If you suffered injuries at work and are having issues filing a worker’s compensation claim, or you are not receiving adequate coverage from your worker’s compensation coverage, contact a Chicago workers compensation lawyer from TorHoerman Law for a free, no-obligation case consultation to discuss your legal options
You can use our chatbot to take an instant online case evaluation quiz to find out if you qualify for legal action right now, free of charge.
The Illinois Workers’ Compensation Commission strongly suggests you contact the Commission’s Insurance Compliance Division to provide the employer’s name and address, and the date of injury.
The Division can be reached at
email@example.com or at 312-814-6611, toll-free 866-352-3033.
Unlike other personal injury claims with a statute of limitations of two years, a workers’ compensation claim must be filed “within three years after an injury, death, or disablement from an occupational disease, or within two years of the last payment of TTD or a medical bills, whichever is later.”
However, there are special circumstances which are why hiring an attorney to represent you will be beneficial.
Each case is different and depends on the type of injury suffered.
If an injury prevents you from working, you will receive temporary disability benefits.
If the injury prevents you from working in that industry again, permanent disability benefits can be awarded.
Medical expenses and rehabilitative services will be paid for until deemed no longer necessary.
Your lawyer will walk you through the type of benefits you can receive from workers’ compensation.
Illinois workers’ compensation laws have recently changed.
If you were recently injured while on the job, it is important to know your choices, starting with a visit to the emergency room or doctor.
Companies have begun recommended doctors to employees injured, which are included in their Preferred Provider Program.
If you choose to see a doctor not included in the program or outside of the network, you may be forgoing your right to file a workers’ compensation claim and could be held responsible for any medical bills.
It is our recommendation that you take proactive steps should an injury, or death of a loved one, ever occur.
Contact the employer and ask about the Preferred Provider Program.
The employer can provide you with a list that you can keep handy should an accident happen.
Workers’ compensation laws were some of the first social legislation laws in the country.
In Illinois, the first law was passed in 1911, going into effect on May 1, 1912.
However, it was not until 1948 that every state in the United States had passed workers’ compensation legislation.
The Illinois Workers’ Compensation Commission is the official agency designated with presiding over all workers’ compensation claims.
According to the State of Illinois Workers’ Compensation Commission Fiscal Year 2016 Annual Report:
However, like most personal injury lawsuits, most workers’ compensation claims are settled prior to the initial arbitration.
Federal and state regulations aim to reduce the number of injuries and deaths at job sites and the Occupational Safety and Health Administration (OSHA) “routinely investigates and penalizes negligent employers”, but those repercussions have not prevented more injuries and deaths from occurring.
Apparently, the problem is even getting worse.
According to Fair Warning, the Bureau of Labor Statistics shows that 887 workers died in falls in 2017:
Regulating industries have attempted to educate both companies and employees on safety through a public awareness campaign, but those efforts seem to have made little difference.
The major problem?
Large companies adhere to safety standards and even go as far as sending their employees to safety classes, but the gap is with small companies who primarily work in residential construction.
The Center for Construction Research and Training says fatal falls more than doubled in residential construction between 2011 and 2015.
Chris Cain, the center’s executive director, said:
From 2011 to 2015, less than one-third of construction workers were employed by firms with 10 or fewer employees.
But this group accounted for over 60 percent of fall deaths in construction, according to the center.
“Each year, approximately 200,000 work-related accidents occur.”
The statistics do not lie – work-related accidents are unfortunately common, and in turn, workers’ compensation claims are also common.
Of those 200,000 accidents, 40,000-45,000 were filed with the Illinois Workers’ Compensation Commission in 2016.
In Chicago alone, 17,495 claims were filed, not including the surrounding suburbs such as Joliet or Geneva.
Many think work-related accidents only occur in construction.
But, in reality, there are many industries that, if an employee is injured, can fall under the Workers’ Compensation Commission.
Of course, construction is one of those industries, but there are also factories, railroads, trucking, and even organizations that employ union workers.
This is a difficult question to answer as each individual case is different, but if you have any damages as a result of the accident, you may qualify for a workers’ compensation lawsuit.
You may be wondering, “What are damages?”
According to The People’s Law Dictionary, damages are:
So, to put it plainly, damages can include a multitude of things.
Has your job-related injury resulted in any of the following?
If you answered yes to any of the above questions, you likely have a workers’ compensation lawsuit.
