Naperville Workers’ Compensation Lawyers
Were you injured at work in Naperville, IL? Did your injuries require medical treatment? Did you miss work after your accident?
If you were hurt on the job, you may be entitled to workers’ compensation benefits regardless of fault. Additional compensation may also be available through a third-party injury claim.
Why Hire Us?
- Se Habla Español
- Risk-Free Consultations
- 50+ Years of Combined Experience
- You Don’t Pay Unless We Win
- Call Now. (312) 775-0042
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How Our Law Firm Can Help With Your Workers’ Compensation Claim
Our Naperville work injury lawyers will level the playing field between you and the insurance company.
The Illinois workers’ compensation system was designed to be a streamlined process that provided a surefire means for injured workers to pay for their medical treatment and replace a portion of their lost wages after a workplace accident. Unfortunately, insurance companies that are liable for work injury claims tend to prioritize their own bottom line instead of the rights and well-being of the people who are injured. They frequently:
- Minimize workers’ injuries
- Place blame on the victims
- Attempt to settle claims for less than they’re worth
- Pay only a portion of the benefits due to the employees
- Deny claims altogether
Without an experienced workers’ compensation lawyer to protect their rights and fight for full and fair compensation, injured workers are often left with a fraction of the benefits they are due – or nothing at all.
Our Naperville work injury attorneys will make sure your rights are protected. We’ll stand up to the insurance company, and we’ll help you get the compensation you’re entitled to receive.
- Call Now. (312) 775-0042
What Benefits Are Available Through a Workers’ Compensation Claim in Illinois?
There are various benefits available to injured employees in Illinois, and they are payable regardless of who was at-fault for your accident. Even if your employer’s workers’ comp insurance is paying your claim, they may not be providing all the benefits you are entitled to receive.
“After a severe injury, major surgery and extensive physical therapy, my case was dropped by one of the largest law firms in the Chicagoland area because they weren’t sure the financial reward would be worth the fight. I had pretty much given hope and thought I had no options till someone recommended Mike Knobloch and I reluctantly called him still in my mind thinking I would get the same response I had already gotten. However, from the first call, I could tell Mike and his firm were different from the rest. Mike took on the case right away and kept me informed throughout the process. In the end, I received a settlement that was substantially larger than I ever anticipated. Make the call I almost didn’t and get the support you truly deserve when you’re in these kinds of situations.”
Lost Wages
If you missed three or more days of work because of your accident, you are entitled to receive 66 ⅔ % of your average weekly wages while you recover from your injuries. If you’re able to return to work, but you’re earning less in a lower paying position or working fewer hours because of your injuries, you are entitled to receive a wage differential. This amount should be ⅔ of the difference between your current earnings and your pre-accident wage.
Medical Bills
Any reasonable and necessary medical treatment that is required because of your workplace accident should be covered by your employer’s insurance. There is no deductible or co-pay required, and benefits should pay for your medications, emergency room treatment, surgeries, hospital stays, doctor and specialist visits, labs, and any required medical equipment. If you need physical rehabilitation or mental health treatment, that’s covered too.
Vocational Rehabilitation
If you are unable to return to your pre-accident line of work because of your on-the-job injuries, you’re entitled to vocational rehabilitation to prepare you for work you can perform. You may be able to receive education, vocational training, or job counseling services. If you participate in vocational rehabilitation, you may also be eligible for maintenance benefits to help you make ends meet while you’re enrolled in an approved program.
Permanent Disability Benefits
If your doctor determines that your injuries left you with a permanent disability once you’ve reached Maximum Medical Improvement (MMI), you’ll qualify for permanent partial (PPD) or permanent total (PTD) disability benefits, depending on the severity of your impairment. The duration of payments for PPD benefits depends on the type of injury you’ve suffered and the applicable scheduled (or unscheduled) loss of use award. If you are eligible for PTD benefits, however, they will continue for the rest of your life.
Are You Eligible to File a Third-Party Work Injury Claim?
Although there are a wide range of benefits available through workers’ compensation, settlements received through these types of claims will not cover all of your losses caused by a work-related accident. To recover full compensation for your pain and suffering, the total amount of your lost wages and future earning capacity, and other damages not completely covered by your workers’ compensation settlement, you’ll need to file a third-party injury claim. Only victims with certain situations will be eligible to file a personal injury claim, however. You may be eligible if:
- A contractor or subcontractor other than your employer played a role in causing your injuries
- A defective product or faulty equipment caused your accident while you were working
- A negligent driver caused your work-related car accident
- You were exposed to a toxic substance in your workplace
Why Choose Our Workers’ Compensation Lawyers?
