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From Our Blog

We have a blog that hopefully provides helpful tips for injured workers in Illinois. The following are some of our favorite tips.

You can file for workers’ comp in Illinois even if you were only hired here

Let’s say your employer is based in State A, you were hired in State B, and you suffered a work injury in State C. You’re probably confused about where to file a workers’ compensation claim.

Our advice: file in Illinois if you can.

Illinois has worker-friendly laws when it comes to workers’ compensation. And you can generally file your claim here even if you haven’t been to Illinois in years. If your only connection to Illinois is that you were hired here when you first joined the company, even if it was 15 years ago, you can file your workers’ compensation claim here.

If you weren’t aware of this rule, and you filed a claim in another state, it may not be too late. If Illinois law entitles you to more benefits than you got in the other state, you can file here as well. Even if you closed your case in that other state, and even if you signed something saying that you couldn’t seek additional benefits, you can still file here. Only the Illinois Workers’ Compensation Commission can close out your Illinois work injury claim.

Four things to think of before hiring an injury attorney

1. You shouldn’t have to pay anything upfront. Injury attorneys almost always charge a contingency fee, meaning that you don’t pay unless and until you win. The fee is a portion of the amount you recover at the end of the case, either in settlement or at trial. It can vary, but most injury attorneys charge a contingency fee of 1/3.
2. Find a lawyer who handles injury cases often. The best option, in our opinion, is someone who focuses their entire practice on injury cases, whether it’s medical malpractice, a car accident, or a slip and fall case. Even better, find someone who has handled a case with similar facts. If you suffered permanent injury because of an incorrectly prescribed medication, or paralysis because your air bags that didn’t deploy, find an attorney who has had clients in the same situation.
3. Experience is important, but so is success. Find a lawyer who has been successful in your type of case. While this doesn’t mean they’ll automatically win your case, it’s a good place to start
4. Interview your attorney before hiring them. Ask what their plan is for your case. Ask how they will communicate with you. Ask what their strategy is, and what you can do to help your case. Ask how much they think your case is worth. If the attorney isn’t willing to answer your questions, or seems disinterested, maybe you should keep looking.

Overview of workers’ compensation benefits in Illinois

Here’s an overview of what you can expect to receive in terms of benefits if you’re hurt on the job in Illinois. All work injuries are usually covered, and workers’ compensation is your only option – you generally cannot sue your employer for a work injury.

Medical bills

In Illinois, workers injured on the job are entitled to 100% of their medical expenses. This includes immediate treatment and ongoing medical care, as well as prescriptions, physical therapy and surgery in many cases. The basic rule is that the treatment has to be necessary and related to your injury in order to be covered.

Lost wages

If you are unable to work because of your injury, or if your doctor restricts your activities and your employer can’t accommodate you, you’ll get paid for part of your lost income. This is called Temporary Total Disability, or TTD. You will receive 2/3 of your average weekly wage over the last 52 weeks. There is no time limit on how long you can receive TTD payments. They end when you can go back to work, or when your employer can accommodate any restrictions.

Permanent disability

Permanent Partial Disability, or PPD, is for permanent injuries. The amount depends on the type of injury you have and how it affects your life now and in the future. If you can’t work, or can only work at a job that pays less, you may be compensated for part of the difference. The PPD amount is negotiated by lawyers and can be different in every case.

Employer penalties

If an employer wrongfully denies you benefits, they may have to pay you a penalty. Other than this, there are no punitive damages or “pain and suffering” damages in workers’ compensation cases in Illinois.

Suing a third party for your injury

Although you can’t sue your employer for a work injury, you may be able to sue a third party who was at fault. For example, if you’re installing cable for a customer in a high-rise building, and the elevator malfunctions and you get hurt, you could file a personal injury lawsuit against the building owner. You could still pursue workers’ compensation as well.

New law alert! You can now work naked, drunk or not at all and get paid for it

On Friday the Illinois Supreme Court made a much anticipated (at least to work comp lawyer) decision about whether or not an employee can received workers’ compensation benefits if they are “fired for cause.”

In Illinois workers’ compensation cases, it’s common for an injured worker to still receive medical care, but be released back to light duty work. For example, a laborer hurts his back and has surgery. While still receiving treatment by his doctor he is returned to work with restrictions of no lifting more than 20 pounds. If the employer has that work available the worker must do the job. It used to be that if the employee returned to work and was fired for cause (absences, fighting, inappropriate behavior, etc.) then the insurance company did not have to pay lost time benefits – known as TTD, 2/3 of your normal wage tax free.

