Hoffman Estates is home to a mix of warehouses, distribution centers, office parks, and retail businesses along the I-90 corridor. That means we see a wide variety of work injuries from this area — everything from warehouse workers who throw out their backs lifting heavy boxes, to office workers who develop carpal tunnel syndrome, to retail employees who slip on wet floors.
No matter what kind of work you do in Hoffman Estates, if you get hurt on the job, you're covered by the Illinois Workers' Compensation Act (820 ILCS 305). You don't have to prove that your employer did anything wrong. You don't have to prove that it wasn't your fault. If the injury happened while you were doing your job, you're entitled to benefits. That's the law.
Here's what those benefits include. First, all of your reasonable and necessary medical treatment related to the work injury must be paid for by the employer's insurance company. That includes ER visits, doctor appointments, physical therapy, MRIs, surgeries — everything. Second, if you're unable to work because of the injury, you're entitled to Temporary Total Disability (TTD) benefits, which is two-thirds of your average weekly wage, tax-free. Third, when you reach Maximum Medical Improvement (MMI), you may be entitled to a permanent partial disability (PPD) settlement based on the nature and extent of your permanent condition.
One of the biggest problems I see with Hoffman Estates workers' comp cases is employers who try to steer you to their preferred doctor. In Illinois, you have the right to choose your own treating physician. The employer can ask you to see their doctor for an Independent Medical Examination (IME), and you generally have to go, but the IME doctor is not your treating doctor. Your treating doctor is the one making decisions about your care.
If you've been hurt on the job in Hoffman Estates, don't wait to get help. The insurance company has a team of people working to minimize your benefits. You need someone on your side. Call us at 312-500-4500 for a free consultation.
When you hire us to represent you in your Workers' Comp case in Hoffman Estates, IL or close-by locations, we will guarantee that you get all the benefits allowable under the law. Our primary concern is helping you and making sure you recover from your injuries and getting you all of the benefits allowed under the law.
We provide top notch legal representation to clients seeking compensation for on-the-job injuries in Hoffman Estates, IL through the Illinois Workers' Compensation Commission (previously known as the Illinois Industrial Commission). We also assist individuals in auto accident, fall downs, dog bites, nursing home abuse, or no matter how they've been injured.
We represent individuals who work in every sort of job. We assist people in education, retail workers, building and construction workers, truck drivers, taxi and Uber drivers, and factory workers. If they got hurt at work, we help anybody employed in Illinois. Legal fees are ONLY paid when we win your case. There is no out of pocket payment to the lawyer. The charge is usually set by law at 20% of what we win for you. You need to have a Hoffman Estates, IL Workers Comp Attorney on your side to assist you in receiving the best benefits available to you, as quickly as possible.
Only because an employer supplies Workers' Compensation Insurance, it does not imply that you immediately get benefits. That's why I tell people who got hurt at work to talk to an experienced Workers Comp lawyer after any work injury.
If an employer tries to reject a Workers' Compensation claim then the injured worker must talk to a lawyer right away. If there is no valid defense, then a lawyer can get your benefits and bills paid quickly.
Often, an employee will be "On the Clock" and gets harmed by someone else. Examples include a delivery driver whose truck is hit by another driver, or a worker who is injured by someone who is not employed by the very same company. In these situations, you would have a second case. It is called a "Third Party Case" and you still get Workers Comp benefits. You can, just the same, make a claim against the individual and/or company who injured you. This can get complicated, so having a Hoffman Estates, IL Workers Comp Attorney help you is a smart idea.
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First and foremost, you need to understand that if you got hurt on the job in Hoffman Estates, IL, you are probably covered under Workers Comp. To comprehend your workers' compensation rights, you should know that state laws manage your claim. In Illinois, employers are required to cover their employees with workers' compensation insurance. According to the Illinois Workers' Compensation Commission ( IWCC), roughly 91% of Illinois employees are covered under the state's Workers' Compensation Act.
Hurt workers in Hoffman Estates, IL are often covered in Illinois. But, it is important to note that there are some situations where an employee is not eligible for workers' comp benefits, consisting of:
It is rather uncommon for an employee to not be eligible for Workers Comp benefits. These include the "45 Day Rule" which requires an injured worker to report their injuries within 45 days after the injury.
