Heavy Lifting Injury Workers’ Compensation in Illinois

Experienced Chicago-Based Attorneys

Receiving heavy lifting injury workers’ compensation benefits can be challenging, especially for those suffering from chronic work-related injuries that are more difficult to prove. We assist all workers who have suffered lifting injuries, whether that’s construction workers renovating a Bolingbrook office building or warehouse workers in downtown Chicago. Contact us today for a free consultation about your work-related lifting injury.

Why Choose Chicago Injury Center

We are the top-rated personal injury firm in Illinois, serving clients across the state. Our attorneys have been honored with the prestigious Super Lawyers distinction and hold a flawless 10/10 AVVO rating thanks to our fierce commitment to maximum compensation for all our clients. With over $450 million in successful settlements and verdicts to our name, you can be assured of the best possible chance at compensation for your workplace lifting injuries.

What Are the Most Common Causes of Heavy Lifting Injuries in Illinois Workplaces?

If lifting heavy objects is frequently required as part of your job duties, you may be at risk of serious physical harm. This is especially true if your workplace does not provide adequate protection or follow the National Institute for Occupational Safety and Health (NIOSH) voluntary guidelines for safe lifting practices. Common causes of these workplace injuries include:

• Inadequate training on how to safely lift heavy objects
• Lack of lifting aids for heavy loads, such as forklifts and hoists
• Failure to offer personal protective equipment
• Overloaded or unbalanced materials
• Poor job site ergonomics
• Lifting in awkward positions or over an extended period of time
• Environmental factors like slick or uneven floors
• Rushed schedules, understaffing, and a lack of oversight
• Failure to follow OSHA rules around safe lifting practices

What Are the Most Common Injuries from Lifting Heavy Objects at Work?

Lifting injuries can result in extended time off work, permanent disability, and chronic pain. Our experienced personal injury lawyers often see the following injuries:

• Back injuries
• Herniated or slipped discs
• Nerve damage
• Pulled muscles and ligament strains
• Shoulder and rotator cuff injuries
• Elbow injuries
• Chronic pain conditions

What Workers’ Compensation Benefits Can Victims of Heavy Lifting Injuries Recover in Illinois?

Workers’ compensation benefits will cover medical treatment and a portion of your lost wages (820 ILCS 305). You can receive up to the state average weekly wage (SAWW) to compensate you for time off work.

There are different types of financial compensation depending on whether you have permanent or temporary disability, though all provide for medical benefits and rehabilitation like physical therapy.

Temporary Partial Disability Benefits (TPD): This covers injured workers who can return to light duty with a temporary reduction in pay. You can receive part of the difference between your previous and current wages.

Temporary Total Disability Benefits (TTD): If you are not able to return to work at all while recuperating, then you can receive your lost wages until you return to work.

Permanent Partial Disability Benefits (PPD): If you can return to work but cannot perform your previous work duties, then you would be considered permanently partially disabled. You can receive part of the difference between your previous and current wages.

Permanent Total Disability Benefits (PTD): Those who cannot work in any capacity due to a work-related injury, such as paralysis or an amputation, can receive up to the state average weekly wage.

Vocational Rehabilitation and Retraining: If a lifting injury at work means you can’t return to your previous job, you may be eligible for vocational rehabilitation, like physical therapy, as well as job training for new employment.

Lump Sum Settlements: Some injured workers choose to receive a lump-sum settlement. However, it’s crucial to work with a skilled attorney who can determine when you have reached maximum medical improvement. Otherwise, your settlement may not cover other injuries related to the accident, like chronic nerve pain.

Death Benefits: Loved ones of deceased workers can receive up to the state average weekly wage for 25 years or up to $500,000, whichever is larger. Dependent minors can also receive benefits, with overall claims calculated according to the number of surviving minors.

What Is the Average Workers’ Compensation Payout for a Lifting Injury at Work?