With so many workers’ compensation lawyers that serve the Naperville area, it’s hard to know which law firm to trust with your work injury case. Choosing the right attorney is about more than calling the law firm with the flashiest billboard ads, or their logo on the side of a bus. You need a law firm that puts your needs first, and truly cares about your recovery.
Our Lawyers Have Over 50 Years of Combined Experience in Workers’ Compensation Cases
At Chute, O’Malley, Knobloch & Turcy, we have 50+ years of combined experience helping injured workers recover the benefits they are entitled to receive after suffering workplace injuries. We’re familiar with the insurance companies’ tactics, and we know how to counter them. We know how to navigate the claims process in Illinois, and what’s required for your claim to be successful. Most importantly, we know how to help you make the most of your work injury case.
Approximately 80% of Our Cases Are Referred to Us by Satisfied Clients
Our clients’ well-being, recovery, and full satisfaction is our top priority at Chute, O’Malley, Knobloch & Turcy, and it shows. Between 80% and 85% of our new cases are referred to us by satisfied clients whom our injury attorneys have represented. We take pride in the fact that our attorneys are so highly recommended, and we’re dedicated to providing the same, top-tier legal services to our clients in the future.
We Are Your Voice After a Workplace Accident
Our experienced work injury lawyers understand the difficult times you’re facing. We know how challenging and stressful it can be to try to mentally and physically recover from a serious workplace injury. The last thing you need is to be treated unfairly, or denied the benefits and medical care you need to get better. Our attorneys are your voice, and we’ll fight for your rights, so you can focus on getting better.
Your Employer Cannot Punish You for Filing a Workers’ Compensation Claim
Some injured employees are so intimidated by the fear of retaliation after a work-related accident that they suffer in silence, never reporting their injuries or filing a claim for the benefits they deserve. If a fear of retaliation is keeping you from claiming your work injury benefits, it shouldn’t. Illinois law prohibits employers from punishing injured workers for filing workers’ compensation claims. Your employer cannot:
- Withhold bonuses or promotion opportunities
- Cut your work hours (unless they are restricted by your doctor)
- Place you in a less desirable position to punish you
- Fire you for filing a work injury claim
- Harass you because you reported a workplace accident or a dangerous condition at work
What Kinds of Work Injury Cases Do We Handle?
At Chute, O’Malley, Knobloch & Turcy, our workers’ comp attorneys handle all types of work injury cases in Naperville and the surrounding communities. These include, but are not limited to:
- Construction Accidents
- Repetitive Stress Injuries
- Occupational Illnesses
- Machinery Accidents
- Work-Related Car Accidents
- Office Worker Injuries
- Workplace Slip and Falls
- Falls From Heights
- Electrocutions
- Explosions
- Healthcare Worker Injuries
- Factory Accidents
- Hearing Loss
- Back and Neck Injuries
Meet the Attorneys Who Will Help You Maximize Your Settlement
Client Testimonials
“Mike Knobloch was effective and diligent through and through with my case. Thank you!”
“The team at Chute O’Malley, Knobloch and Turcy was phenomenal. They kept me well-informed about my case and explained in detail the various situations and procedures of a personal injury lawsuit. I worked with Thomas Chute and Phil Turcy. They both were great in the handling of my case and were able to get a superb settlement for me. I highly recommend the firm and its professional team. They are knowledgeable and well-educated in handling any case. I can’t thank them enough.”
Everyone was outstanding, great communication and helpful in explaining how this process would work.
I highly recommend Tom and his team.
How Do Workers’ Comp Claims Work in Illinois?
Each work injury case can have unique aspects, and the claims process may vary depending on the specific circumstances of the injury and claim. Here’s an overview of how workers’ compensation claims typically work in Illinois.
01 Reporting the Injury:
If you suffer injuries on the job, you should immediately report any work-related injury or illness to your employer. In Illinois, you have 45 days to notify your employer, but it’s best to do so as soon as possible.
