Workers’ Compensation

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Chicago Workers’ Compensation Lawyers Providing Legal Assistance for Injured Employees

Helping Illinois workers get their full wage losses, medical benefits, and vocational retraining they deserve

Injured workers in Illinois, like most states, have the right to collect work-loss benefits without the need to prove fault. Workers must generally show that they were an employee and not an independent contractor. They must show they suffered a work-related accident or an occupational illness. In many workers’ compensation cases, the disputes revolve around the severity of the worker’s injury. Employers like to push their employees back to work too soon. Employers should not be forced to work until they are physically and mentally able.

Our Chicago workers’ compensation attorneys understand the rights of injured workers. The employers and their insurance companies will have lawyers on their side that will try to limit your benefits. At Gainsberg Law, we fight to get you every dollar you deserve. When your treating doctor is not helping you, we help you change the doctors you see. We represent you at mediations, before the workers’ compensation judge, and when necessary, at the appellate stage.

Standard workers’ compensation benefits

Injured workers are entitled to the following if they suffered from a workplace accident or illness:

  • Payment of 2/3 of their average weekly wage. Workers get 2/3 of their weekly wage instead of 100% because that is the trade-off for not having to prove fault. The worker generally is paid the sum until they return to work or until they have exhausted their benefits.
  • Payment of all reasonable medical bills. Workers who need surgery are entitled to have the insurance company for the employer pay for it. The insurer must also pay for all necessary doctor visits and all medical prescriptions. If the worker needs any medical devices, such as braces or prosthetics, the insurance company should pay for those too. If the visits, medications, and devices are necessary for the employee’s ability to do their job, employers must pay these bills even if the employee returns to work.
  • Payment for vocational/rehabilitative training. Some workers are not able to return to the job they performed. A common example is a construction worker who can no longer perform physical work. These workers have a right to be retrained so they can do new work at a new job.

There are other benefits to which workers may be entitled, including for disfigurement or loss of limb. The families of deceased workers are entitled to death benefits. Transportation costs to see one’s doctors and other smaller expenses may also be allowed.

Types of disability

The type of benefits the injured employee receives is based on the type of disability they have. The most common types of disability are:

  • Temporary disability. A worker with a temporary disability can ultimately return to work.
  • Temporary disability with restrictions. Many workers who can return to work can only do so with certain medical restrictions. For example, an employee may be told he/she can only lift items that weigh less than 20 pounds. If the employer can find work for the employee subject to those restrictions, then the worker should still be entitled to wage-loss benefits.
  • Partial permanent disability. Many workers are permanently disabled and cannot work as they did before. Workers with a partial permanent disability are generally entitled to receive 2/3 of their lost wages up to predefined time periods depending on the nature of the disability.
  • Full permanent disability. A worker, who can never return to work at any job is entitled to 2/3 of their average weekly wages for life or up to a preset limit.

Some workers who do return to work, either because of restrictions or a partial permanent disability, get less pay. These workers may be entitled to 2/3 of the difference in pay.

Our experienced Chicago workers’ compensation lawyers fight for injured employees

At Gainsberg Law, we know most injured people want to get back to work, but only when they are ready. Our Chicago workers’ compensation lawyers are strong advocates for the injured. We contest efforts to make you work before you have reached maximum medical improvement. If you need vocational assistance, we understand what education and retraining is allowed. Our lawyers are skilled at anticipating all your future medical needs. Please call us at 312-313-1621 or fill out our contact form to discuss your claim.

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Our Testimonials

M.S., Chicago, IL

"Neal Gainsberg represented me in a personal injury case after a vehicle struck a motorcycle that I was riding on. Neal made sure I understood my rights as an injured party, and that I was receiving the proper medical attention. He did a great job in negotiating a settlement with the insurance company and making sure all my medical bills were paid and that I was compensated for my injuries and loss time at work. I recommend Neal as a lawyer to anyone who unfortunately is injured in an accident."

M.S., Chicago, IL

2016-11-21T16:41:13+00:00

M.S., Chicago, IL

"Neal Gainsberg represented me in a personal injury case after a vehicle struck a motorcycle that I was riding on. Neal made sure I understood my rights as an injured party, and that I was receiving the proper medical attention. He did a great job in negotiating a settlement with the insurance company and making sure all my medical bills were paid and that I was compensated for my injuries and loss time at work. I recommend Neal as a lawyer to anyone who unfortunately is injured in an accident."

