Bensenville Workers Compensation Lawyer Asks:

Bensenville Workers Compensation Lawyer

There's a moment in a lot of work-injury claims where the insurer's doctor says you can go back on "light duty" — and if you're not careful, that phrase becomes a trap. The employer suddenly has a made-up job for you to sit in, your wage benefits get cut because you're "able to work," and any complaint that you still can't really do the job gets treated as refusing work. In a warehouse-and-dock town like Bensenville, this move is common, and it catches injured workers off guard.

I'm Scott DeSalvo, and for almost 30 years injured workers across DuPage County have been my clients. Here's how to protect an Illinois workers' compensation claim from the tactics designed to shrink it — and it's free to learn what you're owed.

The "Light Duty" Squeeze

Light-duty offers can be legitimate, but they're also used to pressure hurt workers back before they're ready and to justify cutting off wage benefits. The key is that the restrictions your own treating doctor sets — not the insurer's examiner — should define what you can and can't do. If a "light-duty" assignment ignores those restrictions or is really designed to make you quit, that's a fight worth having, not a reason to give up.

Knowing that going in changes how you handle the whole process, from which doctor you rely on to how carefully your limitations get documented.

The Benefits Illinois Owes You

Workers' compensation is no-fault — you're covered whether or not anyone was to blame, but in exchange it doesn't pay for pain and suffering. What it does provide is worth protecting:

Medical care, with your choice of doctor

Illinois lets you choose your own treating physician. You don't have to accept the company clinic, whose incentive is to clear you quickly.

Wage replacement while you heal

If your injury keeps you off work, you're owed temporary total disability, paid at two-thirds of your average weekly wage and free of tax.

Payment for lasting harm

If the injury leaves permanent effects, you're owed a separate award based on the body part and the severity.

The Second Claim Some Injuries Carry

Most workers never hear this: a job injury can sometimes be two cases. Workers' comp is your remedy against your employer, and it doesn't cover pain and suffering. But if someone other than your employer caused the harm — a defective machine, an outside contractor, a driver who hit you while you were working — you may also have a separate claim against them that can include full pain and suffering. That second claim can be worth as much as the first, so I look for it right away.

Two Fears That Keep People Quiet

Two worries stop injured workers from getting help, and neither holds up. The cost is capped: an Illinois workers' comp attorney's fee is limited by law to 20% of the recovery, with nothing up front, and represented workers routinely net more even after the fee. And you can't be punished for filing — firing or retaliating against you for a legitimate claim is illegal in Illinois and creates a separate case.

Bottom line: comp is a right you earned, and protecting it starts the day you're hurt — with a prompt report and that 45-day notice to your employer.

Let's Talk — Free, No Strings

Call me and tell me what happened at work. I'll explain what you're owed, help you push back on an unfair light-duty or benefit cutoff, flag any second claim in your case, and tell you what to do next. It's free, and you pay nothing unless I recover for you — capped at 20% by Illinois law.

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

Injured Beyond Work? I Handle Every Kind of Case in Bensenville

A job injury is sometimes only part of the story. To see the full range of what I do for injured people, visit my Bensenville Personal Injury Attorney page.

Frequently Asked Questions

The insurer's doctor put me on light duty but I still can't do the work. What do I do?

Rely on your own treating physician's restrictions and get them documented clearly. A light-duty offer that ignores those restrictions, or that's really designed to push you out, can be challenged — and improperly cutting your benefits because of a questionable light-duty release is a common tactic. Call me before you accept or refuse anything, so we protect your claim.

Do I have to see the company's doctor?

No. Illinois law lets you choose your own treating physician. The company clinic and the insurer's examiner answer to them, not you, and often have reason to clear you before you're ready. You're entitled to care from a doctor you trust.

How much does a workers comp lawyer cost in Illinois?

The fee is capped by state law at 20% of your recovery, the same everywhere, with nothing up front and nothing unless I recover for you. Because insurers so often underpay workers without a lawyer, most people come out ahead even after the fee.

Can my employer fire me for filing?

No. Retaliating against you for a legitimate workers' comp claim is illegal in Illinois and gives you a separate case against your employer. It can be hard to prove, since employers rarely admit the real reason, but these cases can absolutely be won.

What if my injury built up over time?

Illinois covers repetitive-trauma injuries — the carpal tunnel, back, and joint conditions that develop from repeated work over months or years. You don't need one dramatic accident; you need solid medical evidence tying the condition to your job, and these claims are well worth bringing.

<<Go To Main Page>>