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Workplace injuries are unfortunately common, and the physical, emotional, and financial disruption can be overwhelming. In Illinois, workers are entitled to no-fault benefits under the state’s workers’ compensation laws, ensuring medical coverage, disability payments, and wage replacement while you recover. Whether you’re a minimum-wage worker, executive, or undocumented immigrant, you have the right to receive these benefits. Our workers’ compensation lawyers will guide you through the process and ensure your rights are protected.
From negotiations to courtroom advocacy, our dedicated lawyers are committed to securing the compensation and justice you deserve.
Injuries are all too common within the workplace. For many, the unpredictable nature of work injuries generally presents a major emotional and financial disruption in a worker’s life that can be devastating. That is why it is important to remember that regardless of your job or career, whether you are a minimum wage worker or a high salary executive, an undocumented immigrant or a U.S. citizen, if you have been hurt at work, you are eligible to receive workers’ compensation benefits under most state laws.
Julio A. Costa is a co-founder of Costa Ivone, LLC, specializing in personal injury and workers’ compensation cases. He brings a wealth of experience to the firm, having successfully represented numerous clients in workers’ compensation claims.
Secured a $1.5 million settlement for a construction worker injured on the job in Joliet.
“Julio’s expertise and dedication were invaluable. He guided me through the entire process and ensured I received the best possible outcome.”
– Sarah W., Joliet
Anthony L. Ivone, co-founder of Costa Ivone, LLC, has extensive experience handling workers’ compensation cases. He is known for his aggressive representation and compassionate client care.
Achieved a $2.75 million verdict for a severe bicycle accident case.
“Anthony was incredible throughout my case. His dedication and expertise were evident, and I couldn’t have asked for a better outcome. Thank you, Iván!” – Michael R., Joliet
Jordan R. Browen has dedicated his entire career to fighting for the rights of injured workers. He has successfully litigated numerous workers’ compensation cases before the Illinois Workers’ Compensation Commission and handled appeals in Illinois Circuit and Appellate Courts.
Won a $1.3 million permanent total disability case.
“Jordan’s attention to detail and creative solutions ensured I received not just a check at the end of my claim, but peace of mind for my future.”
– Anonymous Client
Stefani Perez focuses her practice on representing injured individuals, including those with personal injury and workers’ compensation claims. She provides diligent and focused representation to her clients.
Secured a significant settlement for a workplace accident in North Chicago.
“Stefani’s attention to detail and compassionate approach made a huge difference in my case. I felt supported and confident throughout the process.” – Carlos M., North Chicago
A workplace injury could happen in a variety of ways, but the most common are:
You are entitled to a variety of different benefits when recovering compensation for your work injuries. Here at Costa Ivone, LLC we understand the financial and emotional disruption that a work injury can bring to your life, which is why our network of experienced attorneys investigate every detail of your claim to see if you qualify for any of the following benefits:
If you are injured at work, you have a legal right to pursue workers’ compensation benefits regardless of immigration status or socio-economic backgrounds.
Regardless of the safety regulations in place or how cautious you are when you proceed with your daily work duties, you can still suffer injuries while on the job. There are thousands of work-related injuries that happen each and every year all across the United States, and Illinois workers are among the many of those who suffer injuries while performing their daily job duties. States oversee workers’ compensation, ensuring that their citizens have access to the coverage they need if they are hurt while on the job. Workers’ compensation is designed to provide medical coverage benefits and cover a portion of lost wages while you are unable to work from the on the job injury. Legislation focusing on workers’ comp is very specific. The laws overseeing work-related illnesses and injuries are very strict and are precise in nature. If you have been hurt at work you should consult with an experienced Chicago workers’ compensation attorney so you can make sure your rights are protected, and that you are treated fairly throughout the claims process.
The information displayed here is about legal issues and legal developments. Such material is for informational purposes only and may not reflect the most current legal developments. This informational material is not intended, and should not be taken, as legal advice on any particular set of facts or circumstances. You should contact our office for advice on specific legal problems, as laws are constantly changing.
When it comes to workers’ compensation in Illinois, special insurance coverage for workers is required. Employers are required by law to purchase the insurance while the insurance company must fund the workers’ compensation benefits when employees file claims. When a dispute is involved, the Illinois Workers’ Compensation Commission protects the rights of workers while enforcing workers’ comp laws. If you are hurt in the capacity of your job or you suffer a medical condition because of exposure to toxic fumes or chemicals, you need to follow the proper protocol to protect your rights and ensure you get the compensation to which you are entitled after suffering such damages or losses.
