Illinois Lawyer Referrals and Legal Guidance
Quad Cities Workers’ Compensation Cases
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The Illinois Workers’ Compensation Commission oversees job-related injuries in and around Rock Island and the Quad Cities. There is a hearing site at 1528 3rd Avenue in Rock Island. If you are hurt while working on a construction site in the Illinois part of the Quad Cities, or perhaps you were injured while working out of state but you work in Moline or some other nearby location, your case may be heard at this hearing site. There is one Arbitrator who is responsible for all work injury cases in this part of the state.
The range of injuries covered under Illinois law is broad. Specific injuries, such as a sprain or strain from heavy lifting, are covered. Repetitive-stress injuries from performing the same motion over and over, such as on an assembly line, are also covered. Even occupational diseases – illnesses caused from chemicals or irritants, such as byproducts in a manufacturing plant – are generally covered.
Illinois is a no-fault state, meaning that fault is irrelevant in determining your benefits. If you got hurt because you weren’t paying attention, you will still get benefits. If your employer made an error that led to your injury, your benefits are the same. You cannot sue your employer for negligence in most cases.
Here is a brief overview of the three main types of benefits available in Illinois:
- Medical Benefits. You are entitled to complete medical treatment. Your bills should be paid 100% if your treatment is reasonable and related to your injury. No co-pays or out-of-pocket expenses for injured employees.
- Temporary Total Disability Benefits. If you are unable to work after your injury, you are entitled to 2/3 of your weekly wage (tax free). This benefit also is available if you are able to perform some “light-duty” work but your employer doesn’t have any for you.
- Permanent Partial Disability Benefits. If after treatment you remain disabled, you are entitled to compensation for the permanent nature of your injury. This determination is made by your doctor. If you are able to return to work but not at full pay, you may be compensated for part of the difference in wages.
If you have a doctor that you have treated with for other problems, you can continue to see that doctor for your work injury. Under Illinois law, you can choose any doctor you wish. (In some states, the employer or insurance company chooses the doctor.) In Illinois, the only time your employer or their insurance company may be involved in your treatment is if they request a one-time medical exam, called an independent medical exam (IME), by their doctor. This is used to resolve disagreements about diagnosis or treatment.
If you are looking to hire a workers’ compensation attorney in Illinois, we recommend that you hire someone with a track record of success. Typically this means an attorney who focuses his or her practice on work-injury cases. In Illinois, workers’ compensation attorneys charge on a contingency basis, meaning you pay nothing up front. In fact, you pay nothing unless your case is successful. If you end up getting zero benefits, you pay nothing.
In contingency fee arrangements, your lawyer gets a percentage of what you recover. In Illinois, work-injury fees are limited to 20% of the recovery amount. In other words, if you end up getting $60,000, your lawyer gets $12,000. Again, if you get nothing, there is no fee.
One of the most important pieces of advice we can give you is to notify your employer as soon as possible after you are injured. Do this in writing. Illinois law requires that you notify your employer within 45 days of your injury. If you miss this deadline, your case could be dismissed.
There also is a deadline (also called a statute of limitations) for filing cases with the Illinois Workers’ Compensation Commission. You have three years from the date of injury to file a claim, or if you have received some benefits, the deadline is two years from the last payment of benefits. This is an official notice to your employer and the state that you are pursuing your case. If you miss this deadline, your case could be forever barred.
Remember that a workers’ compensation claim is not a lawsuit. It is a claim for benefits, similar in some ways to filing a claim with your health insurance company. Your employer’s involvement in the claim is usually minimal. You and your lawyer will deal directly with the insurance company. Unlike health-insurance cases, quick action can make a difference in your workers’ compensation claim. And if the insurance company acts unreasonably, there are significant penalties.
A good work-injury lawyer will answer all your questions and be there for you if anything goes wrong. Some cases are straightforward, and a lawyer will just be there to guide you. In other cases, benefits are denied, or medical bills go unpaid, and you need an attorney to fight for your best interests. If you have questions or would like our help in finding the right lawyer for your case please contact us.
Accidents in any of the following cities will likely be assigned to a hearing with an Arbitrator at the Rock Island Workers’ Compensation Commission:
| Aledo | Cordova | Matherville | Port Byron |
| Andalusia | East Moline | Mercer County | Preemption |
| Annawan | Eliza | Milan | Quad City Airport |
| Atkinson | Geneseo | Mineral | Rapid City |
| Barstow | Green Rock | Moline | Reynolds |
| Buffalo Prairie | Hampton | New Boston | Rock Island County |
| Carbon Cliff | Hinsdale | New Windsor | Sherrard |
| Cleveland | Illinois City | Oak Grove | Silvis |
| Coal Valley | Joslin | Orion | Taylor Ridge |
| Colona | Joy | Osco | Viola |