Should You Hire a Workers’ Compensation Attorney in Illinois?
Injured at work in Illinois? Considering hiring a worker’s comp attorney to help?
If you’ve decided to file a workers’ compensation claim in Illinois, you might be wondering if you need to retain a lawyer. While retaining a workers’ compensation attorney isn’t required, it’s important to consider consulting with an experienced legal professional before you proceed.
There are many reasons you should consider securing the support of a qualified attorney. Unfortunately, many injured employees fail to receive the compensation they rightfully deserve. Every day, injured workers in Illinois receive the unfortunate news that their workers’ comp claim has been denied for confusing and seemingly unjust reasons. We can help.
Securing reliable counsel from a skilled and experienced attorney can help you navigate the recurring pitfalls and setbacks that many workers are forced to confront on a daily basis, and ensure that you can continue to support yourself financially as you take necessary time off to recover and heal from a work-related injury.
How Can My Workers’ Comp Attorney Assist Me?
Workers’ compensation is a complex area of the law. Like many areas of our legal system, applying for workers’ compensation benefits can be tricky. There are particular state-specific requirements, deadlines, and paperwork to navigate once you decide to pursue a workers’ comp claim.
There are many ways in which a work injury lawyer can help you pursue workers’ compensation after a workplace accident or injury. Retaining dependable legal representation can help prevent negative outcomes, such as:
Assist you in the event that your workers’ comp claim is denied.
It’s possible to file an appeal if your claim is initially denied. An experienced workers’ comp attorney can review relevant documentation and evidence to build and strengthen your case, analyze why your claim was denied by the employer or insurer, and establish the best path forward to earn the compensation you rightfully deserve. We frequently are hired by an injured worker whose case was denied, and once we get involved and apply a bit of pressure on the insurance company, the denial is reversed. Sometimes they just need more information or a medical note. Sometimes, however, the denial by the insurance company results in the need to go to trial and fight the case.
Advocate on your behalf if an insurer disagrees with your doctor’s diagnosis.
In the event that an insurer denies or disagrees with your physician’s statement regarding your diagnosis or rate of disability caused by the workplace injury, your attorney can file a motion to appeal. This is perhaps the most common fight we have in worker’s comp cases in Illinois: the insurance company doctor says you are fine, while your doctor believes you need more treatment or work restrictions.
A good lawyer will know which evidence to gather and how to present relevant documentation to the court. They can also collaborate with your doctor to fortify your case. Sometimes we need to take the testimony of the two doctors and present this to the judge at trial. This is hard to do on your own, and a good lawyer can help.
Assert comprehensive knowledge of the law if an employer rejects your claim on the basis of preexisting condition.
Even if you started a job with a preexisting condition, you are eligible for workers’ comp if the workplace accident or injury worsened that condition. Assuming that you suffered a worsening condition or injury in the workplace, it’s unlawful for an employer to reject your claim on the basis of a preexisting condition.
An experienced attorney possesses a comprehensive knowledge of work injury and workers’ compensation law, and will know how to navigate the intricacies in court to obtain the most favorable outcome.
Fight for you to receive the help you need if treatment is delayed or denied by the insurer.
Time is of the essence when it comes to workers’ compensation claims. While it’s important to file a claim as soon as possible, it’s equally important to receive the medical care you need in a timely manner to prevent an injury from worsening or even causing long-term damage.
As an American employee, you have the right to receive workers’ compensation to help you recover from a workplace accident or injury—without the added burden of supporting yourself financially during your recovery.
A good attorney will exercise their legal knowledge and advocate on your behalf for you to receive the care you need as swiftly and effectively as possible, even if your employer or insurer is giving you the run-around.
Fight for maximum compensation if you suffer chronic or lifelong impairments at work because of delayed, unaffordable, or ineffective treatment.
Sadly, some workers are denied access to swift and affordable treatment—or in some cases, aren’t able to obtain treatment at all. No employee deserves to suffer chronic or lifelong incapacity at work because of an employer’s careless actions.
If your boss or insurer denies you the care you need and thus creates long-term medical issues for you, you deserve the maximum award possible to compensate for things like:
- Severe physical injury
- The loss of your occupation or trade
- Lost wages
- Limited employability due to permanent restrictions
A skilled workers’ comp attorney will possess a clear understanding of work injury law and state-specific regulations to achieve the most favorable outcome possible.
