Were you injured on the job in Naperville, Illinois? You should be able to seek workers’ compensation benefits to cover your medical expenses and lost wages. You may also have a valid third-party claim for additional damages, depending on the circumstances.
The Law Offices of Mathys & Schneid can explain your rights under Illinois workers’ compensation and personal injury laws and your legal options for compensation. We have over 74 years of combined experience and are well-equipped to handle your claim and advocate for your best interests from start to finish, call us at (630) 428-4040.
Contact our law office online today to discuss your workplace injuries. Our Naperville workers’ compensation lawyers offer a free consultation, and our team is available 24/7 to take your call.
How the Law Offices of Mathys & Schneid Can Help With a Workers’ Compensation Claim in Naperville, IL
The workers’ compensation process can be complicated to navigate, especially if your employer or their insurance company isn’t cooperative. They may request additional information and delay the process. Alternatively, they may allege that your injury or illness didn’t happen at work and deny your claim altogether.
That’s where having an experienced personal injury lawyer in Naperville is crucial. We can protect your rights and ensure you’re treated fairly. Our legal team is diligent and comprehensive, and we know how to win maximum benefits and compensation for our injured clients.
If you hire our Naperville workers’ compensation attorneys after an occupational accident, we’ll:
- Completely handle your workers’ compensation claim, including all documentation and any appeals
- Investigate your workplace accident to determine if a third party may be liable (and if so, file a personal injury claim)
- Defend you if your employer or their workers’ compensation administrator delays or denies your claim
- Negotiate on your behalf in all claims and lawsuits
- Represent you in all hearings and court appearances
We understand the impact of a work-related accident. Whether you were injured on a dangerous construction site or in an office, you may be dealing with painful injuries. You don’t have to handle your workers’ compensation claim alone.
Contact our Naperville, IL law firm today to set up a free case evaluation, and let us explain what we can do to help you through this difficult time.
Overview of Workers’ Compensation in Illinois
The Illinois Workers’ Compensation Act requires most employers to carry workers’ compensation insurance to cover employees who are injured on the job. These disability benefits apply if an employee sustains injuries, illnesses, or diseases in the course of their employment.
If you’re hurt on the job, you must notify your employer as soon as possible. Your employer must then inform their workers’ compensation administrator/insurance carrier and the Illinois Workers’ Compensation Commission, which resolves disputed claims.
Can I Sue My Employer for Damages in Illinois?
One of the main goals of the workers’ compensation system is to allow employees to receive benefits after sustaining a work-related injury, regardless of whether they caused the accident. In exchange, workers forfeit their right to sue their Illinois employer.
However, you may be able to file a third-party personal injury claim against another person or entity if they contributed to or were responsible for the accident.
Third parties may include:
- Motorists (e.g., negligent drivers)
- Property owners
- Manufacturers of defective products
The benefit of filing a personal injury case is that you can recover the full extent of your losses. As we explain below, workers’ comp insurance benefits are limited.
What Types of Workers’ Compensation Benefits Are Available in Illinois?
The Illinois workers’ compensation system provides the following benefits to injured workers:
- Reasonable medical expenses required to cure the work-related injury
- Temporary total disability (TTD) (or temporary total incapacity) benefits totaling 66 ⅔% of your pre-injury average weekly wages
- Temporary partial disability (TPD) benefits while recovering from the work-related injury if you’re able to continue working part-time or on lighter duty
- Permanent total disability (PTD) if you are permanently disabled and unable to work in any capacity
- Permanent partial disability (PPD) if you’re permanently disabled or disfigured but can work in some capacity
- Vocational rehabilitation and maintenance benefits, including counseling, instruction, education, and training services
- Death benefits to surviving family members if the worker was killed in a work-related accident
As you can see, workers’ compensation benefits are restricted and may not cover all of your damages. If you can file a personal injury claim against a third party, you’ll be able to recover additional compensation.
What Damages Are Available in a Third-Party Personal Injury Claim?
Our Naperville personal injury attorneys will evaluate your workplace accident to see if you can file a personal injury case in addition to your workers’ comp claim.
