Many jobs put you at risk of a painful and debilitating back injury. Not only do you need costly medical care for pain management and rehabilitation of the injury, but many back injuries also keep people out of work, causing them to lose income. While workers’ compensation should cover your medical bills and partial lost earnings, too many workers go home with much fewer benefits than they deserve.
You need a Chicago workplace back injury lawyer from McCready Law to support your rights under state law. Call today for a free case review and discussion with an attorney.
In this state, employers are required to carry workers’ compensation insurance. This coverage pays for medical bills, lost wages, and, in some cases, vocational retraining if an injury prevents an individual from returning to their old job. The law even covers aggravation of a pre-existing back condition, as long as their job contributed to worsening it.
However, there are strict deadlines. An individual would need to report their injury to their employer within 45 days. After that, the injured worker in Chicago or their back injury attorney in Chicago must file a formal workers’ compensation claim within three years of the injury or within two years of the last payment of benefits, whichever is later. If they miss this deadline, they lose the right to benefits.
There is no need to prove that an employer was negligent, but the person does need to show a direct connection between their job and their injury. The insurance company that handles the employer’s workers’ compensation insurance policy might try to blame the injured person’s pain on normal aging or an old injury.
Not every injury at work qualifies for workers’ compensation in the state. Injuries caused by horseplay, fighting, or doing something unrelated to the job are usually not covered. If an individual were breaking a rule or violating company policy when they got hurt, their workers’ compensation claim could be denied.
In one case, the Illinois Supreme Court ruled that a work injury was not compensable because the activity had nothing to do with the person’s job duties. Courts have also denied claims for injuries that happened off-site during lunch, while commuting, or at voluntary work events, such as the office holiday party.
If the cause of the injury is called into question, it could eliminate a person’s benefits altogether. This means they need the right attorney handling their claim.
There is no uniform value for a workplace back injury lawsuit in Chicago. An individual’s compensation depends on several factors, including the following:
For example, a mild sprain that heals in a few weeks might be worth a few thousand dollars. A spinal fracture or herniated disc requiring surgery could result in settlements or verdicts well into six or seven figures.
Some cases involving paralysis or total disability may be worth several hundred thousand dollars or more.
Michael McCready earned his law degree from Illinois Tech’s Chicago-Kent College of Law and has practiced personal injury law in the state since 1992. He is a member of the Million Dollar Advocates Forum and has been recognized as a Super Lawyer.
With offices throughout the region, a Chicago workplace back injury lawyer from McCready Law is well-equipped to get you the maximum compensation possible. Contact us now to get started.
