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Our Workers’ Compensation Lawyers Help Injured Illinois Employees Get Paid
The workers’ compensation lawyers at Strom Yen Injury Attorneys have been helping injured workers in Chicago get paid for lost time and medical bills since 1977. If you were hurt while performing the duties of your job, and your workplace accident required you to obtain medical treatment and/or miss work, you may be entitled to receive substantial compensation. We can guide you through the complicated workers’ compensation claims process, so you can begin to recover.
Why Hire a Workers’ Compensation Lawyer at Our Law Firm?
There are various reasons that injured workers in Chicago turn to Strom Yen Injury Attorneys after a workplace accident.
What Is Workers’ Compensation?
Workers’ compensation is a type of no-fault insurance that most Illinois employers are required to purchase to ensure their employees are protected from financial ruin if they become injured on the job. A product of the “Grand Bargain,” workers’ compensation law was first enacted in Illinois in 1912.
Under the Grand Bargain, injured workers and the families of employees who were killed on the job are provided with a surefire means to access quality medical care, pay for burial expenses if applicable, obtain vocational rehabilitation if necessary, and replace a portion of the wage earner’s lost income, regardless of who was at-fault for the accident.
In exchange, injured workers are generally prohibited from filing injury lawsuits directly against their employers to recover additional compensation. This is known as the exclusive remedy rule.
Exceptions to the Exclusive Remedy Rule May Apply
Suing an Employer Directly for Work-Related Injuries
Injured employees who hire a personal injury lawyer and sue their employers for damages sometimes win larger settlements or jury awards than they would have received by filing a workers’ compensation claim. This is because, in addition to money for medical bills, personal injury plaintiffs can recover the full amount of their lost wages, and be compensated for pain and suffering and additional losses that are not compensable under the Illinois Workers’ compensation Act. For a personal injury lawsuit to be successful, however, the victim must prove negligence.
Some Types of Work-Related Injuries May Not Be Covered Under the Illinois Workers’ Compensation Act
- Intoxication Was the Proximate Cause of the Accident
- Injured Worker Is Independent Contractor
- Injured Employee Violated the Law
- Injury Was Self-Inflicted
Common Work Injuries Our Workers’ Compensation Lawyers See
Workers’ compensation attorneys in Chicago frequently handle work injury claims that involve:
- Construction accidents that occur when new buildings are under construction, roadwork is underway, or remodeling projects are in progress.
- Truck accidents that happen because truckers are fatigued.
- Malfunctioning equipment in factories.
- Slip and fall accidents on the job.
- Repetitive stress injuries.
- Aggravation of a pre-existing condition.
- Occupational illness or disease.
“Best firm in Chicago! I would recommend this firm to anyone who’s looking to be represented. The staff is very professional and friendly. Kevin yen is the best. He’s informative, reliable, and prompt. Kevin’s promptness is one of the many things that stood out to me. As he was very patient with me and all of the questions and concerns that i had for him. I can say with confidence that Kevin and his firm went above and beyond to properly communicate and share updates with me. Hands down the best ever. I would highly recommend this amazing firm.”
Filing Third-Party Injury Claims for Work-Related Accidents
When parties other than the injured worker’s employer contribute to the cause of work-related injuries, they may be held liable for the harm they inflict. Examples where third-party injury claims or lawsuits may apply include, but are not limited to:
FAQ About Workers’ Compensation in Illinois
Most people don’t think about getting hurt at work and how it can affect their families. The realities of the workers’ compensation system are often unknown. The truth is anyone, in any job, could be at risk for injury.
Workplace injuries can trigger significant personal and financial hardships. Not knowing what to do immediately after an accident could jeopardize your ability to receive workers’ compensation benefits – even when you’re entitled.
The first 48 hours following an accident are the most important. What you do during that time can make or break your workers’ compensation case.
Keep the account of your accident short, to the point and fact-based. Do not share any unnecessary information. What you say and to whom you say it could affect your case later.
The types of benefits for which you are eligible influence how much your workers’ compensation claim is worth. Generally, you will be eligible for compensation for medical bills, ⅔ of your average weekly wages, and PPD or PTD.
Injured workers in Illinois have just 45 days to notify their employer about a work-related injury. It is wise to report an injury as soon as possible after the incident occurs, however.
