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55 W Monroe St Suite 900
Chicago, IL, 60603

312.346.6444

We founded Capron & Avgerinos more than 20 years ago to represent the seriously injured in Illinois and Iowa. We have devoted our entire practice to representing individuals in workers’ compensationpersonal injury, and wrongful death claims. Our skilled injury attorneys have helped thousands of clients receive compensation, enabling them to move forward with their lives.

What are my rights?

Our Injury Attorneys Work in Two States: Illinois and Iowa 

dan capron workers' compensation attorney

When you need an attorney or simply have a question about an injury in Iowa or Illinois, Capron & Avgerinos is here to help.

We are ready to assist you over the phone or in person. Contact us now or call us at (800) 535-4542 with any questions you may have concerning your rights. All cases are performed on a contingent fee basis, which means we are not paid unless you recover compensation for your claim.

If you are injured on the job, you may be entitled to compensation under the law. To exercise your rights, you need to take the proper steps at the onset of a claim. Your Workers’ Compensation and Personal Injury attorney at Capron & Avgerinos is here to help you start the process.

If Injured on the Job in Illinois, What Are My Rights?

In Illinois, you have the right to:

  1. Consult with an attorney without fear of discharge or discrimination.
  2. Select two doctors at company expense, not counting referrals from doctor to doctor. An employer may form a "preferred provider program" (PPO) to treat injured employees. While you are not required to treat with a doctor through the PPO program, the decision not to do so will be considered one of your two "choices" of medical care.
  3. Receive two-thirds of your average weekly wage while you are unable to return to work.
  4. Receive a wage supplement if you return to a restricted duty job while under medical care.
  5. Receive vocational rehabilitation or job retraining if you are permanently unable to return to your former occupation.
  6. Receive additional money if your injury results in permanent disability. If your injury causes you to change jobs, resulting in a decrease in your earning capabilities, you might be awarded differential payments. If you cannot return to any work as a result of the injury, you could be eligible for permanent disability benefits for life.
  7. Recover from any third party who contributed to the cause of your injury.

You also might have the right to collect Social Security Disability benefits in addition to your workers’ compensation benefits.

Remember to consult your attorney: the better informed you are, the stronger your case will be.

Illinois Workers’ Compensation: How the Process Works

Workers’ compensations claims are governed by state law and administered through the Illinois Workers’ Compensation Commission. The commission maintains various sites throughout the state of Illinois where arbitrators are assigned to resolve disputes and adjudicate claims.

1. Filing a Claim
You have the right to file a Workers’ Compensation claim with the Illinois Workers’ Compensation Commission immediately after an injury. This is true even if you start receiving benefits to which you are entitled, as the necessary investigation—the discovery part of the process—can begin immediately.

It is easy to determine when a single accident produces the injury, but more difficult to calculate when the injury is caused by repetitive stress over time, as in the case of carpal tunnel syndrome. Therefore it is important to consult an attorney to ensure your rights are protected from the outset.

2. Resolving a Claim

Even if you are already receiving benefits through the compensation carrier, it is important to safeguard your right to medical treatment beyond the originally agreed-upon period for treatment.

Reaching a settlement with the compensation carrier is an option; however, it might be risky: Direct settlement with an insurance carrier terminates your right to medical treatment under the carrier’s coverage. A person’s health insurance may not accept responsibility for a work-related injury. Should you need treatment at a later date as a long-term, unforeseen result of the injury, you might be left footing the bill.

By arbitrating the case in the Workers’ Compensation Commission, claims for medical treatment or additional permanent disability can be preserved.

Consult with an attorney to fully understand the ramifications of each option.

You also might have the right to collect Social Security Disability benefits in addition to your workers’ compensation benefits.

Remember to consult your attorney: the better informed you are, the stronger your case will be.


If Injured on the Job in Iowa, What Are My Rights?

nick avgerinos workers' compensation iowa

In Iowa, you have the right to:

  1. Consult with an attorney without fear of discharge or discrimination.
  2. Receive reasonable medical treatment as dictated by your injury. The employer’s obligation to furnish medical treatment also allows the employer to select the medical providers who will treat the injury. If reasonable or adequate medical treatment is not being provided by the employer, the employee may seek alternative medical care so long as certain rules and procedures are followed in accordance with the law.
  3. Receive disability benefits if an injury precludes you from working, or restrictions on your work cannot be accommodated by your employer. The amount of weekly benefits is determined by the amount of your earnings at the time of the injury.
  4. Receive additional compensation if your injury results in permanent damage or impairment. The amount will depend upon the part of the body injured, the degree of the injury, and its impact of your ability to perform your duties. If an injury causes you to change jobs, make less money, or disable you entirely, you might be able to recover additional benefits as long as the proper procedures have been followed.

