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630-932-9100
Free Initial Consultation 630-932-9100
Mevorah Law Offices LLC
630-932-9100
Workers Comp rights attorney Lombard

LOMBARD

900 E. Roosevelt Road, Lombard, IL 60148

Phone: 630-932-9100

BLOOMINGDALE

134 N. Bloomingdale Road, Bloomingdale, IL 60108

Phone: 630-529-4761

ST. CHARLES

333 N. Randall Road, Suite 104, St. Charles, IL 60175

Phone: 630-443-0600

JOLIET

58 N. Chicago Street, Suite 500, Joliet, IL 60432

Phone: 815-727-4500

CHICAGO

105 W. Madison Street, Suite 2200, Chicago, IL 60602

Phone: 630-932-9100

Workers' Compensation Benefits FAQ's

Illinois Attorneys for Workers Comp Claims

Does workers' compensation cover my injury?
Is any injury caused by my employment covered by Workers' Compensation?
Does my injury have to occur at work to be covered by Workers' Compensation?
When should I notify my employer of the injury?
When should I seek medical treatment?
When do I have to file a claim?
If I re-injure or irritate a previous injury or condition, am I still eligible to receive benefits?
What benefits am I eligible for under the workers' compensation law?
Will my benefits be taxed?
Who pays for my benefits?
Can I receive benefits if my injury was caused by someone other than my employer or my co-worker?
Can I settle my case?
What happens if I settle?
What happens if my employer offers a settlement and I choose not to accept it?
Should I be seen by my employer's doctor?
How much does a good workers' compensation attorney cost?
If I'm permanently disabled, can I receive benefits in a lump sum?
How can I ensure that I will receive future medical treatment for my work related injury?
If my employer or their workers' compensation insurance company asks me for a recorded statement, should I provide one?
Should an accident report be filled out with your employer?

Does workers' compensation cover my injury?
Yes, if your injury or illness arose out of and in the course of your employment.

Exceptions: Most states have developed exceptions to the exclusiveness of the workers' compensation remedy in extreme situations. When employers act in bad faith or intentionally or criminally harm employees, many states allow workers to bring lawsuits against their employers outside the workers' compensation system. A lawsuit against a third party may also be possible, such as against a manufacturer of faulty equipment that causes an injury. In such circumstances, the employer may be able to get reimbursement for workers' compensation benefits already paid.

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Is any injury caused by my employment covered by Workers' Compensation?
If the injured person is guilty of serious and willful misconduct, the injury may not be covered. However, most injuries that occur due to employment, including those accidentally caused by the injured employee and disabilities such as carpal tunnel syndrome and tendonitis that are caused by repetitive actions are covered.

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Does my injury have to occur at work to be covered by Workers' Compensation?
No, but it has to be caused by your employment. Usually injuries while traveling to and from work are not covered, but those that occur while attending work-related functions and business trips are covered.

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When should I notify my employer of the injury?
As soon as possible but no later than 45 days after the accident to be compensible.

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When should I seek medical treatment?
As close to the accident as possible, but no later than 90 days after the accident.

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When do I have to file a claim?
The deadline to file a Workers' Compensation claim is called the Statute of Limitations. In Illinois, the claim must be filed within three years from the day the injury occurred, or within two years of the date the employee received their last Workers' Compensation Benefits, whichever is later. For a repetitive trauma, dates will vary. Contact Mevorah Law Offices LLC for assistance.

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If I re-injure or irritate a previous injury or condition, am I still eligible to receive benefits?
Yes. As long as you were injured because of your employment, whether or not there was a previous injury for any reason, you are still eligible to receive compensation

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What benefits am I eligible for under the workers' compensation law?

  1. Wage compensation, two-thirds of your wages if you doctor determines you cannot work or gives you light duty work that your employer cannot accommodate
  2. Medical expenses for necessary treatment related to your injury
  3. Vocational rehabilitation, job training or schooling if your employment is unable to accommodate your permanent work restrictions.
  4. A lump sum for a specific injury or long term weekly benefits if you cannot return to your former job
  5. Benefits will vary based on the type and severity of injury or disability

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Will my benefits be taxed?
Illinois, like most states, does not tax workers' compensation benefits, nor does the federal government.

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Who pays for my benefits?
Illinois state law requires your employer to either be self insured or to have workers' compensation insurance. Your employer's insurer will pay your benefits

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Can I receive benefits if my injury was caused by someone other than my employer or my co-worker?
This does not affect your right to workers' compensation benefits if your injury was caused because of your job. You may be able to file a civil lawsuit against the third party. Benefits of a civil lawsuit can include the right to collect for lost wages, pain, suffering, medical costs and spousal rights

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Can I settle my case?
Yes, a workers' compensation case can be settled. Negotiation between the injured employee or his/her attorney and the insurance company determines the parameters of the settlement.

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What happens if I settle?
Generally, all rights to any further compensation for this specific injury are waived.

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What happens if my employer offers a settlement and I choose not to accept it?
You can take your case to an arbitration hearing, where all evidence will be heard by an arbitrator. Either party can choose to appeal the decision made.

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Should I be seen by my employer's doctor?
It is most likely in your best interest to choose your own doctor, rather than leaving medical control to your employer and their insurance company.

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How much does a good workers' compensation attorney cost?
The attorney's fee is based on a contingent fee. This means that instead of an hourly charge, the attorney will be paid a percentage of the client's compensation, and will only be paid if the client receives benefits. In Illinois, the attorney can charge up to 20%. Consult Mevorah Law Offices LLC for details.

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If I'm permanently disabled, can I receive benefits in a lump sum?
Instead of scheduled payments, you may receive benefits as a lump-sum, as long as both parties agree and it is approved by the Illinois Workers' Compensation Commission.

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How can I ensure that I will receive future medical treatment for my work related injury?
The only way to guarantee that you will receive future medical treatment is to have a hearing before an arbitrator at the Illinois Workers' Compensation Commission. If you settle with your employer or ask for a lump sum, you close out your right for further paid medical treatment unless it states otherwise in the settlement contract.

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If my employer or their workers' compensation insurance company asks me for a recorded statement, should I provide one?
No. You may unintentionally say something that could jeopardize your right to recover benefits or drastically limit the benefits you are entitled to. Call and make an appointment with Mevorah Law Offices LLC as soon as possible after your injury so we may assist you in obtaining the maximum benefits you are entitled to under law.

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Should an accident report be filled out with your employer?
Yes. Make sure that all information is accurate before you sign it and request a copy of it from your employer right after it is made.

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Additional Articles & Resources

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One Stop For All Your Legal Needs

Whether you are going through a divorce, injured in an accident, need to file a workers' compensation claim, charged with a crime, immigrating to the United States, or need to file for bankruptcy, Mevorah Law Offices LLC can help. Our trial lawyers have over 35 years of experience helping clients throughout Northern Illinois from five offices in Lombard, Bloomindale, Joliet, St. Charles, and Chicago.

Steven Mevorah has assembled experienced attorneys under one roof so that his clients need not search for a new attorney each time they need help. Mr. Mevorah has also established a wide network of additional attorneys so that his clients merely need to stop by Mevorah Law Offices LLC to find the attorney they need.

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Our practice is focused on meeting your needs with flexible hours and locations to serve you:

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