Illinois Workers’ Compensation Act
The Illinois Workers’ Compensation Act does not apply to an independent contractor or a sole proprietor. One person owns a sole proprietorship. If you are the sole member of a domestic limited liability company, that entity is also considered a sole proprietorship for workers’ compensation purposes.
A worker’s status as an independent contractor or employee can sometimes be difficult to determine under state law. The distinction between the two individual workers and the company for which they perform services is important because it determines which federal and state laws apply to the working relationship.
In most cases, a worker is classified as an employee if the company for which they work has the right to control how they do their job. Factors that may be considered in determining whether a worker is an employee or independent contractor include, but are not limited to:
- How much control does the company has over how the worker does their job
- Whether the worker is paid by the hour, day, week, or project
- Whether the worker is paid overtime
- Whether the worker is reimbursed for business expense
- Whether the worker has other types of coverage. For example, more than 97 percent of business establishments in Illinois are covered by workers’ compensation insurance.
Help With Workers Compensation Claims In Chicagoland
Illinois workers compensation laws provide a legal process to fight a wrongful claim denial, underpayment of claims or early termination of benefits. This process involves hearings and appeals before administrative and judicial bodies, and representation from a qualified and experienced workers comp lawyer is essential to success. Chicago workers compensation attorney Mark Connolly has years of experience and success representing injured workers in Cook County and throughout Chicagoland. Call Connolly Injury Law at 312-780-0816 for a free consultation and help with your claim. There is no fee unless we are successful in getting benefits for you.
The Illinois Workers Compensation System
The workers compensation system is the product of an early 20th century Grand Bargain. The Bargain was intended to protect both employees and employers. Employees injured at work had to sue their employers for negligence in order to receive money for their injuries. In most cases, the workers were unsuccessful and recovered nothing.
In the rare cases where workers succeeded in proving negligence, employers were then found liable for negligence. They had to cover for large jury awards, and it was perceived as unfair.
Finally, business and labor entered into the Grand Bargain. Workers gave up their right to sue the employer for negligence, but were entitled to medical care and compensation. These damages were paid for at the employers expense.
In the end, employers gave up their fault-based legal defenses. In exchange, they received strict limits on the amount they would have to pay for work injuries.
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Why Is There Work Comp
Because work injuries are so common, most states have created employment laws that require participation in a workers compensation insurance system, paid for by employers, that compensates employees in the event that they get injured on the job.
The purpose of such workers compensation programs is to provide a sure means for workers to obtain a remedy for the financial impacts of work-related injuries. It is also meant to avoid the inconsistent applications, results, and costs that come with attempting to compensate employees through personal injury lawsuits.
What Is A Third
The vast majority of workplace injury claims are handled through settlement with workers compensation insurance carriers. In fact, individuals are typically barred from filing a personal injury lawsuit against an employer or coworker. However, if a third party caused the workplace injury, it may be possible for the worker to file a personal injury lawsuit to recover additional types of compensation.
We see third-party work injury claims in various situations, including when injuries occur due to a defective tool or product. These lawsuits can also occur as a result of dangerous property conditions arising due to a third-party property owner.
When a third-party lawsuit becomes viable, this allows the case to enter the civil court, and the injury victim may be able to recover compensation for their medical bills, all lost wages, and their pain and suffering losses.
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Chicago Workers Compensation Attorney
At Horwitz, Horwitz & Associates in Chicago, our team of workers compensation attorneys has a reputation for excellence. Law firm partner Mitchell Horwitz is a respected and successful workers compensation lawyer in Chicago. One of the Top 10 Workers Compensation Lawyers in Illinois by Leading Lawyers, Mitchell and the Horwitz, Horwitz & Associates workers compensation legal team have deep knowledge of the system.
Am I Barred From Recovery If I Was At Fault
No. Fault is not an issue in a Workers Compensation claim. Accidents happen, and you deserve compensation for the extent of your injury. Many workers dont know that accidents are covered in workers compensation, and they dont get the full benefit. This is why you should hire a skilled workers compensation attorney to be sure you get the best benefits from your case.
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We Will Work While You Recover
Especially if you are still recovering from your injuries, you may not want to spend your time and energy deciphering your legal rights, appealing a denied workers compensation claim, and filing paperwork. We can do all of these things in Chicago, IL workers compensation cases, including:
- Protecting your right to seek all benefits available in your workers compensation claim
- Gathering evidence to prove your injuries
- Assisting you with appealing denied workers compensation claims
- Working to challenge any problems that you run into with insurance companies, such as an early end to your benefits
- Settlement negotiations with the insurance company
- Representing you through the legal process
The Role Of Workers Compensation
The Illinois workers compensation system plays an important role for employers. An employer is legally immune from suit for personal injuries, even if the employer was negligent. Few exceptions exist to this rule.
