Workers' Compensation

Who can File a Claim for Workers’ Compensation?

When you or a co-worker suffers an injury or illness while doing your job, filing a successful workers’ compensation claim may be the only way to make sure you get the financial, medical and rehabilitative resources you need. When your physical condition prevents or impairs you and you cannot continue working, under Illinois law you may be entitled to be compensated for 100 percent of the costs of your medical treatment required to recover from your injuries.

Why is the Claims Process for Workers’ Compensation Difficult? 

Other parties — corporate interests and insurers — as well as employers are working against your interests. Some employers will deny a claim, while others seek to minimize the recovery and benefits. They are looking to protect their interests and the bottom line.

The detailed and comprehensive legal system make it difficult for injured workers to receive the benefits they need — at a time when they need it the most of all. The system has review boards, administrative hearings, lengthy dockets and deadlines, which complicate the process.

The workers’ compensation claims process can be a battle even for trained professionals. For workers who have been injured on the job, it can be daunting.

Why is the Claims Process Important from the Moment an Injured Worker Files a Claim? 

Many workers’ injuries can be severe and prevent an immediate or long-term return to work. Other injured workers may have to take a lower paying job due to new limitations, while some face a permanent injury that requires a lifetime of expensive treatment — without the benefit of insurance to assist in paying for treatment. In any of these situations, the injured parties often have to deal with employers who do not want to treat their employees fairly. The stakes for you and your family are high.

Further, when an insurance company denies necessary medical care for injured workers, they may not be able to receive crucial treatment and, as a result, they may not recover as quickly — or at all.

Let Us Work while You Recover

At Pignatelli & Associates P.C. our duty is to ensure that our workers’ compensation clients receive money to pay for their necessary medical care, lost wages, permanent disability, and when necessary, disability benefits. Our firm is dedicated to helping workers’ comp victims receive everything to which they are entitled. We are aggressive in advocating on your behalf to help you adjust to life after your injury.

Our attorneys are capable at identifying, building and filing third-party claims. We will examine your case determine whether our clients are eligible to file a claim against a third-party in addition to a workers’ compensation claim.

Our experienced workers’ compensation lawyers have successfully represent workers in many areas such as:

  • Trucking operators
  • Steel workers
  • Manufacturing workers
  • Law enforcement officers
  • Construction workers
  • Social workers

When May an Injured Worker be Entitled to Workers' Compensation?

  • Injured while Working

    Injured workers must prove the injury was the result of a work-related accident or the result of continuous conditions they experienced while on the job. For example: the repetitive motion of a worker who assembles a product on the line, a machinist whose equipment requires a common, continuous motion repeated at intervals, or a painter whose exposure to over-spray or hazardous vapors.

  • Employer Negligence or Recklessness

    The worker’s employer or its agents must have failed to take necessary action to prevent the worker’s injury. For example, failing to keep objects or debris off a stairway used in the scope of the workers’ employment.

  • Pain and Suffering

    While workers’ compensation is awarded for medical care and treatment and lost income, skilled practitioners of workers compensation law know when to seek compensation for an injured worker’s pain and suffering.

  • Suffered a Physical Injury

    Workers must have suffered a physical injury that necessitated medical intervention and resulted in lost wages

  • Notice to Employer

    Injured workers seeking a claim for compensation for their injury are required to provide their employer with notice of any injury sustained in the course of employment, within forty-five days of the injury.

What Benefits can Workers Injured on the Job Receive?

  • Temporary Total Disability (TTD)

    Workers injured on the job may be entitled to receive temporary total disability (TTD) benefits while they recover from their injuries.

  • Complete Disability not Necessary for TTD Eligibility

    Workers injured on the job do not have to be completely disabled to receive temporary total disability (TTD) benefits.

  • Two-Thirds of Injured Worker's Wages

    The employer of a worker injured on the job may be required to pay two-thirds of the injured worker’s wages while they recover from their injury.

  • Tax Status

    A worker injured on the job who receives benefits may not pay taxes on workers’ compensation benefits.

  • Timely Award of Workers' Compensation

    Benefits owed to injured workers must be paid timely.

After an Injured Worker has Completed Medical Treatment, what Happens?

The effects of a work-related injury may be with the worker for the rest of their lives. After completing medical treatment and evaluation, skilled and experienced workers’ compensation attorneys may be able to obtain a settlement or award for the injury.
  • Periodic Payments

    Injured workers may be entitled to options such as periodic payments over many years to compensate for the injury they have suffered as well as to provide necessary medical care throughout their lives.

  • Lump-Sum Payments

    Injured workers may be entitled to lump-sum payments to compensate for the injury they have suffered as well as to provide necessary medical care throughout their lives.

  • Third-Party Liability

    In addition to filing a workers’ compensation claim under Illinois law, injured workers may also be able to file a third-party claim if another party can be held liable for your work-related injuries.

Contact our Experienced Attorneys