Glendale Heights Workers Compensation Attorney Asks:

Glendale Heights Workers Compensation Lawyer

Getting hurt at work puts you in a strange spot. The same company you rely on for a paycheck is now, through its insurance carrier, the party deciding how much your injury is worth — and that carrier's whole business is paying out as little as possible. You didn't do anything wrong. You got hurt doing your job. But from the moment you report it, someone is quietly building a case to minimize your claim.

I'm Scott DeSalvo, and I've represented injured workers across DuPage County for almost 30 years. This one's personal for me — my father was a Teamster truck driver who got catastrophically hurt on the job when I was a kid, and watched his own case drag on for years. I do this work so that doesn't happen to you. Here's what you need to know about your rights in Illinois, and it won't cost you anything to learn them.

The Claim Most Injured Workers Never Know They Have

Here's the thing almost nobody tells you: a workplace injury can be TWO cases, not one.

Workers' compensation is a no-fault system — you get benefits whether or not the injury was anyone's fault, but in exchange, comp does NOT pay you for pain and suffering. It only covers medical care, part of your lost wages, and a disability payment. That's it.

But if someone other than your employer caused your injury — a defective machine off the assembly line, a subcontractor on the site, a driver who hit you while you were making a delivery on North Avenue — you may also have a separate "third-party" injury claim against them. And that claim CAN include full pain and suffering. Miss it, and you leave a huge part of your recovery on the table. Spotting these overlaps is one of the first things I look for.

Your Illinois Benefits, in Plain English

The Illinois Workers' Compensation Act entitles you to specific things after a workplace injury, and you should know them by name so no one can shortchange you:

Medical treatment — and your choice of doctor

Illinois lets you choose your own treating doctor (you get two "chains" of referral). You are NOT stuck with the company clinic. This matters, because a doctor the insurer picked has an incentive to release you back to work before you're ready.

Wage replacement while you heal

If your injury keeps you off work, you're owed temporary total disability — two-thirds of your average weekly wage, and it's tax-free. If the insurer drags its feet on those checks, that's a fight worth having.

Compensation for permanent effects

If your injury leaves lasting damage, you're owed a permanent disability payment based on the body part and severity. This is the number insurers most love to lowball.

What Your Employer's Insurer Is Really Doing

Look — the friendly HR conversation and the "we're a family here" talk can be real and still not protect your claim, because the decisions aren't being made by HR. They're being made by an insurance adjuster you'll never meet.

That adjuster's playbook on comp cases is specific: send you to a doctor who releases you early, schedule an "independent medical exam" with a physician who works mostly for insurers, cut off your wage checks the moment there's any excuse, and argue your injury was pre-existing or happened somewhere other than work. What most lawyers won't tell you is that a lot of these tactics work simply because the injured worker didn't know they could push back. You can. That's the whole point of having me.

What Your Employer's Insurer Is Really Doing

Look — the friendly HR conversation and the "we're a family here" talk can be real and still not protect your claim, because the decisions aren't being made by HR. They're being made by an insurance adjuster you'll never meet.

That adjuster's playbook on comp cases is specific: send you to a doctor who releases you early, schedule an "independent medical exam" with a physician who works mostly for insurers, cut off your wage checks the moment there's any excuse, and argue your injury was pre-existing or happened somewhere other than work. What most lawyers won't tell you is that a lot of these tactics work simply because the injured worker didn't know they could push back. You can. That's the whole point of having me.

The 20% Cap Nobody Explains

Here's a piece of good news the insurance company won't volunteer: in Illinois, a workers' comp attorney's fee is capped by statute at 20% of what's recovered for you. Not negotiable, not inflated — 20%, set by law. So the idea that "hiring a lawyer will eat up my settlement" doesn't hold. Study after study shows represented workers tend to net more even after the fee, because they stop getting quietly shortchanged.

Why does that matter? Because fear of the fee is exactly what keeps injured people from getting help — and the insurer is happy to let you believe it.

Two Deadlines That Can Kill Your Claim

Illinois gives you three years from the date of injury to file a workers' comp claim — longer than a regular injury case. But there's a trap in front of it: you generally must notify your employer of the injury within 45 days. Blow the 45-day notice and you can lose the whole claim before the three years even matters. Report it in writing, keep a copy, and call me.

Bottom Line: comp is your right, not a favor — and the sooner you protect the notice deadline, the safer your claim.

Can They Fire You for Filing? No.

A lot of workers stay quiet because they're scared of losing the job. Illinois law flatly prohibits firing or retaliating against you for filing a legitimate workers' comp claim. If it happens, you have a separate retaliatory-discharge case on top of your injury claim. I handle those.

Let's Talk — Free, and No Strings

Call me and tell me what happened at work. I'll explain exactly what you're owed, whether there's a third-party claim hiding in your case, and what to do next. It's free, there's zero pressure, and you pay nothing out of pocket — my fee only comes if I recover for you, and it's capped at 20% by Illinois law.

I answer the phone 24/7/365. Call 312-500-4500.

Frequently Asked Questions

Can I sue my employer for a work injury in Illinois?

Usually not directly — workers' comp is generally your exclusive remedy against your employer, which is the trade-off for it being no-fault. But you CAN bring a separate lawsuit against a third party who caused your injury, like an equipment manufacturer or a negligent driver, and that case can include pain and suffering that comp doesn't cover. Figuring out whether you have that second claim is one of the first things I do.

Do I have to use the doctor my employer sent me to?

No. Illinois law gives you the right to choose your own treating physician. The company clinic or the insurer's "independent" examiner works for them, not you, and often has an incentive to say you're fine before you are. You're entitled to real treatment from a doctor you trust, and I make sure that right is respected.

How much does a workers comp lawyer cost in Illinois?

Less than you fear. The fee is set by state law at 20% of your recovery — that's the maximum, and it's the same everywhere. You pay nothing up front and nothing unless I recover benefits for you. Given how routinely insurers underpay unrepresented workers, most people come out ahead even after the fee.

The insurance company stopped my wage checks. What do I do?

Call me right away. Cutting off temporary total disability benefits is one of the most common pressure tactics, and it's often improper. When those checks stop, the insurer is usually betting you'll get desperate and accept a lowball settlement to make the bleeding stop. There are ways to challenge an improper cutoff and get your benefits reinstated.

What if my injury built up over time instead of one accident?

Illinois recognizes repetitive-trauma injuries — things like carpal tunnel, back conditions, and joint damage that develop from doing the same task over months or years. You don't need a single dramatic accident to have a valid claim. These cases turn on solid medical documentation connecting the condition to your work, and they're absolutely worth pursuing.

Can I be fired for filing a workers comp claim?

No. Firing or punishing you for filing a legitimate claim is illegal retaliatory discharge under Illinois law, and it gives you a separate case against the employer. Retaliation can be hard to prove because employers rarely admit the real reason, but I handle these regularly and know how to build them.

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