Workers' Compensation FAQ

We receive hundreds of different questions from clients or potential clients throughout the claim process. Below is a short list of a few of the most common questions we receive. If your question is not answered below, contact us and we will try and answer any questions you may have.

How long after I am injured can I file my claim?

In Illinois, an employee generally has three years from the date of his accident or knowledge of the injury or two years from the last payment of compensation by the Respondent to file a claim with the Illinois Workers' Compensation Commission.

Can I be fired for filing a workers' compensation claim?

NO. In Illinois, an employer cannot fire or discriminate against an employee for filing a workers' compensation claim. If an employee is fired or discriminated against due to filing the workers' compensation claim, he or she may have a case for separate legal action against the employer.

How do I get paid if the injuries I sustain cause me not to be able to work?

Injured workers who are either authorized off work by their treating doctor or who are released to perform light duty work which their employer cannot accommodate are entitled to temporary total disability benefits (TTD). TTD is calculated at 2/3 of a client's average weekly wage and TTD benefits are tax free.

How long is my case going to take?

The average workers' compensation claim is on file at the Illinois Workers' Compensation for 16 months. It should be noted that every case is different depending on the severity of the injury sustained and the complexities of the issues involved in the case. Some cases take less than 16 months while others take more.

When is my case going to be able to settle?

A case is normally ready for settlement negotiations once the client has reached maximum medical improvement (MMI). A client is at MMI once he or she is released from the care of his or her treating doctor which means the doctor believes that patient has healed as much as they can and require no further medical treatment.

How much do I pay for the attorney's fees?

The simple answer is 20% of the total recovery. We do not take any fee on your medical bill payments or TTD benefits so long as they are not being disputed. At NO time does the client ever owe us any money out of his or her pocket. Our firm fronts all the expenses on your claim including subpoena fees, deposition fees and trial costs. We recover those costs out of the settlement amount or trial award.

What about my pain and suffering?

In Illinois workers' compensation law, employees are not entitled to benefits for pain and suffering. Settlements or trial awards are limited to medical expenses, lost wages and permanent partial disability (PPD). PPD is a percentage loss of the use of the part of your body you injured in your work injury. The state of Illinois uses a complex formula that assigns a value to different body parts. The total value of a settlement or trial award is obtained from another formula which factors in the average weekly wage of an injured worker and a settled upon or awarded percentage loss of the use of the injured body part of the client.

Is my case going to settle or go to trial?

The majority of workers' compensation claims settle prior to having to go to trial, but that does not mean all cases settle before trial. Our firm will do all we can to get every client the best possible settlement offer, but we will not advise a client to settle his or her claim if we feel the settlement offer is not fair. We are experienced trial attorneys and have no problem trying a case before an Arbitrator if it is in the best interests of our client. We will always provide each client with detailed advice on whether we feel a case should settle or proceed to trial. In the end, it is the decision of the client to either settle the claim or go to trial.