Workers’ Compensation

Reputable Workers’ Comp Law Firm in Downtown Chicago

Chicago workers’ compensation lawyer representation can make all the difference when you’ve been injured on the job.

Every year, more than 1,000 workers in the city of Chicago file claims for workers’ compensation benefits after getting hurt on the job. These benefits can be a lifeline for injured workers who are unable to work.

Unfortunately, insurance companies often make the process difficult, delaying or denying rightful benefits. At Rosenfeld Injury Law, our experienced legal team knows how to navigate the system and fight for your rights. With over $450 million recovered for injury victims, we’re here to help you get the compensation you deserve. Contact us today for a free consultation.

Settlements Recovered by Our Chicago Work Injury Attorneys

We have secured significant settlements for workers who suffered on-the-job injuries:

• $14.2 million settlement for four warehouse employees who were seriously hurt when the roof of their distribution center collapsed.
• $11 million wrongful death payout for the family of a temporary worker killed by a forklift.
• $7.4 million agreement for a woman who endured severe chemical burns while maintaining a storage tank at a food production facility.

These cases demonstrate our commitment to advocating for those affected by workplace negligence.

Understanding the Illinois Workers’ Compensation Act

Workers’ compensation in Illinois provides benefits for employees injured on the job, regardless of fault. It covers medical expenses, provides wage replacement, and eliminates the need for lawsuits.

Employers are required to carry workers’ compensation insurance, and injured workers must file workers’ compensation claims with the Illinois Workers’ Compensation Commission (IWCC). This system protects injured workers from retaliation for filing claims.

Differences from Personal Injury Claims

The difference between workers’ compensation and personal injury claims is that the first covers work-related injuries without proving fault, while the latter require suing another party and proving negligence. The claims can sometimes be filed simultaneously.

Exceptions to Claiming Workers’ Compensation Benefits

The Illinois Workers’ Compensation Act (820 ILCS 305) outlines the rules for claims and benefits. In the following situations, workers’ compensation benefits are not available:

• Employer’s lack of insurance
• Self-inflicted injuries
• Employee violations
• Employee intoxication

Workers Excluded from Coverage

Certain injured workers are not covered by Illinois workers’ compensation, including:

• Business owners
• Independent contractors
• Casual workers
• Farm workers
• Maritime workers
• Domestic workers in private homes
• Railroad employees
• Unpaid volunteers

Types of Workers’ Compensation Cases We Handle

Our Chicago workers’ compensation attorneys have decades of experience advocating for clients injured in all types of workplace accidents.

Manufacturing jobs often involve heavy machinery, hazardous materials, and fast-paced environments. Some places where industrial accidents such as plant explosions happen include:

• Caterpillar Inc.
• John Deere
• ArcelorMittal
• Abbott Laboratories
• Boeing

Warehouse and distribution workers are frequently exposed to high-shelve, fast-moving operation, and heavy machinery accidents. Common locations where these warehousing accidents occur include:

• Walgreens Distribution Centers
• Walmart Distribution Centers
• Amazon Fulfillment Centers
• UPS
• FedEx
• Coca Cola
• Home Depot

Construction workers face some of the most dangerous working conditions in all industries, such as electrocution. Examples of where construction accidents occur in the Chicago area include:

• Power Construction
• Turner Construction
• Walsh Group
• Clayco
• Pepper Construction

Transportation workers carry the responsibility of moving goods and people safely, but their roles often come with a high likelihood of injury from vehicle accidents, heavy lifting, and repetitive motions. Transportation incidents often occur within the following companies and locations:

• United Airlines
• Metra
• Chicago Transit Authority (CTA)
• BNSF Railway
• CSX Transportation
• Delta Air Lines

Agricultural work requires long hours of physical labor, often under extreme weather conditions. The use of heavy farming equipment and exposure to environmental hazards further elevate the risks. Some examples of locations where agriculture injuries occur on the job include:

• Archer Daniels Midland (ADM)
• Monsanto
• Deere & Company
• Cargill
• Pioneer Hi-Bred International

