Chicago employees are protected by the Illinois Workers’ Compensation Act, which requires anyone with one or more employees to cover the costs of all work-related injuries. No matter who was at fault, workers’ compensation insurance kicks in if anyone is accidentally injured, disabled, or killed in the workplace. This act also protects employees from facing retaliation should they need to file for damages under the act.

Third-Party Liability in a Workers’ Comp Case

Sometimes workplace accidents aren’t due to employer or coworker negligence or mistakes. When this is the case, injured employees (or the survivors of deceased employees) may be able to sue related third parties. This might include:

Manufacturers of faulty equipment or defective products
Delivery drivers employed by another company
Owners of dangerous offsite properties
In third-party lawsuits, employees have a stronger burden of proof. They must show that the accused party is responsible, at least in part, for the injury they suffered. This is when you should get a workers’ comp lawyer involved. A workplace injury lawyer in Chicago has the resources, skills, and know-how to pursue the evidence you need for a strong lawsuit.

Workers’ compensation insurance is a no fault system that does not require a determination of liability in order to recover benefits. An employee who is injured on the job can usually receive funds from their company’s workers’ compensation insurance, regardless of whether or not their employer caused the accident. Many employees feel that they do not qualify for workers’ compensation benefits if they caused their own injuries, but that is not always the case. If you have any confusion about your workers’ compensation insurance and if you qualify for business, you should contact a Chicago workers’ comp lawyer for the answers you need.

Injuries Caused by Forgetfulness, Mistakes or General Negligence

In some cases, employees injure themselves in events that are purely accidental. Accidents can happen at any workplace, and employees cannot be excluded from the workers’ compensation system because of their contributions to an accident. Injuries caused by an employee’s mistakes, ignorance of safety procedures, or any other negligent reason can still recover compensation. Workers’ compensation is a no-fault system, so the cause of an accident is not generally considered in the allocation of benefits.

Injuries Caused by Misconduct and Gross Negligence

Although employees who are technically at fault for their own occupational injuries are able to recover workers’ compensation benefits, in some cases benefits are usually prohibited from employees who injured themselves by engaging in misconduct or gross negligence. This may include being under the influence of alcohol or drugs, or completely ignoring safety measures in a way that is considered extremely negligent. For example, an employee who is purposefully misusing dangerous equipment may not be able to recover benefits because they participated in a known-to-be-hazardous activity.

In 2019, 158 workers died on the job in Chicago (U.S. Bureau of Labor Statistics). Over 104,000 others sustained injury or illness in the workplace that year, with a little more than half of those missing at least one day of work (BLS). Though injuries did happen across many industries, some occupations stood out as much more dangerous:

Freight warehousing stockers
Truck drivers
Delivery drivers
Nursing assistants
Auto mechanics and techs
Construction workers
Agricultural workers

What Benefits Can I Receive Under Workers’ Comp?

Workers’ compensation is part of the guarantee your employer provides in exchange for your labor. Especially in a tight workplace, it may feel odd asking for insurance coverage for an injury. However, this compensation can be vital to your financial stability. It can cover:

Medical bills
Recovery expenses
Future treatment costs
Lost wages
Short-term disability
Long-term disability
Vocational rehabilitation
How Long Do Workers’ Comp Settlements Normally Take?

In general, the more complicated a workers’ compensation claim is, and the higher the settlement amount, the longer it will take to settle the claim. This is because the insurance company will likely want to investigate your claim and demand more evidence. The average claim can take several months to resolve, and sometimes up to several years.

A dangerous workplace doesn’t necessarily signal an ill-intentioned employer. Most companies really do mean well. But, a small mistake at the top of the chain could result in serious consequences for those on the floor. Here are the factors that cause most workplace accidents:

Inadequate training
Unsafe working environments
Failing to adhere to safety codes
Unreasonable working schedules
Malfunctioning machinery
Improperly maintained equipment
Exposure to dangerous substances and toxic chemicals

If you’ve been injured in the workplace, the first thing you should do is seek medical attention. Delaying care is not only dangerous—it may hurt your case. Usually, insurers expect injured parties to minimize damages after the accident. If your reticence to visit a doctor makes your injury worse, you may be required to pay some of your medical costs.

