WORKERS COMPENSATION CASES

A workers compensation claim is unique from all other types of injury claims. Workers compensation claims are generally governed by state law. In a workers compensation claim you must prove that your injury arose out of and in the course of your employment. You do not have to prove that your employer was negligent.

In exchage for not having to prove your employer was negligent you lose the right to collect for pain and suffering. Even if your employer was negligent you are prohibited from filing a negligence claim against them. If you return to work making the same wages your case is worth a specific percent of the body part that was injured. The Illinois Workers Compensation Act mandates a specific formula that is to be used to calculate your damages. However, there is room to negotiate within this formula and a good attorney will usually be able to get you far more compensation than an insurance company will offer you on your own.

Many clients want to know “How much is my workers compensation case worth?”  In a workers compensation case you are entitiled to two-thirds of your gross weekly pay while you are off of work. Overtime is not always included and if it is included a straight wage is used. You are also entitiled to medical treatment with up to two providers of your choice. Despite what the insurance company will often tell you there are no in or out of network providers; you may go whatever medical provider that you prefer. There are also no medical deductibles or copays.

If you are unable to return to your previous job the insruance company must help you find work and must continue to pay your benefits while you are searching for a new job. If you return to work at a lower paying job you are entitiled to compensation for a portion of your lost wages for your entire life (not just your work life). If you are unable to return to any gainful employment you are entitiled to beneftis for the rest of your life (again, not just your work life). Our firm has vast experiece in handling career ending work injuruies.

In a workers compensation claim the attorney’s fee is only 20% under Illinois law. The fee is a contingent fee which means it is only charged if your attorney recovers a settlement or obtains a judgment on your behalf. If you are being paid medical and lost time benefits when you retain an attorney he will not charge a fee on those benefits, provided they remain undisputed. As always there is no charge to consult our office regarding your workers compensation claim.