If you've been injured at work, you're probably wondering whether you need legal help. You might be asking yourself, "What does a workers comp lawyer do?" and "Is it worth hiring one for my case?"
These are important questions. A recent report showed that fatal workplace injuries in the United States increased by 7 percent in 2016, with the transportation industry accounting for more worker deaths than any other sector. When you add in non-fatal injuries from falls, equipment accidents, and chemical exposure, the numbers become staggering.
The good news is that if you or a loved one has been injured on the job, you may be eligible for compensation. The challenge is knowing how to navigate the system and protect your rights. Let's walk through what a workers compensation attorney actually does and how they can help you.
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.
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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.
Your Chicago workers comp lawyer will work to prove that your injury resulted from workplace conditions or negligence. You might receive an out-of-court settlement, or your case might go to trial.
Often, businesses offer settlements to avoid costly court cases. If you win your case, you can receive compensation for:
If you're a family member of someone who died due to workplace negligence, you may be able to pursue compensation on their behalf.
Even with an experienced attorney, there's no guarantee you'll win. However, your best chance of getting fair compensation is having skilled legal representation on your side.
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.
Main Office:
1000 Jorie Blvd Ste 204
Oak Brook, IL 60523
New Cases: 312-500-4500
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