Chicago Workers’ Compensation Lawyers Fighting for Injured Employees
If you have been injured at work, it is essential to understand the benefits available to you under Illinois’ Workers’ Compensation Act. These benefits apply to most full- and part-time workers, including health care professionals, warehouse employees, and construction workers.
- Am I Eligible for Workers’ Compensation Benefits in Chicago, IL?
- What Benefits Can I Receive Through Workers’ Compensation in Chicago, Illinois?
- Can I Be Fired for Filing a Workers’ Compensation Claim in Chicago?
- What If My Workers’ Compensation Claim Is Denied in Chicago, IL?
- Can I Sue Someone Outside of Workers’ Compensation for My Injury?
- What’s the Difference Between a Workers’ Comp Claim and a Third-Party Lawsuit?
- How Long Do I Have to File a Workers’ Compensation Claim in Illinois?
- Contact Us for a Free Consultation Today
- Testimonials
At Levin & Perconti, our experienced workers’ compensation attorneys can help you understand your legal rights and pursue the full benefits you deserve. Since 1992, we’ve recovered over $2 billion in settlements and verdicts for injured clients across Illinois.
Let our team handle the claims process so you can focus on healing. Call us today at (312) 332-2872 or use our online form to schedule your free consultation.
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Am I Eligible for Workers’ Compensation Benefits in Chicago, IL?
Under the Illinois Workers’ Compensation Act, benefits are provided to most employees who experience workplace injuries or occupational diseases. These benefits are usually paid regardless of who is at fault.
Illinois employers are required by law to obtain workers’ compensation insurance regardless of whether they have only one employee or part-time employees. As a result, an estimated 91% of employees in Illinois are covered under the Illinois Workers’ Compensation Act. For those who are covered under the Act, coverage begins the moment they are hired.
Some exceptions exist. Sole proprietors, business partners, corporate officers, and members of LLCs may opt out of coverage. If you are unsure whether your job is covered, an attorney at Levin & Perconti can review your employment classification and explain your rights.
What Benefits Can I Receive Through Workers’ Compensation in Chicago, Illinois?
Here’s a breakdown of the types of workers’ compensation benefits available in Illinois:
- Medical Expenses: The employer must pay for all medical care reasonably necessary for the injured employee. This can include doctor visits, surgery, prosthetic devices, pharmaceuticals, and more.
- Wage Replacement: If you are unable to work temporarily due to your injury, you may qualify for Temporary Total Disability (TTD) or Temporary Partial Disability (TPD) benefits, depending on your capacity to return to light-duty work.
Permanent Total - Disability (PTD): This benefit is for employees who cannot work again due to the injury. They are entitled to two-thirds of their average weekly wage for life, subject to minimum and maximum limits.
Permanent Partial - Disability (PPD): If an injury sustained at work leads to lasting impairment, employees may be eligible for benefits determined by the extent of the injury.
Vocational - Rehabilitation: If an employee cannot return to their job due to a work-related injury, they may qualify for employer-sponsored job retraining, placement assistance, or educational benefits to help them find a new job.
- Survivor benefits: If a worker dies from a job-related injury or illness, their surviving family members may receive compensation for funeral expenses, medical bills, and lost financial support.
While you are not required to hire an attorney to file a claim, working with a knowledgeable workers’ compensation lawyer can significantly reduce stress and increase your chances of receiving full benefits. Our team at Levin & Perconti can handle every step of the process so you can focus on your recovery.
Can I Be Fired for Filing a Workers’ Compensation Claim in Chicago?
The Illinois Workers’ Compensation Act contains several protections for employees seeking to file a compensation benefits claim. It is unlawful for an employer to fire, threaten to fire, or discriminate against an employee pursuing compensation benefits after an accident. However, this protection does not prevent an employer from firing an employee for other reasons, such as poor performance or layoffs.
If you believe you faced retaliation or discrimination due to your filing for workers’ compensation benefits, speak with a personal injury attorney to review your legal options.
What If My Workers’ Compensation Claim Is Denied in Chicago, IL?
Unfortunately, some insurance carriers may deny valid workers’ compensation claims—even when the injury clearly occurred on the job. They may claim your injury is not work-related, not severe enough, or that you missed deadlines or failed to follow procedures. These denials can jeopardize your access to medical treatment, income replacement, and other vital benefits.
If your claim has been denied in Illinois, do not give up. You have the right to appeal. The workers’ compensation attorneys at Levin & Perconti can help you challenge the denial and fight for the benefits you are entitled to under the law.
Can I Sue Someone Outside of Workers’ Compensation for My Injury?
Yes, it is possible to file a third-party lawsuit to recover expenses that workers’ compensation benefits do not cover. A third-party lawsuit involves legal action against an entity or individual other than the employee’s employer.
For example, if you are a construction worker injured by defective equipment or the negligence of a subcontractor, you may have a valid third-party claim. Other potential defendants include property owners, drivers, vendors, or manufacturers whose actions or products contributed to your accident.
What’s the Difference Between a Workers’ Comp Claim and a Third-Party Lawsuit?
