Top Chicago Workers’ Compensation Attorney

Last updated on March 4, 2025

Injured at work in Chicago or the surrounding suburbs? Get all the benefits you’re entitled to under the Illinois Workers’ Compensation Act with our award-winning workers’ compensation attorneys. With Eames Law Group, you’re not alone in navigating the difficult workers’ compensation process.

If your employer is failing to provide appropriate workers’ compensation benefits, our workers’ compensation attorney can help you. Attorney Brent Eames has a proven track record of winning workers’ compensation cases and securing millions of dollars in recoveries throughout his career. It doesn’t matter if you have a brand new injury that you need to file a claim for, a claim you’ve already started, or a claim that’s been denied – call us today to tell us your story.

Table of Contents

• What Is Workers’ Compensation?
• How Does Workers’ Compensation Work In Illinois?
• Injuries Covered Under Illinois Workers’ Compensation Act
• Are You Entitled To Benefits Under The Workers’ Compensation Act?
• What Types Of Workers’ Compensation Benefits Are Available?
• What Is The Illinois Workers’ Compensation Claim Process?
• How Is Fault Determined In A Workplace Accident?
• What Should I Do After A Workplace Accident?
• How Much Do Workers’ Compensation Lawyers Charge In Illinois?
• How Does Workers’ Compensation Work In Chicago?
• What Are The Statutory Limits For Workers’ Compensation In Illinois?
• How Long Can A Workers’ Compensation Claim Last In Illinois?
• What Is The Statute Of Limitations For Filing A Workers’ Compensation Claim In Illinois?

What Is Workers’ Compensation?

Workers’ compensation is a form of insurance that provides wage replacement and medical benefits to workers injured or ill as a direct result of their jobs. In Illinois, state law mandates that most businesses carry workers’ compensation insurance, safeguarding employees and employers.

The fundamental principle behind workers’ compensation is the “no-fault” system. This means that employees can receive benefits regardless of who was at fault for the accident. Consequently, they relinquish their right to sue their employer for negligence, creating a balanced dynamic that protects all parties involved.

How Does Workers’ Compensation Work In Illinois?

Workers’ compensation in Illinois is a state-mandated insurance program designed to provide financial assistance to workers who have been injured on the job. Almost all employers in Illinois must provide workers’ compensation insurance for their employees.

When an employee gets hurt or sick due to work-related activities, the Illinois Workers’ Compensation Act requires the employer to pay for the injured employee’s medical treatment, lost wages and even retraining if necessary. The benefits system pays for the medical costs of job-related injuries and diseases.

In terms of compensation, injured workers can receive 66.6% of their average weekly pay. However, they will not receive lost wages for the first three days unless they need to be off work for more than 14 days.

The cost of workers’ compensation insurance in Illinois is typically calculated based on several factors, including the type of industry, the number of employees and the company’s claim history. On average, the cost of workers’ compensation in Illinois is $38 per month.

The Illinois Workers’ Compensation Commission (IWCC) is the state agency that administers workers’ compensation and resolves any disputed claims. If there are disputes about an employee’s injury or the benefits they should receive, the IWCC will step in to resolve these issues.

In summary, workers’ compensation in Illinois is designed to protect injured workers by ensuring they receive financial support for medical expenses and lost wages.

Injuries Covered Under Illinois Workers’ Compensation Act

According to a Bureau of Labor Statistics report, private industry employers reported 102,000 nonfatal workplace injuries and illnesses in Illinois in 2021. This translates to an incidence rate of 2.0 cases per 100 full-time workers. A wide range of injuries are covered under Illinois Workers’ Compensation Law. These include, but are not limited to:

• Slips and falls in the workplace
• Injuries resulting from lifting heavy objects
• Injuries due to exposure to toxic substances
• Repetitive strain injuries (e.g., carpal tunnel syndrome)
• Illnesses related to occupational hazards (e.g., lung diseases in miners)
• Injuries sustained in work-related car accidents

The law covers physical injuries, illnesses and mental health conditions if they can be attributed directly to the job. Workplace accidents aren’t the only reason people in Illinois may qualify for workers’ compensation benefits:

• Long-term exposure to hazardous materials: If you were exposed to asbestos, pesticides, dust, chemicals or other substances at work that caused you to be stricken with chronic illness, you may be entitled to benefits.
• Ergonomic-related conditions: Sometimes, health conditions develop over time when workers must perform repetitive tasks, remain in the same position, overuse muscles or use workstations that are not designed properly.
• Accidents away from the workplace: In some cases, workers are injured while performing work-related duties in another location. If you were injured while driving for your company, attending a work-related event or on a business trip, you may qualify for workers’ compensation.

Are You Entitled To Benefits Under The Workers’ Compensation Act?

The Illinois Workers’ Compensation Act is designed to ensure that workers are compensated for injuries that occur during the course of their employment. A form of insurance paid by your employer, workers’ compensation pays for your related medical treatment, a portion of your lost income, and vocational retraining if you qualify.

Benefits kick in when you get hurt at work. In most cases, they are supposed to continue until you’ve recovered. Sometimes, benefits may continue for the rest of your life. For workers who are killed on the job, benefits are paid to surviving family members.

