Information About Worker’s Compensation In Chicago

Qualifying for Workers’ Compensation

If you live in Chicago, Illinois, and you have suffered an injury at work, you may be entitled to workers’ compensation benefits. Workers compensation is only granted if a work injury occurs at the work site and the worker was not at fault (not intoxicated, reckless or engaged in intentional behavior which caused the injury).

Work injuries which occur at the work site but not while an employee is performing their work duties may also be eligible for worker’s compensation. Work injury compensation does not cover work injuries while the employee is travelling to and from work but may cover injuries of an employee who is offsite if they are performing a job duty. Deaths or injuries at work caused by substance abuse are not covered. Some state laws specifically cover work injuries suffered from the violent actions of other workers, while other state laws are less clear.

Common injuries at work which are covered by worker’s comp may include work injuries from exposure to toxic chemicals, equipment malfunctions, injuries from heavy labor or work place harassment. Pre-existing conditions which have been exacerbated from work duties may also be covered by workers compensation.

Worker’s Compensation Benefits

Work injury compensation is administered by the State Department of Labor. Work compensation claims are part of strict liability law which means the injured worker does not have to prove the work injury was a result of the employer’s negligence.

Work compensation injury laws were created to limit the ability of the worker to file a tort lawsuit against their employer. Compensation for Chicago workers who file worker comp claims is established by Illinois workers compensation law and includes:

• Paid medical expenses required for care and treatment of the work injury: surgical, dental, hospital visits, medication, and medical supplies.
• Disability payments which provide compensation for up to 2/3 of the injured worker’s wage for the days they are unable to work.
• Permanent disability payments which could be up to 2/3 of the worker’s wage at the time of the accident if the worker is scarred, disfigured or disabled and unable to return to work.
• Death compensation benefits for dependents of the deceased worker if the injury was fatal.

Chicago workers compensation does not generally cover pain and suffering, loss of affection, sexual relations or emotional distress.

Do I Need a Chicago Worker’s Compensation Attorney?

If you have suffered an injury at work, filed your work compensation claim and the employer has paid the workers compensation benefits, there may be little that a Chicago Work Injury Lawyer can do for you. But if you need advice or have not filed your claim, it is important to remember that your employer and their insurance company have representation and you may want an Illinois attorney working for you.

If your worker’s compensation claim has been rejected, the work injury was caused by malfunctioning third party equipment or your work compensation claim has led to discrimination (demotion, reduction in pay, harassment or firing) against you, a Chicago Workman’s Comp Attorney should be contacted immediately.