Decatur Workers’ Compensation Lawyer
Illinois is a “no-fault” workers’ compensation claim state. If you are injured on the job, you should file a workers’ comp claim regardless of negligence or any sort of fault. Unfortunately, some Illinois employers still pressure employees not to file claims, or they claim that a workers’ injury is not work-related.
At Kanoski Bresney, our attorneys protect the rights and benefits of injured workers and victims of construction accidents through settlement, negotiation and arbitration. We work vigorously for our clients to maximize deserved compensation throughout central Illinois, from Springfield to Champaign to Bloomington.
Workplace Injury Claims Our Decatur Office Represents
Our devoted team of attorneys in central Illinois handles all types of cases, including such injuries as:
- Knee, shoulder and joint injuries
- Back injuries
- Aggravated pre-existing conditions
- Carpal tunnel syndrome
- Occupational diseases
- Permanent impairment
- Permanent and total disability
- Work injury scars
- Broken bones
- And others ranging from repetitive motion damage to traumatic on-the-job injuries
Workers’ compensation covers all work-related injuries in Illinois regardless of negligence. If you have been injured on the job, you are entitled benefits and appropriate medical care. We will work diligently to obtain your compensation, including:
- Lost wages
- Medical expenses
- Retraining costs
- Vocational rehabilitation costs
Is There A Statute Of Limitations on Workers’ Compensation Claims in Decatur, IL?
It is crucial to consult with an experienced, accomplished and knowledgeable attorney immediately. Illinois laws allow specific timelines for filing lawsuits. If you miss the deadline, you may lose your right to benefits and ability to file a lawsuit.
What is the average workers’ compensation settlement in Illinois?
Understanding an average workers’ compensation settlement In Illinois can be difficult because each case is different. While giving an exact estimate of how much a claim will be worth is not possible without understanding the facts of a particular case, we say that Illinois allows for a maximum number of weeks of compensation depending on which body part is injured. Illinois bases this maximum number of weeks off of a list of scheduled injuries which can be found by clicking here.
Using this method, injured workers can locate the number of weeks allotted for the body part injured on the chart and multiply that number of weeks by 60% of their average weekly wage (AWW) to arrive at the maximum compensation they can receive.
There are other methods for determining compensation in these cases. An employee could lose their ability to perform a task they were able to perform before their injury, or the injury could force an employee to accept a new form of employment that results in less income. In both of these situations, Illinois law has a way to compensate workers.
What factors affect workers’ compensation settlements?
There are various factors they go into calculating how much a total settlement will be for an injured worker. Perhaps the most important factor will be the determination by a doctor of when the injured worker reaches maximum medical improvement (MMI).
MMI will be the point at which medical treatment and intervention no longer yield any improvement for the injured worker. Basically, this will be a doctor saying, “this is as good as it gets” for your recovery. Until an injured worker reaches MMI, there is no way to know what a final settlement should be.
Another major factor in how much a worker will receive in compensation after an injury revolves around their income. When an injury prevents someone from going to work, workers’ compensation will not cover their total income. Workers will receive 66 2/3 other income up to the limits allowed under the law in Illinois.
Finally, insurance carriers play a large role in determining how much and what kind of benefits an injured worker will receive. Workers’ compensation insurers employ insurance adjusters who will do what they can to limit the amount of money paid out in a settlement. Working with insurance adjusters can be complicated, particularly if they dispute the medical treatment needed or whether or not you are as disabled as your doctor claims. Workers’ compensation insurers could require an injured worker to undergo an independent medical evaluation to get a second opinion on the case.
Is there a statute of limitations for work injury claims In Illinois?
One of the most important things to understand for injured workers is that they need to report their injury to their employer as soon as possible. In Illinois, injured workers only have a limited amount of time to file a claim to receive financial compensation. The Illinois Workers’ Compensation Act establishes strict deadlines for these cases, and failing to follow the rules could cost injured workers their ability to secure compensation.
When a person is injured at work at Illinois, they must report the injury to their employer within 45 days of the incident. This report needs to be in writing, and the employer may have an insurance form for you to complete. For those suffering from an occupational illness as opposed to a traumatic injury, the 45-day deadline is not applicable.
Reporting the injury is not the same thing as filing for benefits through workers’ compensation insurance. After an injury is reported, workers must file for benefits through the Illinois Workers’ Compensation Commission within three years from the date the injury occurs.
We Protect Employee Rights And Workers’ Comp Benefits
We Have Collected More Than $100 Million For Injured Workers In Illinois
At Kanoski Bresney, we commit our close attention to detail to fully addressing the specific needs of each individual injured worker. We help them report injuries and file claims without fear of employer retaliation. Our dedicated law firm will help you minimize the effects of your injuries, seek appropriate medical attention, and obtain the reimbursement you are entitled to for damages and losses.
We work to gain a full understanding of your injuries and circumstances, and we provide you with an independent and honest evaluation of your claim(s), accomplish all legal leg work, ensure you receive appropriate medical care and represent your best interests in and out of court.
Contact Our Decatur Workers’ Compensation Attorneys Today
Call us at (217) 429-3509 or contact us by email to schedule a free initial consultation to discuss the specifics of your unique needs and circumstances.