While both are used to obtain compensation for workplace injuries, each method accomplishes that differently. Here are a few key differences between a workers’ compensation claim and a third-party lawsuit:
| Worker’s compensation in Illinois is a no-fault system. | This means you receive workers’ compensation benefits regardless of who caused the accident – even if you are the reason for the accident. Your ability to collect damages through a third-party lawsuit depends on the percentage you are at fault. |
| Workers’ compensation will not cover non-economic losses | like pain and suffering. However, you can pursue damages for those losses through a third-party lawsuit. |
| The Illinois Workers’ Compensation Act protects covered employers from being sued | by employees for workplace injuries. |
| In a third-party lawsuit, you can pursue compensation from negligent parties other than your employer. | You cannot sue your employer if they carry workers’ compensation insurance. |
| Different time limits. | You typically have three years to file a workers’ compensation claim, but only two years to file a third-party lawsuit. |
What Compensation Can a Third-Party Injury Lawsuit Provide?
The most significant compensation in a third-party lawsuit often comes from non-economic damages, which are subjective losses and are not usually covered by workers’ compensation benefits. Below are a few examples of non-economic damages:
- Pain and suffering
- Loss of bodily functions
- Loss of enjoyment of life
- Disability
- Emotional distress
$7.5 Million
Settlement
Illinois Record Jones Act settlement for a 37-year-old man who sustained serious neck and spinal cord injuries in an Illinois boat explosion. This settlement surpassed Levin & Perconti’s previous Record Jones Act settlement of $4.5 million, set in 2007.
$5.7 Million
Settlement
for a 27-year-old roofer in a workplace injury case who was paralyzed when he fell from a roof as a result of the general contractor’s failure to provide appropriate safety devices.
$4.5 Million
Settlement
Former Illinois record Jones Act settlement for a deckhand whose leg was crushed between two barges, resulting in an above-the-knee amputation.
$1.5 Million
Settlement
construction site injury settlement for a 33-year-old man who sustained severe injuries after falling through a chimney stack opening that was not covered or marked on a residential construction site in Glencoe, Illinois.
$840,000
Verdict
for a man who sustained a workplace back injury resulting in multiple spinal surgeries.
$750,000
Settlement
for a 27-year-old man who suffered a closed head injury and back, hand, and shoulder injuries while working at a Bartlett retailer. As our client was raised on a forklift unloading a shipment from a tractor trailer, the truck’s driver pulled away from the loading dock without warning, catapulting our client and causing him to strike his head on the trailer’s roof and fall.
How Long Do I Have to File a Workers’ Compensation Claim in Illinois?
In Illinois, employees generally have three years from the accident to file a workers’ compensation claim. However, if you have previously filed a claim for benefits, you only have two years after the last compensation payment to file the new claim.
For injuries resulting from exposure to radiological materials, equipment, or asbestos, the employee has 25 years from the last day of their employment in an environment of such hazardous materials to file a claim for benefits.
In addition to these filing deadlines, it is critical to report your injury to your employer within the appropriate time frame:
- General work injuries: Must be reported within 45 days of the incident.
- Radiation-related injuries: Must be reported within 90 days of the date you believe you were overexposed.
Failing to report your injury within the applicable time limit may jeopardize your right to benefits. A workers’ compensation attorney at Levin & Perconti can ensure you meet all deadlines and avoid unnecessary delays or denials.
Contact Us for a Free Consultation Today
If you were hurt on the job, you may be entitled to compensation for medical care, lost wages, and more. Let the trusted attorneys at Levin & Perconti help you understand your rights and pursue the maximum benefits available under Illinois law.
Since 1992, we’ve recovered more than $2 billion in verdicts and settlements for clients across Chicago and throughout Illinois. Our experienced personal injury attorneys are ready to stand by your side—whether you need help filing a claim, appealing a denial, or exploring your third-party options.
Call (312) 332-2872 or contact us online today for a free consultation.
Testimonials
Not only were they so professional but also so caring and thoughtful. It was very difficult going over the facts in our mother's case but they were so compassionate and understanding and allowed us to be with them every step of the way. We were able to sit in on the depositions and we were really able to see how hard they worked on our behalf.
During that time, my family and I suffered the loss of my mother. Mr. Levin and Mr. Perconti were more than just our lawyers. Words can’t really express our gratitude.
They were most patient and responded timely to many questions throughout the entire process. All demonstrated professionalism and extensive knowledge of case and state laws. Their in-depth investigative work uncovered details which were unknown to us and yet sadly confirmed our suspicions. We would recommend the Levin and Perconti Law firm and especially this team.
During that time, my family and I suffered the loss of my mother. Mr. Levin and Mr. Peconti were more than just our lawyers. Words can’t really express our gratitude. My family and I will always be grateful for the compassion that they showed us. I want to thank you for what you did for my family, and for always being there for us.
Margaret’s representation, guidance, and professionalism gave us the sense that we could put our trust in Levin & Perconti and the final outcome proved that to be true.
Legally Reviewed by
John J. Perconti
Contact Us
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- (312) 332-2872
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Notable Results
SETTLEMENT
for a 5-year-old boy run over by a fire truck as he played on a fire hydrant, resulting in the loss of his leg and half of his pelvis
SETTLEMENT
for the family of a 32-year-old woman who was killed when their pick-up truck was rear-ended by a semi-truck
VERDICT
for a 23-year-old woman who suffered multiple leg fractures in an automobile collision
Our Office
325 N LaSalle Dr Suite 300
Chicago, IL 60654
312-332-2872