When a work injury leaves someone paralyzed, the legal stakes are different from any other case. The worker is going to need medical care, equipment, attendant help, and a modified home for the rest of their life. The math is brutal. So is the insurance company's response.
I am Scott DeSalvo. I have spent almost 30 years representing injured Illinois workers. If you or someone you love has suffered a paralyzing work injury, call me at 312-500-4500. The consultation is free, the conversation is confidential, and I will tell you straight what your options are.
Every component of a catastrophic injury case is tied to a documented future need. The defense fights everything you cannot document, so the work happens in advance of trial.
The foundation is the life care plan. A qualified life care planner - usually a registered nurse or rehabilitation specialist - evaluates the worker's condition and maps out every service, piece of equipment, and form of care they will need for life. For a paraplegic, that includes attendant care, a wheelchair-accessible home, a modified vehicle, regular medical appointments, medications, physical and occupational therapy, psychological counseling, and replacement equipment as it wears out over the decades.
A vocational expert establishes what the worker was earning and what they would have earned over the rest of their career with normal raises and promotions. An economist converts that future income stream into a present-day figure using accepted discount rates.
Home modifications are recoverable - widening doorways, ramps, an accessible bathroom, a modified kitchen, a lift system. These are not luxuries. They are the minimum requirements for a paraplegic to live in their own home.
This is the part most injured families do not understand, and it is the reason catastrophic cases need a lawyer who handles both sides.
Workers comp is a no-fault claim against the employer. It pays medical bills, two-thirds of average weekly wage in temporary total disability under 820 ILCS 305/8(b), and - in cases of permanent total disability - two-thirds of average weekly wage for life under 820 ILCS 305/8(f), plus lifelong medical care. What workers comp does not pay: pain and suffering, loss of normal life, or the full value of lost earning capacity.
The third-party case is a separate civil lawsuit against someone other than the employer who caused the injury - a general contractor on a construction site, an equipment manufacturer whose product failed, a property owner who created an unsafe condition, or a driver from a different company. The third-party case has no caps under Illinois law and covers everything workers comp leaves on the table.
The workers comp insurer has a lien against any third-party recovery under 820 ILCS 305/5(b). That lien is negotiable, and a good lawyer can usually reduce it. Handle the workers comp and third-party cases together - the strategic decisions on one affect the other.
Report the accident to the employer immediately. Illinois requires notice within 45 days under 820 ILCS 305/6(c) but earlier is always better. Get to a trauma center or spinal cord injury program. If you cannot do these things yourself, have a family member do them for you.
Do not give a recorded statement to any insurance adjuster without a lawyer. Do not sign anything. Do not post on social media. The insurance company is already building its file. The longer you wait to get representation, the more advantage they have.
Call me at 312-500-4500. I work on contingency - no upfront cost, no fee unless we win. The workers comp portion is capped at 20% under 820 ILCS 305/16a. The third-party portion is on standard personal injury contingency. I advance every case cost.
Yes - and this is critical. Workers comp is a no-fault system that provides medical benefits, disability payments, and settlement. But if a third party - a general contractor, equipment manufacturer, property owner, or coworker from a different company - was responsible, you can bring a separate civil lawsuit for full damages including pain and suffering, which workers comp does not cover. Paralysis cases often involve construction sites or industrial facilities where multiple parties bear responsibility.
A worker who is permanently and totally disabled is entitled to two-thirds of their average weekly wage for life, or until they are no longer permanently and totally disabled, under 820 ILCS 305/8(f). Additionally, all medical treatment related to the work injury must be paid by the insurance company indefinitely. Getting this benefit properly established and protected is a long-term legal matter that requires experienced representation from the start.
Catastrophic injury cases involve far greater complexity. Life care plans projecting future medical costs, vocational experts documenting lost earning capacity, and medical experts testifying to permanency are all typically required. Insurance companies fight these cases much harder because the stakes are larger and the impact lasts a lifetime. The difference between skilled and average representation matters more in these cases than in any other type of injury case. I have the training to handle these cases - including credentials from Gerry Spence's Trial Lawyers College.
Report the accident to your employer immediately under the 45-day notice rule of 820 ILCS 305/6(c) and seek emergency medical care. Request that the insurance company authorize treatment at a major trauma center or spinal cord injury program. Call an attorney as soon as you are medically stable - or have a family member call on your behalf. The insurance company will begin building their case immediately. You should too. Call 312-500-4500 any time, day or night.
A third-party case is a civil lawsuit against someone other than the employer who contributed to the injury - a general contractor on a construction site, an equipment manufacturer whose product failed, a property owner who created an unsafe condition, or a driver in a different company who hit the worker. Workers comp does not cover pain and suffering and has statutory caps on certain benefits. The third-party case has no caps and covers the full human impact of the injury. The two cases run in parallel, and the combined recovery is what makes lifetime care possible. The workers comp lien against any third-party recovery is negotiable under 820 ILCS 305/5(b).
A life care plan is a detailed document prepared by a qualified life care planner - typically a registered nurse or rehabilitation specialist - that maps out every service, piece of equipment, and form of care the injured worker will need for the rest of their life. For a paraplegic, that includes attendant care, a wheelchair-accessible home, a modified vehicle, regular medical appointments with specialists, medications, physical therapy, occupational therapy, psychological counseling, and replacement equipment over the decades. The life care plan is the foundation of the damages in a catastrophic injury case - without it, future needs are invisible to the defense and to the court.
No. Illinois does not cap non-economic damages in personal injury cases. The Illinois Supreme Court struck down statutory caps on medical malpractice damages in Lebron v. Gottlieb Memorial Hospital (2010), and personal injury claims have never been capped. This means the full human impact of the injury - pain and suffering, loss of normal life, disability, disfigurement, and full economic damages - can be pursued without artificial limits. Workers comp benefits, however, are calculated by statute under the Illinois Workers' Compensation Act.
Nothing upfront. I handle catastrophic work injury cases on contingency. The workers compensation portion of the case is capped by statute at 20% of recovery under 820 ILCS 305/16a. The third-party personal injury portion is on standard personal injury contingency. I advance all case costs - expert witnesses, life care planners, vocational experts, economists, medical records - and only get paid when you recover. If we do not win, you owe nothing. There is no financial risk on your end to having the case evaluated. Call me.
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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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