause the body to absorb an enormous impact on landing. The deceleration force alone can tear internal blood vessels or rupture hollow organs like the bladder or bowel.

Chemical exposure is another cause. Certain industrial chemicals can cause internal damage to the lungs, digestive tract, or other organs when inhaled or ingested. Workers in chemical processing facilities near Chicago’s industrial corridors along the Calumet River face this risk. Workplace vehicle accidents, including collisions involving forklifts or delivery trucks, are also a significant source of internal injuries across Cook County worksites.

What Benefits Illinois Law Provides for Internal Injuries at Work

The Illinois Workers’ Compensation Act (820 ILCS 305) provides a defined set of benefits to injured workers. For internal injuries, which often require emergency surgery, hospitalization, and extended recovery, those benefits can be substantial.

Medical benefits are the first and most immediate form of relief. Under Section 8(a) of the Illinois Workers’ Compensation Act (820 ILCS 305/8), your employer must pay for all necessary medical care required to cure or relieve the effects of your injury. This includes emergency room treatment, surgery, hospitalization, follow-up care, and any rehabilitation necessary for your physical recovery. The law does not cap the amount of medical treatment you can receive, as long as it is reasonably necessary.

Temporary Total Disability (TTD) benefits replace a portion of your lost wages while you are unable to work during recovery. TTD is calculated at two-thirds of your average weekly wage, subject to the maximum weekly benefit set by the Illinois Workers’ Compensation Commission (IWCC). Internal injuries often require weeks or months of recovery, making TTD benefits critical for workers and their families.

If your internal injury causes permanent damage, such as the loss of a kidney, permanent lung impairment, or lasting digestive complications, you may be entitled to Permanent Partial Disability (PPD) or Permanent Total Disability (PTD) benefits. These are calculated based on the nature and extent of your permanent condition.

Private industry employers reported 101,400 nonfatal workplace injuries and illnesses in Illinois in 2023, resulting in a total recordable cases incidence rate of 2.4 cases per 100 full-time equivalent workers. Many of those cases involved severe injuries requiring significant medical intervention. Workers with internal injuries often face some of the longest and most costly recoveries in that group, making it essential to secure every benefit available under the law.

Deadlines and Steps to Protect Your Workers’ Compensation Claim in Illinois

Missing a legal deadline can end your workers’ compensation claim before it ever begins. Illinois law sets firm time limits that every injured worker must follow, and internal injury cases are no exception.

Your first obligation is to report the injury to your employer. Under Section 6(c) of the Illinois Workers’ Compensation Act (820 ILCS 305/6(c)), notice of the accident shall be given to the employer as soon as practicable, but not later than 45 days after the accident. For internal injuries, this can be tricky because symptoms sometimes do not appear immediately. Report to your employer as soon as you connect your symptoms to a workplace event, even if you are still waiting on a formal diagnosis.

After reporting, you must file an Application for Adjustment of Claim with the Illinois Workers’ Compensation Commission (IWCC) if your claim is disputed or if you need to preserve your rights. The deadline is three years from the accident date, or two years from the last payment of compensation, whichever is later, under 820 ILCS 305/6(c). Do not wait until the deadline is close. Evidence becomes harder to gather as time passes.

Once you report the injury, your employer is required to provide medical care. Under the Illinois Workers’ Compensation Act, your employer may maintain a Panel of Physicians, which is a posted list of approved doctors from which you can choose your treating physician. You have the right to choose your own doctor from that panel, and in some circumstances, you may seek care outside the panel as well.

Document everything. Keep records of your medical visits, diagnoses, treatment plans, and all communication with your employer and their insurance carrier. If your employer denies your claim or disputes the connection between your injury and your work, a workers’ compensation attorney can help you build the evidence needed to fight back.

Why Internal Injury Claims Are Often Disputed, and How an Attorney Can Help

Internal injuries are frequently challenged by employers and insurance companies. The reasons vary, but the outcome is the same: injured workers are left without benefits they are legally owed. Understanding why these disputes happen is the first step toward fighting them.

Because internal injuries are not visible, insurers often question whether the injury actually occurred at work. They may argue that a pre-existing condition, not the workplace event, is responsible for the damage. They may also claim the injury was not severe enough to justify the treatment being sought. These arguments are common, and they are often made regardless of the medical evidence.

Internal injuries also tend to be expensive. Emergency surgery, a hospital stay at a facility like Rush University Medical Center or University of Chicago Medicine, and months of follow-up care add up quickly. Insurance carriers have financial incentives to minimize or deny these claims. That is why having a knowledgeable advocate on your side matters.

