Illinois Work Injury Lawyer

Workplace Injuries Are Common In Illinois

It’s difficult to say how many workplace injuries go unreported. However, the Illinois Workers’ Compensation Commission has found that employees report about 200,000 workplace injuries every year. Of these, about 65,000 result in over three lost work days and over 40,000 result in workers’ compensation being paid to the victims. Furthermore, many injured victims seek financial damages outside of the workers’ compensation system for their workplace injuries.

The examples of workplace accidents in Illinois are virtually endless and can happen to almost anyone. Many Illinois residents have jobs that are considered dangerous. But, injuries often happen in workplaces that are generally considered safe.

Some of the most common workplace injuries include:

• Repetitive strain injury – Some repetitive motions pose a significant threat to the health of employees. Examples include carpal tunnel syndrome, tendonitis, and bursitis, which can be painful and debilitating.
• Equipment injuries – People are often hurt by the equipment that they use every day while on the job. Equipment can cause injury if not properly used, or if it is manufactured with defects.
• Slip and falls – Injuries from a fall can be devastating, and account for a significant amount of workplace accidents. These are particularly dangerous because they can happen virtually anywhere.
• Being struck by falling objects – Serious harm can result when hit on the head or torso by a falling object. This is common both at outdoor and indoor workplaces.
• Car or truck accidents – You may drive for work, or use a vehicle while on the job. Many traffic accidents injure workers across the state.
• Toxic substance injuries – For many jobs, your employer is responsible for educating and protecting you from any toxic substances you encounter on the job. If not, chronic and deadly ailments like mesothelioma may result.

Seeking Compensation After A Workplace Injury

Most employers in Illinois are required to purchase workers’ compensation insurance that can be used to help an employee injured on the job. This approach to compensation is unique and often complex. It is a “no-fault” system, meaning that you do not have to establish who is at fault to recover. You simply must demonstrate that you were hurt while on the job, and then illustrate the extent of your financial losses caused by the injury. Many who are injured at work are required to take the workers’ compensation insurance damages, and cannot seek a separate claim.

The workers’ compensation system can be intricate, and it is strongly advised that you hire an experienced lawyer to facilitate a smooth process. Even though you do not have to establish fault, a lawyer can help make sure that you get every dollar you need. Workers’ comp does not allow you to recover financial damages for certain things such as pain and suffering. Instead, it is focused on damages that can be clearly demonstrated such as:

• Medical bills for emergency on ongoing treatment
• Total disability for the time that you cannot return to work
• Partial disability for the time you can only engage in limited employment
• New training and vocational rehabilitation for needs related to your injuries
• Modifications needed to home, vehicle, or workplace due to your accident
• Lost future income and death benefits if a loved one is killed in a work accident

Third Party Claims For A Workplace Injury

Many people are also injured at work due to the negligence of someone unaffiliated with their employer or workplace. These outside persons or corporations are considered third parties since they are neither you nor your employer. When an outside party causes you harm, you may be able to file a lawsuit for damages to be paid by these negligent actors. Unlike a workers’ compensation claim, the injured party must prove fault. Another distinction is that these actions do allow you to recover non-economic damages such as grief and emotional distress. Your work injury lawyer may even pursue a third party claim alongside your workers’ compensation case.

Possible scenarios for a third party claim in Illinois include:

• Car accidents – An individual not affiliated with your employer can cause a traffic accident while you are on the clock. It’s possible for this person to be sued while you also pursue a workers’ compensation claim.
• Defective products – You may be injured by an improperly manufactured tool or device that you use at work. This will require a product liability lawyer to seek damages from the negligent party.
• Premises liability – Suffering a slip and fall can be devastating. A third party claim may be appropriate if this happens while you are on the property of someone who is not your employer.