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Schaumburg Workers’ Compensation Attorney
Illinois requires employers to carry workers’ compensation insurance. This insurance coverage protects workers in the event they’re injured while on the job. Workers’ compensation benefits are meant to cover medical costs and lost earnings. In cases where an injury prevents you from returning to your previous occupation, it may also cover vocational training.
If you were injured on the job in the Schaumburg area, you may be owed workers’ compensation benefits. Legal services are sometimes necessary when your employer or the insurance provider wrongly denies your eligibility.
Common Types of Work-Related Injuries Covered by Workers’ Compensation in Schaumburg
Workers’ compensation covers a wide range of injuries, including the following:
- Head injuries
- Slip and fall accidents
- Farming accident
- Auto accidents
- Back and neck injuries
- Repetitive neck injury
- Bone fractures or breaks
- Construction accidents
- Falls from high heights
- Exposure to dangerous chemicals
- Psychological impacts
The severity of workplace injuries significantly varies. However, many work-related injuries prevent employees from working for extended periods of time. In some cases, workers are permanently unable to return to work.
Workers’ Compensation Benefits in Schaumburg, IL
The Illinois Workers’ Compensation Act requires employers to include the following coverage types:
- Medical expenses: Workers’ compensation should cover all your medical expenses related to a workplace injury, including current and future medical bills and treatments.
- Temporary Total Disability (TTD): Temporary total disability covers the costs associated with a temporary inability to work.
- Permanent Partial Disability (PPD): Permanent partial disability covers Schaumburg workers who are unable to work the same tasks pre-accident due to a permanent partial disability.
- Permanent Total Disability (PTD): Permanent total disability covers workers with a disability that prevents them from ever returning to gainful employment.
- Fatal Work Injury: Some work injuries could lead to a loss of life. Family members may be eligible to recover benefits through workers’ compensation, including burial and funeral expenses and the funds covering the loss of income or companionship.
The Illinois Workers’ Compensation Act requires employers to cover your medical expenses, lost wages, and ongoing training if you’re injured while at work. Employees who are unable to return to work due to the severity of the injury may be eligible for temporary or permanent partial disability and vocational retraining.
While temporary and lifetime benefits depend on your current average weekly wage and overall condition, workers’ compensation should appropriately cover your out-of-pocket costs, as well as anticipated expenses related to the injury.
Challenges of Workers’ Compensation Claims
Filing a workers’ compensation claim should be as simple as filing the necessary paperwork and receiving compensation for your related expenses. However, this isn’t always the case, and injured workers are often left to navigate the confusing program themselves while struggling with high medical costs and an inability to work.
Workers’ compensation claims may be held up due to employer disputes, undervalued claims, process appeals, or other legal issues. Our Schaumburg workers’ compensation lawyers help injured workers overcome these common challenges.
Employer Disputes
One of the most common barriers to receiving compensation for a workplace injury is employer disputes. When an employer disputes the severity of your injuries or whether or not the injury occurred at work, it can delay your claim and even lead to a denial.
Another common employer dispute is when they disagree with your ability to return to work. Some workplace injuries can lead to long-term symptoms making you permanently unable to work.
Insurance Company Undervaluing Claims
The insurance company may also deny your claim. It’s not uncommon for the workers’ compensation insurance company to undervalue your claim in an attempt to pay less. Our Schaumburg, IL, workers’ compensation lawyers work closely with the insurance provider to get you the compensation you need.
Appealing a Possible Denial
A denial of your Schaumburg workers’ compensation claim isn’t necessarily permanent. Our workers’ compensation attorneys review cases frequently in an attempt to overturn a denial through an appeal.
Illinois law allows injured workers to appeal a denied workers’ compensation claim by filing an application within 20 days of the initial decision. While you don’t have to work with a law firm to file the appeal with the Labor Commission, doing so can improve your chances of an approved claim.
Our Schaumburg workers’ compensation lawyers can help workers discover why their application was denied and work to build a stronger case to obtain fair compensation.
How a Schaumburg Workers’ Compensation Lawyer Can Help
Our Schaumburg workers’ compensation attorneys have extensive experience and knowledge navigating Illinois laws as they relate to workplace injuries. Our law firm is dedicated to helping injured workers secure maximum compensation following a work-related injury.
Whether negotiating with the insurance company or evaluating a settlement offer, our Schaumburg workers’ compensation lawyers can help you navigate your claim. Our law offices offer injured workers a free consultation, making it easier to explore your legal options.
What to Do Following a Work Injury in Schaumburg, IL
The steps you take following a workplace injury are important to your overall well-being and ability to receive workers’ compensation benefits. Here are just a few crucial steps to take following an injury at work.
