Workplace injuries can make employees fear for their job longevity on two fronts. First of all, you have to take off work because of your injury. Then, there is the vexing issue of having a potential conflict with your employer. If you are injured at work, you should consult with a Chicago personal injury lawyer immediately.
What Does the State of Illinois Say About Work Injuries?
Generally speaking, the state’s workers’ compensation system is the final destination for workplace injuries. You file a claim and then get assistance with your injuries. If you are out of work or doing limited hours, you receive temporary disability benefits. The benefits are generally a lot smaller than your actual wages, approximately two-thirds of your original wage. When can you file a lawsuit?
- You can sue a third party, like a manufacturer, if you were injured by faulty equipment.
- You can file a lawsuit if your employer was negligent, i.e., skipped maintenance on equipment and that led to an injury.
- You can sue your employer if they don’t have worker’s compensation.
- If a coworker was responsible for your accident, you could consider filing a lawsuit against them.
You have a minimum amount of time to file a lawsuit for a personal injury that happens at work. Contact a Chicago personal injury lawyer from Lerner and Rowe to help ensure you file your claim on time so you can receive compensation.
What Kind of Workplace Injuries Are There?
There are a couple of different industries in Chicago where you might tend to find common workplace injuries. These industries include finance, manufacturing, food and beverage, tourism, and professional services. Types of injuries on the job in Chicago include:
- Slip-and-fall accidents might be common in food and beverage and the tourist industries.
- People who work in manufacturing might see injuries from falling objects, faulty equipment, slip-and-fall accidents, electrocution, and injuries related to exhaustion or heat.
Unfortunately, there are not a lot of accountability mechanisms for employers. If an employer is negligent and it causes an injury, here is what might happen:
- They might have to pay a higher insurance premium.
- They might have to pay OSHA fines.
- They might have to face potential criminal charges.
As a victim, you can file a lawsuit against your employer for negligence leading to your injury if the negligence was intentional. Let’s say an employer cuts a safety budget, and that leads to an injury. Or an employer knowingly doesn’t fix something, and that causes an injury.
Those are situations when you can go after your employer for negligence. A Chicago personal injury attorney from Lerner and Rowe will evaluate your incident and help determine the highest amount of worker’s compensation.
Do Employers Ever Retaliate Against Those Who File a Claim?
Let’s say that someone gets hurt at work. They then file a workers’ compensation claim. If the employer retaliates in any way, shape or form, this is illegal and can open the door for a lawsuit. An example is the 1981 case Gonzalez vs. Prestess Engineering Corp. Even though the plaintiff lost this case (a softball injury supposedly caused a finger injury that the plaintiff reported was work-related), it’s also an example of a person bringing a case outside of worker’s compensation for retaliatory behavior. In 2024, such a case might have a different outcome.
So yes, employers can retaliate from time to time against employees who file a workers’ comp claim, but it’s against the law. If this happens to you or a loved one, a personal injury lawyer in Chicago can help.
Why Is There a Statute of Limitations on Workplace Injury Claims?
There are time frames around workers’ compensation claims. The Illinois workers’ compensation system does not afford individuals many options for their claim, but the filing period is a little bit longer than the typical personal injury statute of limitations. In terms of workers comp, you can potentially stay on disability benefits indefinitely if your injury is permanent.
Do You Need a Lawyer for a Workers Compensation Claim?
An Illinois workers’ compensation claim can greatly benefit from the assistance of a lawyer. And there are times when you can take a claim to court rather than through the workers’ compensation system. A lawyer can help with the legal complexities of the workers’ compensation system and they typically step in when a claim is denied.
Why Can a Claim Be Denied?
A claim can be denied for several reasons, including, but not limited to:
- The belief that an injury did not happen at work
- Disputes over pre-existing conditions, if the employer claims it was not aggravated by work
- The employer or insurer outright disputes the cause of injury
If a claim is denied, you can pursue your workers’ compensation claim with a lawyer. If an employer maliciously denies a claim or conceals the injury, it can become a lawsuit.
Should You Consult a Personal Injury Lawyer on Workplace Injuries?
You should consult a personal injury lawyer like Lerner and Rowe in Chicago for your workplace injury. A qualified lawyer can help navigate your case through the workers’ compensation system and decide whether or not you have grounds for a lawsuit.
If you’ve been injured at work, then contact our Chicago workplace injuries attorneys today. Our team has extensive experience recovering top settlements for injury victims and offers free consultations. Our office hours are from 8:00 a.m. to 5:00 p.m. Monday through Friday, and we’re available by phone at 844-977-1900 24/7. You can also reach us through our online form or LiveChat service.