Illinois Warehouse Workers’ Compensation Claims

Helping Warehouse Workers Across Illinois Recover Benefits for Job-Related Injuries and Illnesses

The warehouse workers’ compensation process can be challenging, which is why it is crucial to work with experienced personal injury attorneys familiar with this industry. Chicago Injury Center is a top-rated law firm assisting injured workers across Illinois in getting fair compensation for work-related injuries. Contact us today for a free consultation about your legal options after a warehouse accident.

Why Seek Legal Help from Chicago Injury Center

Our Super Lawyers-rated firm has a 98% success rate and has secured over $450 million for clients nationwide, making us the most experienced workers’ compensation attorneys available. We will assist you with every step of obtaining benefits, including investigating workplace safety compliance and reviewing OSHA reports.

Workers’ comp insurance companies and the Illinois Workers’ Compensation Commission (IWCC) will fight to avoid providing a fair settlement offer, but our skilled lawyers are familiar with their tactics. We will aggressively negotiate for the highest possible payout and provide top-notch legal representation before the IWCC.

Settlements & Verdicts Recovered by Our Workers’ Comp Attorneys in Chicago

$14,200,000: Four warehouse workers suffered catastrophic injuries when the roof of a Rockford distribution center collapsed. Our attorneys ensured that their settlement covered all future medical treatment.

$7,200,000: Will, an electrician, fell from a ladder while installing cable in a Pullman warehouse, fracturing both of his legs and resulting in spinal cord injuries. We demonstrated that the ladder was defective and incorrectly placed.

$750,000: Truck driver John suffered internal injuries in a forklift accident at a Schaumburg electronics warehouse. Our firm held the warehouse owner accountable through a workers’ compensation claim.

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

Overexertion Injuries

Repetitive stress injuries can be difficult to diagnose and connect to occupational hazards. These warehouse injuries can include carpal tunnel syndrome from scanning and packing, back injuries due to heavy lifting, and noise-induced hearing loss from occupational exposure.

Heavy Equipment Accidents

Many workers suffer head injuries, broken bones, and crush injuries from falling objects or being pinned by heavy machinery. This can include forklifts, pallet jacks, and conveyor belts.

Truck Accidents

In 2023, 626 workers were killed nationwide due to truck accidents in the warehousing industry. In addition to collisions, workers may be injured or killed in loading dock accidents, such as a truck backing into them.

Other Serious Injuries

Fall accidents are common injuries in every industry, but they are especially prevalent in hectic environments like a warehouse. Other common work injuries include cuts, burns, and lacerations from tools and other equipment.

What Benefits Are Available to Injured Warehouse Employees in Illinois?

Workers’ compensation is a no-fault system, meaning you can still receive benefits even if you were primarily liable for the accident. These benefits can include the following.

Medical Treatment

Workers’ compensation provides medical benefits for all injured workers. This includes vocational rehabilitation, physical therapy, inpatient medical treatment, and out-of-pocket expenses. Workers are entitled to choose two medical providers (820 ILCS 305/8).

Wage Replacement

Workers can recover lost wages up to the statutory limit, which is readjusted every six months. There are four types of wage replacement benefits depending on the severity and permanency of your injuries.

Temporary Partial Disability Benefits: If you can work in a limited capacity while recovering, you can receive benefits that make up part of the wage differential.

Temporary Total Disability Benefits: Those who cannot work at all while healing will receive part of their lost income.

Permanent Partial Disability Benefits: These permanent disability benefits are for workers who can work but cannot return to their previous position. In addition to lost wages and medical benefits, these workers can receive job placement assistance and occupational therapy.

Permanent Total Disability Benefits: If you cannot work at all due to warehouse injuries, workers’ comp benefits will provide maintenance benefits.

Death Benefits

Surviving loved ones of a deceased warehouse worker can receive up to $8,000 in funeral and burial expenses (820 ILCS 305/7). Additionally, they will receive benefits up to $500,000 or for 25 years, whichever is greater.

How to File an Illinois Workers’ Compensation Claim

Our workers’ comp lawyers will guide you through every step of the process. Follow these steps to ensure your claim is approved.

• Seek medical attention from the closest emergency room and ensure your medical provider records that the injury was work-related.
• Inform your employer about the injury within 45 days (820 ILCS 305/6(c)). Ask for a copy of the written report.
• Document the accident with incident reports, photos, and witness statements.
• File an Application for Adjustment of Claim with the Illinois Workers’ Compensation Commission (IWCC), even if your claim is approved.
• Keep records of medical treatment, lost wages, and out-of-pocket expenses.
• Contact a skilled workers’ comp attorney to ensure your lost income is calculated correctly.
• File a claim within the statute of limitations, which is three years (820 ILCS 305/6).

Can Workers’ Compensation Benefits Be Denied Over a Pre-Existing Condition?

Yes, your claim can be denied if it was pre-existing or not clearly work-related. While workers’ comp is a no-fault insurance system, you must prove that your injuries are directly connected to employment and not a neutral risk. This means that the employer’s insurance company can deny the claim if it is not clear that you were injured in the course of your employment.

These denials are especially common for repetitive strain injuries, as insurers can claim that your injuries were the result of activities outside of work. Soft tissue injuries will also not show up on X-rays and other diagnostic tests, making them more difficult to prove.

However, it is possible to dispute these denials. In the Illinois Supreme Court Case McAllister v. Illinois Workers’ Compensation Commission, the worker had prior knee injuries that were exacerbated by his job duties, which required bending and heavy lifting.

The Chicago Injury Center will appeal a denied claim with the Illinois Workers’ Compensation Commission, providing evidence that connects your injuries to your working conditions. For example, we can consult with occupational ergonomics experts and medical professionals to gain an unbiased opinion on whether your injuries match those expected of warehouse workers in similar situations. We will also review complaint records and OSHA violation records to identify unsafe working conditions.

Do Injured Workers Have Other Options for Compensation?

You are only covered by workers’ comp if you work directly for the employer, meaning contractors might not be covered. While you cannot sue your employer while also receiving workers’ comp, you can sue a third party through a personal injury suit.

These third parties can include manufacturers of defective products, general contractors and subcontractors, and property owners. The Illinois Joint Tortfeasor Contribution Act allows for the allocation of blame between multiple parties, making it possible to secure a settlement from more than one negligent individual or organization (740 ILCS 100/).

Unlike workers’ comp, these claims require proving negligence, such as unsafe premises under the Premises Liability Act (740 ILCS 130/2) or defective products under the Product Liability Act (735 ILCS 5/2-621). Additionally, you must file a claim within two years rather than three years like workers’ compensation (735 ILCS 5/13-202).

Our firm will thoroughly investigate the accident, determine the liable parties, and represent you in settlement negotiations with insurance companies to give you the best possible chance at maximum compensation. We can also coordinate both third-party and workers’ compensation claims for streamlined service.

Book a Free Consultation

Chicago Injury Center fights for warehouse workers’ rights statewide, from distribution centers in East St. Louis to electronics warehouses in Bolingbrook. We work on a contingency fee basis, meaning you owe us nothing unless we win your case. Contact us today to learn whether you have a workers’ comp claim and begin the process of recovery.