Chicago Workers’ Compensation Lawyer

When you get hurt at work in Illinois, the law provides a clear path to benefits. You are entitled to have 100% of your necessary medical care paid for and to receive payments to replace your lost wages while you recover under the Illinois Workers' Compensation Act.

But knowing your rights and actually receiving your benefits are two different things. The system, while designed to help, has procedures and deadlines that can be difficult to manage, especially when you’re in pain and trying to heal. An insurance company’s priorities may not align with your need for a full and fair recovery.

This is where we come in.

At Abels & Annes, P.C., our work as Chicago personal injury lawyers focuses on one thing: making sure the system works for you. We handle the paperwork, the deadlines, and all communication with the insurance company. Your job is to get better. Ours is to handle the rest. If you’re facing uncertainty after a workplace injury, call us for a straightforward conversation about your situation. The consultation is always free.

We are available 24/7 at (312) 924-7575.

Why Choose Abels & Annes, P.C. for Your Workers' Comp Claim?

Our Promise: No Fee Unless You Win

We believe everyone should have access to skilled legal representation, regardless of their financial situation. That’s why we operate on a "No Fee Unless You Win" basis. This is our commitment to you: you will not pay us a dime unless we secure compensation on your behalf. Our goals are directly tied to your success, removing any financial risk from your decision to seek legal help.

A Record of Winning for Our Clients

Our results show our dedication. The lawyers at Abels & Annes, P.C. are lifetime members of the Million Dollar Advocates Forum and the Multi-Million Dollar Advocates Forum, a distinction held by a small fraction of trial attorneys nationwide. We have a history of securing the resources our clients need to move forward, including:

• $6,000,000 for the family of a bicyclist struck by a garbage truck.
• $4,500,000 for a woman injured when a commercial fence collapsed on her.
• $3,200,000 as co-counsel in a confidential lawsuit against the Archdiocese of Chicago.
• $3,150,000 working with co-counsel to resolve a confidential claim against the Archbishop of Chicago.
• $3,000,000 for a client who suffered catastrophic injuries in a motorcycle crash.

While past results do not guarantee future outcomes, our track record reflects our commitment to pursuing the maximum compensation available under the law for every client.

The First 4 Steps to Take After a Work Injury in Illinois

1. Report the Injury Immediately. You must notify your employer of your injury as soon as you can, but no later than 45 days from the date of the accident. Failing to meet this deadline could jeopardize your entire claim. While you can give notice verbally, we recommend doing so in writing (even a simple email) to create a record.
2. Seek Medical Attention. Your health is the priority. Get the medical care you need, whether it's at an emergency room, an urgent care clinic, or with your own doctor. Delaying treatment can not only worsen your physical condition but also give the insurance company an excuse to argue your injury isn't serious or wasn't caused by the work incident.
3. Document Everything. Keep a simple file with every piece of paper related to your case. This includes medical bills, letters from the insurance company, and receipts for any out-of-pocket expenses like prescriptions. It's also helpful to keep a brief journal detailing your pain levels and how the injury impacts your daily activities.
4. Understand the Claim Process. Once you report the injury, your employer should provide you with information on filing a claim with their workers' compensation insurance carrier. This is the official start of the process. If they don't, or if you have any questions whatsoever, it's a good time to seek legal advice.

What Benefits Does Workers' Compensation Provide?

The Illinois workers' compensation system provides several distinct types of benefits designed to cover your losses after a job-related injury.

Complete Medical Care

The employer’s insurance is required to pay for 100% of all reasonable and necessary medical treatment to relieve the effects of your injury. This includes everything from initial emergency room visits and surgery to physical therapy, medications, and medical equipment.

Temporary Total Disability (TTD)

If your doctor determines you are unable to work while you recover, you are entitled to TTD benefits. These payments are calculated at two-thirds (66 2/3%) of your Average Weekly Wage (AWW) and are not taxed. The AWW is typically based on your gross earnings over the 52 weeks before your injury.

Permanent Partial Disability (PPD)

When a work injury results in a permanent impairment but you can still work in some capacity, you may receive PPD benefits. These benefits compensate you for the loss of function to a specific body part or to your body as a whole.

Permanent Total Disability (PTD)

In cases where an injury is so severe that it prevents you from returning to any type of gainful employment, you may be eligible for lifetime weekly PTD benefits.

Vocational Rehabilitation

If your injury prevents you from returning to your former job, workers' compensation covers the costs of services to help you find a new career path. This can include job placement assistance, retraining, or further education.

