Romeoville Workers' Compensation Lawyer

Attorney for Maximum Workers' Compensation Benefits in Romeoville, IL

Unfortunately, instances of workers' compensation fraud have made it more difficult for those with legitimate claims to get the benefits they deserve. Estimates put the number of fraudulent workers' comp claims at about 1 percent of the total claims, yet employees are not always the party at fault.

Much of the fraud relates to employers misclassifying employees as independent contractors to lower their premiums. The construction business is especially guilty of this practice, with one study finding that up to 20 percent of construction workers are misclassified.

Whether a family has lost a loved one to a workplace accident or a worker has suffered serious injuries on the job, workers' compensation benefits are meant to compensate for workplace injuries and fatalities. Illinois requires most private employers to carry workers' compensation insurance or face stiff fines for non-compliance. An employer who refuses to carry workers' compensation insurance leaves their company open to lawsuits from injured employees, and in some cases, they may even face criminal charges.

Some employees may fear the loss of their jobs if they file a workers' compensation claim. While this fear is understandable, employers are legally prohibited from discriminating against workers who file a claim for benefits. If you need assistance filing your claim or dealing with a claim denial, the best step you can take is to contact a skilled Romeoville workers' compensation attorney.

Can Your Employer Retaliate if You File for Workers' Comp Benefits?

It is illegal for an employer to retaliate against an employee who files a workers' compensation claim or reports a workplace injury. Employers may not threaten, harass, discriminate against, fire, or refuse to rehire a worker for filing a workers' compensation claim. Employers cannot even discourage an employee from filing a legitimate claim.

When an employer retaliates, the employee can sue for back pay, future lost wages, pain and suffering, attorney's fees, and punitive damages. While there is no limit to the financial compensation an employee can recover in a retaliatory case, only damages suffered from a retaliatory discharge can be recovered.

Employees Injured in the Workplace Need Highly Skilled Legal Assistance

The attorneys at McNamara Phelan McSteen, LLC understand that when you suffer a work-related injury, you may experience financial hardship on top of your injuries. Your injuries could prevent you from returning to work, making it impossible to pay your normal monthly expenses. The medical expenses, lack of a regular paycheck, and the dizzying array of forms you must fill out can be overwhelming.

If your employer actively discourages you from filing for workers' compensation, you have an added layer of problems. We serve the needs of injured Illinois workers, and we will work hard to help you receive the workers' compensation benefits you are entitled to. We will work closely with you to file an Application for Adjustment of Claim with the Illinois Workers' Compensation Commission. It can help your claim to keep a record of all events and conversations between you and your employer after filing for workers' compensation.

This is not the time to try and handle the situation by yourself. We can take the burden from you, allowing you the time you need to heal while we pursue full workers' compensation benefits on your behalf.

Contact Our Romeoville, IL Workers' Compensation Lawyers

Along with our history of positive results for clients who have suffered work-related injuries, we have an equally impressive track record with Social Security disability claims. We will gather evidence related to your on-the-job injury, including collecting witness statements from those who saw the accident. Our knowledgeable workers' compensation attorneys will work to ensure that you receive the proper benefits to address medical expenses and disabilities related to the injury. For a free, comprehensive consultation, contact McNamara Phelan McSteen, LLC at 815-727-0100 today.