This same rule protects the employee as well. Employees have the right to workers compensation benefits for on-the-job injuries, regardless of the cause. Even if the injury was caused by the employee and there was no negligence on the part of the employer.
The Illinois Workers Compensation Act is a long and complex state statute that covers a wide range of issues, including:
At Horwitz, Horwitz & Associates, our Chicago workers compensation lawyers are familiar with all facets of the Act. With experienced in navigating this complex system, and our team knows how to achieve positive results for our work injury clients.
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Skilled Workers’ Compensation Defense Lawyers Serving Clients In Chicago And Nationwide
Illinois law requires that companies based in the state, or who conduct business in-state, obtain workers compensation insurance for their employees. Corporate officers, LLC members, sole proprietors, and business partners are allowed to exempt themselves from coverage, but they must still cover their employees. Employers may purchase insurance coverage, self-insure, or join a pool of self-insured employers. Regardless of the circumstance, when an employee suffers a work-related illness or injury, you need skilled legal counsel in your corner aggressively defending your interests.
For more than two decades, Brady, Connolly and Masuda, P.C. has provided strong representation for employers defending workers compensation claims in Illinois, Missouri, and throughout the U.S. Our award-winning attorneys have in-depth experience defending claims before the Illinois Workers’ Compensation Commission and upon appeal within the Illinois court system.
We defend clients for all types of workers compensation cases and matters related to those claims, including but not limited to:
Chicago Work Injury Statistics
According to the Illinois Department of Health, the number of non-fatal work injuriesand work-related deaths in Illinois include:
- 172 fatal work injuries occurred in a single year.
- The highest percentage of deaths 22.1% occurred in the construction industry.
- The second highest number of work-related deaths occurred in the transportation and warehousing industries.
- 145,900 non-fatal work injuries were reported among all industries statewide.
- 77,400 of non-fatal cases involved time off work, transfer to another job, or restrictions.
- The rate of non-fatal occupational injuries is at 3.2 for every 100 full-time employees.
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What Is The Time Limit For Filing An Injury Claim Or Personal Injury Lawsuit
Worker’s compensation claims must be filed within two years of the injury, determined by the last day of your disability. If your disability lasts more than one year, you have up to three years to file a worker’s compensation claim.
The deadline to file a workers’ compensation case can be extended in certain circumstances, such as if you cannot handle financial matters due to a physical or mental condition caused by the incident.
The Illinois Workers’ Compensation System Ensures Wage And Medical Benefits To Injured Workers
In the days following a workplace injury, you likely have many questions regarding your benefits and rights through the Illinois workers’ compensation system. You may even see advertisements from Illinois law firms that claim to offer fast cash in exchange for filing a worker’s comp claim.
Unfortunately, these companies do not have your best interests at heart. Our Chicago workers’ compensation lawyers will provide you with professional legal representation throughout the entirety of your case.
Our personal injury law firm is committed to providing you with the finest representation possible. Your workers’ compensation attorney will never ask you to sign away any of your rights or accept any small or large settlement that doesn’t fully compensate you for personal injuries.
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$325000 Settlement Personal Injury & Workers Comp Waiver
An employee of a moving company suffered serious injuries when he stepped on an unstable manhole cover while on-the-job. The manhole cover in the sidewalk along the side of the building flipped as he was carrying furnishings out of a tenants apartment. This hard-working man suffered multiple injuries to bones, muscles, and joints. We proudly represented him and earned a sizable settlement and a waiver of the $135,000 workers compensation lien.
More Reasons To Hire Ankin Law
At Ankin Law Office, we set ourselves apart from other accident and injury law firms.
We make house calls. If you cant come to us, well come to you.
We have a vast network of medical experts and accident reconstructionists.
You dont pay unless we win.
We aggressively investigate each case.
We deal with insurance companies so you dont have to.
We get favorable results.
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Chicago Workers Compensation Lawyer Fighting For Injured Workers Throughout Illinois
When you are entitled to receive workers compensation under Illinois and federal law, getting your employer and their insurance company to act in a timely and appropriate manner can be stressful and confusing. This can include attending many informal and formal hearings just to get the benefits you deserve. Let our attorneys make sure you do not become a victim of the process, and get you what you are entitled to receive following an injury at work.