The Insurance Company's Playbook: What to Expect

It's important to remember that your employer's insurance company is a for-profit business. Their legal obligation is to cover valid claims, but their financial incentive is also to minimize payouts. This might lead to certain encounters that raise red flags:

• The Quick Settlement Offer: You might receive a settlement offer very early in the process, often before you or your doctor know the full extent of your injury. While tempting, accepting this offer closes your case for good and could leave you with far less than you need for future medical bills and lost income.
• Disputing the Injury: The adjuster may question whether your injury truly happened at work or claim it was a pre-existing condition. They may require you to attend an "Independent" Medical Examination (IME) with a doctor they choose. The purpose of this exam is for the insurer to get a medical opinion that may differ from your treating doctor's.
• Delaying Payments: Slow responses, constant requests for more paperwork, and other delays could be intentional. The insurer may hope that frustration and financial pressure will lead you to accept a lower settlement just to get the process over with. We take over all this communication to prevent that from happening.

What if My Injury Was Caused by Someone Else?

Sometimes a work injury isn't caused by your employer, but by the negligence of an outside person or company. This is known as a third-party claim.

For example:

• A delivery driver who is rear-ended by another motorist.
• A construction worker injured by a defective power tool.
• An office worker who slips on a poorly maintained floor in a building managed by a separate company.

In these situations, you have two potential claims: your workers' compensation claim and a separate personal injury lawsuit against the at-fault third party. A personal injury lawsuit allows you to seek compensation for things workers' comp doesn't cover, such as pain and suffering. Handling both claims at once requires a coordinated legal approach to ensure you recover from all available sources.

Frequently Asked Questions About Illinois Workers' Compensation

Can my employer fire me for filing a workers' compensation claim?

No. It is illegal for an employer in Illinois to fire, harass, or otherwise penalize an employee for filing a workers' compensation claim. This action is called retaliatory discharge. If you believe you were terminated for this reason, you may be able to file a separate lawsuit against your employer for wrongful termination.

What if my workers' compensation claim is denied?

A denial is not the final word. If the insurance company denies your claim, we can file an Application for Adjustment of Claim with the Illinois Workers' Compensation Commission (IWCC). The IWCC is the state agency that resolves disputes in these cases. Filing this application starts a formal process where your case will be heard by an arbitrator who will review the evidence and issue a decision.

Can I choose my own doctor?

Yes. In Illinois, you generally have the right to choose your own doctor. The law allows you to select up to two doctors of your choice, plus any specialists they refer you to. However, if your employer has a Preferred Provider Program (PPP), the rules are slightly different. You may have to choose a doctor from their network or formally opt out to see one doctor of your own choosing. Selecting a physician you trust is an important part of your recovery.

What if the accident was my own mistake?

Illinois uses a "no-fault" workers' compensation system. This means you are entitled to benefits regardless of who caused the accident, as long as your injury happened at work and was related to your job duties. Your own carelessness generally does not prevent you from receiving benefits.

What is "light duty" and do I have to accept it?

If your doctor releases you to return to work with specific physical limitations (e.g., "no lifting over 10 pounds"), your employer may offer you a temporary "light duty" position that accommodates these restrictions. If the offer is for a real position that fits within your doctor's orders, you generally must accept it or risk having your wage loss benefits suspended. If you believe the light duty work exceeds your restrictions or is causing you more pain, you must address it with your doctor and lawyer immediately.

What if my employer doesn't have workers' compensation insurance?

Nearly all employers in Illinois are required by law to carry workers' compensation insurance. An employer who fails to do so faces significant fines and penalties. If you are injured and your employer is uninsured, you can file a claim for benefits with the Illinois Injured Workers' Benefit Fund (IWBF). Additionally, because the employer failed to provide insurance, they lose legal protections, and you may be able to file a civil lawsuit directly against them for damages.

How long will it take to resolve my case?

The timeline varies for every case. A straightforward claim with no disputes might be resolved in a matter of months. A more complicated case that is denied and requires a hearing before an arbitrator could take a year or longer. Our focus is always on achieving the best possible result for you, not the fastest one.

Let Us Handle the Details

You have the right to benefits after a workplace injury, and you do not have to go through the process on your own. At Abels & Annes, P.C., we understand what is at stake. We are ready to apply our experience to your case, managing the insurance company and the legal deadlines so you can focus on the most important thing: your health. 

For a free, confidential discussion about your case, call us anytime, 24/7, at (312) 924-7575. There is no fee unless you win.