N.S., D.S., Chicago, IL

"Neal Gainsberg was our lawyer in a car accident case. We were both injured in addition to our 16 month old daughter. Even though the other driver ran the red light and we had witnesses of her illegal conduct, her insurance company at first denied our claim and said it was our fault. We hired Neal and he fought the insurance company hard. Without having to go to court, he was able to convince the insurance company that it was their driver’s fault. Neal got a great settlement for us and our child within three months of the accident. We were very happy with Neal, he kept us informed about everything, and eased our stress from the accident. If you want an excellent car accident attorney, you need to hire Neal!"

N.S., D.S., Chicago, IL

2016-11-21T19:33:43+00:00

N.S., D.S., Chicago, IL

"Neal Gainsberg was our lawyer in a car accident case. We were both injured in addition to our 16 month old daughter. Even though the other driver ran the red light and we had witnesses of her illegal conduct, her insurance company at first denied our claim and said it was our fault. We hired Neal and he fought the insurance company hard. Without having to go to court, he was able to convince the insurance company that it was their driver’s fault. Neal got a great settlement for us and our child within three months of the accident. We were very happy with Neal, he kept us informed about everything, and eased our stress from the accident. If you want an excellent car accident attorney, you need to hire Neal!"

K.R., Chicago, IL

"After my former lawyer refused to continue with my auto accident case, Neal Gainsberg took over the case, and he was able to obtain a settlement for the other driver’s policy limits. He was actively involved in my case, returned all my calls, and explained any issue that I had during the case. After I spoke with Neal, he was able to resolve any problems or issues. Neal provided exceptional representation against the insurance company for the other driver. Since Neal settled my case, I have recommended him to my family members and friends. If you have a legal issue, you should call Neal and hire him to be your attorney."

K.R., Chicago, IL

2016-11-21T19:21:53+00:00

K.R., Chicago, IL

"After my former lawyer refused to continue with my auto accident case, Neal Gainsberg took over the case, and he was able to obtain a settlement for the other driver’s policy limits. He was actively involved in my case, returned all my calls, and explained any issue that I had during the case. After I spoke with Neal, he was able to resolve any problems or issues. Neal provided exceptional representation against the insurance company for the other driver. Since Neal settled my case, I have recommended him to my family members and friends. If you have a legal issue, you should call Neal and hire him to be your attorney."

L.G., Chicago, IL

"Neal Gainsberg helped me obtain long-term disability benefits. The insurance company denied my claim and cutoff my benefits even though I was set for surgery and there was no way I could work. Neal collected my medical records and letters from my doctors and had my benefits reinstated. I have had no issues with the insurance company once I hired Neal."

L.G., Chicago, IL

2016-11-21T19:19:37+00:00

L.G., Chicago, IL

"Neal Gainsberg helped me obtain long-term disability benefits. The insurance company denied my claim and cutoff my benefits even though I was set for surgery and there was no way I could work. Neal collected my medical records and letters from my doctors and had my benefits reinstated. I have had no issues with the insurance company once I hired Neal."

V.S.G. and M.G., Richton Park, IL

"Neal is a great attorney. He helped us with several legal issues, including obtaining a large settlement for us following a car accident. He worked very hard on our case from the start, answered all our phone calls and questions, and kept us continually updated. Since then, we have used Neal for other civil matters. We have known Neal for over 13 years, and call him whenever we have a legal question. We know Neal will be there to help us."

V.S.G. and M.G., Richton Park, IL

2016-11-21T19:25:43+00:00

V.S.G. and M.G., Richton Park, IL

"Neal is a great attorney. He helped us with several legal issues, including obtaining a large settlement for us following a car accident. He worked very hard on our case from the start, answered all our phone calls and questions, and kept us continually updated. Since then, we have used Neal for other civil matters. We have known Neal for over 13 years, and call him whenever we have a legal question. We know Neal will be there to help us."

R.P., Chicago, IL

"Neal Gainsberg is a smart and an aggressive lawyer. He did a great job on my case. He helped me with a money dispute with a former friend and obtained a judgment for me. Neal listened and paid attention to any question I had, answered my calls right away, and was there for me at every point during the case. He knew exactly what to do in court. If you are looking to get compensation, I highly recommend that you hire Neal."

