As an injured worker, what benefits am I entitled to while off work?
If you become injured on the job, the Illinois Workers’ Compensation Act provides Temporary Total Disability (TTD) benefits for the whole time your doctors deem you unable to work. These benefits equal two-thirds of your average gross weekly salary during the 12 months prior to your accident.
If my injury is permanent, what benefits can I collect?
If you have suffered any partial or total “loss of use” of any part of your body, or the partial loss of use of your body as a whole, you may be eligible for Partial Permanent Disability (PPD) benefits.These benefits are calculated as 60 percent of your gross weekly wage for the 12 months prior to your workplace injury. Other factors are taken into account for PPD benefits, including the body part injured, along with your specific occupation, training and degree of injury.
What kind of compensation can I recover?
If you suffer a workplace accident, you are entitled to three different types of workers' compensation: reimbursement of lost wages, money to cover your medical fees and vocational rehabilitation or retraining. Your reimbursement for lost wages will include temporary or permanent disability benefits (see questions above), and will depend on the severity of your injury and your earnings for the 12 months prior to your injury. Routine and reasonable medical fees as they relate to your work-related injury will also be covered. In Illinois, vocational rehabilitation usually involves workers being assisted in the search for another job. However, there are very specific and complicated criteria that must be met before an Illinois employer is required to provide formal retraining or schooling to injured employees.
Can I sue for pain and suffering?
No. Workers’ compensation benefits will only cover medical expenses, damage to your body as a result of your injury and lost wages. You cannot recover damages for pain and suffering, or any emotional distress.
If my condition is pre-existing can I still file a case?
Yes. Just because a condition you have is a pre-existing condition, you are not disqualified to receive workers’ compensation benefits. You will need to prove with medical records and other documentation that you had this condition prior to your workplace accident, and that the incident worsened your condition.
Why should I choose Harvey L. Walner & Associates, Ltd. to represent my workers’ compensation claim?
The attorneys at Harvey L. Walner & Associates, Ltd. have more than 75 years of experience litigating personal injury cases. We are dedicated to providing our clients with the highest degree of personalized attention. When you call us, we will call you back no matter what. Our lawyers care about winning your claim, but we also care about you.
If you were injured in the Chicago area, please call or email the workers’ compensation attorneys at Harvey L. Walner & Associates, Ltd. We offer free consultations and charge no fee unless we collect money for you.