If you can, you’ll be able to seek the full extent of your losses, including:
- Medical bills
- All of your lost wages, including diminished earning capacity
- Out-of-pocket expenses
- Rehabilitation and physical therapy
- Pain and suffering
- Diminished quality of life
- Loss of society
- Mental anguish
- Physical scarring or disfigurement
Contact the Law Offices of Mathys & Schneid to discuss your work-related injury. We’ll determine your options and see if you’re entitled to file a third-party claim.
What Is My Naperville Workers’ Compensation Claim Worth?
The value of your workers’ compensation claim will depend on:
- The medical expenses you incur
- The number of days you miss from work
- Your average weekly wages before your accident, injury, or illness
- Whether you are partially or permanently disabled
- Whether you can return to work in any capacity
While workers’ compensation is supposed to cover all reasonable medical costs arising from your work-related injury, it doesn’t entirely cover your other losses.
For example, you will only receive a portion (two-thirds) of your lost wages, and there’s a statewide cap on those. The maximum weekly TTD benefits you can receive between July 15, 2022 and January 14, 2023 is $1,792.73.
If you can also file a personal injury claim, you can seek all your economic and non-economic losses.
Can I Recover Workers’ Compensation Benefits If I’m Responsible for a Workplace Accident in Illinois?
Workers’ compensation is a no-fault system, meaning benefits are typically paid regardless of whether you caused or contributed to the accident.
The only time fault may play a role in your workplace accident is if you’re filing a third-party claim. In that case, the state’s modified comparative negligence statute may affect your financial recovery. If you’re allotted more than 50% of the blame, you’re barred from recovery. If you share less than 51% fault, your damages will be reduced proportionately.
What Causes Most Work-Related Injuries and Illnesses in Naperville?
Workers in any industry are at risk of suffering accidents and injuries on the job, whether they use heavy machinery or run errands.
Some causes of workplace accidents include but are not limited to:
- Car accidents
- Truck accidents
- Slip and fall accidents
- Falls from heights (e.g., ladders, roofs, etc.)
- Being caught in or between objects
- Being struck by objects
- Scaffolding accidents
- Fires and explosions
- Defective work equipment
- Forklift accidents
- Crane accidents
- Other heavy machinery accidents
- Exposure to toxic substances
- Repetitive motions
- Unsafe work conditions
These accidents are typically a result of negligence, such as:
- Lack of proper safety equipment
- Failure to supervise
- Failure to train
- Negligent hiring practices
- Communication failures
- Failure to inspect or maintain equipment or machinery
- Failing to follow state and OSHA safety regulations
We’ll investigate your work accident to determine how it happened and whether it could’ve been prevented. Call our workers’ compensation attorneys in Naperville to get started.
What Types of Injuries Occur in Workplace Accidents?
A work-related accident can cause all types of injuries, including:
- Traumatic brain injuries, such as concussions
- Back injuries
- Neck injuries
- Spinal cord damage
- Fractured and broken bones
- Crushing injuries
- Soft tissue damage
- Repetitive stress injuries
- Internal organ damage, including lung damage
- Nerve damage
- Hearing loss
- Facial and eye injuries, including blindness
- Illnesses and diseases from exposure to toxic substances
- Wrongful death
Contact our lawyers in Naperville to discuss your injuries and the compensation you may be able to seek for them.
How Long Do I Have To File a Workers’ Compensation Claim in Illinois?
If you’re injured at work, you should notify your employer as soon as feasible, but you must do so within 45 days of the accident. Your workers’ compensation benefits may be denied if you fail to notify your employer.
If you’re filing a personal injury claim against a third party, you typically have two years from the accident date to file. However, there may be exceptions. If you miss the statute of limitations that applies to your case, you’ll lose the right to hold the negligent third party liable for your damages.
Contact our Naperville personal injury lawyers to discuss your work-related injury and your avenues for compensation.
Contact a Naperville Workers’ Compensation Lawyer for a Free Consultation
If you were injured at work in Naperville, IL, you deserve exceptional legal representation to get the compensation you need to move forward.
Contact the Law Offices of Mathys & Schneid to speak with a skilled and knowledgeable Naperville workers’ compensation lawyer. We’ll discuss the course of action that will yield the best results for you. We offer a free initial consultation, so call now to schedule yours.