how to choose the best illinois workers comp lawyer

What do you need to know about workers comp in Illinois?

1. Illinois work comp is a no fault law. You don’t have to show anyone was negligent if you get hurt on the job. 2. It’s a felony for an employer not to have workers comp insurance if they do business in Illinois and have employees. 3. You are eligible for work comp the moment you start working. 4.

Should I hire a workers comp lawyer?

“You don’t have to hire an attorney every time you have a claim,” said Tom Holder, a prominent workers comp lawyer in Atlanta, “but you should at least call one and let them explain how the process works and what benefits you are entitled to receive.” Just don’t automatically assume your case is going to turn into a legal food fight.

Do I need a workers'compensation lawyer for a back injury?

If you were injured on the job and believe you are entitled to workers' compensation, a workers' compensation lawyer can help. Workers' compensation lawyers can assist with matters arising out of workplace injuries -- including back and spine injuries and construction-related accidents.

How to get an expert opinion on a workers comp claim?

Or, you can ask an attorney for their expert opinion with a free consultation. Contact an Attorney More About Lawyers Lawyer When to Hire a Workers Comp Lawyer Get a Free Claim Evaluation

What percentage does a workers comp attorney get in Illinois?

20%The Illinois Legislature has set attorneys' fees for workers compensation cases at 20% for most situations. If there is a separate case against a third-party, the case is handled separately, and the separate fee agreement will need to be agreed upon.

What is the biggest workers comp settlement?

To date, the largest settlement payment in a workers' comp case came in March of 2017, with a $10 million settlement agreement.

Can I fire my workers comp lawyer in Illinois?

Short answer, yes.

How do you calculate a workers comp settlement in Illinois?

To determine your PPD rate for settlement, we take your average weekly wage (gross not net) and multiply it by 60%. If you grossed $1,000 a week your PPD rate would be $600. There is a cap on this amount. The highest PPD rate you could have if you were injured today is $790.64.

How are settlements paid out?

A structured settlement can be paid out as a single lump sum or through a series of payments. Structured settlement contracts specify start and end dates, payment frequency, distribution amounts and death benefits.

What is a foot injury worth?

Out of a total of 701 awards, the average foot injury was shown to be worth $10,871.

How long does it take to settle a workers comp case in Illinois?

Parties are always able to get a trial date before the arbitrator. Like most court systems, most cases at the Commission are settled. On average, a settlement is approved about two years after a claim is filed.

How long can you stay on Workmans Comp in Illinois?

As for how long one can receive workers' compensation benefits, it can be for the rest of a claimant's life or for a limited period of time, depending on the circumstances. If a claimant was injured before 2011, for example, he or she could be eligible for wage differential benefits for the rest of his or her life.

How is TTD calculated in Illinois?

The basic formula for T.T.D. benefits are calculated as two-thirds (2/3) of the worker's gross average weekly wage for the year preceding the date of accident (excluding overtime and bonuses). To determine the daily T.T.D. rate simply divide the weekly T.T.D.

What are the benefits of work comp in Illinois?

Under Illinois work comp law, death benefits include medical costs, funeral expenses up to $10,000.00 and weekly compensation for up to 25 years. 80. Psychological injuries are covered if they are the result of something sudden and shocking like being robbed at gun point. 81.

Which state has the best work comp?

47. From what we’ve seen, Illinois has the best work comp benefits in the country.

How long do you have to report an injury in Illinois?

41. Under IL law you have to report an injury to your employer within 45 days of it happening.

What happens if you hire the wrong attorney?

35. If you think you’ve hired the wrong attorney you have the right to switch firms at no cost.

How much can a lawyer charge for a case?

6. Lawyer fees in almost every case can not exceed 20% of what is recovered for you.

When are you eligible for work comp?

3. You are eligible for work comp the moment you start working.

Can nurse case mangers enter exam room?

Some nurse case mangers will try to enter the exam room with you. Don’t let them. 25. The insurance company has a right to your medical records as relates to the work injury, but not all of your medical records from all of your life.

How long does it take to file a workers comp claim?

Reporting regulations and deadlines vary from state to state, but it should typically take no longer than 30 days to complete this process.

What to do if your insurance doesn't agree with your rating?

If the insurance company doesn’t agree with the rating, it can require you to get an independent medical exam (IME) by a doctor of its choosing. Chances are that doctor will give you a lower rating than what you (and your sore neck) feel you deserve. A lawyer can help convince a judge you are entitled to a higher rating.

What does an attorney do for you?

A lawyer will file the paperwork on time, build your case, negotiate with the insurance company and draft a settlement, if one is agreed on. If it’s not, you’re headed for a hearing.

Do attorneys cross-examine witnesses?

An attorney not only will prepare your argument, he or she will prepare you to say the right things in testimony. They also will cross-examine the insurance company’s witnesses. That job should not be left up to amateurs. Unlike civil cases, workers compensation law has a safety net of sort.

Is it bad to handle workers compensation?

Unless you’re an attorney or enjoy reading workers compensation manuals in your spare time, probably not. Handling a case on your own is usually a bad idea, especially since the insurance company will be represented by someone who’s probably handled hundreds of cases.

Can you file a workers comp lawsuit if you are a third party?

If you have a third-party claim – You can go outside the workers comp system and file a workers comp lawsuit if someone other than your employer contributed to your injury. For instance, if a negligent driver hits you while you are driving for work, you can sue that person for damages.

Can a worker's compensation settlement be rejected?

They can reject the settlement if they feel it’s not reasonable and the employee is getting a raw deal.