Seek Medical Attention
Prompt medical attention should be a priority after suffering an injury at work. Timely medical care ensures you get the treatment you need. Receiving medical treatment in a timely manner also provides you with the proof you may need for a successful workers’ compensation case.
Report Injury to Employer
It’s also imperative to report the injury to your employer as quickly as possible. Illinois law requires injured workers to notify their employer of an injury within 45 days, either verbally or in writing.
Failing to do so could deem you ineligible for a workers’ compensation claim. Be sure to include your full name, address, telephone number, Social Security number, and a detailed description of the injury in your report.
File a Workers’ Compensation Claim
You can file your Schaumburg workers’ compensation claim yourself or through your employer. You can also work with a workers’ compensation lawyer to ensure you file your initial claim accurately and within the state’s timeline. Injured workers can check the Illinois Workers’ Compensation Commission page for the status of a recently submitted claim.
FAQs
Can I Be Fired for Filing a Workers’ Compensation Claim?
No, your employer cannot fire you for filing a claim. If an employer retaliates against you, it may be even more important to reach out to a workers’ compensation attorney to manage your case.
It’s important to note, though, that while an employer can’t fire you simply for reporting a work injury and filing for workers’ compensation, they can end your employment agreement if mistakes or a failure to follow company policy leads to your injury. However, this also doesn’t void your coverage or deem you ineligible to receive benefits.
What if My Employer Doesn’t Have Workers’ Compensation Insurance?
Illinois state law requires most businesses to carry workers’ compensation. If they don’t, and you’re injured while on the job, they could be personally liable for any workplace accidents.
If you’re unable to receive workers’ compensation benefits because your employer failed to carry the appropriate coverage, you may seek compensation through an injury case instead. Regardless of the details, our personal injury attorneys help clients navigate complicated workers’ compensation claims.
What if I Disagree with the Doctor’s Assessment of Injuries?
After notifying your employer of your injuries, they should provide you with a list of approved medical providers. If you disagree with the doctor’s assessment of your condition, it may be worth hiring a workers’ compensation lawyer. Illinois law does allow you to choose your own provider as long as they’re a part of the Preferred Provider Program.
Do I Need to Prove Fault for Workers’ Compensation Benefits in Schaumburg, Illinois?
No, Illinois laws are based on a no-fault system, which means fault isn’t a consideration. Schaumburg workers injured on the job are eligible to receive disability benefits, regardless of who is at fault.
Statute of Limitations for Workers’ Compensation Injury Claims in Schaumburg
Illinois law limits workers’ compensation claims to just three years from the date of injury. If you have already received workers’ compensation payments, then you have just two years from the date of the last payment to file.
Damages Recovered Through Workers’ Compensation
There is no set compensation amount you can receive through a workers’ compensation claim. Instead, the maximum benefits you’re eligible for depends on your injury’s severity, average gross weekly wage, out-of-pocket costs, and ability to return to work.
However, our Schaumburg workers’ compensation attorneys frequently help recover the following compensation types:
- Medical expenses: Injured victims typically have expensive medical costs, including current and future medical bills.
- Lost earnings: If a workplace accident prevents you from performing the same job duties, you should also receive compensation for your loss of wages. This includes the difference in pay between your previous job and a lower-paying job.
- Vocational retraining: Your workers’ compensation benefits should also include training or retraining if you choose to pursue a new career path following the work injury.
- Psychological stress and impact: If a physical workplace injury affects you psychologically, you may also be eligible for compensation covering counseling services.
- Legal services: A successful workers’ compensation claim may also include legal assistance costs.
The workers’ compensation benefits you’re entitled to vary, depending on your case. Contact one of our Schaumburg, IL, workers’ compensation lawyers today to calculate the value of your claim.
Contact a Schaumburg Workers’ Compensation Lawyer Today!
If you were injured while on the job and, as a result, are no longer able to work, you may have a right to workers’ compensation benefits. While many Schaumburg, Illinois, employers carry workers’ compensation insurance, this doesn’t mean accessing the benefits is always as simple as it should be.
When you need a workers’ compensation attorney serving Schaumburg, Rosenfeld Injury Lawyers are the right choice. We are here to help you collect the compensation you deserve after a workplace injury. You need an experienced attorney when your employer denies your disability benefits. Our law firm has handled many workers’ compensation cases in Schaumburg and throughout Illinois.
Our Schaumburg workers’ compensation lawyers offer a free consultation. Our law firm also works on a contingency fee basis, which means you never pay anything unless we win your case.
Call our Schaumburg workers’ compensation attorneys today for a free consultation at (888) 424-5757 or fill out our online form.
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All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.