Workers’ comp benefits in the State of Illinois cover the costs of medical care that is necessary or required to either reduce the injury impact or to lead to a full recovery. Workers’ comp also covers either partial disability benefits or temporary total disability benefits in addition to vocational rehabilitation services, or death benefits. Benefits received from workers’ compensation are non-taxable. However, the laws overseeing workers’ compensation are clear, and you as well as your employer must follow specific guidelines in order to ensure the claim is handled properly and in a timely manner.
When disability benefits come into play, temporary disability benefits in Illinois are paid at 66 2/3% of your regular average weekly wage, but no more than the maximum amount established by the state. The state’s maximum benefit established as of January 2017 is $1,435.17 weekly. This cap is updated every 6 months, so the latest figures are available on the Illinois Workers’ Compensation Commission website. After three days of work have been missed, temporary disability benefits kick in. If you miss more than 14 days of work, you will also be paid for the first three days of missed work as well.
If you are unable to work, permanent disability is based on calculating 66 2/3% of the difference in wages received before and after the injury or by looking at what is called the “schedule of injuries” which indicates how many weeks of payments you are eligible to receive for those specific injuries. If you have suffered permanent disfigurement, you are eligible for up to 162 weeks of workers’ comp benefits paid at a weekly rate of 60% your average wages. These workers’ compensation laws are very clear when it comes to setting the amount you could receive as reimbursement for lost wages. A local workers’ comp lawyer can help you determine how much you stand to receive.
Like other insurance companies, workers’ compensation might not be willing to approve your claim or pay you the full amount of damages that you deserve for your work-related injuries. To ensure your rights are protected and that you are treated fairly, consult with experienced workers’ compensation attorneys. Costa & Ivone, LLC is a young, but dynamic Illinois law firm skilled in handling workers’ compensation for hard-working residents just like you. With a proven track record of successfully helping clients obtain the benefits to which they are entitled, a workmans’ comp lawyer in Chicago can help you proceed with your claim.
If you are working your regular shift at work and you suffer an injury, whether it be an company auto accident or a construction accident, you should contact your supervisor as quickly as possible so an accident report can be filled out. When you notify your supervisor or employer, you need to make sure they know where the accident happened, what you were doing when it happened, how it happened, and the date and time of the accident. While you can either notify your supervisor in writing or verbally, it recommended by the Illinois Workers’ Compensation Commission to file the notice in a written format so you can have a paper trail proving notification was made. Just letting fellow employees know what happened is not sufficient. Instead, make sure you notify management or a supervisor.
In order to be eligible to claim benefits and to keep your workers’ comp rights in place, you are required to make notification of the accident to your supervisor within 45 days of the date of the injury. The longer that you wait to make proper notification, the longer your benefits for your injury will be delayed. If you wait longer than 45 days to notify your employer, you could lose all of your workers’ comp benefits or the right to pursue a claim for the injury in question. However, the law offers a few exceptions for this particular rule.
Exceptions to the 45-day reporting period include cumulative trauma injuries such as repetitive stress injuries or illnesses that develop slowly. In those cases, you must report the condition to your employer as quickly as possible after you are aware that there is an injury or condition, that you are aware it is related to your work, and that you have suffered a disability from the work-related condition. If you have been exposed to radiation and suffered an injury, you have 90 days after you suspect or are aware of your unsafe radiation exposure to file the proper notice with your employer.
There are still other injuries or conditions that progress much differently so it is longer before you know that you have suffered an illness or injury. If you wish to file a claim with the Illinois Workers’ Compensation Commission, you either mail or hand the written Application for Adjustment of Claim. You must include a proof of service that indicates you have provided your employer with a copy of the application. This application needs to be filed within three years following your disablement or injury for most injuries or conditions.
If you have previously received compensation for this condition, you need to file it within two years of the last compensation payment you received if the condition ended and disablement returned. However, once against there are some exceptions.
Exceptions to the three-year rule include injuries resulting from asbestos exposure, such as asbestos or mesothelioma, in which you have 25 years after the last exposure to pursue a workers’ comp claim. You have five years after the last exposure for pneumococcus and 25 years after the last exposure for radiation-related injuries or conditions. Diseases such as berylliosis, which is caused by silica dust inhalation, has three years from the date of the last exposure. In cases where your employer is paying for your medical care and either permanent or temporary disability benefits as expected, you don’t need to file this application with the State Commission.
After you have notified your employer that you have suffered a personal injury on the job, your employer is required by law to provide you with a list of medical providers that are approved for workers’ comp claims. Your employer must notify for workers’ compensation employer to get the claims process started. If your work-related injury has caused you to be unable to work for more than three days, your employer must either approve your claim and start payment of temporary disability benefits or provide you with written explanation of why your claim was either denied or why it was delayed for further investigation. In those cases, they must tell you what additional information is needed from you to proceed with the claims process.