R.P., Chicago, IL

2016-11-21T19:35:21+00:00

R.P., Chicago, IL

"Neal Gainsberg is a smart and an aggressive lawyer. He did a great job on my case. He helped me with a money dispute with a former friend and obtained a judgment for me. Neal listened and paid attention to any question I had, answered my calls right away, and was there for me at every point during the case. He knew exactly what to do in court. If you are looking to get compensation, I highly recommend that you hire Neal."

J.T., Chicago, IL

"Neal Gainsberg was a great lawyer. He represented me at a small claims trial and obtained a great result. Neal was there for me and answered all my questions even though my case was not that large."

J.T., Chicago, IL

2016-11-21T19:21:23+00:00

J.T., Chicago, IL

"Neal Gainsberg was a great lawyer. He represented me at a small claims trial and obtained a great result. Neal was there for me and answered all my questions even though my case was not that large."

J.O., Indiana

"Neal Gainsberg at first represented me in a Chapter 13 Bankruptcy case. He explained everything to me and developed a payment plan that I could afford. Whenever I had any questions, Neal responded quickly to any emails or phone calls. Unfortunately, I lost income during my plan, and Neal recommended that I convert the case to a Chapter 7 case. Despite my worries about my finances, Neal made everything easy for me, converted the case, and made sure that I received a fresh start. Neal was very knowledgeable about bankruptcy law, and I highly recommend him as a bankruptcy lawyer."

J.O., Indiana

2016-11-21T16:42:07+00:00

J.O., Indiana

"Neal Gainsberg at first represented me in a Chapter 13 Bankruptcy case. He explained everything to me and developed a payment plan that I could afford. Whenever I had any questions, Neal responded quickly to any emails or phone calls. Unfortunately, I lost income during my plan, and Neal recommended that I convert the case to a Chapter 7 case. Despite my worries about my finances, Neal made everything easy for me, converted the case, and made sure that I received a fresh start. Neal was very knowledgeable about bankruptcy law, and I highly recommend him as a bankruptcy lawyer."

E.S., Chicago, IL

"Neal Gainsberg represented me in my Chapter 13 case. He knew all the details about bankruptcy and my case, explained everything to me in the beginning, made every issue easy to understand, and provided the help I needed during the five years of the plan. As a result of Neal’s legal assistance, I was able to make all my plan payments and get a fresh start. I highly recommend that anyone considering bankruptcy to give Neal a call."

E.S., Chicago, IL

2016-11-21T19:22:30+00:00

E.S., Chicago, IL

"Neal Gainsberg represented me in my Chapter 13 case. He knew all the details about bankruptcy and my case, explained everything to me in the beginning, made every issue easy to understand, and provided the help I needed during the five years of the plan. As a result of Neal’s legal assistance, I was able to make all my plan payments and get a fresh start. I highly recommend that anyone considering bankruptcy to give Neal a call."

L.S., Chicago, IL

"Neal Gainsberg was an excellent attorney. He explained everything to me and made the process very easy. He was available to answer any questions and provided the help and representation that I needed. I would use Neal again if I had another legal issue. I urge anyone who is looking for a lawyer to call Neal."

L.S., Chicago, IL

2016-11-21T19:24:30+00:00

L.S., Chicago, IL

"Neal Gainsberg was an excellent attorney. He explained everything to me and made the process very easy. He was available to answer any questions and provided the help and representation that I needed. I would use Neal again if I had another legal issue. I urge anyone who is looking for a lawyer to call Neal."

M.T.G., Chicago, IL

"Neal Gainsberg took my personal injury claim against large store after I fell on water and injured my knee and back. The store employees disputed that anything happened and the manager accused me and my son, who witnessed the fall, of making it up. Neal brought a lawsuit against the store, took several depositions of the store employees, and obtained a great settlement for me and my family. Neal fought hard on my case, and I was very pleased with the results."

M.T.G., Chicago, IL

2016-11-21T19:18:57+00:00

M.T.G., Chicago, IL

"Neal Gainsberg took my personal injury claim against large store after I fell on water and injured my knee and back. The store employees disputed that anything happened and the manager accused me and my son, who witnessed the fall, of making it up. Neal brought a lawsuit against the store, took several depositions of the store employees, and obtained a great settlement for me and my family. Neal fought hard on my case, and I was very pleased with the results."
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