Workers’ Compensation

Injured at Work?

Workers’ compensation law, especially Chicago workers’ compensation and Illinois workers’ compensation, are Attorney Michael Favia’s focus.

Attorney Michael Favia is an outstanding Chicago workers’ compensation lawyer. His knowledge of workers’ compensation law has been accumulated through 25+ years of practice. His keen understanding of Illinois workers’ compensation law gives this Chicago workers’ compensation attorney an advantage in planning strategies to win your case.

According to Illinois workers’ compensation law, workers deserve to be compensated for:

  • Injuries
  • Disabilities
  • Lost wages
  • Medical expenses
  • Loss of capacity to enjoy life and
  • Inconvenience

Attorney Favia has helped clients obtain the best possible results in Illinois workers’ compensation cases.

Illinois Worker’s Compensation Information

What is workers’ compensation?
Workers’ compensation is a system of benefits provided by law to most workers who have job-related injuries or diseases.  These benefits are paid regardless of fault.  The amount of the benefits is limited by law.

Who is covered?
Almost every employee who is hired, injured or whose employment is localized in the state of Illinois is covered by workers’ compensation.  These employees are covered from the moment they begin their jobs.

Who provides the benefits?
The employer is responsible for providing benefits.  The employer pays the benefits either directly or through a service or insurance company that administers the program for the employer.  No part of workers’ compensation insurance premium or benefits can be charged to the employee.

For what injuries and diseases are benefits paid?
In most instances, workers’ compensation benefits are paid for actual injuries that are caused, in whole or in part, by the employee’s work.  Workers may also be compensated for aggravation of a pre-existing condition.

Injuries are accidental if they happen unexpectedly, without plan or design.  This includes injuries brought on by the repetitive use of a part of the body, as well as strokes, heart attacks, or any other physical problem caused by work.

Injuries suffered in employer-sponsored recreational programs (e.g., athletic events, parties, picnics) are not covered unless the employee is ordered by the employer to participate.  Accidental injuries incurred while participating as a patient in a drug or alcohol rehabilitation program are not covered.

What benefits are provided?
A.  Medical Care Benefits
The injured employee is entitled to receive all necessary first aid, medical, surgical, and hospital services reasonably required to cure or relieve the effects of the injury or disease.  Where necessary, the employee is also covered for vocational rehabilitation.

B.  Temporary Total Disability Benefits.
Employees who must lose time from work in order to recover from the injury or disease are entitled to receive weekly payments until they are able to return to work that is reasonably available to them.  The payments represent two-thirds (66 2/3%) of the employee’s average weekly earnings during the year before the accident or last exposure, subject to certain limits.

C.  Permanent Disability, Disfigurement and Death Benefits
When the employee has sustained an injury or disease which results in permanent disability, scarring, or other disfigurements, additional benefits are provided to the employee.  If the injury or disease results in the employee’s death, certain members of the employee’s family are entitled to benefits.

Can an employee be fired because he or she reported an accident?
It is against the law for the employer to harass, discharge, refuse to rehire or in any way discriminate against an employee for exercising his or her rights under the Workers’ Compensation or Occupational Disease Act.

Are workers’ compensation benefits subject to income tax?
No.  Workers’ compensation payments are not subject to state or federal income tax and need not be reported on returns as income.

Who should the injured worker notify?
The employee must inform the employer promptly.  Any delay in the notice to the employer can delay payment of benefits; a delay of more than 45 days may result in the loss of all benefits.  Notice to a fellow worker who is not a part of management is not considered notice to the employer.

What if an employee does not receive the benefits provided by law?
The employee may contact the employer or the employer’s representative directly.  Failure to communicate may result in confusion or misunderstanding.

The employer and employee may also contact the Industrial Commission for more information.  If a dispute remains unresolved, a claim should be filed with the Industrial Commission.

What should the employee and employer know about retaining an attorney?
Both the employer and employee may retain legal counsel and frequently do.

Our attorney fee is 20% of the amount of the compensation recovered unless additional fees are allowed by the Commission after a hearing.  We will not charge a fee on TTD benefits unless the employer fails to pay these in a timely manner or in the proper amount; or unless the employer stops paying such benefits, and payments are obtained or reinstated through the efforts of the attorney.

Contingent Fee Plan

No attorney’s fee unless you receive compensation. That’s right! The Chicago law firm of Attorney Michael Favia accepts personal injury, car accident, worker compensation, general accident, and civil litigation cases on a “contingent fee” basis. The fees are contingent upon the outcome of the case. If the client receives compensation, the attorney will receive an agreed-upon percentage of the award as his attorney’s fee. However, if the client does not receive compensation, the attorney receives no fee for his professional services.

The percentage charged ranges from 20% to 40% depending upon the type of case and whether it is settled early, goes to trial, or is settled just before trial.

The contingency fee enables ordinary people – who simply could not afford legal fees – to receive the best possible legal representation in their case.

In addition to attorney’s fees, there are litigation costs such as filing fees, fees for medical records, expert witness fees, etc. which are not contingent upon the outcome of the case and must be charged to the client. Attorneys are permitted to advance (loan) these costs to the client. The total costs are then deducted from the client’s share of the compensation at the conclusion of the case.