Health professionals face unique challenges and risks on the job. If you’ve been injured on the job in any of the following locations, we’re here to help:

• Northwestern Medicine
• University of Chicago Medical Center
• Rush University Medical Center
• Advocate Health Care
• Cook County Health & Hospitals System

Employees are vulnerable to repetitive stress injuries, accidents involving hot equipment, and slips from wet/greasy floors. These issues happen in locations like:

• McDonald’s Corporation
• Hyatt Hotels Corporation
• Marriott International
• Lettuce Entertain You Enterprises
• Hilton Hotels

Retail workers are exposed to frequent lifting, long periods of standing, and safety risks from crowded environments, making injuries a concern. Common locations where retail store accidents occur include:

• Walgreens Boots Alliance
• Target
• Walmart
• Jewel-Osco
• Costco
• Lowe’s

Public safety employees perform critical roles in protecting and serving others, but these jobs often come with high injury risks, from physical altercations to exposure to hazardous materials. These incidents often occur in the following occupations/locations:

• Chicago Police Department (CPD)
• Chicago Fire Department (CFD)
• Cook County Sheriff’s Office
• Chicago Emergency Medical Services (EMS)
• Illinois Department of Corrections – Cook County Division

Accidents can occur in any workplace, regardless of the industry or job type. Some other common injury locations include:

• McDonald’s Corporation
• Walgreens Boots Alliance
• State Farm Insurance
• Allstate Insurance Company
• Exelon Corporation

Our workers’ compensation lawyers offer support to injured workers throughout Illinois, including laborers, roofers, steamfitters, and teachers, helping them secure the benefits and lost wages they deserve.

Benefits Available to Injured Workers in Chicago

Injured employees are entitled to many types of workers’ compensation benefits, often including:

• Medical Expenses: All necessary medical expenses related to workplace injuries. This includes medication, physical therapy, surgeries, equipment, and hospital care, with no deductibles or co-insurance.
• Lost Earnings: If you miss work for over three days because of an injury, you may get up to two-thirds of your weekly wages.
• Vocational Rehabilitation Benefits: If your injury prevents you from returning to your old job, you may receive training, education, or job-placement help.
• TPD Benefits (Temporary Partial Disability): Employees with reduced work duties or earning less after an injury may receive two-thirds of the wage difference.
• TTD Benefits (Temporary Total Disability): Employees unable to work temporarily can get temporary total disability benefits, which is two-thirds of their average weekly pay.
• PPD Benefits (Permanent Partial Disability Benefits): PPD benefits usually include scheduled awards that generally offer a fixed percentage of your lost wages over a defined period. For unscheduled injuries, benefits are determined by disability rating.
• PTD Benefits (Permanent Total Disability Benefits): Workers who are permanently unable to work again are eligible for ongoing payments for permanent total disability. These disability payments are paid for life.
• Death Benefits: If an injured employee dies because of a workplace injury, family members can receive death benefits up to two-thirds of the worker’s average wages, as well as compensation for funeral arrangements.

Understanding the benefits you can get from a workers’ compensation claim can help you get the support you need after a workplace injury.

What to Do If You Have Been Injured on the Job in Chicago

The things you do (and avoid doing) after a workplace accident can have a huge impact on workers’ compensation claims.

• Report the accident promptly. Notify your employer as soon as possible. Illinois workers’ compensation laws require injuries to be reported within 45 days.
• Get medical attention right away. See a doctor or hospital immediately. Consider visiting Northwestern Memorial Hospital’s Emergency Department, located at 251 E Huron St, Chicago, IL 60611, for professional medical care.
• Document everything. Take photos of the accident scene and your injuries. This can show the connection between your job and your personal injury.
• Ensure your employer files the proper report. Confirm that they’ve submitted your injury report to the Illinois Workers’ Compensation Commission.
• Avoid direct communication with the insurer. Don’t speak to the employer’s workers’ compensation insurance company. Any conversations with them can be used against you.
• Consult a knowledgeable Chicago workers’ compensation attorney. Workers’ compensation lawyers handle negotiations and fight to secure Illinois worker’s compensation benefits.

