Worker's Compensation Attorneys in Chicago
Get the Compensation You Deserve
Workplace injuries can have a lasting impact on your health and livelihood. If you’ve been hurt on the job, McDermott Law Group is here to fight for your rights and ensure you receive the workers’ compensation benefits you are entitled to.
Workers’ Compensation FAQ
These FAQs address common concerns that workers may have about their workers’ compensation rights and legal options. Consulting with an attorney can provide additional guidance based on the specifics of each case.
Workers’ compensation is a state-mandated insurance program that provides financial benefits to employees who are injured on the job or develop work-related illnesses. Most employees are eligible for workers’ compensation, including full-time, part-time, temporary, and seasonal workers, as long as the injury occurred while performing work-related duties. However, workers in certain professions (like independent contractors or certain agricultural workers) may not be eligible, depending on state laws.
Through workers’ compensation, injured employees can receive several types of benefits, including:
- Medical benefits: Coverage for necessary medical treatments related to the injury or illness.
- Temporary disability benefits: Compensation for lost wages if the injury prevents you from working temporarily.
- Permanent disability benefits: Compensation if you suffer permanent impairment that affects your ability to work.
- Vocational rehabilitation: Assistance with retraining if the injury prevents you from returning to your previous job.
- Death benefits: If a worker dies as a result of a work-related injury, their dependents may receive compensation for lost wages and funeral expenses.
While it is not legally required to have an attorney to file a workers’ compensation claim, having one can be very beneficial. An experienced attorney can help ensure that you complete the necessary paperwork, meet all deadlines, gather the appropriate medical evidence, and negotiate a fair settlement. Additionally, if your claim is denied or disputed, an attorney can represent you in hearings or appeals to secure the benefits you are entitled to.
If your workers’ compensation claim is denied, you have the right to appeal the decision. The first step is to carefully review the denial letter to understand the reason for the rejection. Common reasons for denial include insufficient evidence of the injury, a failure to report the injury on time, or the injury being classified as non-work-related. An attorney can help you gather additional evidence, file an appeal, and represent you in hearings to contest the denial and pursue your benefits.
In most cases, workers’ compensation benefits are the exclusive remedy for work-related injuries, meaning you cannot sue your employer for additional damages. However, there are exceptions. If your employer intentionally caused the injury, or if a third party (such as a contractor, equipment manufacturer, or another driver) was responsible for the injury, you may have the option to file a personal injury lawsuit in addition to claiming workers’ compensation benefits. A workers’ compensation attorney can help you explore these possibilities.
Types of Workplace Injury
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- Slip and falls
- Repetitive stress injuries (e.g., carpal tunnel syndrome)
- Lifting injuries
- Construction accidents
- Falls from heights
- Heavy machinery accidents
- Workplace violence
- Exposure to harmful chemicals or substances
- Motor vehicle accidents while on the job
- Psychological injuries related to work stress
- Occupational diseases (e.g., asbestosis, mesothelioma)
Steps After an Injury at Work
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- Report the Injury: Report the injury to your employer immediately, as failure to report can delay or even jeopardize your workers’ compensation claim.
- Seek Medical Treatment: Get medical attention right away, even if the injury seems minor. Your health is the priority.
- Document Your Injury: Take photos of the accident scene and your injuries. Keep detailed records of your medical treatments.
- File a Claim: Filing for workers’ compensation can be complex. Our attorneys will help you navigate the system and ensure that your claim is filed correctly.
- Contact McDermott Law Group: We’ll guide you through every step of the process and protect your rights.
May Be Entitled to Compensation
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- Medical Expenses: Workers’ compensation covers medical bills related to your injury, including doctor visits, surgeries, medications, and rehabilitation.
- Lost Wages: If you’re unable to work due to your injury, you may be entitled to compensation for lost income.
- Permanent Disability Benefits: If your injury results in permanent impairment, you may be entitled to additional compensation for your long-term disability.
- Vocational Rehabilitation: If you can’t return to your previous job, workers’ compensation may cover retraining or job placement services.
- Pain and Suffering: In some situations, you may be entitled to compensation for the pain and suffering caused by your injury.
