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Aurora Workers Compensation Attorney

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Michael Agruss

Written and Reviewed by Michael Agruss

  • Managing Partner and Personal Injury Lawyer at Mike Agruss Law.
  • Over 20 years of experience in Personal Injury.
  • Over 8000+ consumer rights cases settled.
  • Graduated from the University of Illinois Chicago School of Law: Juris Doctor, 2004.

If you are an Aurora, IL employee who has been injured on the job, you may be eligible to receive worker’s compensation benefits. Workers’ compensation is an employment insurance benefit program that helps pay a person’s medical expenses and lost wages that might have accumulated as a result from a work-related injury or illness. You must file a claim to receive Illinois workers’ compensation benefits.

An experienced Aurora workers’ compensation attorney can help you with the legal issues involved with the claims process. The legal team at the Mike Agruss Law represents injured workers through the claims process and can help you receive maximum compensation for your injuries. Contact our Aurora personal injury firm today to request a free consultation about your case.

Worker’s Compensation Benefits in Aurora, Illinois

Illinois law requires employers to maintain workers’ compensation insurance that will cover the cost of injuries if an employee is injured or falls sick while on their job.  A worker is entitled to worker’s’ compensation benefits on their very first day of work.  There are some exclusions to the law, however.  For instance, the Illinois workers’ comp law does not require sole proprietors, independent contractors, business partners, corporate offices, or members of LLCs to participate.  Although these classifications are not mandated to have workers’ compensation under Illinois law, they may still elect to participate in benefits.  You can visit this site to verify your employer’s workers compensation insurance coverage.

Illinois Worker’s Compensation Cases

If you have suffered an injury during your job duties, you are entitled to file a worker’s compensation claim to cover the costs of medical treatment and lost wages.  Most employees, whether they are construction workers or part-time secretaries, will be entitled to receive benefits for any occupational disease or work injuries.  In fact, it is reported that 91% of Illinois workers are eligible for worker’s compensation.  If you have been injured, you must notify your boss and file a worker’s compensation claim to receive benefits.

You may want to hire a Aurora workers’ compensation lawyer to ensure you file your claim correctly and receive the full benefits you are entitled to.  The personal injury attorneys at the Mike Agruss Law help clients recover compensation for work-related injuries. Contact us today for a free consultation on the legal process for filing an Aurora, IL workers’ compensation claim.

What to do after a Work Injury in Aurora?

The first thing you should do is seek professional medical care after any workplace injuries.  You must get appropriate medical care and take care of your well-being.  Additionally, you will need proof from a doctor that you had medical treatment for all injuries sustained while performing your job duties.  A doctor will be able to provide information to support your worker’s comp claim, such as documentation of any temporary disability or permanent injuries suffered.  Your doctor will also be able to provide the estimated cost of your medical bills. This will help determine your worker’s comp weekly cash benefits.

How Injured Workers File Workers’ Compensation Claims

After you have received medical assistance and have confirmed an illness or injury, you must notify your boss.  All injured workers are required by Illinois workers compensation law to notify their employer of their injury.  You must notify your boss or employer within 45 days of the day of the injury. Next, your employer must accept or deny the claim within 14 days.  It is wise to keep checking on the status of your claim with your boss or HR.

If you have been denied a claim by your employer or their insurance company, then you must submit a claim to the Illinois Workers’ Compensation Commission.  There, you will request a hearing in front of a neutral arbitrator to rule on your workers’ comp claim.  While it is not mandatory, a workers’s compensation lawyer will be able to help you with legal representation for the arbitration.  The workers’ compensation lawyers at the Mike Agruss Law are well acquainted with the arbitration process.

Deadline For Filing Workers’ Compensation Claims

Suppose your employer has either denied or failed to respond to your worker’s comp claim within 14 day. In that case, it is time to consider filing a workers’ comp claim directly with the Illinois Workers’ Compensation Commission (IWCC).  Make sure you have written notice of the denial from your place of employment before you begin to file your claim with the state.  Under Illinois law, you have three years to file a workers’ comp claim with the IWCC.  However, you may want to start your claim as soon as possible to start receiving benefits.

How Aurora Workers’ Compensation Claims are Processed

Workers’ comp benefits will help with medical bills and lost wages after a workplace accident, however in some cases, the benefits paid out may not be enough to cover the full extent of an injured worker’s losses.  The IWCC will hold an arbitration, which is a hearing on whether or not they believe you have been injured and are entitled to worker’s compensation benefits.  While they try to schedule hearings in a timely manner, it can sometimes take many months before you even get a date.  However, you can still negotiate in settlement talks with the other side until the hearing.  Reach out to one of our Aurora workers’ compensation attorneys to learn more.

Once you file a worker’s compensation claim, you will be barred from filing a lawsuit against your employer, however, you may be able to pursue a third-party liability claim.  A third-party liability claim is a personal injury claim against a third party (someone who is not your employer) who was negligent and contributed to your workplace injury. However, you legally must file a personal injury claim within two years after the injury occurs. This is the Illinois Statute of Limitations law, which limits the time in which a person can file a lawsuit.   After the 2-year deadline, you will be prevented from filing a claim.  The Mike Agruss Law has decades of experience in personal injury cases in Aurora, IL.  Talk to our lawyers to learn more about how to pursue a third-party claim to receive full financial recovery.

Aurora Workers’ Compensation Lawyers

It is always best to consult with a workers’ compensation lawyer to ensure you receive all the benefits that you are entitled to. The Mike Agruss Law has decades of experience resolving workers’ compensation cases.  We serve clients in:

  • Cook County
  • Dekalb County
  • Dupage County
  • Kane County
  • Kendall County
  • Throughout all of Illinois

Our workers’ compensation lawyers are ready to work on your case today!

Call an Aurora attorney for a Free Workers’ Compensation Case Evaluation

The Aurora workers’ compensation lawyers at Agruss Law know how to represent injured workers.  We have successfully represented injured Illinois workers for decades.  Unfortunately, workplace accidents occur too often.  Whether you have suffered a temporary injury or a permanent disability, you are entitled to worker’s compensation benefits.  Navigating through the workers’ comp claim process can be tough, especially if you are not feeling well.  We can help you recover the medical benefits and lost wages you need to get back on your feet.

We serve clients throughout the state in all areas of workers’ comp and personal injury law.   Our law offices work on a contingency fee basis, meaning we do not get paid unless we win your case.  Additionally, we offer free consultations.  Contact us to discuss your work injuries eligible under workers’ compensation law. Together, we can help you get back on the right track.

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Submitted Comments

3 weeks ago
Workman\'s comp looking to see if I have something worth looking into.