Chicago's Leading Workers’ Compensation Firm

Over $500 Million Recovered for Injured Workers

Since 1995, Leonard Law Group has recovered more than $500 million on behalf of our clients. This level of success is a tribute to the quality of work and representation we devote to each and every case. To learn more about our firm, don’t hesitate to contact us. With free second opinions and Spanish speaking services available, we strive to provide our client's with convenience.

How Do I File for Workers' Comp?

Every year in Illinois there are between 38,000 and 45,000 workers' compensation claims filed for traumatic injuries, repetitive injuries, and mental stress injuries. These applications are filed at the Illinois Workers' Compensation Commission located at 100 W. Randolph St.

The state of Illinois has a no-fault system and is only concerned with whether the injury or injuries arose out of and were in the course of the employee's work duties. If this burden can be satisfied, then the injured worker may qualify for benefits.

How Leonard Law Group Can Help

To have the advantage in your case, and in turn, avoid being taken advantage of, it’s beneficial to seek the skilled representation of a skilled workers' comp attorney. Leonard Law Group currently represents over 800 injured workers in the Chicago area. Our practiced workers’ compensation lawyers have handled more than 10,000 claims with great success. We are passionate about ensuring that our clients get the representation they need in order to secure the results they deserve.

Please contact Leonard Law Group at (312) 487-2513. We offer free second-opinion case reviews and offer Spanish-speaking services for client convenience.

Appealing a Denied Workers' Comp Claim

Believe it or not, it’s not uncommon for workers’ comp insurance companies to deny a legitimate claim. After all, these businesses make money by collecting premiums, not distributing compensation. Insurance companies will use any excuse to keep from covering your injury. However, you do have another course of action—filing an appeal.

In the state of Illinois, you have a right to appeal the denial of your claim. In order to do so, you must show evidence countering the reasons for the denial. The process can be quite complicated, which is why you need the assistance of an excellent Chicago workers’ compensation attorney. A good lawyer will not only know what papers to file and where to send them, but they will know the deadlines for each one. Every state has a statute of limitations that puts a restriction on the amount of time you have to file a workers’ comp claim; however, there are also deadlines for the appeals process.

What Is Needed to File an Appeal?

In order to begin, you must submit an application for "adjustment of claim." This must be submitted with proof that the employer has been served with a copy of the application. Then, you must request a hearing with the arbitrator working with the Illinois Workers’ Compensation Commission. This hearing is your opportunity to present evidence that the denial was a mistake.

If you have sufficient evidence, the next step is requesting a trial. The arbitrator will seek to resolve the dispute during the trial and will issue his or her decision within 60 days of its conclusion. Having a good attorney on your side will allow you to present your case in an orderly and well-argued way. Lawyers have extensive training in presenting and explaining evidence in a court of law, including the legal terminology necessary to present a well-argued case.

What If My Appeal Was Denied?

If your claim is still denied, you can appeal the arbitrator’s decision with a Petition for Review with the Workers’ Compensation Commission within 30 days. A panel of 3 commissioners will then review the petition and make a decision within 60 days regarding your case. Another denial can be appealed via the Circuit Court, Appellate Court, or even the Supreme Court of Illinois.

Each step will become progressively harder and will require the support of experienced legal counsel. Make sure you are represented by the best. Our attorneys have handled more than 7,500 claims successfully for injured workers all over the state. Trust us to advocate for you.

Contact us at (312) 487-2513 or fill out our online form to schedule a free case consultation. We look forward to fighting for your rights.

Is Workers’ Comp Taxable Income?

Generally speaking, workers’ compensation benefits are not taxable. This includes both the state and federal level. However, there may be some exceptions to this, including individuals who receive compensation alongside other benefits such as Social Security Income or Social security disability insurance.

If your combined compensation meets a certain threshold, the Social Security Administration (SSA) may need to offset the workers' compensation benefits by reducing other benefits. The difference between the amounts you get from each income may be taxable. However, most people who receive both SSD and workers’ compensation typically don’t owe taxes.

Understanding Workers’ Compensation Liens

Section 21 of the Illinois workers' compensation act governs liens on workers' compensation cases. As a general rule there are no liens in workers' compensation cases. However, an exception exists if there is unpaid child support owed. If this is the case and the insurance company or employer is properly served and notified of the child support lien, it is enforceable against the injured workers TTD checks and settlement. Recent Illinois case law has also found enforceable liens against an injured worker’s settlement by the Illinois Department of Public Aid.

Workers' Comp Penalties Against Employers

Section 19 of the Illinois Workers' Compensation Act governs the award of penalties against the employer. Two provisions, 19(k) and 19(l) may become relevant depending on the conduct of the employer in defending the injured workers claim.

  • 19(l) penalties take the form of late fees for delay in payment of an award after trial or in paying TTD benefits. 19(l) takes the form of a late penalty against the employer, computed at $30 a day with a maximum of $10,000.
  • 19(k) penalties require a finding of vexatious conduct on the part of the employer in defending the claim. These penalties require a finding on the part of the employer of bad faith. 19(k) penalties are computed at 20% of disputed medical, 20% of the disputed TTD withheld, and in some rare cases 20% of the prospective medical not approved by the employer once the costs of that medical are determined.

Workers’ Compensation Settlements

There is no provision of the Illinois workers' compensation act that guarantees the injured worker a settlement following the conclusion of medical treatment. The belief that the insurance company or employer will offer you a settlement may be a mistake. Often times once medical treatment has concluded the insurance company or employer will simply close the claim.

The value of a claim depends on the following factors:

  • Permanent partial disability sustained
  • Ability to return to work full-duty
  • Wage loss or earning impairment incurred, if any
  • Ability to return to any type of gainful employment

Our Firm Gets Results. Start Today with a Free Consultation.

Leonard Law Group is backed by decades of collective experience in the field of workers’ compensation. We handle cases for workers of all industries with professionalism and personal attention. Already with a firm, but unsure of the quality of your representation? Don’t hesitate to get a free second opinion from our established workers' compensation lawyers. We have a reputation throughout Chicago and all of Illinois as top workers’ compensation attorneys.

Injured on the job? Find out what your legal options are by contacting Leonard Law Group.

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