If you were hurt on the job in Chicago, you may qualify for workers' compensation benefits and possibly a separate injury claim. Missed paychecks, medical bills, and worries about keeping your job can pile up fast, and insurers do not always explain your rights. A Chicago workplace injuries lawyer at Herbert Rosner Connelly Law Firm can identify the claims that may be available to you.
Our team handles the paperwork, deadlines, and insurer disputes in workers' compensation, third-party, and railroad injury claims so you can focus on healing. We explain each step in plain language so you know where your claim stands.
Herbert Rosner Connelly Law Firm is a Chicago personal injury and workers' compensation firm built around injured workers and their families. Founding partners Daniel Q. Herbert, Adam R. Rosner, and Thomas M. Connelly lead a team that handles benefit claims and injury lawsuits alike.
Our results include a $50 million settlement for a railroad worker seriously injured on the job, a $9 million premises liability settlement, and a $3 million settlement against a trucking company and freight broker. Past results do not guarantee a similar outcome.
After a work injury, our team can:
Private employers in Illinois reported 91,600 nonfatal injuries and illnesses in 2024, according to the U.S. Bureau of Labor Statistics. That equals 2.2 cases for every 100 full-time workers, with the highest rate, 3.1, in trade, transportation, and utilities.
Fatal injuries also increased. Illinois recorded 156 fatal work injuries in 2024, up 7.6% from 145 in 2023. Behind these statewide numbers are families facing medical bills and lost income.
Many injured workers have more than one path to compensation, depending on who caused the injury and the work they do.
Most Illinois employees are covered by the Illinois Workers' Compensation Act from their first day on the job, according to the Illinois Workers' Compensation Commission. Benefits are generally paid regardless of fault. In exchange, 820 ILCS 305/5 generally prevents you from recovering damages from your employer beyond these benefits.
Our Chicago workers' compensation attorneys handle these claims from the first notice through IWCC hearings.
When someone other than your employer caused the injury, you may also pursue a negligence claim against that party. Possible defendants include careless drivers, subcontractors, property owners, and makers of defective equipment. Under the same statute, your employer may be reimbursed from that recovery for benefits it paid.
Railroad workers may have a claim under the Federal Employers' Liability Act (FELA). Under 45 U.S.C. § 51, a railroad engaged in interstate commerce can be liable when its negligence caused an employee's injury in whole or in part. We also handle FELA railroad injury claims for rail yard and track workers.
An employer that knowingly fails to maintain required workers’ compensation coverage may lose important protections under the Act. An injured employee may have the option to pursue a civil action instead of proceeding solely through the Commission.
A denial does not necessarily end your workers’ compensation claim. Employers and insurers may dispute whether the injury was work-related, whether you gave timely notice, whether treatment is necessary, or whether you were properly classified as an employee.
If benefits are denied, the dispute can be brought before the Illinois Workers’ Compensation Commission. Medical records, witness statements, work records, and other evidence can help support your claim.
True independent contractors generally are not covered by Illinois workers’ compensation in the same way employees are. However, simply calling a worker an “independent contractor” does not necessarily settle the issue.
Illinois looks at the actual working relationship, including factors such as how much control the company exercises over the work, how the worker is paid, who provides equipment, and whether the worker operates an independent business.
Misclassification can be especially important for construction workers, delivery drivers, temporary laborers, and some gig workers. If your employer says you are an independent contractor, your actual job arrangement should be reviewed before assuming you cannot seek workers’ compensation benefits.
Case value depends on which claims apply, your earnings, and the severity of your injuries. Workers' compensation benefits follow formulas tied to your average weekly wage. Under 820 ILCS 305/8, temporary total disability generally pays 66 2/3% of that wage, subject to state limits.
A third-party claim is based on the evidence of your actual losses, including future care and lost earning capacity. Any recovery may be reduced by the employer's lien. We review your medical records, pay history, and long-term outlook before discussing value.
Each type of claim covers different losses, and compensation may include the following.
Workers’ compensation does not separately compensate an injured worker for pain and suffering. A third-party or FELA claim may allow recovery for non-economic losses, depending on the circumstances.
An IWCC-approved settlement contract generally ends your right to future cash and medical benefits, even if your condition worsens. Before you sign anything from your employer or its insurer, call Herbert Rosner Connelly Law Firm. We can review the offer and explain your options during a free case evaluation.
Because Illinois workers' compensation is a no-fault system, benefits generally do not depend on who caused the accident. Even if your employer says you made a mistake, you may still qualify for benefits.
Third-party claims follow the modified comparative fault rule in 735 ILCS 5/2-1116. You can recover damages if you were 50% or less at fault, but your award is reduced by your share of fault. For example, a worker found 20% at fault with $100,000 in damages could recover $80,000.
If you are found more than 50% at fault, the law bars recovery. We gather evidence to challenge unfair blame.
Work injuries range from sudden trauma to conditions that develop over months or years. We represent Chicago workers with injuries such as:
Our team documents both your current limitations and your future care needs.
The same BLS data shows which events caused the most Illinois work deaths in 2024:
Truck transportation accounted for 25 of those deaths, and construction accounted for 26. If you were hurt on a job site, our experience with construction accident claims can help identify negligent contractors or equipment makers.
Taking these steps early can help protect your benefits:
Employers cannot legally harass, fire, refuse to rehire, or discriminate against you for exercising your workers' compensation rights. That conduct may support a separate lawsuit in circuit court.
Workers' compensation does not require proof of negligence, but you still carry the burden of proof. According to the IWCC, an injured worker must show the following:
A third-party claim requires evidence that another party failed to use reasonable care and caused your injuries. We gather incident reports, video footage, maintenance records, and witness statements to show what went wrong. Under FELA, the railroad's negligence only needs to play a part in causing the injury.
Several deadlines may apply at once, and missing one can end a claim. Key time limits include:
Some occupational diseases and other cases follow different time limits. If you do not file a third-party case in time, your employer may file one in the final 3 months before the deadline expires. Calling early gives our team time to preserve evidence and protect your options.
You should not have to sort out benefits, deadlines, and insurance disputes alone while you heal. A Chicago workplace injuries lawyer at Herbert Rosner Connelly Law Firm can review your situation, explain your options, and handle the legal work. Illinois law generally limits attorney fees in workers' compensation cases to 20% of the compensation recovered.
Call us today or use the contact form on our site to schedule your free case evaluation. Our office is at 65 W. Jackson Blvd., Box 223, in downtown Chicago.