02 Seek Medical Treatment:
If you suffered severe injuries, call 9-1-1 or go to the nearest emergency room immediately. Otherwise, see a medical professional for your injury as soon as you can, even if you don’t think it’s serious. In Illinois, you have the right to choose your own doctor for treatment.
03 Employer Files a Report:
Your employer should file a report with their workers’ compensation insurance carrier and the Illinois Workers’ Compensation Commission (IWCC) if the injury results in more than three lost workdays.
04 Insurance Company Review:
The employer’s insurance company will review the claim and decide whether to accept or deny it. If your claim is accepted, you should receive a notice detailing the benefits you can expect to receive, and you should start receiving benefits right away. If your claim is denied, you’ll receive a notice explaining why.
05 Dispute Resolution:
If your claim is denied, or you disagree with the benefits offered, you can hire a workers’ compensation lawyer and file a claim with the IWCC. This may involve:
- Mediation
- Arbitration hearings
- Appeals to the IWCC and potentially to the courts
Remember that even if your employer’s insurance company is paying on your claim, they may not be providing you with all the benefits you are entitled to receive. Consulting with our work injury attorneys can ensure you receive all the benefits available to you.
Can You Sue Your Employer for Work-Related Injuries?
Employers who carry the mandatory workers’ compensation insurance are granted immunity from personal injury lawsuits in most cases. This is known as the “exclusive remedy rule” in Illinois. However, there are certain situations that will allow injured employees to sue their employer for workplace accidents.
- Employer’s Intentional Misconduct: If your employer’s intentional misconduct caused your workplace injuries, you have the right to sue your employer directly. However, if you file a personal injury lawsuit alleging that your accident was caused by an intentional tort, you cannot accept workers’ compensation benefits.
- Employer’s Failure to Maintain Insurance: If your employer did not maintain workers’ compensation insurance as required under Illinois law, you can file a personal injury lawsuit against the company to recover compensation for your losses.
- Latent Injuries: In 2019, amendments to the Illinois Workers’ Compensation Act and the Workers’ Occupational Diseases Act provided injured employees with the right to sue their employers for work-related latent injuries that manifest after 25 years. A mesothelioma diagnosis is an example of a latent injury that might qualify for this exception.
Claiming benefits through the workers’ compensation system does not require you to prove fault for your accident and injuries. Recovering compensation through a personal injury lawsuit does, however. To win a personal injury lawsuit against your employer, you’ll need to prove that duty of care, breach of duty, causation, and damages exist in your case.
Don’t Wait Too Long to Get a Workers’ Compensation Attorney Involved
One of the biggest mistake injured workers make when dealing with a workplace accident claim is waiting too long to hire an attorney. In Illinois, you generally only have three years from the date of your injury or two years from the date of your last workers’ compensation payment to file your claim with the IWCC.
If you wait too long to file your work injury claim, you will be barred from recovering compensation for your losses.
What You Should Know About Work Injuries
The U.S. Bureau of Labor Statistics releases information regarding work-related injury, illness, and fatality statistics every year.
For 2022, which is the most recent year for which information was provided, the BLS reported that:
- There were 5,486 work-related fatalities in 2022. This is an increase of 5.7% since 2021.
- In 2022, a worker died, on average, every 96 minutes. There was a work-related fatality every 101 minutes in 2021.
- Transportation and material moving occupations saw the most fatalities in 2022, with 1,620 work-related deaths.
- Transportation-related incidents caused 2,066 on-the-job fatalities in 2022.
- Private industry saw 2,804,200 reportable non-fatal workplace injuries and illnesses in 2022.
- 177 workers died in Illinois in 2022. Transportation incidents caused 75 of those deaths.
- Exposure to harmful substances or environments caused 30 workplace fatalities in Illinois in 2022.
- Call (312) 775-0042.
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Do You Need a Lawyer to Recover Compensation for a Workplace Injury?
You aren’t legally required to hire an attorney to recover compensation for a workplace injury. However, handling your case on your own comes with significant drawbacks. Without an experienced workers’ compensation lawyer on your side, you stand to recover far less than your accident case is worth. You may not receive all the benefits you’re entitled to receive – like vocational rehabilitation, or 66 ⅔% of your true average weekly earnings. Additionally, your chances of having your claim denied altogether are significantly higher when you don’t have a lawyer to protect your rights.