The party liable for your job-related injury should be held responsible for your suffering.
At this point, it is strongly recommended you contact a workers’ compensation attorney to discuss your options.
The legal industry can be difficult to navigate, as is the workers’ compensation industry.
Hiring an experienced, knowledgeable Chicago workers’ compensation lawyer who can help you through both processes will be beneficial.
It should come as no surprise that workers’ compensation laws were some of the first social legislation laws in the country.
When the industrial revolution was taking hold, workers worried an injury on the job could affect their financial well-being.
The laws were designed to protect the worker. Workers’ compensation laws safeguard:
If you suffer from an injury at work that impedes your ability to complete your daily duties at work, you may qualify for disability.
The three (3) primary types of disability are:
It is important to familiarize yourself with the differences in the three so that you know which disability you are eligible to receive.
Certain situations may arise where employers are not immune to legal action brought against them by employees.
Common situations where employees take legal action against employers are:
The Illinois Workers’ Compensation Act covers “most employees who are hired, injured, or whose employment is localized in the State of Illinois.”
The Act explains the rights of the injured worker.
According to the Handbook on Workers’ Compensation and Occupational Disease, by law, injured workers are entitled to:
The cap for disability payments is updated every six months and can be found on the Illinois Workers’ Compensation Commission website.
By law, employers are required to carry workers’ compensation insurance for their employees.
If an injury or death does occur, the employer is responsible for the cost of the workers’ compensation benefits.
If an employer fails to obtain insurance or pay for the workers’ compensation benefits for an injured employee, the employer is subject to substantial fines and penalties.
While an injured employee should absolutely file a claim to recover compensation for their suffering, there are specific situations when a workers’ compensation claim will be denied.
Those circumstances include:
Workers’ compensation claims are very time-extensive, convoluted matters which is why hiring a Chicago workers’ compensation lawyer is in your best interest.
At TorHoerman Law, our focus is to help those who have been injured through no fault of their own.
We want to help you receive the compensation you deserve.
As your lawyer, we can help and guide you through the legal process.
The first and most important thing you should do is seek medical attention.
Then, notify your employer of the injury.
Once those two things have been done, your lawyer will step in to guide you through the other necessary steps such documenting all evidence, including medical records and bills, reporting to the Illinois Workers’ Compensation Commission if hearings are scheduled, presenting evidence on your behalf, and working to negotiate your claim.
If you do not hire an attorney, you will have to do all of those aforementioned steps on your own which can potentially get messy as it is likely your employer will hire a lawyer to work on their behalf, too.
If you have any questions, our Chicago workers compensation lawyers are here to help.
“Census of Fatal Occupational Injuries Summary, 2017.” U.S. Bureau of Labor Statistics, U.S. Bureau of Labor Statistics, 18 Dec. 2018, www.bls.gov/news.release/cfoi.nr0.htm.
“Chart Book (6th Edition): Fatal and Nonfatal Injuries – Fatal Injuries from Falls to a Lower Level in Construction.” CPWR, The Center for Construction Research and Training, www.cpwr.com/chart-book-6th-edition-fatal-and-nonfatal-injuries-fatal-injuries-falls-lower-level-construction.
“Handbook on Workers’ Compensation and Occupational Disease.” Illinois.gov, Illinois Workers’ Compensation Commission, www2.illinois.gov/sites/iwcc/Documents/handbook.pdf.
“Illinois Workers’ Compensation Act.” Illinois.gov, The State of Illinois, www2.illinois.gov/sites/iwcc/about/Pages/workers.aspx.
“Make Fall Safety a Top Priority.” Slips, Trips, and Falls, National Safety Council, www.nsc.org/work-safety/safety-topics/slips-trips-falls.
“National Campaign to Prevent Construction Falls.” The National Institute for Occupational Safety and Health (NIOSH), Centers for Disease Control and Prevention, https://www.cdc.gov/niosh/construction/infographics.html.
“State of Illinois Workers’ Compensation Commission Fiscal Year 2016 Annual Report.” Illinois.gov, The State of Illinois, June 2017, www2.illinois.gov/sites/iwcc/Documents/2016AnnualReport.pdf.
Wolfe, Eli. “Job-Related Falls Should Be Easy to Prevent, But Workers Are Still Dying in Record Numbers.” FairWarning, 11 Apr. 2019, www.fairwarning.org/2019/04/workers-continue-to-die-in-falls/.
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