These steps can help you safeguard your rights and focus on healing while navigating the workers’ compensation claim process.

The Role of Workers’ Compensation Attorneys

Over the years, some insurance companies have tried bending the workers’ compensation system to reduce their own costs. This can include finding ways to force injured employees into quick settlements that don’t come close to covering their losses, denying claims outright, or dragging out the process in hopes people will give up.

A workers’ compensation attorney helps level the playing field by making sure your claim is fully and fairly evaluated by calculating your average weekly wages and evaluating your injuries. They hold insurers accountable, fight for the Illinois workers’ compensation benefits you’re entitled to, and help you navigate a system that sometimes seems stacked against workers.

Third-Party Claims for Work-Related Accidents in Chicago

If someone other than your employer played a part in your personal injury, you might be able to pursue extra compensation outside the workers’ comp system by filing a third-party claim. Examples include:

• Motor Vehicle Accidents: A negligent driver who caused a crash while you were on the job could be held liable.
• Defective Products: If a faulty tool or dangerous product led to your accident, the manufacturer may bear responsibility.
• Toxic Substances: Product makers or distributors might be accountable if exposure to harmful chemicals caused your personal injury.
• Contractors: Another contractor on the job site who created unsafe conditions could be pursued in a separate claim, often through occupational accident insurance instead of workers’ compensation.
• Property Owners: If you’re hurt on someone else’s property while performing job-related duties, they may be liable for hazards through a third-party lawsuit.
• Maintenance Providers: Failing to properly service equipment, machinery, or building facilities may result in civil liability for any resulting injuries or damages.

Through these lawsuits, our third-party claim workplace injury lawyers can help you recover damages that workers’ compensation doesn’t cover, such as pain and suffering, potentially resulting in a higher settlement.

Industries With Special Workers’ Protection Laws

In Illinois, most employers with at least one employee are legally obligated to carry workers’ compensation benefits. However, certain industries are not required to opt into the Illinois workers’ compensation system and have their own special protections.

• Railroad workers are covered by the Federal Employers’ Liability Act (FELA). A Chicago FELA lawyer can recover economic and non-economic awards if a worker can prove that the railroad company was negligent and contributed to their work injury.
• Seamen who work aboard or in support of a navigable vessel are covered by the Jones Act. A Jones Act attorney can help secure maintenance and cure benefits when a seaman is injured.
• Chicago Police officers are covered by the city’s separate Pension System in place to help officers recover compensation and disability benefits when they’re injured in the line of duty.

The Statistics of Work Injuries and Accidents in Illinois

Workplace injuries and fatalities remain a concern for workers and employers in Illinois. Below are some Illinois workers’ compensation statistics:

• Nationwide, there were 5,283 fatal workplace injuries recorded in 2023
• Illinois accounted for 145 of these fatalities in 2023.
• Transportation-related incidents were the leading cause of Illinois workplace fatalities, responsible for 38% of deaths.
• Falls, slips, and trips caused 17% of worker deaths in Illinois.
• Acts of violence in the workplace also accounted for 17% of fatalities in Illinois.
• Men represented 89% of work-related deaths in Illinois.
• Workers aged 25 to 54 made up the majority of fatalities in Illinois at 55%.
• Workers aged 55 to 64 accounted for 26% of on-the-job deaths in the state.

These figures underline the reality that workplace accidents can impact anyone.

Common Injuries Sustained in Work-Related Accidents

Our Chicago workers’ compensation lawyers are here to help you pursue benefits for injuries such as:

• Broken bones
• Cuts and lacerations
• Repetitive motion injuries
• Repetitive stress injuries
• Carpal tunnel syndrome
• Occupational illness or disease
• Spinal cord injuries
• Traumatic brain injuries
• Concussion
• Paralysis
• Nerve damage
• Amputation
• Crushing injuries
• Burn injury
• Wrongful death of a loved one

Workers’ Compensation FAQs

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

The Illinois statute of limitations for filing a workers’ compensation claim is generally 3 years from the date of injury or 2 years from the last payment of compensation (820 ILCS 305/6), whichever is later. Failing to file within this timeframe may result in losing your right to benefits.