Within 30 days of receiving notification about your condition or injury, your employer has to file an accident report with the State Commission. This is Form IC45, which is also called the Employer’s First Report of Injury. Filing this report with the state doesn’t necessarily result in any action being triggered by the Commission. If your employer fails to respond to your notification of injury, you will have to personally file a claim with the State Commission. A Chicago workplace injury attorney could put pressure on an employer to give proper notification of a claim.
Some of the more common reasons for denying a workers’ comp claim in Illinois are failing to let your employer know about the condition or injury within 45 days of it happening and the failure to prove that the injury you suffered was the result of work or happened in the course of work. If your employer was, however, notified of your injury within the 45-day time limit and then your claim was denied by your employer you can file a petition asking the State Commission to review your claim. At that point, the Commission will conduct a hearing and then make a ruling regarding your claim and whether or not it should have been granted approval.
There are a number of communications to send when you are looking to file a workers’ comp claim. It can be overwhelming, especially if you are focused on your physical recovery. Leave the paperwork to a Chicago workers’ compensation lawyer who has experience in these types of cases.
Injuries caused by slick surfaces or poorly maintained walkways.
Malfunctions in machinery or unsafe tools leading to severe injuries.
Repetitive movements leading to conditions like carpal tunnel or tendinitis.
Exposure to harmful chemicals, gases, or other dangerous materials in the workplace.
Injuries sustained in car accidents during work-related travel.
Physical injuries caused by assaults or altercations at work.
Injuries sustained due to unsafe working environments with risks of fire or explosions.
If you’ve been injured at work, Illinois law entitles you to a range of workers’ compensation benefits that help you recover physically, emotionally, and financially. These benefits ensure you receive support during and after your recovery.
These benefits cover lost wages if you are unable to work for a temporary period. You are entitled to 66 2/3% of your average weekly wage, with certain state-imposed caps. Payments begin after three days of missed work and continue until you are medically cleared to return.
For those who can return to work but suffer from lasting impairments, permanent partial disability benefits compensate for any loss of earning capacity due to the injury.
If your injury prevents you from returning to your previous job or you earn less in a different role post-injury, you may qualify for wage differential benefits. These provide compensation for the difference between your pre-injury and post-injury wages.
If your injury makes it impossible to return to your previous job, you may be eligible for vocational rehabilitation services, including job retraining, education, or other assistance to help you enter a new career.
For severe injuries that prevent you from ever returning to work, permanent total disability benefits provide long-term financial support.
If a worker dies from a workplace injury, their dependents are entitled to survivor’s benefits, including funeral costs and financial support for dependents.
Workers’ compensation also covers all necessary medical expenses, including surgeries, rehabilitation, medications, and future treatments related to the injury.
These benefits are crucial in ensuring you have the resources to focus on recovery without worrying about financial strain.
While most workers’ compensation claims don’t require proof of negligence, certain situations involve employer negligence or the involvement of third parties. For instance, if a defective piece of machinery caused your injury, you might be able to file a third-party lawsuit against the manufacturer or contractor responsible for the equipment.
In addition, if your employer failed to maintain a safe work environment, leading to your injury, you may have grounds for negligence-based claims. These lawsuits allow you to pursue compensation for pain and suffering, lost wages, and other damages not covered under workers’ compensation.
In cases of third-party liability or employer negligence, it’s crucial to have an experienced workers’ compensation attorney who can guide you through both the workers’ compensation claim and the legal action necessary to pursue full compensation.
Certain high-risk industries, such as construction, healthcare, and manufacturing, have additional protections under Illinois law due to the hazardous nature of these jobs. Workers in these industries are more likely to face severe injuries, and it’s important to have legal representation that understands these specific protections.
Under Illinois workers’ compensation law, injured employees are entitled to several benefits, including temporary total disability benefits (TTD). TTD ensures that you receive 66 2/3% of your average weekly wage while you’re unable to work due to an injury. For instance, if you were earning $1,000 per week before the injury, TTD benefits would provide about $667 weekly during your recovery period. These benefits continue until you’re medically cleared to return to work, offering crucial financial support.
In more severe cases where an injury permanently affects your ability to work, you may qualify for permanent total disability benefits (PTD). PTD applies to workers who are unable to return to any job due to their injury, such as those with severe spinal damage or traumatic brain injuries. In these cases, PTD benefits provide long-term financial support.
