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Workers' Compensation Archives

What happens if I am unable to return to work after a work-related injury?

Suffering from a catastrophic injury leaving you unable to work is a life-changing event that has significant effects on you and your family. Illinois workers who suffer from a work-related injury leaving them permanently and totally disabled may be eligible to receive benefits for life. Filing a successful claim for Permanent Total Disability (PTD) entitles an injured worker to receive 2/3 of their average weekly wages for their average life expectancy, according to the Life Tables. Payments are subject to maximums and minimums depending on the date of the accident.

What should I bring to my first meeting with a workers' comp attorney?

Your first consultation with a workers' compensation attorney is a critical step in the process to ensure your rights are protected. In order to receive the maximum benefit from your first meeting with an attorney, there is important information you should bring and be prepared to discuss.

What happens when I settle my workers' compensation claim?

A settlement contract is a negotiated agreement between you and your employer where you agree to end legal proceedings in exchange for money. In Illinois, your Lump Sum Settlement Contract must be approved by the Arbitrator handling your case.

Is my employer paying me the right amount while I'm off work?

Temporary total disability benefits (TTD) are a type of benefits that an injured employee receives during the period which the employee is unable to work. The employee can either be off work, as indicated by his or her doctor, or if the employee is placed on light-duty restrictions and the employer is unable to accommodate those restrictions.

I was hurt at work; do I have a workers' compensation claim?

In Illinois, the employee bears the burden to show that he or she sustained accidental injuries arising out of and in the course of the employment. The employee must prove the employee was at the workplace and doing what is reasonably expected at the time of the incident. This is generally not in dispute if the employee was working their normal shift while they were injured.

How much is my workers' compensation claim worth?

While the value of your claim primarily depends upon the nature of your injuries, the wages you earned prior to a work accident are a major factor in determining your workers' compensation benefits. Sometimes clients have had friends or family members with a similar back injury, course of treatment and prognosis but ask why that friend or family member received a larger settlement. In that scenario, if two people with similar injuries and prognosis, but one is making double the wages, it is likely his or her settlement will be twice as much as the other person. That is because your Average Weekly Wage (AWW) is a large determinant of your workers' compensation benefits.

What happens if my employer does not have workers' compensation insurance?

Illinois law requires employers to provide workers' compensation insurance for almost everyone who is employed within Illinois. Some employers break the law and do not obtain insurance or are behind on their premiums. An employer that knowingly and willfully fails to obtain insurance may be fined up to $500 for every day of noncompliance with a minimum fine of $10,000.

How long do I have to file a workers' compensation claim?

Under Illinois workers' compensation law, there is a time limit to file a workers' compensation claim. The deadline to file a claim is called the Statute of Limitations. In Illinois, the Statute of Limitations for workers' compensation claims is three years from the date of the accident or two years from the date of the last benefits received. In addition to the time period to file a claim, you must notify your employer within 45 days of the work accident. Please see our blog about how you can protect yourself and provide proper notice to your employer here.

What you should know about your employer's right to an "Independent Medical Examination"

Under Illinois workers' compensation law, injured workers have a right to choose their treating physicians. However, the employer or insurance company also has a right to send you to a doctor called an Independent Medical Examination (IME).

  1. "Committed To My Cause"

    I was struck by a car while cycling and severely, almost fatally injured. A team of excellent medical professionals performed complicated and extensive surgical and medical procedures as part of a successful effort to restore my health....
    -Jeff D.

  2. "Could not have made a better choice"

    We found Mark [Mathys] through the web after an auto accident in October 2011. While selecting someone you don't know to represent you can be a gamble, we could not have made a better choice....
    - Dave

  3. "Very satisfied"

    Mark [Mathys] is very professional. He responds almost immediately, via email, to any question, comment or concern I have and if he is not able to respond right away, he will let me know. I have been very satisfied with Mark so far and I am happy to be his client.
    -Jennifer

  4. "Easy to talk to"

    Mr. Mathys and Mr. Schneid were very professional and easy to talk to. Prior to working with them, my wife and I had no real experience with the legal system beyond a house closing, yet Mr. Mathys and Mr. Schneid explained the whole process to us very well. I knew that whenever I had a concern about our case or the legal system in general I could call their office or send an email and receive answers the same day... -Larry

  5. "Provided very wise advice"

    I've dealt with attorneys on a variety of issues, almost all of them since leaving college and entering the workplace. Mr. Mathys was the first attorney I had any real experience with, and I was impressed then and remain so. He provided very wise advice and always kept me informed. In the end, he delivered a favorable result. I recommend him highly.
    - Tyler D.

  6. "In-depth knowledge of the law"

    Mark [Schneid] is an excellent and skilled attorney and demonstrated in-depth knowledge of the law when he helped settle my dog bite lawsuit resulting from a traumatic incident. He explained what was needed of me and how I should handle the situation in a professional manner.
    - Karen K.

  7. "They went to bat for me"

    Not long ago I was involved in a car accident where I was hit by a gravel truck at an intersection. After I called Mathys & Schneid, even though I didn't have a very large case, they made me feel like I was one of their most important cases. They went to bat for me with the trucking company's insurance and got me a settlement. I would definitely recommend them to my family and friends. -Dan H.

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