Almost all employers in Illinois are required to maintain workers’ compensation insurance that covers their employees. It doesn’t matter if your accident occurred on your first day of work or your last. It doesn’t make a difference whether you work part-time or full-time. Even temporary workers are entitled to coverage as long as they are classified as employees.

What Types Of Workers’ Compensation Benefits Are Available?

The benefits provided under workers’ compensation in Illinois are designed to cover medical expenses related to the injury or illness and compensate for lost wages. The specific benefits include:

• Temporary total disability (TTD): This is paid to workers who cannot return to work while recovering from the injury. It amounts to two-thirds of the worker’s average weekly wage.
• Permanent partial disability (PPD): This is paid to workers who have suffered permanent, but not total, disability. It is calculated based on the nature of the injury and its impact on the worker’s ability to earn.
• Medical benefits: These cover all necessary medical treatments, surgeries, medications and equipment.
• Vocational retraining: If the worker cannot return to their previous job due to their injuries, the cost of retraining for a new occupation is covered.
• Future income replacement: If you are left with a permanent injury that prevents you from returning to your normal job, you may be eligible for future compensation, which will replace any income you lost due to your inability to work. This can be based upon a wage impairment claim if you can work in a limited capacity or permanent total disability benefits if you cannot work at all.

FAQs: Illinois Workers’ Compensation Law

What Is The Illinois Workers’ Compensation Claim Process?

The claim process in Illinois begins with the injured worker reporting the injury to their employer. Illinois law stipulates that a workplace injury must be reported within 45 days of the accident. If the injury arises from toxic exposure or a repetitive strain injury, the 45-day period begins when the employee first becomes aware of the problem.

After reporting the injury, the worker may need to file a claim with the Illinois Workers’ Compensation Commission (IWCC). This is especially crucial if the employer denies the claim or if there is a dispute about the benefits. Our Chicago workers’ compensation attorneys can provide invaluable assistance throughout this process, helping the injured worker navigate the claims process and hearings to secure maximum benefits.

How Is Fault Determined In A Workplace Accident?

Workers’ compensation in Illinois is a fault-free system. In most cases, whether an employee’s injury was caused by the negligence of the employer, coworkers or the worker’s actions is irrelevant. You should qualify for benefits under the Workers’ Compensation Act if you are engaged in work-related activities during your accident. Unfortunately, resolving a work injury claim isn’t always that easy.

Every day, injured workers like you are turned away by their employers’ insurance companies after a workplace accident. They are left to pay their medical bills. They are unable to obtain treatment for their conditions. They are left without income to pay for their monthly expenses. They are forced to return to work before they are fully healed so they can make ends meet and put food on the table.

This is why hiring an experienced workers’ compensation attorney is important to help you navigate your work injury case and receive all the benefits you are entitled to.

What Should I Do After A Workplace Accident?

There are certain steps you should take after suffering a workplace injury. First, you should cease performing any work activity the moment you realize you’ve been hurt to avoid worsening your condition. Summon help right away if your accident results in a medical emergency. Be sure to report your accident to your employer as soon as you are able. You can do so orally or in writing. In Illinois, you only have 45 days to report a workplace injury. If you report your accident on the 46th day or after, you could lose your right to receive benefits.

Once your injury has been reported, ask about filing a workers’ compensation claim and find out whether there are specific medical providers you’ll need to see. If your employer has established a Preferred Provider Program, you may need to receive treatment from providers on the list.

When receiving medical treatment, do not minimize your injuries. Additionally:

• Make sure to tell your doctor that you were injured on the job.
• Follow your doctor’s treatment plan.
• Create a record of all medical visits, bills, receipts and notes about your condition.
• Obtain a free consultation with a workers’ compensation attorney at your earliest convenience.

How Much Do Workers’ Compensation Lawyers Charge In Illinois?

Workers’ compensation attorneys in Illinois typically work on a contingency fee basis, meaning they only get paid if you win your case. The fee is usually 20% of what you recover, but it can vary depending on the complexity of the case and the amount of work required.

How Does Workers’ Compensation Work In Chicago?

Workers’ compensation in Chicago works similarly to the rest of Illinois. If you are injured on the job, you should immediately report the injury to your employer. Your employer must then pay for your medical treatment and a portion of your lost wages.

What Are The Statutory Limits For Workers’ Compensation In Illinois?

The statutory limits for workers’ compensation benefits in Illinois depend on the type of injury and the extent of disability. For example, the maximum benefit for total temporary disability is two-thirds of your average weekly wage up to a specific limit. There are limits on the amount that can be awarded for particular injuries and disabilities.

How Long Can A Workers’ Compensation Claim Last In Illinois?

The duration of a claim can vary widely depending on the nature and severity of the injury. An injured worker may sometimes receive benefits until they can return to work. In other cases, particularly those involving permanent disabilities, benefits may continue indefinitely.

What Is The Statute Of Limitations For Filing A Workers’ Compensation Claim In Illinois?

In general, you have three years from the date of the injury to file a claim or two years from the last payment of compensation, whichever is later. However, this rule has exceptions and nuances, so it is essential to consult with a lawyer to understand the deadlines that apply to your situation.

Ask A Chicago Workers’ Compensation Attorney About Getting Benefits

At Eames Law Group, we are ready to advocate for you throughout the entire workers’ comp claims or appeals process. Please schedule your completely free initial consultation by calling 312-319-8350 or by using our online contact form.