Workers’ Compensation Attorneys in McHenry
We know a serious on-the-job accident can be overwhelming. We work diligently to maximize the compensation available to you ensuring you receive your rightful benefits for lost wages, medical care, temporary and permanent disability and more. You deserve to have an experienced professional on your side, fighting to protect your interests during a complex and often frustrating insurance claims process.
Do You Know Your Rights As An Injured Worker?
A work accident can leave you with injuries and complications affecting many areas of your life, including your ability to do your job in the future. Many injured workers do not understand their rights in the event of a workplace accident or occupational illness, but we do. The lawyers at Taradash Johnson Janezic will walk you through the workers’ compensation claims process.
We Can Help With Your Workers’ Compensation Claim
Workers’ compensation insurance companies do not have your best interests in mind. They will work to avoid paying you as much money as possible, and applicants and union workers often have to deal with setbacks and delays with their claim. Not only do we work to maximize the compensation available to you, but also we will shield your interests and protect you from the following:
- Claim denials and complications involving your employer
- Undervalued claims, leaving you with insufficient support to cover your needs and losses
- Decisions to return you to the workforce before you are truly ready
- Retaliation from your employer for filing a workers’ compensation claim
- Under-payment of benefits due to miscalculation of the average weekly wage
With a family to support, medical bills and other financial responsibilities, you cannot afford to seek workers’ compensation benefits on your own. We understand the law and your rights to recovery, and we have over 75 years of combined experience advocating on behalf of injured workers. When it comes to maximizing your benefits and fighting for the full amount of compensation you need, including third parties. We do not leave money on the table.
Your Ally After A Work Accident
After an accident at work or the onset of an occupational illness, you can turn to our experienced attorneys. We will explain your right to workers’ compensation benefits and walk you through the entire complicated process. If you are seriously injured, do not go it alone. The workers’ compensation laws are complicated. Our firm offers free case evaluations and information — call 815-669-4635, or reach out online for an appointment.
Guiding Injured Workers Through Workers’ Compensation Court Proceedings
Although injured workers are generally entitled to workers’ compensation benefits, in many cases, workers’ compensation claims are initially denied or reduced. If you have had your workers’ compensation claim denied or reduced, you may wish to file a claim with the Illinois Workers’ Compensation Commission.
The process of obtaining appropriate workers’ compensation benefits can be a difficult process for some injured workers. Filing a claim with the Illinois Workers’ Compensation Commission often involves several hearings and an administrative review process, with strict procedural requirements and time limitations. Although workers’ compensation court proceedings can be overwhelming, the workers’ compensation attorneys at Taradash Johnson Janezic will guide you every step of the way and advocate on your behalf at your workers’ compensation court proceedings.
Contact our office at 815-669-4635 to schedule a free consultation with one of our Illinois workers’ compensation lawyers.
Workers’ Compensation Claim Process in Illinois
If you are injured in a work-related accident, you must first notify your employer of the accident, injury, or illness. Although injured workers are generally entitled to workers’ compensation benefits for on-the-job injuries and illness, they are also required to file their claim for workers’ compensation benefits.
If the employer or its insurance carrier refuses to pay workers’ compensation benefits or reduces the amount of the workers’ compensation benefits, an injured worker can file a claim with the Illinois Workers’ Compensation Commission by submitting three copies of the Application for Adjustment of Claim, along with proof that the application was served on the employer.
After the Application for Adjustment of Claim is received by the IWCC, the claim will be assigned a case number and an arbitrator. Every three months, the case will automatically be set for a status call, during which the parties may request a trial. If no trial is requested, the case is continued for another three months until the next status call.
Once the trial is set, the arbitrator will conduct a hearing during which the injured worker and the employer will have the opportunity to present evidence to support their position. Once the arbitrator issues his or her decision, both parties have the right to appeal the decision. If the arbitrator’s decision is appealed, the case will move to a panel of three commissioners who will review the arbitrator’s decision, the available evidence, and the trial transcript. The commissioners will also hold another hearing during which the parties may present a brief argument to support his or her position. The commissioners will issue their decision within 60 days of the hearing. Parties who are dissatisfied with the commissioners’ decision can generally appeal the case through the Illinois court system.
Because there are often a number of court proceedings involved with pursuing a workers’ compensation claim, it is helpful to enlist the help of an experienced workers’ compensation lawyer. The work injury lawyers at Taradash Johnson Janezic focus on helping injured workers get maximum compensation for their injuries, which often requires appealing the claim through the Illinois workers’ compensation court system. As a result of our experience handling workers’ compensation cases, we have an intimate understanding of what goes on during workers’ compensation court proceedings. We will prepare you for the hearings in advance, ensure that you have adequate evidence to support your claim, and advocate on your behalf during the proceedings.
Preserve Your Right To Workers’ Compensation Benefits
If you were injured on the job, you have the legal right to claim and collect Illinois workers’ compensation benefits. Many times, however, claims for workers’ comp benefits are initially denied, leaving you unable to provide for your family and struggling to replace lost wages and pay your medical bills. In Illinois, the time frame to report an injury and make a workers’ comp claim is very limited. If you have been hurt on the job, contact an experienced McHenry workers’ compensation lawyer at Taradash Johnson Janezicas soon as possible.
From our office in McHenry, Illinois, the workers’ compensation attorneys at Taradash Johnson Janezic have helped more than 1,000 Illinois families recover workman’s comp benefits. We are knowledgeable about all types of work injuries ranging from carpal tunnel and repetitive stress to a neck or back injury as well as paralysis and permanent brain injury. We help clients through the entire claim process, as well as any workers’ compensation court proceedings. Our work comp and personal injury lawyers also assist injured workers by identifying third parties who may be liable for your losses, in order to maximize the compensation for your injuries.
