Workers’ Compensation Attorneys in Chicago
Chicago Area Work Injury Lawyers
Our Chicago attorneys are here to help you and can point you in the right direction to find a workers’ compensation lawyer or to help you if your employer terminates you for filing a workers compensation claim.
It is illegal in Illinois for an employer to retaliate against someone who files for workers compensation. In fact, even if someone suffers an on-the-job injury and a workers compensation claim is anticipated, it may be illegal to fire the worker. Likewise, if someone is fired for taking FMLA leave, that also can be illegal. The law protects the rights of employees who have workplace injuries.
If you have been fired because of your workplace injury, contact Workplace Law Partners online or by calling (312) 818-2407.
The Illinois Workers’ Compensation Statute
In Illinois, the Workers’ Compensation statute is in place specifically to protect employees from work-related injuries. Under the statute, an employee who is injured at the workplace while performing work duties is entitled to medical care for their injury so long as the employee makes a claim.
The statute requires most employers to purchase workers’ compensation insurance to pay for work-related injuries that may occur and, thus, almost every employee in Illinois is covered by workers’ compensation from the moment they begin working. Importantly, the Illinois workers’ compensation statute is a no-fault system, meaning the injured party does not have to prove the employer was negligent or at fault prior to becoming entitled to compensation.
Employees who are uncomfortable about filing a workers’ compensation claim with their employer may take comfort in the fact that workers’ compensation claims benefit both the employer and the employee. That is, when an employee files a workers’ compensation claim, he agrees not to file a lawsuit against their employer for their work injury in return for receiving compensation benefits. In fact, employers are not harmed because it is not the employer who pays the expense, but the employer’s workers’ compensation insurance.
On the other hand, employees benefit because when they file a workers compensation claim, they may be entitled to payment for their medical bills, eliminating most, if not all, out-of-pocket expenses. Furthermore, if an employee is injured to the where they are unable to work following the workplace injury, a workers comp. claim may allow the employee to get 2/3 of their average weekly wages until they are able to return to their position following their workers compensation claim. Finally, because Illinois is a worker-friendly state, employees may also receive payment for the permanency of their injuries depending on the workers compensation claim.
Illinois employers are required to provide three (3) basic workers’ compensation benefits to most employees who are injured on the job. The employer is required to provide:
- Medical care that is necessary for the employee to recover from an injury;
- Wage replacement benefits while an employee is recovering from the injury;
- Benefits to employees who suffer a serious injury as a result of the incident at work.
In addition, an employee may be eligible for vocational rehabilitation if they are unable to return to their regular job.
A member of our team will be in touch shortly to confirm your contact details or address questions you may have.
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