Not every workers comp claim needs a lawyer. If you cut your finger at work, went to the company nurse, and were back on the job the next day, you probably do not need me. But there are specific situations where not having a lawyer will cost you money, and I want you to recognize them.
Your employer is denying the injury happened at work. This is the biggest red flag. If your employer files a dispute or the insurance company denies your claim, you are now in a fight that requires legal representation. The insurance company has lawyers. You should too. Denied claims do not resolve themselves. They go to arbitration, and arbitration is a legal proceeding where the rules of evidence apply and the stakes are your medical care and your income.
The insurance company sent you to their doctor. When the insurer schedules an IME, they are building a case to reduce or terminate your benefits. The IME doctor works for them. The report will almost certainly be unfavorable. You need a lawyer who understands how to counter an IME report with your treating physician's testimony and medical records.
You are being pressured to use your private health insurance instead of workers comp. This one is more common than you would think. The employer or their HR department tells you to just file it through your health insurance. Do not do this. Workers comp covers your medical bills at one hundred percent with no copays, no deductibles, and no out-of-pocket costs. Your private health insurance does not. If the injury is work-related, workers comp pays. Period. An employer pushing you toward private insurance is trying to avoid a workers comp claim on their record, and that is not your problem.
Your benefits got cut off. You were receiving temporary total disability checks and they suddenly stopped. Maybe the insurance company says the IME doctor cleared you to return to work. Maybe they say you missed an appointment. Whatever the reason, when your TTD benefits get terminated and you are still unable to work, you need a lawyer to file an emergency petition to restore those benefits. The Illinois Workers Compensation Commission can order the insurer to resume payments, but someone has to file the petition.
You were offered a settlement and you are not sure if it is fair. Settlement offers in workers comp cases are based on a formula that considers the nature of your injury, the body part affected, your average weekly wage, and the permanent impairment rating. Insurance companies routinely lowball these offers, sometimes by fifty percent or more. Without a lawyer who knows how to value permanent partial disability and negotiate from a position of knowledge, you will almost certainly leave money on the table.
You have a pre-existing condition and the insurer is blaming it. This is the classic move. You hurt your back at work, and the insurance company digs through your medical history and finds a prior back complaint. They deny the claim or argue reduced benefits. Under Illinois law, if work aggravated your pre-existing condition, the full aggravation is compensable. A lawyer who understands this can fight the denial effectively.
If any of these situations apply to you, stop waiting and call me at 312-500-4500. The longer you wait, the harder it gets.
Honestly, not every workplace injury requires an attorney. If your injury is minor, your claim is straightforward, and your employer's insurance company is treating you fairly, you might be able to handle things on your own.
However, even if your situation seems simple, it's smart to at least schedule a free consultation with a workers compensation attorney. Why? Because you don't know what you don't know.
During a consultation, an experienced lawyer can review your case and the settlement offer you received. They'll tell you straight up whether you're getting a fair deal or if there are benefits you're entitled to that haven't been paid. If they spot problems, you'll know it's time to get professional help. They will also explain what does a workers comp laywer do.
This might seem like an obvious question, but it's more complicated than it sounds. Proving a workplace injury isn't just about showing that you got hurt. You need to demonstrate that your injury is actually work-related.
Some injuries happen because of pre-existing conditions, personal illness, or even your own actions outside of work duties. Your employer or their insurance company will look for any reason to deny your claim or reduce your settlement.
A workers comp lawyer knows how to establish that your injury occurred within the scope of your employment. They'll investigate whether you were where you were supposed to be, doing what you were supposed to be doing, when the injury occurred.
Let's break down the specific ways an attorney helps with your workers compensation claim.
Some work injury claims are complex, especially when it comes to determining fault or eligibility. A skilled attorney will examine the details of your case and give you an honest assessment.
A good injury law firm won't waste your time or theirs. They'll tell you upfront if you have a strong case and what your realistic chances are of receiving fair compensation. If you were clearly at fault or your injuries don't qualify, they'll let you know that too.
Having a case and proving your case are two different things. Most unsuccessful workers' comp claims fail because of insufficient medical evidence or incomplete documentation.
Getting the evidence you need isn't always easy. Medical records can take months to obtain. You need detailed reports from your doctors that clearly show the extent of your injuries and how they impact your daily life and ability to work.
A workers compensation attorney knows how to gather this evidence efficiently. They can:
Your medical evidence needs to paint a complete picture. For example, some injuries lead to permanent disabilities like blindness, inability to walk, or chronic pain that prevents you from returning to your previous job.
Filing a workers compensation claim involves mountains of paperwork, strict deadlines, and zero room for error. If you miss a deadline or fill out forms incorrectly, you could jeopardize your entire claim.
This is where having an attorney really brings peace of mind. They handle all the technical aspects, ensuring every document is completed accurately and filed on time. Keep in mind that Illinois has specific requirements and deadlines that differ from other states.
In some cases, your employer or the insurance company might quickly offer a settlement after you file. Don't automatically accept it. An experienced attorney will review any offer and advise whether it's fair or whether you should keep pursuing your claim—or even file a civil lawsuit if necessary.
Most workplace injury victims have no idea what their claim is actually worth. Many accept whatever amount the insurance company offers, not realizing they're entitled to much more.
Insurance companies count on this. They know most people don't understand how to calculate the true value of their claim.
Your attorney considers multiple factors when determining what your case is worth:
Workers' comp attorneys also understand the tactics insurance companies use to lowball settlement offers. They know how to negotiate effectively to get you the compensation you deserve.
Proper structuring of your settlement is especially important if you're receiving Social Security disability benefits. A poorly structured agreement can result in unexpected monthly costs due to workers' compensation offset rules.