The Supreme Court rejected this rule and now the law is that if you have restrictions and are not at “maximum medical improvement” then if you get fired for cause it doesn’t matter, you still get paid until your condition stabilizes.

And while we don’t recommend it, this means that a worker could purposely do a bad job, spit on their boss, show up to work drunk or naked or do anything else that everyone agrees is grounds for being fired and that person could go home and collect a check.

In general we think the Illinois workers’ compensation laws are excellent and fair for both workers and employers. But we suspect that this ruling will be changed at some point by the legislature and it’s probably the right thing to do.

Illinois workers compensation laws: When can you have a case in IL?

A recent caller reminded us of how poor the work injury laws are in another state. He tore both of his rotator cuffs and even though he made more than $1,500 a week on his job, because the company is based out of another state they are paying him based on the laws of that state. He is limited to receiving just over $500 a week which is about 1/3 of his wage. If he could bring the case in Illinois he would receive 2/3 of his wage tax free, over $1,000.

So how can he bring the case in Illinois? Three ways.

1. If you are hurt in Illinois you can file here. In this case he has what is called a repetitive trauma injury from overuse of his arms. There is no specific accident location and since most of his work was not in Illinois (he travels throughout the country as a laborer) he can’t make that argument.
2. If the business is "principally located in Illinois" you can file for benefits here. Unfortunately for this guy the business is headquartered elsewhere and most of his work isn’t here. So no dice there.
3. If the last act to hire you took place while you were in Illinois then you can bring a case here. In other words, when they offer you the job if you are in Illinois you can someday bring an Illinois workers’ compensation claim.

Good news for our caller was that although he interviewed out of state, he wasn’t offered the job until he got back to the Land of Lincoln. He was offered the job over the phone while he sat in his living room. As a result he gets to file his case here. He will retroactively get a pay increase and most importantly for his health he will get to choose his own medical providers without any interference from the insurance company.

Moral of the story is that if you have any connection to Illinois and get hurt on the job you should investigate to see if you can bring a claim here.

Illinois Workers’ Compensation: Five Things You Should Know

Every year in Illinois more than 100,000 people get hurt on their job and approximately 70,000 people formally file claims with the State of Illinois to officially pursue benefits. We get contacted by about 20 people a week who may have a case. Here are some tips that we often provide that most people were not aware of.

Filing a case is not a lawsuit against your company.

When you file a claim for workers’ compensation, you are not filing a lawsuit. Filing a workers’ compensation claim is similar to filing a claim with a health insurance carrier. This is usually your only option; you cannot sue your employer for negligence. The idea behind the workers’ compensation system is to get benefits to workers more quickly than would be possible through the traditional court system. It doesn’t matter who was at fault for your injury. If you were careless, you still get benefits. But in return, if your employer was careless, they are protected from a lawsuit.

No health insurance? You’re still covered.

Your eligibility for workers’ comp payments and benefits does not depend on health insurance coverage. If your injury was caused by your job, you can see a doctor and your bills will be covered. Even if you need surgery, it will be covered as long as it is reasonable and necessary. This medical coverage is 100%, so you should not owe anything out of pocket. In Illinois, you can see any doctor you choose.

You should find out in two weeks if your claim is accepted

Your employers’ workers’ compensation insurance company will be the one paying you benefits after a work injury. In most cases, they are supposed to deny or accept your claim within two weeks. They cannot deny benefits without a valid reason. If their reason is not valid or they are dragging their feet, you can file a petition for penalties and fees. Hiring an experienced workers’ compensation attorney is a good idea. They will know how to work with the insurance company and can help you move things forward.

You only have 45 days to notify your employer

If you are injured on the job, notify your employer right away. In Illinois, you are required to give notice within 45 days. The 45 days either starts the day you were injured or the day you should have known your injury was work related (such as in cases of repetitive stress injuries). If you fail to notify your employer within the time limit, your claim could be denied. This law has been pretty liberally interpreted by the Courts in Illinois to the point that even if your employer is aware that you are injured that they will be considered to have notice of your injury.

A pre-existing injury doesn’t make you ineligible

If you have a pre-existing injury and it’s made worse by your job, you should be covered. Your claim cannot be denied simply because you were more prone to an injury. If you had back surgery a year ago, but have been treatment free, if your back goes out on you on the job then you can still file a case.

