Workers’ compensation benefits can allow you to recover money to pay for medical care when you are injured on the job. Sometimes other types of claims are useful for injured workers.
Most work injuries are covered under workers’ compensation law. However, depending on the cause and circumstances surrounding your accident at work, you may be able to seek compensation from your employer or a third party for your injuries.
Understand your rights and get your case evaluated by an experienced Chicago personal injury attorney.
Call Mark L. Karno & Associates, LLC at (312) 701-0090 for your free personal injury consultation.
Injured in a Work Accident?
Contact an Attorney at Mark L. Karno & Associates, LLC Today
Your Legal Rights Under Chicago Workers’ Compensation Law
Illinois law may entitle you to total temporary disability (TTD) benefits for your work injury. TTD pays you two-thirds of your salary while you are away from work getting medical treatment and rehabilitation for your injury.
You may also be entitled to a lump sum of money to pay your medical bills. This will be based on the nature and extent of your injury. In some cases, you may also be entitled to getting your medical bills paid in the future, even after your workers’ compensation hearing. Every case is different.
When You Can File a Work Injury Lawsuit in Chicago
There are specific circumstances in which you may be able to file a personal injury lawsuit because of an injury received in your workplace. These include injuries caused by:
- A dangerous condition on the premises when your employer leases the building you work in and the owner of building is responsible for maintaining the property
- Defective equipment
- A subcontractor
- A third party
- Intentional actions of your employer
- Structurally unsound scaffolding or ladders
Auto accidents in the course of employment — be sure to contact a car accident attorney in Chicago if this type of injury applies to you or a loved one.
Other injuries may also allow you to file a personal injury lawsuit for compensation. The best way to understand your legal rights is to consult with an experienced injury attorney.
What Are Third-Party Work Injury Lawsuits?
A third-party lawsuit arises when someone other than the employer or a co-worker caused or contributed to the injury. These lawsuits are separate from workers’ compensation claims and may allow injured workers to pursue additional compensation that is not available through the workers’ compensation system. Common examples of third-party workplace injury claims include:
- Construction site accidents involving contractors or subcontractors: Construction projects often involve multiple companies working together. If another contractor’s negligence causes an injury, the injured worker may have a third-party claim.
- Defective equipment or machinery: Manufacturers may be responsible if faulty machinery, tools, or equipment cause a workplace injury.
- Motor vehicle accidents while working: Employees who are injured in traffic accidents while performing job duties may be able to file claims against negligent drivers.
- Property owner negligence: If a worker is injured on someone else’s property because of dangerous conditions, the property owner may be liable.
Third-party lawsuits can significantly increase the compensation available to injured workers because they allow recovery for damages that workers’ compensation does not cover, such as pain and suffering.
Can You File a Lawsuit Against an Employer for a Chicago Work Injury?
In most cases, injured workers in Illinois cannot sue their employer directly for workplace injuries. The Illinois Workers’ Compensation Act provides an exclusive remedy, meaning workers generally receive benefits through the workers’ compensation system. In exchange for these benefits, employees usually give up the right to sue their employer for negligence. However, there are limited circumstances in which a lawsuit may still be possible. For example:
- Intentional misconduct by the employer: If an employer intentionally causes harm to an employee, the worker may be able to pursue a civil lawsuit.
- Non-covered employers: Some employers who fail to carry required workers’ compensation insurance may lose the legal protections normally provided under the workers’ compensation system.
Because the rules surrounding employer liability can be complex, injured workers often benefit from speaking with a lawyer to determine whether additional legal options may exist.
Types of Chicago Workplace Injuries We Handle
Workers’ compensation laws are complex, and it can be difficult for injured workers to navigate the legal system on their own. Turning to an experienced attorney will ensure that you get the compensation you are due under the system.
We have represented clients with work-related injuries in a variety of occupations, such as:
- Warehouse workers
- Construction workers
- Truck drivers
- Machinery workers
- Railroad workers
- Workers who lift heavy items
- Workers who deal with equipment that can cause burns
- Workers who can be injured by repetitive trauma, like carpal tunnel syndrome
One type of case we see quite often are work-related injuries to the L4, L5 and S1 vertebrae. These injuries are very painful and can greatly affect one’s ability to not only return to work, but also to fight for the workers’ compensation that is deserved.
Our skilled advocates have years of experience dealing with the delays and complications that insurance companies try to work into the process. We can provide aggressive representation to get you what you deserve as quickly as possible.
What Compensation Can I Get From A Workplace Injury?
The Illinois Workers’ Compensation Act (820 ILCS 305) provides several types of benefits for employees who are injured on the job:
Medical Benefits
Illinois workers’ compensation typically covers all reasonable and necessary medical treatment related to the injury. This may include hospital care, doctor visits, surgery, medication, physical therapy, and rehabilitation services.
Temporary Total Disability (TTD) Benefits
If an injury prevents a worker from returning to work while recovering, the employee may receive wage replacement benefits. These payments are typically equal to two-thirds of the worker’s average weekly wage.
Permanent Partial Disability (PPD) Benefits
If the injury results in permanent impairment but the worker can still perform some work, compensation may be available for the loss of use of a body part or reduced physical capacity.
Permanent Total Disability (PTD) Benefits
Workers who are permanently unable to return to any form of employment may receive long-term disability benefits.
Vocational Rehabilitation
If the injury prevents a worker from returning to the same job, workers’ compensation may cover job retraining or assistance finding new employment.
Death Benefits
When a workplace injury results in death, surviving family members may receive financial support and funeral expenses.
