Best Chicago, IL Workers’ Compensation Attorneys
Compare Top Chicago Workers’ Compensation Attorneys
| Lawyer Name | IL Bar Association Status | Year Admitted to IL Bar | Law School Attended | Learn More |
|---|---|---|---|---|
| Kimberly A. Davis | Active | 1997 | Chicago-Kent College of Law | |
| Anita M. DeCarlo | Active | 1998 | John Marshall Law School | |
| Derek Dominguez | Active | 2018 | University of Wisconsin Law School | |
| Bradley S. Dworkin | Active | 1990 | Case Western Reserve University School of Law | |
| Michelle M. Kohut | Active | 2002 | Loyola University Chicago School of Law | |
| Bridgette Kolb | Active | 2015 | Chicago-Kent College of Law | |
| Stephen S. Mitchell | Active | 2000 | University of Wisconsin Law School | |
| Antonio M. Romanucci | Active | 1985 | John Marshall Law School | |
| Carl S. Salvato | Active | 1990 | John Marshall Law School | |
| Rachel N. Sostrin | Active | 2002 | University of San Francisco School of Law |
Workers’ Compensation Laws in Illinois
Illinois employers must provide workers’ compensation insurance for almost all employees. If any employer fails to obtain this insurance, they are heavily penalized.
If you are injured during work in Illinois or are an employee in the state, it is a good idea to understand your rights and duties after a workplace injury. Below is a brief guide to workers’ compensation laws in Illinois.
Who Is Protected by Workers’ Compensation Laws in Chicago, IL?
Almost all employees—part-time and full-time—come under the purview of workers’ compensation laws as soon as they are hired by an employer. This includes
- Employees injured during work in Illinois
- Employees whose work is localized in Illinois
- Employees whose contract of hire was signed in Illinois
Employees injured during or because of their work can file a claim to recover workers’ compensation. If the employee dies due to an injury or illness, their spouse and children under 18 can receive the benefits. If the employee did not have a spouse or children, benefits can be recovered by totally dependent parents.
A few entities are exempt from workers’ compensation laws, including sole proprietors, business partners, corporate officers, and members of limited liability companies. However, this exception does not extend to hazardous occupation employers. Independent contractors, police and firefighters are also exempted under Illinois workers’ compensation laws.
The employers are not allowed to charge any part of the compensation to the employee or harass or discriminate against them after a claim is filed. If your employer does not have workers’ compensation insurance, you should report it to the Workers’ Compensation Commission. It can be done anonymously, so there will be no consequences against you.
Workers’ Rights Under Chicago, IL Workers’ Comp Laws
The workers’ compensation laws cover the following benefits:
- Medical care required to cure or relieve the effects of injury
- Temporary total disability benefits during the time the employee is unable to work
- Temporary partial disability benefits during the time the employee is recovering but working on lighter duties
- Vocational rehabilitation/maintenance benefits
- Permanent partial disability benefits for employees who suffered permanent disability but can still work
- Permanent total disability benefits for employees who are permanently unable to work after the injury
- Death benefits for family members
If, after the injury, you cannot work for more than three days, the employer must either begin the temporary total disability benefit payments, provide a written explanation of the information required to start these benefits or provide a written explanation with reasons for denial of these benefits.
In a workers’ compensation claim, the burden of proof lies on the employee. This means it is the employee’s responsibility to prove that they are eligible for the benefits. To prove your claim, you must prove all of the following:
- The Illinois Workers’ Compensation laws apply to you
- An employee-employer relationship existed on the day of the accident
- Accident or exposure arose out of and in the course of employment
- Injury or disease was caused due to the accident or exposure
- The employer was given timely notice of the accident or exposure
Filing Process for Workers’ Compensation in Chicago, IL
If you are injured during your work, you should inform your employer as soon as possible. The notice can be oral or in writing and should include the date and place of the accident. You must inform the employer about your injuries within 45 days.
If the injury is caused due to radiological exposure, you must inform the employer within 90 days after you know or suspect you received an excessive radiation dose. In cases of occupational diseases, you must inform the employer as soon as it is practical to do so after you become aware of the disease.
The employer will then inform their insurance provider, even if the employer disputes the claim. If the employer refuses to pay the benefits, the employee can file a claim directly with the Workers’ Compensation Commission by email or in person within:
- three years after injury, death or disablement, or
- two years from the last payment of temporary total disability benefit or a medical bill.
