Work Injury & Workers’ Compensation Lawyers
Our society is literally built upon the efforts of skilled workers. The hard work of men and woman is necessary to aid in the construction of our factories, efficiently build our roads, and keep the wheels of our economy moving forward.
Although these jobs are necessary, they can often times be dangerous as well. It is common for workers to be injured on the job, sometimes purely by accident, other times due to negligence on the part of the employer. Injuries and illnesses that are obtained on the job can put hard working people out of work for days, months and even for the rest of their life.
It is important that workers know their rights and what they are legally financially entitled to under the law. There are many expenses involved with being injured on the job and many of them can be long-term and cause a hardship on the worker and their family.
Illinois Work Injuries
Work injuries can happen at any type of business, but of course certain jobs are more dangerous than others. Some of the highest rates of injuries are jobs in the physical labor trades such as: construction, manufacturing, transportation, and agriculture. Whenever a job involves heavy equipment, lifting, driving or working with chemicals, there seems to be a higher incidence of injuries and illnesses. Common types of injuries are:
- Muscle strains and sprains
- Bruises and contusions
- Fractured bones
- Multiple injuries
- Crushing injuries
- Traumatic Brain Injuries (TBI)
When workers are injured in the course of their employment, the injuries impact both the individual and his or her family. Urban & Burt, Ltd. remains committed to seeing that every Chicago suburban and Chicago area work-injury case is fully investigated and that all parties responsible for the injury are pursued.
Experienced Work Injury Attorneys
Urban & Burt, Ltd. focuses on the handling of workers’ compensation injuries.
As an employee, if you are injured in the course of your employment, you are likely covered under workers compensation under the laws of Illinois. Though workers’ compensation traces its roots to the days when many more people were engaged in “high risk” trades where catastrophic injuries were commonplace, the workers’ compensation system remains in place today to protect men and women engaged in all lines of work, even those with very little injury risk.
Who’s Covered Under Workers’ Compensation Law In Illinois?
Everyone who works for an employer is covered. Not only people who do manual labor , even sedentary professions like a judge, lawyer or their support staff are covered under workers compensation if they are injured in the course of their employment. For example, if a secretary injures her back while moving boxes full of files, she can pursue a workers compensation case against my office for her medical treatment, time lost from work and resulting permanency related to the lingering impact of the injury. Permanency is a term used in workers compensation when referring to a permanent impairment that is caused by a work injury.
No-fault employer responsibility for the injuries sustained by their employees on the job
Unlike most types of personal injury cases that require an injured party to establish fault on the part of a wrongdoing party, you do not need to prove fault to pursue a workers compensation case. Similarly, an injured worker is likely limited in his or her recovery from the employer under the terms of the workers’ compensation act exclusively.
Local Work Injury Attorneys
Benefits afforded to injured workers in Illinois
In Illinois, employers are required to have workers’ compensation insurance to assure the legal rights of injured employees are satisfied. The statutory rights the Illinois Workers’ Compensation Act grants injured workers include:
- Medical treatment
- Time lost from work due to injuries
- Permanency benefits for partial or total permanent disabilities
- Vocational Training
- Death Benefits
Workers that are injured, disabled or have a fatality while on the job are in most cases able to receive compensation for them and their families. However, many people do not know how the workers’ compensation law works and all the benefits they can receive. In Illinois, the weekly benefit maximums and minimums can change every year, so what was offered for the same injury a year ago may have changed. Without an expert on their side, workers may not get all that should be coming to them for their injury. Benefits amounts can differ depending on the wage and salary of the employee and on the type of injury so having legal assistance can help negotiate the best settlement.
How much is my Illinois workers’ compensation case worth?
Understandably so, after the immediate medical needs have been attended to, the attention of most injured workers then focus on the value of their case. For workers ‘compensation cases in Illinois, “value” of the case is referred to as the “lump sum” settlement or award that is awarded to the injured worker upon his or her return to maximum medical improvement. Once an injured worker has recovered as far as he or she can from their work-related accident, Illinois law allows them to recover a lump sum settlement based upon the extent of their injury and how much money they were making at the time of their injury.
In Illinois, each part of the body is allocated a certain number of “weeks” where an injured worker can recover based upon the extent of his injury to a particular body part. Each injured employee has a responsibility to demonstrate their disability related to their particular injury to the portion of their body alleged.
So for an employee who injured his arm and has only regained 50% functionality, they would be entitled to an award of 50% of an arm under Illinois Workers’ Compensation Law. When determining the specific dollar figure, the loss of the functionality is calculated against the workers average weekly wage to determine a lump sum award.
Obviously, the employees income at the time of his injury is a substantial factor in determining a case’s value. For example, a person making $1,000.00 per week would get twice as much for a lump sum settlement under Illinois work comp law compared to an employee making $500.00 per week. As an workers’ compensation attorney, they need to demonstrate the full extent of the impairment in order to recover the maximum amount for each employee.
For a worker who is so significantly injured that he or she cannot resume their pre-injury position, Illinois law affords the employee an opportunity to do vocational training and/or an award based upon his diminished earning capacity. In this respect, an employee earning $30.00 per hour at the time of his injury and capable of earning $20.00 per hour thereafter would be entitled to an award based upon the wage differential for the rest of his working life.
In a case of a young worker, they would be entitled to a wage differential award for the entire course of their working life, whether it is 10, 20, 30 or 40 years. The amount of a wage differential for an Illinois workers compensation case can be substantial. However, like all aspects of workers compensation law, it is up to the employee to prove the extent of his or her disability– or inability to resume their pre-injury position.
It is the responsibility of the injured worker to contact the insurance carrier to negotiate a lump sum payment. There is no obligation for insurance carriers to voluntarily pay you your workers compensation benefits. Why not let our attorneys assist you in obtaining the maximum statutory benefits that you are entitled to pursuant to workers compensation law? We can help you get the most for your injury to cover your losses.
If you are a union worker, skilled trades-person, or just a hard-working person trying to make a living and suffered a serious injury on the job in Illinois, Urban & Burt, Ltd. is committed to maximizing the value of your case in the most expeditious manner possible. We have a team of experts that will investigate the individual circumstances surrounding your injury case and will do the research needed to prove your claim.
Similar to our other personal injury areas, we only charge an attorney’s fee when there is a recovery for you. Further, we offer flexible office hours and will even come to your home or hospital to make the process as easy as possible for you. If you or a loved one has had an on-the-job injury, call us to schedule an appointment and let us advise what rights you or your loved one have for compensation.