Prevent you from the additional stress of attending a workers’ compensation hearing or trial on your own.
The majority of the time, going against an employer is a classic “David vs. Goliath” scenario. It isn’t fair to expect the little guy to go up against the big guy on their own. Many employers are well-funded with powerful resources and funds with which to defend themselves and get their way. We fight and win worker’s comp cases every day against Walmart, Amazon, Target, McDonalds, and just about any other big employer you can think of. They know who we are, and they know we will not be pushed around.
It’s important to give yourself a fighting chance by securing the support of an experienced workers’ comp attorney. A good lawyer will advocate for your best interests and fight tirelessly to hold both your employer and insurer accountable, and prevent them from getting away with unjust acts.
Contact McHargue and Jones for a Free Case Evaluation for your Illinois Worker’s Compensation Case
If you’ve been injured in the workplace, you have the right to effective and efficient medical care and compensation. At McHargue & Jones, LLC, our experienced workers’ comp attorneys are committed to improving the lives of people who have been injured at work as a result of others’ negligence.
A workplace accident or injury doesn’t have to derail your life. As an American worker, you have the right to assert your employee rights—and you don’t have to fight alone. Since 2000, our passionate work injury lawyers have successfully recovered millions of dollars in settlements for our clients in the Chicago area. We’re here to stand by your side and advocate on your behalf to achieve the compensation you rightfully deserve.
🧠 FAQ: Hiring a Workers’ Compensation Attorney in Illinois
1. Do I need a lawyer for a workers’ compensation claim in Illinois?
While hiring a workers’ compensation lawyer isn’t required, it’s highly recommended. A qualified attorney can help you file your claim correctly, avoid delays or denials, and fight for the maximum compensation you deserve. Most workers who hire an attorney end up with better financial outcomes than those who go it alone.
2. What does a workers’ comp attorney do?
An experienced workers’ compensation lawyer helps you gather medical evidence, file paperwork, meet deadlines, and appeal denied claims. They also communicate with your employer and insurance company on your behalf and represent you in hearings or trials if necessary.
3. How much does it cost to hire a workers’ comp lawyer in Illinois?
In Illinois, workers’ comp attorneys usually work on a contingency fee basis—meaning you don’t pay anything upfront. The lawyer only gets paid if you win your case, and fees are typically capped by Illinois law (usually around 20% of the award).
4. What if my workers’ comp claim was denied?
If your claim was denied, a lawyer can file a motion for a hearing date with the Illinois Workers’ Compensation Commission (IWCC). They’ll analyze the reasons for denial, collect additional evidence, and fight to have your case approved so you can receive your Illinois Worker’s Compensation benefits.
5. Can I still get workers’ compensation if I had a preexisting condition?
Yes. Even if you had a preexisting condition, you can qualify for benefits if your job made that condition worse or caused a new injury. Employers are not allowed to deny your claim solely because of a preexisting condition. I had a case recently in which my client had multiple knee surgeries, even a knee replacement, before his work injury. We were able to win his case by showing that the work injury accelerated his condition.
6. What happens if my employer or the insurance company delays treatment?
If medical care is delayed or denied, your attorney can push for immediate approval or take the matter to court. Quick medical treatment is essential for recovery, and an attorney ensures you aren’t left waiting while your injury worsens.
7. What compensation can I receive for a workplace injury in Illinois?
You may be eligible for benefits that cover medical expenses, lost wages, vocational rehabilitation, and permanent disability if applicable. If the injury causes long-term limitations, your lawyer can help you pursue the maximum settlement available under Illinois law.
8. How long do I have to file a workers’ comp claim in Illinois?
In most cases, you must notify your employer within 45 days of the injury and file your claim with the IWCC within three years of the injury date (or two years after your last payment). Acting quickly helps protect your rights.
9. How can McHargue & Jones help with my case?
At McHargue & Jones, LLC, our Chicago-based attorneys have decades of experience handling workers’ compensation claims. We’ve recovered millions for injured Illinois workers and can handle everything—from filing your claim to fighting denied cases—so you can focus on healing.
Were you recently injured on the job? Don’t settle for less than the compassionate and swift legal assistance that you deserve. Call (312) 739-0000 to book a free case evaluation today.