Find Out Your Rights With a Respected Illinois Workers Compensation Attorney

An Illinois workers compensation attorney from Lipkin & Higgins will tell you that under Illinois state law, you cannot "sue" your employer for a work-related injury. You can, however, bring a claim to court. While both causes are similar in that each seeks financial damages in connection with an accident, a workers compensation claim and a personal injury case have important differences:

• Your Illinois workers compensation attorney will help you show that you got hurt while working for your employer. Unlike a personal injury case, you do not have to show that your injury was the result of negligence. You must simply show that you received the injury while doing your job.
• Your workers compensation attorney will help you seek the correct damages. This can include:
  1. Payment of 100% of your medical bills
  2. 66 2/3% of your average weekly wage for that period after the accident for which you are required to miss work, until you are able to return to your job
  3. 60% of your average weekly wage for a certain number of weeks, representing permanent disability.

This is a very complicated area of law and your attorney can best advise you on your course of action.. For example, the maximum rate for an injury to an arm is 235 weeks. If you had a broken arm and required surgery, this injury (assuming normal recovery) would generally be valued at between 15%-25% permanent disability, or 35.25 weeks - 58.75 weeks x 60% of your average weekly wage.

It’s what you win that counts

As your Illinois workers compensation attorney will explain, these cases are generally easy to win but the amount you will be awarded requires serious negotiation. By contrast, in a personal injury case, there are no caps or limits on what a jury may award an injured person, and the categories of damage are far broader than in a job related claim.

Get the assistance you need.

A claim costs nothing to file, and the overall costs are typically nominal - $100 or less. Obviously there are exceptions. A personal injury case results in far greater costs, from the original filing fees with court, through trial. In addition, a work related claim case is generally completed far more quickly than a personal injury case, often years before a personal injury case can be resolved.  This is partly due to the fact that there will be no jury involved and that the rules of evidence are simplified.

To find out more, contact the lawyers at Lipkin & Higgins.