For over 75 years, the Chicago workers compensation attorneys of Phillips Law Offices have been assisting clients who have been injured at their place of work. In addition to workers comp cases, we also handle black lung cases as well as mesothelioma settlements.
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Chicago Workers’ Compensation Lawyers
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Workers’ Compensation Benefits Under Fela
If you’re injured on the job, even if your work injury is not your fault, you could receive certain benefits from workers’ compensation insurance by filing a compensation claim. These benefits include:
- Medical expenses resulting from the accident keep you out of work. If the work injury had to be treated with surgery or hospitalization, you could also expect transportation coverage to and from the doctor’s office.
- A portion of your lost wages if you’re unable to return to work because of your physical injuries. The number of weeks of benefits varies by state. In many cases, the weekly benefit is 2/3 of your take-home pay.
- Permanent partial disability benefits if you suffer from a disabling condition that makes it impossible for you to continue working in your current occupation – or – any occupation at all.
- Temporary total disability benefits are paid to employees who are temporarily unable to work because of their on-the-job injuries.
- Vocational rehabilitation: Typically, vocational rehabilitation can help recover compensation by returning to work on a wage differential due to work injuries.
- Death benefits, which vary by state, are payable if a death results from a workplace accident or disease. Workers’ compensation insurance may also pay funeral expenses and certain outstanding debts owed by the deceased person.
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Most Common Industries For Work Injuries
Our Chicago workers comp attorneys know a work injury can occur in any occupation. However, some industries are known to carry a higher risk of injury and illness, including:
- Construction industry
- Nursing and residential care
- Nursing and residential care
- Sightseeing, tourism
Whether at a desk or at a construction site, you are at risk for a work injury. When the injuries are serious and result in short- or long-term disability, your future can be forever altered. Having a top-rated workers compensation lawyer in Chicago on your side as you fight for justice and compensation is important.
How To Appeal A Workers Compensation Claim In Chicago
Employers in Illinois receive approximately 250,000 reports of injuries from workers every year, but only about one-third of them involve the worker missing more than three days of work and thus requiring the employer to file a report with the IWCC.
Of the group missing extended work time, more than 50,000 cases end up going to arbitration, which is where disputed claims usually are settled. However, arbitration is a misleading term for what actually happens at this stage of the process.
The arbitrator sits on the sidelines while the injured worker tries to reach what is called a settlement contract with the insurance carrier on the claim. Every three months, the arbitrator will issue a status call to see if the two sides have resolved the matter and in 90% of the cases, they eventually do, though it usually takes a lot longer than three months.
The settlement contract is an agreement by both sides to close the claim in exchange for the injured worker receiving an amount of money. The average settlement contract takes about two years to wind its way to a conclusion.
The settlement contract cant be sent to an arbitrator for approval until the injured worker has received an independent medical examination and doctors say the worker has reached Maximum Medical Improvement .
Either side can appeal the arbitrators decision. When that happens, the case moves in front of a three-member panel, called The Commission which reviews the arbitrators decision.
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Chicago Work Injury Lawyer
In the Chicago area, workplace accidents and illnesses are a routine occurrence. Each year, there are millions of work-related injuries and illnesses across
Skilled, Professional Workers Compensation Attorneys. Whether you slip and fall, get hurt on machinery, or experience any other work-related accident, youre
Why Do Workers Compensation Claims Get Denied
Its illegal in Illinois to discriminate or retaliate against an employee for filing a workers compensation claim, but employers and their workers compensation insurance carriers still find ways to deny claims, terminate benefits prematurely, or underpay claims. Common reasons employers give for denying claims include:
Claimant didnt prove their case The burden is on the claimant to prove all the elements of a workers compensation claim, i.e., the Commission has jurisdiction over the case, the worker was duly employed by the company, there was an accident or exposure at work, that accident or exposure is causally connected to the workers injury or illness, and the employee gave proper, timely notice to the employer about the injury or illness.
Extent of disability Employers and insurers dispute how much the worker is really injured, often requiring employees to submit to examinations by their own hired doctors whose sole purpose is not to treat the individual but to render an opinion to the employer on the workers injury.
Not work-related Especially when the injury stems from a degenerative condition that occurred over time or due to a traumatic accident that is not well-documented, the employer will claim the workers injury happened outside of work, off-duty, or due to a pre-existing condition.
Medical bills The insurer will dispute whether the workers medical bills submitted for payment were reasonable and necessary to treat the employees condition.
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