The average workers’ compensation claim for a lifting injury is $255,357, with a range between $5,000 and $1,804,000. Your compensation will depend on factors like the severity of injury, permanency, lost earning capacity, and medical needs.

Example Cases

Mario Sepeda was working at a manufactured home factory when he was asked to lift a furnace without a dolly or a coworker to help him. He suffered an abdominal ventral hernia that required surgery. Though the company insisted that he was responsible for his choice to lift weighty objects without help, it eventually settled for $198,800.89 through arbitration.

Robert Scott suffered a lifting injury at work. The resulting back injury required a laminectomy and a surgical implant in his spine. The company attempted to insist that it was a preexisting condition, which was refuted by medical records. Eventually, they settled for $160,000.00.

What Are the Limited Circumstances Where Injured Workers Cannot Recover Benefits?

Workers’ compensation benefits are only for employees of the responsible company, meaning that non-employees like contractors or freelancers cannot secure benefits from this system.

Some agricultural workers are also barred from receiving workers’ compensation benefits. Farms with less than 400 working days per quarter of a calendar year are not required to pay for this insurance (820 ILCS 305/3).

If these circumstances apply to you, then you will need to work with a skilled personal injury attorney to make a third-party claim. Unlike workers’ comp, this legal process requires proving that the workplace injury occurred due to negligence and that the defendant was primarily responsible.

Illinois uses modified comparative negligence for personal injury suits (735 ILCS 5/2-1116). Comparative negligence means that you can sue as long as you were not more than 50% responsible, but your compensation will be reduced by your percentage of blame.

For example, if you were discouraged from lifting safely because it would take more equipment, and you still chose to do so despite the risks, you might be considered 30% responsible. You would therefore get 30% less than if you were entirely blameless.

In these cases, you can either sue the employer for negligence or seek compensation from another third party, such as a general contractor or equipment manufacturer. We will review your case and determine all liable parties on your behalf.

Why You Need a Lawyer

Insurers frequently deny claims, stating that the injuries were non-work-related or were due to a preexisting condition. They may also argue that you failed to follow proper lifting procedures, resulting in your injuries.

A top-rated workers’ compensation attorney from our firm will refute these claims using evidence like previous OSHA violations, accident reports, medical records, and witness statements. Through this, we can demonstrate that your injuries occurred during the course of your employment and were directly related to your job requirements.

We can also utilize case law like McAllister v. Illinois Workers’ Compensation Commission, which demonstrates that injured workers can receive compensation if their employment put them at a higher risk for these injuries than the general population.

Additionally, evaluating damages can be challenging, especially for musculoskeletal disorders or soft tissue injuries. Identifying the exact cause and assessing your future medical needs requires extensive experience in occupational injuries. With over 100 years of combined legal experience, our firm has handled thousands of cases like yours and are familiar with expected outcomes in these cases.

How Common Are Lifting Injuries at Work in Illinois?

The Illinois Department of Public Health found that in 2019, 3,740 private industry workers were injured due to overexertion while lifting or lowering heavy objects. That same year, the Bureau of Labor Statistics identified that 47,280 workers were treated for ergonomic injuries, such as musculoskeletal disorders.

According to the Bureau of Labor Statistics, construction workers are at the highest risk of lifting injuries, at a rate of 48.3 cases per 10,000 full-time workers.

Where Do Lifting Injuries Occur Most Often in Illinois?

While construction workers, delivery drivers, and warehouse workers are typically considered the primary victims of lifting injuries, these injuries can happen in any occupation that requires lifting large weights. Common locations for lifting injuries include:

• Construction sites in urban areas like Chicago
• Warehouses and distribution centers in Bolingbrook, Springfield, or West Chicago
• Manufacturing plants in Rockford, Decatur, and Urbana
• Healthcare facilities like Northwestern Memorial Hospital
• Nursing homes in Aurora, St. Charles, or Evanston
• Delivery and moving companies statewide
• Daycares and early childhood education centers in Naperville or Fox Lake

What Laws Govern Lifting Injury Workers’ Compensation Claims in Illinois?