If you work from home, and you are injured during the course and scope of your employment, you may be entitled to workers’ compensation benefits.
- If you are able, tell your supervisor that you’ve been injured.
- Immediately seek medical treatment.
- When asked for medical insurance, tell them that you were injured at work and provide the name of your company. The medical facility will contact your company. The medical facility will contact your employer to verify workers’ compensation benefits.
- If workers’ compensation insurance is unavailable, use your own insurance.
Almost all jobs are covered by the Illinois Workers’ Compensation Act. Unless you are a Federal employee, or work in a limited number of maritime jobs, your employment and any injury that you suffer is covered by the Act.
There is no requirement that you work for your employer for any specific period of time to gain coverage under the Act. If you suffer an injury on your first day on the job, the Act covers you just as it would a ten-year employee.
You have the right to receive medical care of your choosing for any injury that you suffer while at work. In addition, if your injury makes it impossible for you to work, you have the right to receive 2/3 of your average weekly wage for the period that you are off of work due to your injury.
You must file an Application for Adjustment of Claim within three years of the date of the accident if no compensation was paid. If you receive payment for temporary disability or medical benefits paid by workers’ compensation or your group health insurance, then you must file your application within two years of the date of the last payment.
Yes. You should report your accident or injury as soon as possible. In the event that you have a repetitive-trauma injury (i.e. carpal tunnel syndrome or something similar), you should report it as soon as you are aware that your condition is related to your employment.
Almost all injuries, whether physical or psychological, are covered by the Act. A narrow selection of occupational diseases is covered by a similar law known as the Occupational Diseases Act.
A pre-existing injury may or may not affect your right to recovery under the Workers’ Compensation Act. If your injury was long in the past, and if you have not received any treatment for some time, there may be no impact on a workers’ compensation claim. If you have a pre-existing injury, you should contact one of the attorneys at Strom & Associates to discuss the specific interplay between your new accident and your pre-existing condition.
If a family member dies as the result of a work-related accident, the Workers’ Compensation Act provides that the surviving family members can receive benefits through the life of the surviving spouse or, if there is no surviving spouse, until the youngest child reaches the age of 18 or 25, depending on educational status.
A work-related death is obviously a traumatic event with far-reaching implications. Should you be unfortunate enough to suffer such a loss, you should contact one of the attorneys at Strom & Associates to discuss your rights.
Yes. Hearing loss is compensated by measuring the amount of damage that has been caused by the occupational injury.
They may be. The relationship between your employment and a heart attack or stroke is generally defined by your treating physician. The attorneys at Strom & Associates are experienced in working with physicians to determine whether any relationship between your employment and a heart attack or stroke exists.
In a successful workers’ compensation claim, medical bills are paid by your employer or its insurance company. On occasion, insurers refuse to pay medical bills despite the fact that the treatment was necessitated by a work injury. In these instances, the attorneys at Strom & Associates are able to force the matter before an arbitrator and fight to have all of your medical expenses repaid.
Yes. The Workers’ Compensation Act gives every employee the right to direct his or her own medical care. Often times, an employer will send an injured worker directly to a physician or clinic whose interests may not coincide with those of the worker. You have an absolute right to choose your own doctor and are not required to treat with any health care provider that was chosen by your employer.
Weekly benefits begin three days after you are removed from work. In the event that you are removed from work by your treating doctor for the work-related injury for more than 14 days, the first three days (for which you were not initially paid) will be repaid.
Assuming that you are unable to work, your weekly benefits will be 2/3 of your average weekly wage. Computing an average weekly wage may be more complicated than it appears at first blush. The nature and amount of overtime hours must be taken into account when determining the correct benefit rate.
It depends. Some people are able to navigate the period following an injury easily and require no assistance. However, some claims come very complicated very quickly and injured workers find that the assistance of counsel helps them to complete a seemingly insurmountable task. The attorneys at Strom & Associates are always mindful that deciding whether to retain an attorney is an important and, at times, difficult decision. We pride ourselves on not pressuring anyone to rush into a decision and will be happy to provide you with more information so that you can be fully informed of all factors when deciding whether to hire a lawyer.
No. Illinois law makes it illegal for any employer to retaliate against an injured worker for filing a workers’ compensation claim.