Injury cases in Illinois, lawyer location doesn’t usually matter

If you read our Illinois lawyer referral website or this blog, you’ll notice that we tell you if you are charged with a crime, going through a divorce or involved in a civil matter, having a local lawyer can be the difference between winning and losing. Often those cases are decided by the Judges and having an attorney in your corner who has a relationship with the Judge is a big deal. On top of that, you end up paying more for your attorney if they have to travel.

When it comes to injury cases like workers’ compensation, car accidents and medical malpractice or even situations like legal malpractice, getting a lawyer from out of the area is not only not a big deal, it’s common. Let us explain for each of those four areas.

Workers’ Compensation: The State caps attorney fees in these cases at 20% of what is recovered. So you don’t pay travel costs. Beyond that, workers’ compensation laws seem to change every day with new cases creating new law. As a result, we think it’s a good idea to hire a work injury attorney that has at least 75% of their practice (if not all of it) dedicated to representing injured workers. Unlike divorce and criminal law, in every county but Cook there are only a few days of work injury hearings before a Judge every month. As a result you will see lawyers that really focus on this area of law traveling from county to county. It’s not unusual for 90% of the lawyers in cases that are in Joliet, Wheaton, Woodstock or other area to actually be from Chicago. Even though they aren’t "local", these attorneys have the best relationships with the Judges.

Car Accidents: Most attorneys charge 1/3 of what they recover for you. So the cost is the same whoever you hire. Also, most of these cases settle without a lawsuit being filed. As a result, we strongly recommend that you hire a law firm that has a real track record of dealing with insurance companies. If a lawsuit does have to be filed, you should verify that they regularly go to your county. The attorney can be local or from out of the area. The number one issue in our mind is how much experience they have or are they really a jack of all trades type attorney.

Medical Malpractice: A lot of attorneys say that they handle these cases, but in reality there are very few that have tried more than a handful of these cases. Illinois medical malpractice lawsuits are very expensive ($50,000 to $150,000) to get through a trial and most law firms don’t have the financial resources to risk. If you have a catastrophic result from medical negligence, there are three important factors in hiring a firm: 1. Experience- How many malpractice cases have they tried and do they understand the medicine. 2. Track record of success- Can they demonstrate big wins in the past. 3. Financial ability to see this case to the end without asking the client for any money. Location of the lawyer is irrelevant. You will find that most of the successful medical malpractice law firms are in Chicago. This is because there are more Cook County med mal lawsuits than anywhere else due to our higher population.

Legal Malpractice: The reasons are the same as medical malpractice. An additional reason is that in some areas of the State, all of the lawyers know each other and can’t sue each other. That’s not a problem in Chicago, but we think finding a Peoria lawyer to sue another Peoria lawyer would be almost impossible. Just another reason to look out of the area.

Illinois workers’ compensation benefits

Illinois workers’ compensation cases are not lawsuits. Employees in Illinois can typically not sue their employer for negligence. Instead they get workers’ compensation benefits and don’t have to prove any fault or negligence if their injuries arose out of and in the course of their employment. Injured workers usually can receive:

100% of their medical bills: That means no co-pays or out of pocket expenses if the treatment is reasonable and necessary. If you are hurt on the job in Illinois and pay a penny for medical care you’ve paid too much. Remember though, your treatment has to be reasonable and also related to your injury. If your doctor prescribes it, it’s probably covered. If your back hurts and on your own you be a therapeutic pillow, you likely won’t get that money back.

66% of your average weekly wage: This is also known as TTD benefits or temporary total disability. You get 2/3 of your average wage over the last 52 weeks. Unlike some other benefits like long term disability, there is no maximum amount of time to receive TTD. You get it until you are back to work at your old job or can work with restrictions that your employer can accommodate. There are many exceptions that can impact what your actual average weekly wage is, especially if you worked overtime, took vacation or received bonuses. The higher your wage, the more your case is worth.

A settlement for the permanent nature of your injury: This is known as PPD or permanent partial disability benefits. The amount you receive for this depends on your wage and the impact of the injury on your life and how it will effect you in the future. Lawyers determine this by looking at your medical records and comparing your situation to past cases that have been settled or decided by a Judge in Illinois. Again, the more you make the more that you get for PPD. Every case is different. If for some reason you can’t return to work or you can only do a job that will pay you less money then you might be eligible for what is called permanent disability benefits or wage differential benefits.

In some instances you can get penalties and fees against your employer which will increase your compensation. This usually happens when benefits are denied without any basis. There is no provision under the Illinois Workers’ Compensation Act to receive "punitive damages" or compensation for "pain and suffering."

