Not all work injury attorneys are created equal. I've been doing this for close to 30 years, and I've seen how other firms handle workers' compensation cases. Some do a great job. Others treat work injury cases like an assembly line — sign them up, do the minimum amount of work, and push the client to settle for whatever the insurance company offers. You deserve better than that.
So what should you look for in a work injury attorney? First, experience with the specific type of injury you have. Workers' comp covers everything from back injuries to chemical exposure to occupational diseases. If you have a complex case — say, a repetitive trauma injury that your employer is disputing, or a case where you need surgery and the insurance company is trying to deny it — you need a lawyer who has handled that exact type of situation before.
Second, look for a lawyer who actually communicates with you. This is the number one complaint I hear from people who leave their previous attorney and come to us: 'My old lawyer never called me back.' Look, I understand that lawyers are busy. But you're the one who's hurt, you're the one who's worried about your future, and you deserve to have your phone calls returned within a reasonable time. That's not a luxury — it's basic professionalism.
Third, your lawyer should be preparing your case for trial from day one, even though most cases settle. Here's why: insurance companies can see which attorneys are willing to go to trial and which ones aren't. If your lawyer has a reputation for settling every case cheap because they never want to step foot in a courtroom, the insurance company knows they can lowball you. If your lawyer has a reputation for taking cases to trial and winning, the insurance company offers more because they don't want to risk it.
Fourth, your work injury attorney should be helping you understand the process. Workers' comp in Illinois has specific deadlines, specific procedures, and specific benefits that you're entitled to. If your lawyer can't explain in plain English what's happening with your case and what the next steps are, find one who can.
We handle work injury cases all across Illinois. If you want a free evaluation of your case, call 312-500-4500.
As an employee, getting injured on the job can be a stressful experience, both physically and financially. It’s important to understand the difference between workers’ compensation and a personal injury claim. Workers’ compensation is a no-fault system that provides benefits to employees who are injured on the job, regardless of who is at fault. On the other hand, a personal injury claim is a legal action brought by an individual against another party for causing harm or injury. This can include situations like slips and falls, car accidents, or medical malpractice. Understanding the distinctions between these two types of claims can help ensure that you receive the appropriate compensation for your injuries.
When it comes to negotiations and settlements, attorneys play a crucial role in ensuring a fair and satisfactory outcome for their clients. Not only do they possess extensive knowledge of the legal system, but they also have the skills to navigate high-stakes conversations with opposing parties. Attorneys can provide a level of objectivity and detachment that may be difficult for individuals directly involved in the situation to maintain. Additionally, they can advocate for their client’s best interests while keeping lines of communication open with the other party, potentially leading to a mutually beneficial agreement. With an attorney in your corner, you can feel confident that your negotiations and settlements are being handled with the utmost professionalism and expertise.
Sustaining a work injury can be a life-changing event. Even if you’re covered under workers’ compensation, the process of obtaining benefits can be complicated, overwhelming, and frustrating. Additionally, sometimes, employers and insurance companies deny legitimate claims leaving injured workers without the financial support they need to get back on their feet. That’s where an experienced work injury attorney comes in. By working with a skilled attorney, you can ensure that you receive the full and fair compensation you deserve for your injuries, medical bills, lost wages, and other related expenses.
As an employee, it can be daunting to even consider the possibility of taking legal action against your employer. However, if you believe your employer has violated your rights or engaged in illegal practices, it is important to recognize when it may be necessary to file a lawsuit. This could include instances of discrimination, harassment, unpaid wages or overtime, or wrongful termination. It is crucial to seek legal advice and thoroughly understand your rights before taking any action. While it may seem like a daunting process, holding your employer accountable can not only provide you with justice but also make a positive impact on the workplace for yourself and others.
In summary, if you have been involved in a work-related injury, it is important to understand your options. Depending on the situation, workers’ compensation may cover your medical expenses and lost wages but filing a personal injury claim may get you further coverage. The most important thing to remember is not to handle any scenario regarding a work injury without the advice of an experienced professional who can help guide you throughout the process.
A lot more than people expect. I make sure you get the right medical treatment - not the cheapest treatment the insurance company is willing to authorize. I protect your TTD benefits when the insurer tries to cut them off. I counter IME opinions that minimize your injuries. I challenge nurse case managers who try to control your care. I build the permanency evidence that maximizes your settlement. And I evaluate whether a third-party civil lawsuit is available alongside your workers comp claim. Most workers going it alone leave significant money on the table.
Workers comp in Illinois operates under a completely different legal framework than personal injury - the Illinois Workers' Compensation Act, the IWCC, arbitration procedures, permanency ratings, TTD calculations, and IME challenges are all specialized knowledge. While many personal injury attorneys handle workers comp as a sideline, I have handled thousands of workers comp cases over almost 30 years. The depth of experience in the specific system matters. Combined with personal injury credentials from Gerry Spence's Trial Lawyers College and the Keenan Trial Institute, I handle both the workers comp case and any third-party civil claims.
The day of the injury - or as close to it as possible. The most common mistake injured workers make is waiting to see how things develop. By the time they call me, they've already given recorded statements they shouldn't have, signed authorizations they didn't understand, chosen doctors the insurance company preferred, or accepted light duty that exceeded their restrictions. Early intervention protects your rights before the insurance company has set the terms of your case. My consultation is free. Call 312-500-4500 now.
Nothing unless we win, and the fee is capped at 20% by Illinois law - the lowest statutory cap for any injury case type in the state. No hourly charges, no retainer, no out-of-pocket costs during the case. My fee comes out of your settlement at the end. There is no financial barrier to getting experienced legal help. Call 312-500-4500 for a free consultation any time, day or night.
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.
Three main categories. First, temporary total disability (TTD) at two-thirds of your average weekly wage, tax-free, while you cannot work. Second, all reasonable and necessary medical bills related to the work injury - no copays, no deductibles, no balance billing. Third, a permanent disability settlement at the end of the case based on the body part injured and the permanency rating. There are also wage differential benefits, vocational rehabilitation, and permanent total disability for catastrophic cases. Most injured workers don't realize how many separate benefit categories exist.
Generally no - workers' comp is the exclusive remedy against your employer for work injuries in Illinois. That is the tradeoff of the no-fault system. But if a non-employer third party contributed to your injury - a subcontractor, a property owner who is not your employer, a product manufacturer, another driver in a work-related car crash - you can bring a civil lawsuit against that third party. Third-party civil claims allow recovery for pain and suffering that workers' comp does not cover. I evaluate every work injury case for third-party liability as a matter of routine.
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. Third-party civil claims tied to the work injury follow the standard Illinois personal injury statute of limitations of two years. Call me at 312-500-4500 to make sure you do not miss any deadlines.
Would you like to know more about work injury attorneys?
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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