Workers’ Compensation Attorney
Leading Illinois Workplace Injury Lawyer
There are cases where an injured employee may need the service of an Illinois workplace injury lawyer.
Illinois workers are covered by workers’ compensation benefits when they get injured on the job or become sick from workplace contaminants. However, receiving workers’ compensation benefits is easier said than done, as employers and insurance companies often put significant effort into denying or devaluing claims.
Whether you have always felt like part of the family working for your small employer, or you are an unknown face to your corporate boss, you need to work with an attorney to ensure that you receive the full benefits that you are owed.
Additionally, you may have grounds to file a workplace injury lawsuit against your employer or against a third party, thereby increasing your financial compensation by a significant margin. Every workplace injury is different, however, and you need to discuss your case with an experienced Illinois workplace injury lawyer before you go any further in submitting a claim.
The time to act is now. If you have not already done so, you must notify your employer about your injury or illness, and then quickly seek legal counsel to get a head start on filing your claim. Here at Owaynat Law, we have successfully represented many clients who were injured on the job.
If you are classified as temporarily disabled, you will be eligible for wage replacement of up to two-thirds of your average weekly wages. For permanent disability, injured workers will be awarded compensation based on their degree of disability, age, education, work history, and earning capacity.
In either case, whether you have been injured temporarily or permanently, you need an attorney to maximize your wage replacement, as employers and insurance adjusters always aim to pay as little as possible.
100% of your medical expenses should be covered under workers’ compensation benefits. However, you will be required to see an in-network physician of your employer’s choosing.
This can rub some workers the wrong way, knowing that their physician and the resulting diagnosis that that physician gives them are influenced by their employer’s insurance carrier.
In most cases, in-network physicians provide accurate diagnoses and proper medical care. In other cases, they provide inadequate medical services, such as over-prescribing opioid pain medications when other forms of treatment, such as physical therapy, are known to be more effective.
In fact, according to the National Safety Council, “over 25% of workers’ compensation prescription drug claim costs were for opioid pain medications,” even though studies have shown that increased opioid treatment does not result in better outcomes for injured workers. The fact is that opioids are cheap, and real medical care is not.
Additionally, some physicians do not diagnose their patients accurately, labeling them as only partially disabled when, in fact, their condition should be classified as totally disabled. By working with an attorney, you can appeal your disability diagnosis and fight for the compensation and medical care that you truly deserve.
Workers’ Compensation is No-Fault Insurance
Workers’ compensation is awarded on a no-fault basis. Whether the injury was caused by your own inattention, a co-worker’s negligence, or by freak act of nature, you are entitled to workers’ compensation benefits. However, employers and insurance companies commonly try to get out of their responsibility of paying by claiming that:
- Your injury is fabricated;
- Your injury was not caused at work or in the scope of your employment;
- The injury was pre-existing;
- You were intoxicated or high at the time of the crash;
- You caused the injury intentionally to collect benefits.
Personal Injury Lawsuit Basics
Unlike workers’ compensation, which only covers medical expenses and partial wage replacement or death benefits, which are minimal, a personal injury claim can be filed for all of the following:
- Medical expenses and future medical expenses;
- Pain and suffering;
- Full lost wages and lost earning capacity;
- Loss of consortium in the event of death;
- Property damage;
- Loss of enjoyment of life;
- Emotional distress; and
There are two ways to file a personal injury claim or lawsuit when the injury resulted from a workplace crash with the help of workplace injury lawyer in Illinois.
The first is if a third party caused the injury. For example, this third party could be a driver who, while looking at his or her phone, ran over a construction worker in a road work zone. The injured construction worker could file for workers’ compensation benefits, which kick in quickly, as well as file a personal injury lawsuit against the careless driver, which may result in a much larger degree of compensation, but would take longer to receive.
The second instance in which a personal injury lawsuit could be filed is if an employer either intentionally caused the injury to the employer, or the employer acted with egregious negligence, such as failing to implement proper safety protocol or have necessary safety equipment available.
Our Illinois Workplace Injury Lawyers can Help You Receive the Compensation You Deserve
No matter how the injury or illness occurred, if it was a result of your employment or happened on the job, you can file for workers’ compensation. You may also be able to file a personal injury claim and be compensated for your pain and suffering and other damages, too.
Injured workers and their families often suffer financial hardship following a workplace injury, but this can be avoided by hiring an experienced Illinois workplace injury lawyer. Call us today at (773) 645-9997 or fill this form to schedule a FREE CONSULTATION.