If you have suffered a workplace injury or illness in Illinois, you may be eligible for workers’ compensation benefits, regardless of whether your employer was at fault. The workers’ compensation attorneys at Ferris, Thompson & Zweig have the skills and knowledge to help injured workers get the compensation they deserve. Attorney Gary R. Thompson is a fluent Spanish speaker with 10 years of litigation experience, including workers’ compensation and personal injury cases. Our attorneys have more than 80 years combined trial experience and our firm has been fighting for the rights of injury victims since 1989.Illinois Workers’ Compensation Law
Generally, a person who receives accidental injuries during the course and scope of employment may receive workers’ compensation benefits. Employees may also be entitled to benefits for an “occupational disease.”
Most employers are required to provide workers’ compensation insurance coverage or otherwise self-insure against work-related injuries or illnesses. Although workers’ compensation is generally not fault-based, it is not always easy to obtain benefits. Employers or their insurers may question whether the injury occurred in the course and scope or employment or dispute the existence or extent of an injury. They may question the cause of an illness. Unfortunately, some employers do not comply with their legal requirements and may even discourage employees from filing claims. If you’ve been seriously injured on the job, you need the representation of an experienced Illinois workers’ compensation attorney to ensure that your rights are protected.Workers’ Compensation Benefits
Workers’ compensation benefits are calculated based upon the injury and the employee’s average weekly wage. The amount of benefits is therefore dependent upon the employee’s circumstances. The following types of benefits may be available to a worker injured on the job in Illinois:
- Medical Expenses are provided for medical care that is reasonably required for treatment of the injury or illness.
- Temporary total disability is paid at 66 and 2/3 % of the employee’s average wage with a percentage increase for a spouse and children, subject to specified minimums and maximums. These benefits are not available for the first 3 days of lost time unless the temporary total incapacity lasts for 14 or more days.
- Temporary partial disability is available for an employee working light duty part-time or full-time during recovery for less compensation than he or she would receive if employed in the full capacity of the job. Temporary partial disability payments are 2/3 the difference between the average amount the employee would earn in full performance of his duties at the time of the accident and what he or she is earning in the modified position.
- Vocational rehabilitation benefits are available during participation in an approved vocational rehabilitation program. These benefits may include job search counseling, supervising a job search program, and vocational retraining.
- Maintenance benefits are available during vocational rehabilitation at an amount not less than temporary total disability rate determined for the employee. They include costs and expenses incidental to the vocational rehabilitation program.
- Permanent partial disability is available to employees who sustain a disfigurement or permanent disability but are able to work. Benefits are based on a calculation involving the employee’s average weekly wage and the specific injury.
- Permanent total disability is available for an employee who is wholly incapable of work as a result of the injury. Permanent total disability is calculated at the same rate as temporary total disability, but is available to the worker for life.
- Death benefits may available if there is a surviving spouse, children, or dependents.
A work injury or illness can be caused by a third party’s negligence. If a third party is responsible for causing the injury, the worker may pursue a personal injury claim against the negligent third party. Pursuing a third party may allow the worker to recover pain and suffering or other damages not covered by workers’ compensation. Potential third parties may include negligent drivers, negligent property owners, or the manufacturers of defective products.Discuss Your Workers’ Compensation Claim with a Chicago Attorney
If you have suffered from a job-related illness or accident in the Chicago area, the work injury attorneys at Ferris, Thompson & Zweig will devote their efforts to protecting your rights. We know how to navigate the complexities of the Illinois workers’ compensation system and have the skills and experience to see your claim through trial, if necessary. Let us handle your claim so you can focus on recovering from your injury. If you have been injured at work, call us at (866) 602-3000 or contact us online.