Workers’ compensation benefits are generally available regardless of who caused the accident, as long as the injury occurred in the course of employment.
Additional Compensation Through Third-Party Lawsuits
Third-party lawsuits may allow injured workers to pursue additional types of compensation in addition to workers’ comp benefits, including:
- Full lost wages and loss of future earning capacity
- Pain and suffering
- Emotional distress
- Loss of normal life or enjoyment of activities
- Additional medical expenses not covered by workers’ compensation
Because third-party lawsuits allow injured workers to pursue damages that are not available through workers’ compensation, these claims may significantly increase the overall value of a workplace injury case.
Illinois Work Injury Statistics
Workplace injuries affect thousands of employees across Illinois each year. Data from the U.S. Bureau of Labor Statistics shows that many workers suffer injuries serious enough to require medical treatment or time away from work. Recent statistics highlight the scope of the problem:
- More than 97,000 nonfatal workplace injuries and illnesses were reported in Illinois in a recent year, according to the Bureau of Labor Statistics.
- The statewide injury rate was approximately 2.4 injuries per 100 full-time workers.
- Illinois recorded over 170 fatal workplace injuries in a recent reporting year.
Certain types of accidents occur more frequently than others. Government safety data shows that the most common causes of serious workplace injuries include:
- Falls, slips, and trips, particularly in construction and industrial settings.
- Transportation incidents, including vehicle crashes involving workers who drive as part of their job duties.
- Contact with equipment or machinery, which frequently affects workers in manufacturing and warehouse environments.
- Overexertion injuries, often caused by lifting, pushing, or repetitive physical activity.
Some industries face higher risks than others. Workers in construction, transportation, manufacturing, and warehousing consistently report some of the highest injury rates in Illinois.
Steps To Take After a Workplace Injury in Chicago
Workers who are injured on the job should consider taking the following actions:
- Follow medical instructions: Following treatment recommendations helps protect your health and strengthens a workers’ compensation claim.
- Document the incident: Keep records of medical visits, accident reports, and any communication with your employer or insurance company.
- Avoid discussing the case with insurance representatives without legal guidance: Insurance companies may attempt to limit the value of a claim.
Report the Injury to Your Employer
Illinois law requires injured workers to notify their employer within 45 days of a workplace accident. Reporting the injury as soon as possible helps create an official record and protects your right to pursue workers’ compensation benefits. If the injury develops over time (such as repetitive stress injuries), the reporting period generally begins when the worker knew or should have known the injury was work-related.
Seek Medical Treatment
Prompt medical care ensures that injuries are properly diagnosed and treated. Medical records also create after the accident can also serve as important evidence in a workers’ compensation claim.
Follow Your Doctor’s Instructions
Failing to follow treatment recommendations can slow recovery and may allow insurance companies to argue that the injury is not as serious as claimed.
Document the Accident
If possible, record important details about the incident, including:
- Where and when the injury occurred
- What task you were performing at the time
- Any hazardous conditions involved
- Names of witnesses who saw the accident
Photographs of the scene, equipment, or injuries may also be helpful.
Preserve Evidence
Workplace accidents may involve defective equipment, unsafe conditions, or other hazards. Preserving evidence related to the incident can be important if legal action becomes necessary.
Be Careful When Speaking With Insurance Companies
Insurance representatives may contact injured workers soon after an accident. While they may appear helpful, their goal is often to limit the amount of compensation paid on a claim.
Speak With a Chicago Work Injury Lawyer
Consulting an experienced work injury attorney can help you understand your legal options and protect your rights. A lawyer can evaluate whether you may qualify for workers’ compensation benefits, determine if a third-party claim may exist, and handle communications with employers and insurance companies.
How Long Do I Have to File a Work Injury Claim in Chicago?
Illinois law sets deadlines for both workers’ compensation claims and potential third-party lawsuits after a workplace injury.
Under the Illinois Workers’ Compensation Act, injured employees generally have three years from the date of the workplace injury to file a workers’ compensation claim. Alternatively, a claim may be filed within two years after the last workers’ compensation payment, whichever deadline is later.
Third-party personal injury claims are typically governed by Illinois’ personal injury statute of limitations, which generally allows two years from the date of the injury to file a lawsuit.
Why Hiring a Chicago Work Injury Lawyer is Critical
Workplace injury claims can quickly become complicated, especially when employers, insurance companies, and third parties are involved. Insurance carriers often investigate claims carefully and may dispute whether the injury occurred at work or whether the employee is entitled to certain benefits. An experienced work injury lawyer can help protect your rights throughout the process. They may assist by:
- Investigating the circumstances of the workplace accident.
- Gathering medical records and other evidence.
- Communicating with insurance companies and employers.
- Determining whether third-party claims may exist.
- Representing the worker in hearings or legal proceedings.
Because workers’ compensation laws and workplace injury claims can involve strict deadlines and complex procedures, legal representation can help injured workers from making costly mistakes and ensure the opportunity to pursue full benefits and compensation.
Contact Our Experienced Chicago Work Injury Attorneys
With decades of experience litigating injury cases, our attorneys can help you determine the best strategy for moving forward with your case.
When you are injured on the job, you should contact a work injury lawyer as soon as possible. Time limitations apply for both personal injury lawsuits and Workers’ Compensation filings. You don’t want to miss out on the compensation you deserve because you didn’t take action in time.
If you have been injured on the job, call Mark L. Karno & Associates, LLC today online to talk with an experienced Chicago premises liability lawyer about your case. We represent clients throughout the Evanston, and Chicago areas.
You won’t pay fees until we win or settle your case because we take all cases on a contingency fee basis.
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