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.