How do I start a work injury claim?

Tell your employer about your personal injury right away. They should help you file with the Illinois Workers’ Compensation Commission. If they don’t cooperate, consult a Chicago workers’ compensation lawyer.

Can I get fired if I file for workers’ compensation benefits?

It’s illegal for an employer to punish or fire an employee simply for filing a workers’ compensation claim. However, if you have concerns about retaliation, speak with a Chicago workers’ compensation lawyer.

Does workers’ compensation cover only injuries sustained in an accident?

Workers’ compensation can cover accidents as well as injuries that develop over time, such as repetitive stress conditions. As long as the injury is related to your job, it could be covered.

Am I eligible for workers’ compensation if I work from home?

If you’re injured while performing job-related tasks at home, you can still qualify. The main issue is proving that your injury happened during work duties.

Can I sue my employer in court over a work-related injury?

Generally, workers’ compensation laws prevent you from suing your employer directly. However, certain exceptions, like intentional misconduct or lack of insurance, might allow for a personal injury lawsuit if you’re injured on the job.

Do I need a lawyer to file a workers’ comp claim?

While you can file on your own, a Chicago workers’ compensation lawyer can help if your claim is disputed or becomes complicated.

Can I consult my own doctor?

In Illinois, you should be able to choose the doctor you see after a work-related injury.

What is an Independent Medical Examination (IME)?

An IME is when an outside doctor reviews your injury or condition for the employer’s insurance company. They assess your injuries and medical treatment plan.

Who pays workers’ compensation benefits?

Employers usually carry insurance, and the insurance company pays medical bills and the costs for your medical treatment and wage replacement.

What will be the value of my workers’ comp claim?

The amount depends on factors like how serious your injury is and the cost of your medical bills. Lost wages, disability rating, and future treatments can also influence the total. You can use our workers’ comp settlement calculator and contact us for a free case evaluation for a better estimate.

When will I start receiving workers’ compensation benefits?

In Illinois, workers’ compensation payments often begin after a three-day wait, starting from the day you can’t work. If you’re off more than 14 days, you’re paid for those first three days too. You can take legal action if your workers’ compensation claim benefits are too late.

How long does it take to settle a workers’ compensation case?

In some workers’ compensation cases, a resolution might come within a few months, while others can take longer, particularly if there are major disagreements over benefits.

Should I sign a release from the workers’ comp insurance company?

You should be cautious about signing any release without fully understanding what you’re giving up. Consider consulting a workers’ compensation lawyer before signing anything to avoid waiving important rights.

What can compromise a workers’ compensation claim?

Delays in reporting, lying about how you got hurt, or being under the influence at the time can weaken your case. Being an independent contractor typically disqualifies you from these benefits as well.

How much does it cost to hire a workers’ compensation attorney?

At Rosenfeld Injury Law, we work on a contingency fee basis. You pay nothing upfront; our fee is taken from the settlement if we win your workers’ compensation claim.

Can a positive drug test affect my Illinois workers’ compensation claim?

A workers’ comp drug test might complicate things if the insurer blames your injury on drug use. However, you may still qualify for benefits if you prove the substances didn’t cause or worsen the incident.

Contact a Chicago Workers’ Compensation Attorney Today!

Rosenfeld Injury Law is a top-rated Chicago personal injury law firm with decades of experience litigating complex workers’ compensation disputes. We’ve helped our clients win over $450 million in damages.

Whether you’re seeking benefits for the first time or need to appeal a denial, our Illinois workers’ compensation lawyers can provide the guidance and support you need to win. Contact our workers’ compensation law office toll-free at (888) 424-5757 to schedule a free consultation today

Our downtown office, near the Richard J. Daley Center, Dirkson United States Courthouse, and the Chicago Workers’ Compensation Commission, offers convenient access from Aurora, Joliet, and Waukegan via I-90, I-94, and I-290.

Rosenfeld Injury Lawyers

225 W Wacker Dr #1660
Chicago, IL 60606
Phone: (847) 835-8895

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.