Workers’ Compensation Attorneys in Naperville
Chicago Area Work Injury Lawyers
Our Naperville attorneys are here to help you and can point you in the
right direction to find a workers’ compensation lawyer or to help
you if your employer terminates you for filing a workers compensation claim.
It is illegal in Illinois for an employer to retaliate against someone
who files for workers compensation. In fact, even if someone suffers an
on-the-job injury and a workers compensation claim is anticipated, it
may be illegal to fire the worker. Likewise, if someone is fired for taking
FMLA leave, that also can be illegal. The law protects the rights of employees
who have workplace injuries.
If you have been fired because of your workplace injury, contact
The Fish Law Firm online or by calling
The Illinois Workers’ Compensation Statute
In Illinois, the Workers’ Compensation statute is in place specifically
to protect employees from work-related injuries. Under the statute, an
employee who is injured at the workplace while performing work duties
is entitled to medical care for their injury so long as the employee makes a claim.
The statute requires most employers to purchase workers’ compensation
insurance to pay for work-related injuries that may occur and, thus, almost
every employee in Illinois is covered by workers’ compensation from
the moment they begin working. Importantly, the Illinois workers’
compensation statute is a no-fault system, meaning the injured party does
not have to prove the employer was negligent or at fault prior to becoming
entitled to compensation.
Employees who are uncomfortable about filing a workers’ compensation
claim with their employer may take comfort in the fact that workers’
compensation claims benefit both the employer and the employee. That is,
when an employee files a workers’ compensation claim, he agrees
not to file a lawsuit against their employer for their work injury in
return for receiving compensation benefits. In fact, employers are not
harmed because it is not the employer who pays the expense, but the employer’s
workers’ compensation insurance.
On the other hand, employees benefit because when they file a workers compensation
claim, they may be entitled to payment for their medical bills, eliminating
most, if not all, out-of-pocket expenses. Furthermore, if an employee
is injured to the where they are unable to work following the workplace
injury, a workers comp. claim may allow the employee to get 2/3 of their
average weekly wages until they are able to return to their position following
their workers compensation claim. Finally, because Illinois is a worker-friendly
state, employees may also receive payment for the permanency of their
injuries depending on the workers compensation claim.
Call us at
(630) 364-4061 for your initial case review.