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Illinois Factory Workers’ Compensation Lawyer

The Illinois factory workers’ compensation system can be challenging to navigate, but Chicago Injury Center is here to help. We ensure that injured factory workers achieve maximum compensation so they can recover in comfort. Call us today for a free consultation about your work-related injury.

An Illinois lawyer for injured workers.

Why Hire Chicago Injury Center

Our Chicago-based firm helps injured workers across the state successfully navigate their workers’ comp claims. We will thoroughly document workplace injuries using medical records, value your medical expenses and other damages, and appeal denied claims in front of the state’s Workers’ Compensation Commission (IWCC).

With the prestigious Super Lawyers® rating and a perfect 10/10 AVVO score, you can trust our attorneys to secure fair compensation for your injuries.

Settlements & Verdicts Recovered by Our Law Firm

$11,000,000: Josef lost his dominant hand due to a defective punch press. We provided evidence demonstrating that the manufacturer was aware of the issue but failed to inform companies.

$300,000+: Pedro was only two years from a planned retirement when he fell off a loading dock, fracturing his pelvis. This workers’ compensation claim was settled with the insurance company for all his medical needs.

What Are the Most Common Factory Accidents and Injuries in Illinois?

In 2023, there were 355,800 injuries and illnesses in the private manufacturing sector, highlighting the risks associated with this work. Common injuries among factory workers include:

  • Crush injuries from heavy objects.
  • Repeated exposure to hazardous chemicals.
  • Amputations from punch presses and stamping equipment.
  • Back injuries from heavy lifting.
  • Slip and fall injuries on slick or oily floors.
  • Repetitive stress injuries while working on assembly lines.
  • Burns from caustic chemicals, heat, or explosions.
  • Hearing loss from loud factory environments.

What Benefits Are Available to Injured Factory Workers in Illinois?

Workers’ compensation claims will cover an injured employee’s medical bills, which include physical therapy and other rehabilitation. (820 ILCS 305/8(a)).

You can also recover a portion of your lost wages in accordance with the statutory cap. There are four different types of workers’ compensation claims, depending on whether you can return to your job duties or perform light work while you recover.

  • Temporary Total Disability: Injured factory workers who cannot work while they heal can recover up to two-thirds of their average weekly wage (AWW).
  • Temporary Partial Disability: If you can perform light work while healing, then you can recover part of the difference between your current and previous income up to the statutory limit.
  • Permanent Total Disability: Those who cannot return to employment, such as those who suffer paralysis or traumatic brain injuries, will receive maintenance benefits as well as compensation for their medical needs.
  • Permanent Partial Disability: If you can’t return to your previous job, you can receive coverage for occupational retraining.

Dependents of workers killed in factory accidents can receive death benefits, including $8,000 for funeral and burial expenses (820 ILCS 305/7). They can also receive maintenance benefits for 25 years or up to $500,000, whichever is greater.

Workers’ compensation does not cover non-economic damages like pain and suffering, emotional distress, or grief. If someone other than your employer was liable, you may be able to recover these damages through a third-party liability suit.

How to File an Illinois Workers’ Compensation Claim

We will guide you through the whole claims process, which includes the following steps.

  • Seek immediate medical attention and ensure your medical records reflect that you were hurt on the job.
  • Report the injury to your employer within 45 days (820 ILCS 305/6(c)).
  • Gather additional information, including witness statements, accident photos, and accident reports.
  • Keep records of all medical costs, lost income, and out-of-pocket expenses.
  • File an Application for Adjustment of Claim with the Illinois Workers’ Compensation Commission (IWCC).
  • Work with an experienced workplace injury attorney who can accurately calculate your average weekly wage.

Unlike other cases for factory accidents, these claims have a statute of limitations of three years (820 ILCS 305/6). If you don’t file within the time limit, you will not be able to recover any compensation.

How Are Workers’ Compensation Benefits Calculated for Illinois Factory Workers?

The average weekly wage is 1/52 of your annual pay (33 U.S. Code § 910). This includes hourly pay, overtime, shift differentials, and bonuses.

Insurance companies will attempt to minimize your remuneration, which is why it is crucial to work with a skilled attorney who can accurately assess your pay. We also ensure that all medical attention necessary will be incorporated into your settlement, including any future needs.

What If a Factory Worker Is Denied Workers’ Compensation Benefits?

Workers’ compensation is a no-fault system, meaning that you cannot be denied because you were liable for the accident. However, your employer’s insurance company may still deny your claim for other reasons.

A common denial is claiming that the injury was not work-related. However, the case McAllister v. Illinois Workers’ Compensation Commission affirms that an injury is work-related if a worker is at a higher risk of this type of injury due to their job and it occurred while in the course of their duties.

Another argument is that the injury was pre-existing and therefore not related to your employment. This is especially common for occupational diseases like hearing loss or soft tissue injuries that cannot be identified on X-rays. We can use medical records and expert testimony from medical professionals to demonstrate that you developed the issue as a result of your occupation.

Finally, workers’ compensation claims may be denied due to late filing, making it essential that you contact us for immediate assistance. We will appeal any denied claims to the IWCC so you have a chance of a fair settlement.

A workers compensation lawyer for factory injury claims.

Are There Other Compensation Options for Factory Injuries?

While you cannot sue your employer if you claim workers’ compensation, it is possible to pursue compensation from other liable parties. This would include manufacturers, general contractors, other employees, and property owners.

The Joint Tortfeasor Contribution Act enables injured factory workers to sue more than one party, with blame allocated between all defendants (740 ILCS 100/). Our factory accident lawyers will identify all potentially liable parties and demonstrate their liability through strong evidence.

Unlike workers’ compensation, personal injury claims have a two-year statute of limitations (735 ILCS 5/13-202). As such, it is crucial to contact us as soon as possible so that we can begin investigating your case and file in a timely manner.

Book a Free Consultation

Our Chicago workers’ compensation attorneys provide top-rated legal representation to injured employees across the state. We work on a contingency fee basis, meaning you owe us nothing unless we win your case. If you’ve been hurt in a factory accident, contact us today for a free consultation about your workers’ compensation benefits.

Content reviewed by Chicago personal injury lawyer Jonathan Rosenfeld of Rosenfeld Injury Lawyers LLC, who holds negligent individuals, corporations, and institutions accountable to secure justice and compensation for injured victims and their families, and is a trial lawyer recognized by Super Lawyers, the National Law Journal, and the National Trial Lawyers organization.

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