A workers’ compensation attorney can gather medical records, work with treating physicians to document the causal connection between your injury and your job, and represent you at hearings before the Illinois Workers’ Compensation Commission. If a third party, such as an equipment manufacturer or a contractor other than your direct employer, contributed to your injury, an attorney can also evaluate whether a separate third-party personal injury claim is possible alongside your workers’ compensation case.

Attorney fees in Illinois workers’ compensation cases are regulated by the Illinois Workers’ Compensation Act. Under the Act, fees are set by the IWCC and are generally limited to a percentage of the compensation recovered, so you do not pay out of pocket to get legal help. The attorneys at Briskman Briskman & Greenberg handle workers’ compensation cases on a contingency basis. If you have questions about how fees work in your case, call us directly at (312) 222-0010.

Workers in every corner of Chicago, from the industrial areas near Pilsen and Hegewisch to the construction zones along the Eisenhower Expressway, deserve fair treatment when they are hurt on the job. Whether you are filing a new claim or fighting a denial, a workers’ compensation lawyer at Briskman Briskman & Greenberg can review your situation and explain your options. If you are outside the city, our workers’ compensation lawyer team serves clients throughout the Chicago metropolitan area, including Berwyn, Aurora, and surrounding communities. Call (312) 222-0010 today to speak with someone who can help.

FAQs About Chicago Workers’ Compensation for Internal Injuries

Can I file a workers’ compensation claim for an internal injury if I did not realize I was hurt right away?

Yes. Internal injuries are not always immediately obvious. Symptoms like abdominal pain, dizziness, or shortness of breath may appear hours or even days after a workplace incident. Under the Illinois Workers’ Compensation Act (820 ILCS 305/6(c)), you must give notice to your employer as soon as practicable, but no later than 45 days after the accident. If you connect your symptoms to a work event, report it to your employer immediately and seek medical care. Delaying notice can put your claim at risk, so do not wait for a formal diagnosis before reporting.

What if my employer says my internal injury was caused by a pre-existing condition and not by my job?

This is a common defense, but it does not automatically disqualify your claim. Illinois workers’ compensation law covers injuries that arise out of and in the course of employment, including situations where a workplace event aggravated or worsened a pre-existing condition. The burden is on you to show, by a preponderance of the evidence, that your work contributed to the injury. Medical documentation and a clear account of the workplace event are essential. An attorney can help you build that case and counter the employer’s argument before the Illinois Workers’ Compensation Commission.

Does workers’ compensation cover emergency surgery for a ruptured organ caused by a work accident?

Yes. Under Section 8(a) of the Illinois Workers’ Compensation Act (820 ILCS 305/8), your employer must pay for all necessary medical and surgical services required to cure or relieve the effects of a work-related injury. Emergency surgery for a ruptured spleen, lacerated liver, punctured lung, or any other internal organ falls within this coverage. The law does not cap the amount of medically necessary treatment. Your employer or their insurance carrier is responsible for those costs, and they cannot lawfully refuse to pay for treatment that is reasonably required by your condition.

Can I sue my employer directly for causing my internal injury at work?

In most cases, no. The Illinois Workers’ Compensation Act is the exclusive remedy against your employer for work-related injuries. This means you cannot file a separate personal injury lawsuit directly against your employer. However, if a third party, such as an equipment manufacturer, a subcontractor, or another company’s employee, caused or contributed to your injury, you may be able to file a third-party personal injury claim in addition to your workers’ compensation claim. These cases require careful legal analysis. Contact Briskman Briskman & Greenberg at (312) 222-0010 to discuss whether a third-party claim applies to your situation.

What happens if my employer does not have workers’ compensation insurance?

Illinois law requires virtually all employers to carry workers’ compensation insurance. If your employer failed to obtain coverage, you are not left without options. The Illinois Workers’ Compensation Act established the Injured Workers’ Benefit Fund (IWBF), which exists specifically to pay workers’ compensation benefits to injured employees when their employer has failed to provide coverage and has failed to pay the benefits owed. The Illinois Attorney General’s office is charged with pursuing reimbursement from non-compliant employers. If you find yourself in this situation, contact an attorney right away to ensure your claim is filed properly with the Illinois Workers’ Compensation Commission.

This page is an advertisement for legal services. Briskman Briskman & Greenberg is responsible for this content. Past results do not guarantee similar outcomes in future cases. Each case is unique and must be evaluated on its own facts. Viewing this page does not create an attorney-client relationship. Briskman Briskman & Greenberg, 351 W. Hubbard St., Suite 810, Chicago, IL 60654. Phone: (312) 222-0010.

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