Although you can’t sue your employer for negligence in almost every scenario, you can sue someone who is not part of your company if they caused your work injury. In other words, if you work for a moving company in Chicago and get hurt as a passenger in a car accident, you can’t sue your co-worker if they were at fault. On the other hand, if you were in a car accident and someone else who doesn’t work for your employer was at fault, you can bring a lawsuit and still pursue an Illinois work comp case.

If you are hired in Illinois you can pursue an Illinois workers’ compensation claim

One of the unusual laws about Illinois workers’ compensation is that if you are physically you in Illinois when you are hired for a job if you ever get hurt working for that employer you can file an Illinois workers’ compensation claim.

In other words, let’s say you work for American Airlines and come to Chicago to take a physical, then return home to Florida to do your job. Let’s also say that this happened in 1985 and you have haven’t been back to Illinois since the physical. If you get hurt working in Florida you can still pursue IL work comp benefits.

Now why would you do this? Because Illinois has the most worker friendly laws in the country. You choose your doctors, there is no limit on what you can receive and the rate of benefits is higher than any state we’ve found.

On top of all that, even if you settle a workers’ compensation case in another state, you can pursue a claim in Illinois. What happens is that the insurance company gets a credit for the out of state settlement. Confusing? Let us explain. If the case settles for $15,000 in another state, but would have been worth $40,000 in Illinois, as long as you file the case in time you can get an extra $25,000, even if the settlement contract in the other state says that you are agreeing to close out your rights to any possible case. The law in Illinois is that only the Illinois Workers’ Compensation Commission can close out a workers’ compensation case.

Five random legal tips

Every Wednesday we offer five legal tips based on discussions we have had with readers.

1. Age discrimination in Illinois- It’s illegal to discriminate based on age if someone is 40 or older, but if they are under 40 and that is why you are discriminating it is perfectly legal.
2. Abandoning a house- If you leave a home that you and your spouse own, you don’t lose your marital rights (or responsibilities) to that house. Same goes for leaving children although we don’t suggest that you do that if you want custody.
3. Kicking a spouse out of the house- Unless there is violence or a threat of violence, you can’t make your spouse leave the house if you are getting divorced. It will eventually happen, but we have seen hundreds of divorces where the couples basically lived as roommates while the legal system played itself out.
4. Ethical complaints- While you can sue a doctor, real estate agent, accountant or any other professional that causes you a harm, ethical complaints against them are usually best addressed through the Illinois Department of Financial and Professional Regulations. That agency licenses and disciplines every Illinois professional except attorneys.
5. Location, location, location- Car accident lawsuits in Illinois typically take place in the county where the accident took place. So if you live in Chicago, but got in an accident in Joliet, it will likely be a Will County car accident lawsuit. The lawyer you hire can be from anywhere, but if the accident took place hours from where you live, it might be a good idea to get a local attorney to handle it.

Five tips from Illinois workers compensation lawyers

Every Wednesday we provide five legal tips on various areas of Illinois law based on questions we have received from callers. This week the tips focus on Illinois workers’ compensation laws.

My current attorney never returns my calls and hasn’t taken my case to court. If I fire him do I owe him any money?

Yes and no. You don’t have to pay him anything, but he can petition the court to receive a percentage of the 20% fee your new lawyer will get. It won’t cost you anything more as the new lawyer and old lawyer will have to come to an agreement or have the Judge decide for them.

I had back surgery 10 years ago. I haven’t been to the doctor for two years for that problem, but do occasionally take Advil. Recently I was lifting a box at work and my back went out on me. My doctor says I herniated a disc. Does my pre-existing problem prevent me from getting work comp benefits?

No. The law in Illinois is that if your job accident causes, aggravates, OR accelerates your condition it is covered as a compensable injury. It doesn’t have to be the primary cause, just a cause.

I live in Ohio, but got injured while traveling for work when I fell at O’Hare airport, injuring my knee. Can I pursue a case in Illinois and will I have to travel there for medical treatment.

If you were injured in Illinois you can file a case here. You do not have to see doctors in Illinois for treatment.

What happens if I can’t return to my old job because of my injury?

Once you doctor declares that you are at maximum medical improvement (as good as you will get) then you should start looking for jobs within your restrictions. You can also request vocational rehabilitation assistance which means the insurance company will pay someone to help you find a job. Your benefits should continue during this time. If the new job doesn’t pay close to what you would be making at the old job then they have to pay you 2/3 of the difference tax free.

How much is my case worth?

Honestly that can’t be accurately answered without looking at your medical records.