At Howard & Nemoy, we focus a large part of our practice on helping injured workers with their Illinois and Chicago workers copensation claims.
Our workers comp lawyers have a notable record of success assisting clients with claims involving accidental injuries, work-related death, occupational diseases, and repetitive motion injuries. We work diligently to help our clients learn their full legal rights while understanding their needs and fears with such proceedings.
Personal injury cases are usually third-party common law cases. According to workers comp law, there are three conditions that you need to prove as a plaintiff in order to win your case and recover money:
A duty was owed to you
The party you’re bringing the claim against breached that duty
There is a causal connection between the breach of that duty and the damages that you sustained and the injuries you are complaining of
Once these conditions are met, you have to prove the nature and extent of your damages or the dollar amounts to which you are entitled.
Illinois worker comp law
A case involving Chicago worker compensation will focus on proving that the injuries were sustained in the course and scope of the worker’s employment.
Once that prerequisite is established, you must then show that there is some permanent injury sustained and that you can fit the extent of that injury into the statutorily established patterns for recovery.
Chicago worker compensation laws use a schedule of likely compensation amounts (in weeks of compensation) for each part of the human body and the percentage of disability that the injury caused.
A week of compensation is based on the worker’s average weekly wage, excluding overtime, for the 52-week period immediately preceding the date of the injury.
Figuring the amount for workers compensation is a very predictable process and usually goes more quickly and smoothly than regular third-party tort litigation.
However, cases settled under Illinois and Chicago workers compensation laws generally get smaller awards than personal injury tort cases do, even when the worker has sustained a very serious injury.
Generally the recoveries for people that bring third-party, common-law tort cases are considerably more than those of even a seriously injured claimant in a workers compensation case.
- More workers compensation information
- Misconceptions
- What you can do
When wrongful conduct of another causes you serious injury or results in the death of a loved one.We will put our legal team to work for you. We have a law firm of attorneys available experienced in Chicago workers compensation law for your needs.
More information:
Workers comp – General
Misconceptions
What You Can do
