Workers' Compensation Practice Center

Strong Workers' Compensation Representation

People who are injured at work are entitled to seek workers' compensation benefits under the Illinois Workers' Compensation Act. There are specific requirements that have to be met, though, and the process can be quite complex.

Having an experienced workers' compensation lawyer on your side can be invaluable. An attorney will help you ensure that the entire process goes smoothly and that your rights are protected throughout the process. At the Law Office of Amato & Sheen, P.C. in Sycamore, Illinois, we represent clients across DeKalb County and northern Illinois in a variety of workers' compensation claims.

Contact our office today to learn more about our services and how we can help you with an initial claim for work comp benefits or to appeal the denial of an application.

History

The idea for workers compensation originated from the industrial revolution in Germany, which took place during the 1800s. New technology created new jobs, and brought new dangers to the workplace. Mass production of goods and mass transportation,such as railroads, involved new machinery, factories, and workplace hazards. Awareness of these dangers spread, and led to the introduction of workers compensation legislation.

With the industrial revolution, the idea of workers compensation law spread across Europe and to the United States, which started with state workers compensation laws through the 1920s. Today, most workers compensation laws are at the state level, but federal employees and those in certain industries are protected under federal workers compensation laws.

Workers compensation is an alternative to a court case and usually provides faster, better and less costly results for all parties involved. Prior to the introduction of workers compensation law, most American employees could not afford the time or money that a lawsuit against an employer would require. When an employee did bring a lawsuit against an employer, the one of three defenses usually got them off the hook. An employer could claim that a co-employee had been negligent or was responsible, the injured employee had been negligent and was responsible, or that the employee had accepted the risks of the job by accepting the job in the first place.

Theory

In order for workers compensation to work, most states require that employers either carry workers compensation insurance, self insure, or contribute to state-run workers compensation funds. There is some debate over where the funding for workers compensation comes from. Whether a company charges its customers more or pays its employees less, workers compensation is meant to benefit everyone involved and to serve as an incentive to employers to create a safer workplace.
Workers compensation is meant to provide a quick solution to work related injury or illness to both the employer and the employee, without regard to fault. The employee gives up their right to sue the employer for the illness or injury in exchange for immediate monetary compensation for lost wages, medical benefits and in some cases, other benefits. The employee is compensated without the time or monetary requirements of a trial, and the employer does not have to worry about defending against a lawsuit.

Negligence

Although workers compensation can be an incentive for employees to create and maintain safer workplaces, there are extreme cases where an employer is obviously at fault. In many states, an employee may bring a lawsuit against an employer’s negligence has caused an employees injury or illness. A lawsuit against a third party is also possible if the third party acted negligently and contributed to an injury or illness in the workplace, perhaps if they provided unsafe or malfunctioning equipment to the employee.

Contact an Attorney

The skilled and experienced workers compensation attorneys at Amato & Sheen, P.C. in Sycamore, Illinois are available to answer any questions you have and get started with your workers compensation claim.

Workers' Compensation Resource Links

AFL-CIO Federation of 54 labor unions provides information on workers' compensation and links to information on occupational health and workers' rights.

Bureau of Labor Statistics (BLS) Provides statistics and articles on injuries, illnesses and fatalities in the workplace from the federal government's labor statistics agency.

Job Accommodation Network (JAN) A free consulting service for workers with disabilities and their employers from the US Department of Labor that provides information about job accommodations, the Americans with Disabilities Act (ADA) and the employability of people with disabilities.

Legal Information Institute Overview of workers' compensation law from Cornell Law School.

National Institute for Occupational Safety and Health (NIOSH) Provides comprehensive information on workplace injuries from a division of the Centers for Disease Control and Prevention (CDC).