About 95 to 96 percent of injury claims settle before going to trial. But if your case is one of the 4 to 5 percent that goes to court, you absolutely need an attorney by your side.
Court proceedings are complex, with rules and procedures that most people don't understand. Without a lawyer, you're essentially hoping the judge will rule in your favor based on your own presentation of the case. That's a risky gamble.
Your attorney will prepare all necessary motions and pleadings, gather witnesses, and build a strong case with all relevant medical records. In court, they'll present your case theory, make arguments, examine witnesses, and raise objections when needed.
If the verdict isn't in your favor, your lawyer can also help you appeal the decision.
Think about it this way: the insurance company has doctors, lawyers, and adjusters all working to protect their bottom line. Their job isn't to give you more money—it's to pay out as little as possible.
Without representation, you're going up against trained professionals who do this every day. You could end up with far less than you deserve, or nothing at all.
So what does a workers comp lawyer do? Chicago workers comp lawyers level the playing field. They know the system, they know the tactics, and they know how to fight for the maximum compensation you're entitled to.
Experienced workers compensation attorneys know how to navigate the system efficiently. When people try to handle claims themselves, they often experience long delays in receiving benefits.
Here's an uncomfortable truth: claimants without attorneys are frequently pushed to the back of the line, while those with legal representation get priority. Why? Because insurance companies know that attorneys will take them to court over delayed benefits, which costs them even more money.
Having a lawyer signals that you're serious and that delays won't be tolerated. This alone can speed up your compensation significantly.
Check out the free guide right now or call us right now.
There are two crucial deadlines in Illinois workers' comp cases. Miss either one, and your case could be over.
First, you must report your accident or injury to your employer within 45 days of the date of injury. Some people try to hide workplace injuries, but this is a mistake. Report it right away.
Second, you have three years from the date of injury to file an application with the Illinois Workers' Compensation Commission. Blow this deadline and you have no case, no matter how severe your injuries.
Your choice of doctor can make or break your workers' comp case. If you're injured, see a doctor immediately—but make sure that doctor is truly looking out for your best interests.
Many people go to the company doctor their employer recommends. Sometimes this works out fine, but often the company doctor sides with the employer. They may be skeptical of your complaints or downplay your injuries because that's what the company wants.
Since your doctor controls when you can return to work and what medical treatment gets approved, having a fair and reasonable physician on your side is crucial. If your doctor seems rude, dismissive, or overly aggressive about getting you back to work, find another one.
Here's something most people don't realize: in Illinois workers' comp, the more permanent your injury and the higher your hourly wage, the more your case is worth.
For example, someone earning $20 per hour receives almost twice as much for the same injury as someone earning $10 per hour. Is that fair? Not really, but that's how the Illinois Workers' Compensation Act calculates case values.
Find Out What YOUR Case Might Be Worth...for free.
Workers compensation lawyers regularly help people who suffer these types of job injuries:
If you're suffering from a work injury, can't work because of your condition, or your employer is treating you unfairly after an injury, you should consult with an experienced attorney. If a family member was killed on the job, you should also speak with a lawyer to understand your legal options.
Most workers comp lawyers work on a contingency fee basis. This means you pay nothing upfront, and the attorney only gets paid if they win your case.
If you win, your lawyer takes a percentage of your compensation. These rates vary depending on the attorney and the complexity of your case, so make sure you understand the fee structure before you hire anyone.
You can technically handle it yourself, but the insurance company has adjusters, nurses, and lawyers working to minimize your benefits. An experienced workers' comp lawyer levels the playing field, makes sure your medical treatment is approved, and fights for the maximum settlement. Plus, you pay nothing unless we recover money for you.
As soon as possible. The earlier an attorney gets involved, the better we can protect your rights — making sure your injury is properly reported, your medical treatment isn't being controlled by the employer, and the insurance company isn't building a case to deny your claim.
We handle all communication with the insurance company, make sure your medical bills are being paid, fight to keep your TTD benefits coming, challenge unfair IME reports, negotiate your final settlement, and take your case to hearing before the Illinois Workers' Compensation Commission if the insurance company won't pay fair value.
Yes, absolutely. In Illinois, you have the right to change attorneys at any time during your workers' comp case. The total attorney fee stays the same — it's just split between the old and new lawyer. If your current lawyer isn't returning your calls or fighting for you, it costs you nothing extra to switch.
Illinois law prohibits employers from retaliating against you for filing a workers' comp claim or hiring a lawyer. If your employer fires you, demotes you, or reduces your hours because you exercised your legal rights, that's a separate violation that can result in additional penalties.
Being injured at work is traumatic and stressful, especially when you're dealing with medical treatments, financial worries, and uncertainty about your future. Don't let anyone deny you the compensation you're legally entitled to receive.
If you're wondering what does a workers comp lawyer do, the answer is simple: they protect your rights, handle the legal complexities, and fight to get you every dollar you deserve.
At the Law Office of Scott D. DeSalvo, we offer free consultations to evaluate your case and answer your questions. We'll give you an honest assessment of your situation and let you know whether you're receiving fair treatment.
Call us at 312-500-4500 for a free consultation—available 24/7, in person or by phone. There's no obligation and no fee unless we win your case.
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.
No Fee Unless You Win | Free Consultation | 24/7 Availability Call or Text: (312) 500-4500
>>Read More
Main Office:
1000 Jorie Blvd Ste 204
Oak Brook, IL 60523
New Cases: 312-500-4500
Office: 312-895-0545
Fax: 866-629-1817
service@desalvolaw.com
Chicago and Other Suburban Offices
By Appointment Only