Next, you should ask your employer for the papers you’ll need to file a claim. They are required to report the injury, but that alone won’t trigger the insurer to act. You must report your injury to a manager within 45 days of the incident, and then fill out an application for a claim. This is where you may want to begin working with a workers’ compensation attorney in Chicago. Our experience can guide you through filing, and we can negotiate with the insurer on your behalf, so you get the necessary compensation for your recovery.

In general, you should consider hiring a workers’ comp attorney if you encounter any of the following issues while filing your claim:

Your claim was denied
The insurance company disagrees with the disability rating you were given by your doctor
You already had a preexisting medical condition prior to your injury
The insurance company is delaying paying for the medical treatment you need
You won’t be able to work in the same capacity again because of your injuries
You are already receiving other government benefits such as Social Security Disability
You are being asked to attend a workers’ compensation hearing

Slip and fall injuries are some of the most common work-related accidents that occur on the job and warrant a workers’ compensation claim. This is due, in part, to the fact that slipping and falling is a job hazard of virtually every occupation in the U.S. Whether you work in the food industry, retail, or at a desk, you are never immune from the possibility of slipping on a wet surface or tripping over a congested walkway. As you’ll see from the list below, some of the most common causes of slip and fall accidents at work can happen in any job setting:

wet surfaces;
uneven surfaces;
moisture collection;
obstructed walkways;
loose floorboards or mats; and
recently waxed or mopped floors.
Unfortunately, insurance companies don’t want to cover on-the-job injuries and they will do everything in their power to deny the workers’ comp claim you file. That’s why it is imperative that you fully document the accident, including environmental factors connected to the fall, and act quickly when filing. A workers’ compensation lawyer can help you prepare your claim or appeal a claim that’s been denied by the insurance company.

No. The Illinois Workers’ Compensation Act prohibits employers from retaliating against their employees for filing a workers’ compensation claim; this includes firing. However, if you are an at-will employee, this means that your employer does not have to give a reason for firing you. This can make it difficult to prove that the reason you were fired was because of your workers’ compensation claim. If you believe that you were terminated in retaliation, contact our firm today and we can help you determine what your next steps should be.

A workers’ comp claim may be denied for several reasons:

You filed your claim after you were fired or laid off
You did not present sufficient evidence that you were injured on-the-job
You didn’t report your injury in time
Your medical records do not match up with your accident report
You were using illegal drugs at the time of your accident
Along with any of the above issues, if you failed to fill out your forms properly, or provide all of the documentation that was requested, your claim may be denied. Our team is here to ensure that you don’t miss any of the steps when filing a claim. If your claim was denied and you’re not sure why, contact our workers’ comp attorneys today to discuss your claim!

Illinois workers are required to report any work-related injuries to their employers within 45 days of the incident. If you wait too long to report your injury, your employer may claim that there is a lack of evidence supporting your claim and they may refuse to compensate you for your injuries.

While you are required to report your injury to your employer within that timeframe, the Illinois statute of limitations also allows workers to file a workers’ compensation claim for up to 3 years after the date of their injury. This may become necessary if you were initially told that you did not qualify for workers’ compensation benefits but found out later that this was untrue.

Workers’ compensation can be complex. Check out our Frequently Asked Questions to learn even more about the law. Or, check out our compendium of blog posts on specialty subjects:

Why Should I Hire a Workers’ Compensation Attorney?
Does Workers’ Compensation Cover Medical Expenses for All On-the-Job Injuries?
Do Workers’ Compensation Benefits Cover Mental Conditions?
Do You Need to Prove Fault to Receive Workers’ Compensation?
What Information on Workers’ Compensation Should Employers Provide?
What to Do if Your Employer Doesn’t Have Workers’ Compensation Insurance
Navigating a Workers’ Compensation Claim with a Pre-Existing Condition

Workers’ compensation laws are important, as they are what protect workers from unscrupulous employers and unsafe work conditions. At McHargue & Jones, LLC, our Chicago workers’ comp attorneys treat every case with the care and attention it deserves. We fight aggressively for employee rights, and we are prepared to fight for you. We believe in creating strong attorney-client relationships and, in addition to offering free consultations, our entire office is also fluent in Spanish.

Our goal is to support you and help you get the compensation you need. Also, our work injury lawyers accept cases on a contingency fee basis, meaning you do not pay us unless our Chicago workers compensation lawyers win for you. We will use every tool provided by the law to get our clients maximum compensation for their injuries.