You got hurt at work in Aurora. You reported it. You expected the workers comp system to do what it is supposed to do, pay your medical bills and cover your lost wages while you heal. Instead, your employer is fighting the claim. Let me tell you what they are doing and how to fight back.
The most common tactic is the pre-existing condition argument. You hurt your back at work, and the insurance company pulls your medical history and finds that you saw a chiropractor three years ago for back pain. Suddenly they are arguing the injury is not work-related. It is a pre-existing condition. Here is what they do not tell you. Under Illinois law, if your job aggravated or accelerated a pre-existing condition, that aggravation is compensable. You do not need to have been in perfect health before the injury. You just need to show that the work activity made it worse.
Disputing that the injury happened at work is another favorite. The employer says they did not see it happen. There is no witness. You did not report it immediately. Therefore, they argue, it did not happen on the job. In reality, you have forty-five days under Illinois law to report a workplace injury, and there are valid reasons why workers do not report immediately. They thought it would get better. They were afraid of losing their job. They did not realize how serious it was until later. A delay in reporting does not kill your case, but it does mean you need a lawyer who can explain the timeline to the arbitrator.
Sending you to their doctor is the one that angers me the most. The insurance company sets up an Independent Medical Examination with a physician who is anything but independent. These doctors make a living performing IMEs for insurance companies. They have a financial incentive to find that you are not as hurt as you claim and that you can return to work. Your own treating doctor knows your body, has been monitoring your recovery, and has no financial interest in the outcome. At arbitration, the arbitrator weighs both opinions, and the treating physician's testimony typically carries more weight because they have an ongoing relationship with you.
Being pressured to come back to work before you are ready is illegal if it crosses certain lines. Your employer cannot fire you for filing a workers comp claim. That is retaliatory discharge under Illinois law, and it carries significant penalties. But many employers use subtler pressure. They call you at home asking when you are coming back. They send you emails about your job being at risk. They assign you light duty that exceeds your medical restrictions. Document all of it. Save every email, text, and voicemail.
The workers comp system in Illinois is designed to protect workers, but the insurance companies that fund it are designed to protect their profits. When those two interests collide, you need someone in your corner who knows the system inside and out. I have handled hundreds of Aurora-area workers comp cases. Call me at 312-500-4500 and let me even the playing field.
Employers are required to have Workers Compensation insurance to cover their injured employees. If a worker is injured while working, then they are entitled to get benefits under the Workers Compensation Act.
If you can not return to your old job due to your injuries, Illinois Workers' Comp may also require them to pay to re-train you to do a various job. As soon as you have a new job and are getting paid, then benefits are cut off.
If your medical professionals decide that you can no longer work performing any type of work due to your Aurora, IL work injury, then you would get permanent special needs benefits.
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Simply due to the fact that an employer offers Workers' Compensation Insurance, does not suggest that you automatically get benefits. That's why I tell individuals who got hurt at work to talk to an experienced Workers Comp lawyer after any work injury.
If an employer attempts to reject a Workers' Compensation claim then the injured worker ought to talk to a lawyer right away. If there is no legitimate defense, then a lawyer can get your benefits and bills paid rapidly. Contact a Workers Comp Attorney in Aurora, IL today.
Sometimes, a worker is "On the Clock" and gets injured by another person. Examples include a delivery driver whose truck is struck by another chauffeur, or a worker who is hurt by somebody who is not employed by the very same company. In these situations, you would have a second case. It is called a "Third Party Case" and you still get Workers Comp benefits. You can also make a claim versus the individual and or company who hurt you. This can get complicated, so having a Workers Comp Attorney in Aurora, IL aid you is a smart idea.
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Scott not only cares about the case, but he truly cares about his clients and that makes him the best lawyer I have ever met and hired! He won my case! He is thorough in everything he does. I highly recommend Scott, and will always refer him to family and friends.
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You must know that if you got hurt on the job in Aurora, IL, you are most likely covered under Workers Comp. To understand your workers' compensation rights, you ought to know that state laws manage your claim.
Hurt workers in Aurora, IL are often covered in Illinois. However, it is necessary to note that there are some situations where an employee is not qualified for workers' comp benefits, consisting of:
It is rather rare for an employee not to be eligible for Workers Comp benefits. These consist of the "45 Day Rule" which states that an injured worker report their injuries within 45 days after the accident.
You have 45 days to report the accident. You must inform your employer by means of a manager or member of the management team about the accident and or injury. Ideally, you do this right when it takes place. Sometimes an employee does not want to make a big deal about it, or they feel embarrassed. You MUST tell your employer. You could lose your case if you do not.
When you work with a Workers Comp Attorney in Aurora, IL, they will explain what you need to do. Your lawyer will secure all the due dates and requirements so you can focus on getting better and healing.
You have 3 years to submit your case with the Commission. Your lawyer will fill out all of the documentation. Your lawyer will file it and make sure the employer and their insurance company is alerted.
The insurance company will generally employ a lawyer to represent them and fight your case. It is necessary for us to wait to learn what you injuries are and to see if you are improving. We would not wish to settle your case without knowing all of your injuries. We also need to know how much medical care you need. That means we have to be a little patient.
Life is simple if your claim is completely authorized. But in a lot of cases, the Workers Comp insurance sends you to their doctor. The Company Doctor normally supplies the Workers Comp insurance a report to fight your case. The most common excuses are:
This is the number one reason why I inform people to work with an Aurora IL Workers Comp lawyer early on in the process. A good lawyer will be able to see if they are getting ready to cut off your benefits and reject your claim.
A basic injury at work can begin out feeling like a small injury that you will easily recuperate from. How you heal in the weeks and months after the injury exposes how bad your injuries are.
You might be worried if you will have an issue at work if you make a claim. Or you may even wonder whether your injury is one that will be covered under Workers Comp.
Here are the most common workplace injuries:
These are the more typical. But there's great deal of methods to get hurt at work in Aurora, IL.
Aurora has a significant manufacturing, warehousing, and distribution sector, particularly in the I-88 corridor. Healthcare workers at Advocate Aurora Medical Center and Rush Copley also face significant work injury risks — nurses, aides, and technicians face back injuries, needle sticks, and assault risks daily. Construction, food processing, and retail distribution facilities round out the picture.
The location of your attorney matters less than their experience with Illinois workers comp law and the IWCC. My office is in Oak Brook, minutes from Aurora on I-88, and I appear before the IWCC in Chicago regularly. What matters is that your attorney knows how to build a strong case and maximize your settlement. Call me at 312-500-4500 for a free evaluation.
File a petition for hearing with the IWCC immediately. A denial is not the end — it's the beginning of the formal dispute process. Many cases that are initially denied are won at arbitration with proper representation. Insurance companies deny claims hoping the injured worker won't push back. I do push back. Call me at 312-500-4500.
Workers comp cases are filed with the IWCC statewide, so the county your employer is in doesn't determine where your case is heard. What county matters for is if you need to file a civil lawsuit alongside a workers comp case, such as a third-party negligence claim. In those situations, the county of the incident affects venue. I handle the workers comp case and related civil claims together.
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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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