The most important step you can take at the onset of a situation to ensure compensation is to contact an attorney.

Iowa Workers’ Compensation: How the Process Works

Iowa Workers’ compensation claims are governed by state law and administered through the Iowa Division of Workers’ Compensation Commission. The commission has various hearing sites throughout the state where hearings are conducted.

1. File a Notice and Petition
To preserve all of your rights, you need to file an original notice and petition giving out all pertinent information within the appropriate statute of limitations; otherwise, it can be barred, leaving you without a remedy should your benefits be denied or terminated.

It is generally not difficult to identify when a single accident causes the injury. But when the injury is caused by repetitive stress over time, such as carpal tunnel syndrome or torn rotator cuff, calculating the statute of limitations is more difficult. That is why it is important to consult an attorney as soon as possible to make sure your rights are protected.

If your benefits are wrongly denied or terminated by the compensation carrier, your recourse is to bring your claim before the Commissioner. This cannot happen, however, unless you have formally filed a claim with the Commissioner.

2. Resolve the Claim
Once medical treatment is concluded, and your permanent disability status can be evaluated, the claim can be resolved by either settlement or arbitration.

A settlement with the compensation carrier can take various forms and may result in the termination of your rights to any additional benefits for the injury. The amount of permanent disability benefits a worker should receive is dependant upon a number of factors, including the part of the body injured, the rating provided by a physician, or its impact on the worker’s earning capacity. You need a full understanding of the law and what evidence is necessary to evaluate a true disability and get the compensation you are entitled.

Consult with an attorney to fully understand the ramifications of each option. Knowing your rights will help you obtain the benefits appropriate to your situation.

Top Ten Things You Should Know and do if you are injured at work

Being injured on the job is both professionally and emotionally disruptive. It is important to remember what your rights are and how to proceed after you’ve been injured.

  • Notify your employer immediately: The law requires that notice be given within 45 days of injury to management and to a union representative, if applicable.
  • Document the injury: Write a complete report and keep a copy for your files.
  • Seek immediate medical care: Be certain to tell the doctor or nurse that your injury happened at work.
  • Consider filing a claim with the IWCC: The law requires that filing be done within three years of the accident or two years of the date on which compensation benefits are last paidYou have no way to enforce your rights to benefits without filing a claim.
  • Understand privacy rights: Do not permit telephone interviews to be recorded.
  • Save your payroll records
  • Maintain medical records and bills
  • Do not make assumptions about the circumstance of your injury: Do not assume your injury, accident, or illness is not work-related.
  • Check to see if you are entitled to other benefits: The law requires that notice be given within 45 days of injury to management and to a union representative, if applicable
  • Consult a Workers’ Compensation or Personal Injury attorney advice if you have any questions regarding your rights, reporting requirements, or filing deadlines

If I Have Suffered Personal Injury, What Are My Rights?

stephen smelling personal injury attorney

In Illinois and Iowa, if you suffer an injury through the fault of someone else, you might be able to assert a claim against the aggrieving party. To remedy the wrong inflicted onto you, however, you need to act quickly and efficiently.

Your best course of action is to consult an attorney immediately after being hurt, to protect your rights and:

  1. Preserve evidence
  2. Obtain police records as needed
  3. Contact witnesses

Personal injury claims can stem from all sorts of daily occurrences, including automobile accidents, premises defects, or construction site incidents. After sustaining a personal injury, you have the right to:

  1. Seek medical treatment even if you are not seriously injured
  2. Contact your insurance company
  3. Contact your attorney
  4. Gather necessary evidence

It is imperative you consult with an attorney immediately following an injury so that evidence can be secured and your rights protected.

Illinois and Iowa Personal Injury: How the Process Works

If a claim cannot be settled directly with a defendant, it will be necessary to file suit. This is typically done in the county in which the injury occurred. The defendant will usually be represented by an attorney retained by his insurance company. You have the right to have your case heard by a jury, who will determine what damages you are entitled to. As the injured party, you have the burden to prove all the necessary elements of the claim before you are entitled to recover. That is why it is crucial you consult with an attorney as soon as possible to ensure a proper investigation takes place and you can present the best-prepared case in court.