Permanent partial disability benefits (PPD) are available to employees who can return to work but with lasting impairments. For example, a worker who suffers the loss of a limb or significant loss of function may still be able to perform some job duties, but with limitations, and PPD benefits help to compensate for that reduced earning capacity.
For workers who experience disfigurement—such as permanent scarring or dismemberment—additional compensation is available. This benefit is critical for those in high-risk industries, like construction or manufacturing, where the risk of severe injury is higher. With the help of a workers’ compensation lawyer Chicago, you can ensure that you receive all the benefits you’re entitled to under Illinois law.
Illinois law mandates that employers provide workers’ compensation insurance to protect employees in case of work-related injuries. This coverage includes medical bills, lost wages, and disability benefits. The Illinois Workers’ Compensation Commission enforces these laws, ensuring that employers comply with regulations and that injured workers receive the benefits they are entitled to.
If an employer fails to carry insurance or approve your claim, legal action may be necessary. In cases of negligence or defective products, workers can also pursue third-party lawsuits for additional compensation beyond workers’ comp.
To protect your rights and receive the benefits you’re entitled to, follow these steps:
Notify your employer within 45 days of the injury or as soon as you become aware of your work-related condition.
Submit your claim to the Illinois Workers’ Compensation Commission within three years of the injury.
Delays or mistakes can jeopardize your benefits. Our attorneys ensure all aspects of your claim are handled properly, from initial filing to representing you in hearings if necessary
If your claim is denied, it may be due to missed deadlines, insufficient evidence, or a dispute over whether the injury is work-related. You have the right to appeal this decision through the Illinois Workers’ Compensation Commission. Our attorneys will assist you with filing the appeal, gathering additional evidence, and representing you at hearings to ensure you get the compensation you deserve.
Filing for workers’ compensation can be overwhelming, especially when employers or insurance companies attempt to deny or underpay claims. Here’s why hiring a Chicago workers’ compensation lawyer is crucial:
Our lawyers understand the complexities of Illinois workers’ compensation laws and will help you secure the maximum benefits.
We negotiate with insurance companies to ensure you are not underpaid or denied compensation.
If your claim is denied or disputed, we will represent you in court and advocate for your rights.
Injured workers need an experienced legal team to navigate the complexities of workers’ compensation claims. Our attorneys at Costa Ivone, LLC will fight for your rights, ensuring you receive the compensation you deserve. Contact us for a FREE consultation today.
Yes, workers comp can stop paying you in Illinois if your employer or their insurance company believes that you are no longer eligible for benefits. This can occur if a doctor determines you have recovered sufficiently to return to work, if you refuse a suitable job offer, or if your claim is disputed.
In Illinois, you can choose your own doctor for workers’ comp under the “two-physician” rule. You may select up to two doctors and any referrals they make. However, if your employer has a preferred provider program (PPP), you must choose from that list unless you opt-out in writing.
In Illinois, employers with one or more employees are required to provide workers’ compensation insurance. This applies to almost all businesses, regardless of the number of employees.
The statute of limitations for filing a workers’ compensation claim in Illinois is generally three years from the date of the injury, or two years from the last payment of compensation, whichever is later. It’s crucial to file within this timeframe to maintain your right to benefits.
In Illinois, you cannot sue your employer directly for a workers’ compensation claim as the system is designed to be a no-fault solution. However, if your employer fails to pay you the benefits you are owed, you can file a claim with the Illinois Workers’ Compensation Commission.
To claim workers’ comp in Illinois, notify your employer about the injury as soon as possible, ideally within 45 days. Seek medical treatment and inform the healthcare provider that the injury is work-related. Then, file a claim with the Illinois Workers’ Compensation Commission to start receiving benefits.
Workers’ comp in Illinois typically pays 66 2/3% of your average weekly wage, subject to state minimum and maximum limits. This payment is meant to compensate for lost wages while you are unable to work due to a work-related injury.
In Illinois, if you’re out due to a work-related injury, you typically don’t need to use your vacation time. Workers’ compensation provides wage replacement and medical benefits, so your time off is covered through that program instead. Always check your employer’s policies or consult a legal expert for specific details.
Accruing vacation while on workers’ compensation in Illinois depends on your employer’s policies. Some employers may allow vacation time to continue accruing, while others may not. It’s best to check your company’s specific policies regarding vacation accrual.
The statute of limitations on workers’ comp claims in Illinois is generally three years from the date of the injury, or two years from the last payment of compensation, whichever is later. It is important to adhere to these deadlines to ensure your right to benefits.
If you have been injured and believe that someone else was to blame, do not try to reach a settlement on your own. You need an advocate who could stand up to defense lawyers and insurance companies, and not be intimidated into accepting an inadequate settlement.
