If you or a loved one has been hurt on the job, first, nearly every employee in the State of Illinois is covered by our worker’s comp law, and if your Illinois employer sends you out of state for work, Illinois law still applies to your case. When a workplace injury occurs Illinois workers compensation law makes employers pay for reasonable and necessary related medical care that is aimed at treating the effects of the injury.
Lawyers typically get involved for a variety of reasons but one of the primary reasons is when the employer argues that a specific treatment is not “reasonable and necessary.” These problems can lead to numerous problems for the injured individual such as:
- The employee is injured
- They’re unable to return to work or to find another job because of their injury(s)
- They may not have savings or other income streams to pay their day-to-day bills and meet their financial obligations as a parent, spouse, roommate, etc.
With the help of a dedicated Rockford Illinois Workers Compensation attorney, you may be able to receive the compensation you deserve to aid in your recovery. By having a Rockford Workers Compensation lawyer on your side, we can argue for you to receive full reimbursement to cover all of your necessary medical treatment, and your lost wages.
Do I have a good workers comp case?
It depends, but if your injury occurred at work, and it was not the result of horseplay or roughhousing, you likely have a reasonably good workers compensation claim. In Illinois an employee does not have to show “fault” by their employer in order to recover for their work place injury. This of course is a trade off since our Illinois Workers Compensation statute does not allow the recovery of pain and suffering for general negligence that may lead to the injury of an employee.
What are some common Illinois Workers Compensation Claims?
We say claims because Workers Compensation disputes do not involve a law suit. Your employer provides workers compensation coverage and there is a specific format that such a claim is made, possibly argued, and resolved.
- Back Injuries: Back and/or Spinal injuries are extremely common injuries that occur at work. With even relatively low stress office jobs typically requiring some minimal/moderate office work anyone can potentially be injured from either repetitive or isolated activity that requires the lifting of some object(s) during the course of their employment. Further injuries involving the back or spine can result in long term health issues that can impact someone’s life for an indefinite period of time depending on the severity of the injury. A local orthopedic surgeon has stated to our office that at least half of his patient’s come in from either injuring their back while sleeping, or from low stress activities like sneezing, stepping awkwardly, or lifting something and “feeling” the injury as it occurs.
- Motor Vehicle Accidents: With contract employees being used more and more frequently, and with driving based careers on the rise people that move our economy along by being behind the wheel are faced with increased risks from automobile accidents that can lead to injuries that prevent them from being able to perform their job. If you or a loved one has been injured in an automobile accident while on the job, they may in fact have two cases. The potential workers compensation claim, and a possible personal injury suit if another party was responsible for the accident.
- Injuries from falls or falling: With our area heavily invested in the building and manufacturing trades our people are faced with a variety of risks when they clock in and perform their day to day activities at work. From falling in an office setting, to losing balance on scaffolding or a roof under construction. These relatively minor mishaps can lead to significant injuries if they occur at the wrong place.
- Catastrophic Accidents that lead to injury: With some careers involving hazardous equipment, heavy machinery, factory machinery, or other dangerous environments, many members of our workforce are at risk physically if a mistake occurs during the course of their employment that could significant injure them. From equipment failing, to a co-worker creating an unsafe work environment, mistakes that happen in these environments can lead to serious workers compensation claims.
When can I make a claim?
The State of Limitations on making a specific claim can vary but for MOST claims. You must file your claim within three years from the date of the event that caused your injury, or within two years from the last compensation payment you received, whichever is later.
Do I need a lawyer to file a Workers Compensation Claim?
More than 40,000 workers compensation claims are made in Illinois every year. Not every claim has a lawyer involved for the injured worker. If you or a loved one is going to forego legal representation and attempt to fight on your own, please visit the Illinois Workers’ Compensation Commission website to gather more information on how to address various issues that may relate to your claim.
What happens if my Application for Adjustment of Claim is denied?
If you have a Rockford work injury lawyer fighting for you we can appeal the denial and request a hearing on the appeal before a Commissioner. While most cases do not end up in arbitration this aspect of Workers Compensation law is more “law and order” than other parts of a case. For instance courtroom style testimony may be taken, witnesses may be interviewed, and a court reporter is present or listening and making a typed record of everything that is said. It’s important that you have a lawyer fighting for you that will prepare your case for all angles of attack from your employer so if they continually refuse to satisfy your claim, you will be well represented at an arbitration hearing to prove to the arbitrator the extent and/or circumstances that have surrounded your injury so that they can render a decision either for you, or for your employer.
Do I have to pay for a Workers Compensation lawyer up front?
No. A Rockford Worker’s Compensation Attorney will only be paid on a contingency. So if we cannot fight and earn a recovery for you, we do not get paid.
I’m a contract employee, or “1099-ed,” can I make a Worker’s Compensation claim?
Yes, although it may not be a successful claim. There are many ways that contract employees are not covered by Worker’s Compensation laws, however there are a variety of arguments that can be made to argue misclassification of the individual, to hopefully gain the protection of the law.
Contact a Skilled Attorney Today
As you can tell, there are a number of possible concerns on an Illinois Workers Compensation case. If you or a loved one has been injured at work or on the premises of your employer, and you want a lawyer who will fight for your interests and recovery, both in and out of the courtroom call us for a free, confidential, compassionate, in-depth, and most importantly, thorough consultation with a Rockford Workers Comp lawyer handling cases in Rockford, Belvidere, Freeport, Rochelle, Oregon, Loves Park, Machesney Park, Byron, Roscoe, Rockton, and other communities throughout Northern Illinois.
We offer telephone, in-office consultations, and routinely make visits to client’s residences, hospital rooms, nursing homes, and other off-site locations to make retaining our services as easy as possible. We’ve had friends and family members who have been injured while at work and will treat you the very same as we pursue an aggressive defense of your workplace injury claim. Contact the Law Office of Paul M. Marriett office at (815) 391-0089 to schedule your free consultation about your personal injury case in Rockford, or use the contact form on this page to receive a response within 24 hours.
“Best lawyer I have ever had. Always on top of my case, keeping me updated. Worked with me on everything I needed and went above and beyond on my case. I would recommend him to anyone who needs help. He was phenomenal.” –Taylor, ★★★★★ [Google]