You have 45 days to report the mishap. You need to tell your employer via a manager or member of the management team about the accident and or injury. Preferably, you do this right when it happens. Often an employee does not wish to make a big deal about it, or they feel ashamed. But you MUST inform your employer. If you do not, you could lose your case.
When you work with a Hoffman Estates, IL Workers Comp Attorney, she or he will explain what you need to do. Your lawyer will secure all the deadlines and requirements so you can focus on getting much better and recovery.
Hoffman Estates has a significant corporate and commercial employer base, including healthcare, retail, and technology companies. The Sears Centre and surrounding commercial area employs many service and event workers. Injuries I commonly see from the area include back and lifting injuries in warehousing and healthcare, slip and falls in commercial facilities, and repetitive stress injuries from office and technology work. Illinois workers comp covers all of these regardless of employer size or industry.
Yes - Illinois workers comp gives injured workers the right to choose their own treating physician. Your employer's insurance company can require an initial evaluation at a company-designated facility in some circumstances, but you have the right to select your own ongoing treating physician. Choosing the right doctor matters significantly - some physicians minimize work injuries under insurance company pressure. I advise clients on physician selection from the very beginning of the case.
Pre-existing condition defenses are extremely common and usually overstated. Illinois workers comp covers aggravations of pre-existing conditions - you don't need a new injury, just a work-related worsening of an existing condition. The question is whether your work caused or significantly contributed to your current condition. I challenge pre-existing condition defenses with medical evidence comparing your condition before and after the work injury. Call me at 312-500-4500.
Nothing unless we win. Illinois law caps workers comp attorney fees at 20% of your recovery - the statutory cap for the whole state. No hourly charges, no retainer, no upfront costs. My fee comes out of the settlement at the end. Free consultation anytime - call 312-500-4500.
Illinois law requires you to notify your employer of a work injury within 45 days of the date of the accident. Missing this deadline is one of the most common ways injured workers lose their claims before they even get started. Notice should be in writing whenever possible, signed, and dated. Verbal notice can be enough but it is much harder to prove later. There is a separate three-year deadline to file the case at the IWCC, but the 45-day notice is the early trap. Report the injury the day it happens if you can.
Illinois workers' comp pays temporary total disability (TTD) at two-thirds of your average weekly wage while you are unable to work, and TTD is tax-free. Average weekly wage is calculated from your earnings in the 52 weeks before the injury, including mandatory overtime and bonuses in most cases. The tax-free status is significant - two-thirds tax-free often approaches or equals your full take-home pay. TTD continues until you can return to work or reach maximum medical improvement. If the insurance company calculates your AWW too low, I fix it.
Three years from the date of the injury to file a workers' compensation claim with the Illinois Workers' Compensation Commission. But you have to notify your employer within 45 days - that is a much shorter and stricter deadline. Failing to give 45-day notice can end your claim before it starts. If you were hurt at work in Hoffman Estates, report it to your supervisor in writing the same day if possible. Call me at 312-500-4500 to make sure you do not miss any deadlines.
It is illegal under Illinois law for an employer to terminate you in retaliation for filing a workers' compensation claim. That said, retaliation does happen - employers manufacture other reasons for the termination, or they claim the job was being eliminated anyway. If the timing is suspicious (you filed Monday and got fired Friday), you may have a retaliatory discharge claim against the employer separate from the workers' comp case itself. Retaliatory discharge claims allow recovery for lost wages, emotional distress, and sometimes punitive damages. Call me at 312-500-4500 if you believe you were fired for filing.
A simple injury at work can start out feeling like a small injury that you will quickly recuperate from. How you heal in the weeks and months after the injury exposes how bad your injuries truly are.
If you make a claim, you might be worried about whether or not you will run into trouble at work. Or you may even question whether your injury is one that will be covered under Workers Comp.
Here are the most typical workplace injuries:
These are the most typical. But there's a lot of methods of getting hurt at work in Hoffman Estates, IL.
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If you or a loved one is dealing with a situation like this, give us a call any time, day or night. We are here to help. 312-500-4500
Scott DeSalvo founded DeSalvo Law to help injured people throughout Chicago and surrounding suburbs. Licensed to practice law in Illinois since 1998, IARDC #6244452, Scott has represented over 3,000 clients in personal injury, workers compensation, and accident cases.
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