The Illinois Workers’ Compensation Act requires employers with more than a certain number of employees to hold insurance for injured workers’ medical expenses and lost income (820 ILCS 305). This is a no-fault system, so you do not have to prove that anyone was negligent in order to receive your benefits.

All employers are obligated to follow the Occupational Safety and Health Act of 1970, specifically the general duty clause (Public Law 91-596 84). This requires companies to remedy job-related hazards that could result in injuries, such as performing manual labor without protective equipment.

How Long Do I Have to File a Lifting Injury Workers’ Compensation Claim in Illinois?

Workers have three years from the date of their lifting injury or two years after their last payment from the company, whichever is later (820 ILCS 305/6(d)). It is crucial to speak to a skilled attorney as soon as possible so that we can begin preparing your claim.

Who Is Legally Liable for Lifting Injuries in Illinois?

Employers are required to provide workers’ compensation benefits to their employees regardless of fault. This means that even if you were entirely responsible for the accident, you can still receive benefits for your medical expenses and lost income.

If you are not an employee of the liable company, then you must demonstrate negligence on the part of another party. This could be property owners under the Premises Liability Act (740 ILCS 130/2), equipment manufacturers under the Product Liability Act (735 ILCS 5/2-621), or negligent subcontractors under tort law.

How to Strengthen Your Lifting Injury Workers’ Compensation Claim in Illinois

Prompt action can give you the highest chance at fair compensation for your injuries. Follow these steps as soon as possible.

• Seek immediate medical treatment from the closest hospital. For example, if you were hurt at Union Station in Chicago, go to Northwestern Memorial Hospital for a full examination.
• Request copies of your medical records. Ensure that your records link the injury to your employment.
• Follow all treatment plans. This is called continuation of care and can support your claim by demonstrating the extent of your injuries.
• Report your injury to your supervisor, the site manager, or a safety officer. While workers’ comp allows you to report verbally, you should write down your narrative and request a copy of the official report.
• Document where the injury occurred through pictures and videos. Note any specific hazards that may have contributed to the event, such as a lack of protective equipment or broken hoists.
• Do not speak to insurers, company officials, or other third parties without an attorney present.
• Contact us immediately for a free consultation about your injuries.

How We Can Help

Our nationally-recognized attorneys will guide you through the claims process from start to finish. We begin by investigating your injuries and demonstrating how they are directly related to your job description. We will also gather workplace safety reports and consult with medical experts who can explain how your injuries align with typical lifting injury cases.

Once this is complete, we will help you file for workers’ compensation benefits and appeal any denials based on the evidence we have gathered. Some insurers will deny claims without cause, while others will refuse to investigate or will stall the procedures. Our attorneys will push for full explanations and meticulously refute any denials.

Settlement negotiations are a critical part of receiving what you are entitled to. We are familiar with the insurance industry’s many tactics to diminish their liability and will push for the highest possible offer based on your circumstances.

Many workers’ comp cases are settled out of court, but it is sometimes necessary to file a lawsuit against the insurance company to receive fair compensation. In these cases, we will file a complaint with the correct court, such as the Circuit Court of Cook County, and guide you through both arbitration and litigation.

Our firm works on a contingency fee basis, meaning our legal fees are deducted from your settlement. If we fail to secure compensation, you owe us nothing. This ensures that every worker has access to the best possible legal representation.

Book a Free Consultation to Understand Your Legal Options

Lifting injuries can cause life-changing and long-lasting disability, made more complicated by companies’ refusal to offer fair settlements. Don’t fight the insurance agencies alone; let our skilled and compassionate attorneys fight on your behalf. We have a 98% success rate and are recognized by the Illinois Trial Lawyers Association as the best workers’ comp law firm in the state. Contact us today for a free, no-obligation consultation about your legal rights.