To file the claim, you must submit the Application for Adjustment of claim along with a Proof of Service proving that you served a copy of the application upon the employer. Your case will be assigned to an arbitrator and set for an automatic status call every three months. At this call, either party may request a trial. If the case is unresolved for three years, the arbitrator may dismiss it unless the parties present sufficient reason to continue.
Workers’ Recovery for Workplace Injuries Beyond Workers’ Comp in Chicago, IL
After a claim is filed with the Commission, the arbitrator will hold hearings and resolve the case once the employee has reached maximum medical improvement. The employer and the employee can also settle during this time. They can then present a settlement contract with the agreed terms for the arbitrator’s approval. The agreement will only become binding after it is approved.
If no settlement is reached and the arbitrator denies compensation, the employee can appeal the decision to a panel of three commissioners. They will review the decision, evidence, transcript of the trial and written statements by the parties and conduct a hearing. They will then render their decision within 60 days.
If you disagree with the Commission’s decision, you can appeal to the Circuit Court. The appeal procedure can reach the Appellate Court and, in certain cases, the Illinois Supreme Court. If your employer knowingly fails to provide workers’ compensation coverage, you can seek compensation by filing a lawsuit in civil court.
How Can an Attorney Help You In Chicago?
It is a good idea to hire an attorney as soon as possible after you are injured during work. Here is how an attorney will help you:
- Understanding the laws. Your attorney will help you navigate the laws and rules applicable to workers’ comp claims. They will make sure you do not miss any important deadlines and are aware of your rights and responsibilities.
- Collecting evidence. An experienced workers’ comp attorney understands what evidence will sway the case in your favor and secure the maximum compensation. They will prepare a strong case on your behalf by collecting the necessary evidence from the right sources.
- Negotiate the claim. Insurance companies have attorneys representing them in claim negotiations. By hiring a lawyer, you will balance the scales. Your lawyers will communicate with the insurance carriers and ensure your interest is properly represented.
- Represent you in hearings. If your employer does not provide workers’ compensation coverage or your claim was disputed or denied, your lawyer can file necessary lawsuits and appeals to recover fair compensation.
How to Choose the Best Workers’ Comp Lawyer in Chicago, IL
You should consider the following before hiring a lawyer for your case.
- Experience. A lawyer with experience representing workers in workers’ comp claims will have the relevant knowledge and strategies in place to secure you a fair compensation. You can ask your lawyer about their experience and view their website to learn more about them.
- Client Feedback. You can check your lawyer’s reviews on their websites and other review websites. Multiple positive client reviews will elevate your confidence and help you decide on hiring. You can also learn much about the lawyer’s temperament and work style by reading client reviews.
- Comfort Level. After you hire a lawyer, you will completely rely on them for several important decisions that will ultimately determine the course of the case. Therefore, you should hire a lawyer you can trust and share a comfortable relationship with.
Methodology For Finding the Best Chicago Workers’ Compensation Attorney
To come up with the best workers’ comp lawyers in Chicago in 2024, Forbes Advisor considered many factors. Forbes Advisor’s mathematical analysis considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.
Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:
- Legal experience
- Special licenses and certifications
- Ethics and bar disciplinary measures
- Legal thought leadership
- Education and employment background
- Scholarly lectures and writings
- Awards and honors
Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.
Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.
One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.
Frequently Asked Questions (FAQs)
How much do workers’ comp lawyers charge in Chicago?
The State of Illinois limits the amount an attorney can charge in workers’ compensation claims. If the employer voluntarily pays the temporary total disability benefits after the injury, the lawyer cannot charge any fee for these payments. In most cases, the total fee cannot exceed 20% of the compensation recovered unless such an amount is approved by the Workers’ Compensation Commission. The fee must be stated on the Attorney Representation Agreement approved by the Commission.
Which body part has the highest value in a workers’ compensation claim?
The Illinois Workers’ Compensation Act sets values on certain body parts expressed as a number of weeks to determine the compensation in case of injury. The number of weeks is multiplied by 60% of the employee’s average weekly wage to calculate the compensation amount. The final amount depends on the level of damage suffered by the employee.
For the body parts not listed in the Act, the employee may receive a percentage of 500 weeks of benefits depending on the level of the condition. So, the compensation value will be higher if the loss of the body part or person is higher.
How long does a workers comp case take to settle in Illinois?
A workers’ compensation claim settlement can take a few weeks to a few years. If your claim is not disputed or denied, you can settle with the insurance carrier quickly. However, if the employer or insurance carrier refuses to pay the compensation and you have to approach the Commission, it may take longer to settle the case or receive the final decision.
