Wood Dale Workers Compensation Lawyer Asks:

Wood Dale Workers Compensation Lawyer

Here's something most injured workers are never told: one accident at work can give you two separate cases, worth very different things. Workers' compensation covers you no matter whose fault the injury was, but it deliberately leaves out pain and suffering — it pays medical care, part of your lost wages, and a disability award, and that's all. If someone other than your employer caused your injury, though, there may be a second claim that does pay for pain and suffering, and it can be worth as much as the comp case or more.

I'm Scott DeSalvo, and I've spent almost 30 years standing up for injured workers throughout DuPage County. In a manufacturing and distribution town like Wood Dale, these overlaps come up constantly. Here's how to protect everything you're owed — and it's free to find out what that is.

The Second Claim Hiding in a Work Injury

Think about how injuries actually happen on a plant floor or a loading dock. A machine with a defective guard takes off a finger — that's a claim against the manufacturer. A delivery driver from another company backs into you — that's a claim against that driver and their employer. A subcontractor's carelessness drops a load on you — that's a claim against the subcontractor. In each case you still have your workers' comp claim against your own employer, and a separate third-party claim that can include full pain and suffering. Spotting that second case is one of the first things I do, because it's where a lot of an injured worker's real recovery lives.

The Comp Benefits You're Owed

Even setting the second claim aside, your workers' comp benefits are worth protecting:

Your choice of doctor

Illinois lets you choose your own treating physician. You're not stuck with the company clinic, whose incentive is to clear you fast.

Wage replacement

If your injury keeps you off work, temporary total disability covers two-thirds of your average weekly wage, tax-free.

Compensation for permanent effects

If the injury leaves lasting damage, you're owed a separate award based on the body part and severity — the number insurers most like to underpay.

What Your Employer's Insurer Is Doing

The company can be friendly to your face while its insurer works to minimize your claim, because the decisions are made by an adjuster you'll never meet. The playbook is familiar: a doctor who clears you early, an "independent" exam by a physician who mostly works for insurers, wage checks cut at the first excuse, and arguments that the injury was pre-existing. What most lawyers won't tell you is how often those tactics work only because the worker didn't know they could push back. You can.

Cost and Job Security — Two Myths

Two fears keep injured workers quiet, and neither survives scrutiny. The fee is capped by Illinois law at 20% of the recovery, with nothing up front, and represented workers routinely net more even after the fee. And firing or retaliating against you for a legitimate claim is illegal in Illinois, giving you a separate case if it happens.

Bottom line: comp is a right you earned, the deadline to protect it starts the day you're hurt, and there may be a second claim that's worth even more.

Let's Talk — Free, No Strings

Call me and tell me what happened at work. I'll explain what you're owed, look hard for any third-party 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 on the comp side.

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

Injured Beyond Work? I Handle Every Kind of Case in Wood Dale

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

Frequently Asked Questions

Can a work injury really be two separate cases?

Yes, and it's common. Your workers' comp claim is against your employer and is no-fault, but it doesn't pay pain and suffering. If someone else caused your injury — an equipment maker, an outside contractor, a driver — you may also have a separate third-party claim that does include pain and suffering. Finding that second case is one of the first things I check, because it's often where the larger recovery is.

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.

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