Resolving Your Case: Hometown Service With Big City Results
Our staff is dedicated to the timely and cost-effective resolution of your workers’ comp claim. Once we take your case, we will assign a case manager who will provide you with frequent case updates and status checks. We want to ensure that you have the latest information so you can make decisions based on the best options available. We maintain a team of legal professionals who will work closely with you throughout your case to:
- Evaluate the merits of a case and choose the best course of action
- Investigate your claim to secure maximum benefits (often more than what the insurance company was offering)
- Deliver medical bills directly to the insurance company to avoid collection
- Assist in stopping creditor harassment to protect your credit rating
- Ensure the prompt delivery of benefits checks and recover missing or delayed checks
Free Consultation With A Work Injury Lawyer
We realize that few people have the legal knowledge and financial resources to appeal a workers’ comp denial. That is why we offer a free initial consultation and contingency fee arrangements. You will pay no attorneys’ fees unless we recover benefits from your employer and the workers’ comp insurance company. If you have been denied Illinois worker’s compensation benefits after an accident or illness on the job, contact our work injury attorneys at Taradash Johnson Janezic today for sound legal advice and aggressive representation: 815-669-4635.
Common Questions About Illinois Workers’ Compensation
The McHenry workers’ compensation lawyers at Taradash Johnson Janezic focus on helping injured workers get maximum compensation and benefits after an on-the-job accident. The following are answers to some of the most frequently asked questions we get regarding Illinois workers’ compensation laws.
How do I file a workers’ compensation claim?
Injured workers are generally required to promptly notify the employer or manager about any work-related injuries or illnesses within 45 days of the accident, injury or illness. Your employer should then help you file a claim with the employer’s workers’ compensation insurance carrier.
How long do I have to file a claim?
State workers’ compensation laws in Illinois specify that employees should notify their employers of an injury:
- As soon as practicable, within 45 days of an accident
- Within 90 days of radiological exposure
- In the case of an occupational disease, as soon as the injured worker becomes aware of the condition (such as back or neck pain caused by repetitive lifting of heavy loads)
Once an employee has made this report, the employer or the employer’s workers’ compensation insurer should cooperate by advising the employee on how to get medical treatments paid and filing a claim with the employer’s worker’s compensation insurance provider.
What if an employer refuses to file a workers’ comp claim?
Once an employer has been notified in a timely manner about the injury, that employer should initiate a claim with its insurer and/or begin making payments to the injured employee. If the employer or the employer’s insurer does not pay as required, the employee or his or her attorney should ask the employer why benefits are not being paid. If the employer (or the employer’s workers’ compensation insurer) still does not pay any benefits, the employee can file a claim at the Illinois Workers’ Compensation Commission, which should respond if the employee follows the procedures to request a hearing.
What should I do if my employer’s insurance carrier denies or reduces my claim?
If your employer or its insurance carrier fails to provide workers’ compensation benefits following an on-the-job accident, or if it reduces the amount of the benefits, you may want to file a claim with the Illinois Workers’ Compensation Commission (IWCC). You, as the injured worker, will be required to prove that you are entitled to the requested workers’ compensation benefits. If there is a dispute between you and your employer about the claim, an arbitrator with the IWCC will conduct a trial and issue a decision within 60 days.
Can I file a lawsuit against my employer?
Workers’ compensation laws prohibit an injured worker from filing a lawsuit against his or her employer in most cases. Workers’ compensation laws do not preclude lawsuits against negligent third parties, however. For instance, if a factory worker is injured while on the job as a result of defective equipment, the injured worker may be able to seek personal injury damages from the equipment manufacturer. Similarly, if an employee is injured in a work-related car accident, he or she may be able to recover compensation from the negligent motorist.
What is the process of a workers’ compensation claim?
In a nutshell:
- An injured worker should get first aid or emergency medical care if necessary and notify the employer of the time and place of the accident.
- The employer or the employer’s workers’ compensation insurer should advise the injured person of any limitations or direction as to where to get medical care.
- If the worker must miss work for more than three days, the employer or the employer’s insurer should begin making temporary total disability (TTD) payments to the injured, absent employee.
- If the employer or its insurer refuses to pay for necessary treatment or to provide TTD payments, the injured worker may file a claim with the state’s workers’ compensation commission.
- The parties should then follow established processes for resolving the dispute.
How long does the workers’ compensation claim process take?
In normal circumstances, arrangements and provisions for medical care should begin as soon as the employee reports the injury to the employer. TTD payments should begin after a worker has missed work for three days or longer.
If a dispute develops and legal action becomes necessary beyond making a report to the employer, the resolution time may vary. Once a disputed case is resolved in an employee’s favor, a lump-sum payment of back benefits should come to the injured employee promptly. If the disability continues, the workers’ compensation insurer may offer the employee a settlement in place of ongoing monthly payments. Timelines vary. For efficiency and best results, work with an experienced, results-oriented local attorney with a strong track record.
What workers’ compensation benefits are available?
Illinois workers’ compensation laws provide for the following benefits, depending on the extent and nature of the employee’s injury or illness:
- Medical and rehabilitative expenses
- Temporary total disability benefits equal to two-thirds of the employee’s average gross weekly wage if the employee is unable to work while recovering
- Temporary partial permanent disability benefits equal to two-thirds of the difference between the average amount the worker would be able to earn in his or her pre-injury job and the net amount he or she earns in a light-duty job while recovering
- Permanent total disability benefits if there is a loss of use of a part of the body
- Vocational rehabilitation
How much does it cost to pursue a workers’ compensation claim?
Filing a workers’ compensation claim comes at no cost to you. At Taradash Johnson Janezic, we provide legal services to injured workers under a contingency fee basis and only collect fees once you have obtained compensation or benefits.