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Practice Areas

Workers Compensation

We have represented thousands of clients with many different types of injuries. Here is a brief list of some of the conditions and procedures we often deal with:

  • Back Injuries – Herniated or Bulging Discs, Pinched Nerves, Fractured Vertebrae, Discectomy, Laminecomy, Lumbar Fusion, Disc Replacement, Degenerative Disc Disease, Stenosis, Strains and Sprains, Spinal Cord Stimulator
  • Hand and Arm Injuries – Carpal Tunnel Syndrome, De Quervaine's tenosynovitis, Reflex Sympathetic Dystrophy (RSD), Complex Regional Pain Syndrome (CRPS)
  • Elbow injuries – Tennis Elbow, Epicondylitis, Tenosynovitis, Ulnar Shortening, Impingement
  • Neck Injuries – Herniated or Bulging Discs, Pinched Nerves, Fractured Vertebrae, Anterior Cervical Fusion and Discectomy, Strains and Sprains
  • Shoulder injuries – Rotator Cuff Tears (supraspinatus, infrspinatus, etc.), Impingement Syndrome, Distal Clavicle Resection, Brachial Plexus Injury, Bursitis
  • Knee Injuries – Total and Partial Knee Replacement, Meniscus Tears, Anterior Cruciate Ligament (ACL) Tears, Posterior Cruciate Ligament (PCL) Tears, Medial Collateral Ligament (MCL), Bone on Bone Arthritis Aggravated by Injury
  • Foot Injuries – Torn Ligaments, Fractures, Fusions, Torn Achilles Tendon or Achilles Tendonitis, Tarsal Tunnel, Plantar Fasciitis, Metatarsal Fractures, Ankle Fractures, Arthrodesis
  • Head Injuries – Concussion, Stroke, Hemorrhage, Migraines, Scars
  • Fingers and Toes – Amputations, Trigger Finger, Ligament Injuries, Fractures
  • Trauma – Psychological and Emotional
  • Brain Injuries – Strokes, Hydrocephalus, Intracranial Injury, Hemorrhage, Subdural Hematoma
  • Arthroscopic Procedures, Open Surgery, Surgery involving Cadaver, Implants
  • Facial Injuries – Orbital Fractures, Jaw and Mouth Reconstruction, Dental Implants
  • Eye Injuries – Chemical Burns, Traumatic Iritis, Orbital Injuries, Loss of Sight

And many more

  • If you have been injured on the job
  • If you suffered an injury caused by repetitive trauma at work
  • If you contracted a disease or illness due to exposure at work
  • If a pre-existing condition you had got worse because of your work
  • If you have been told you suffer from a degenerative condition that is not work related

You may be covered by the Illinois Workers' Compensation Act or the Illinois Occupation Disease Act.

Contact a KBA attorney to learn more.

Your Rights Under Illinois Workers Compensation

Since 1911, the Illinois Workers' Compensation Act has been protecting employees who are injured at work. Laws evolve with every court case and every legislative session. Recent changes in the law may have a dramatic impact on your claim and it is therefore important that you consult with a qualified and experienced attorney at the earliest time possible. Here are some basic protections under the Act, but contact a KBA attorney for the latest and most accurate information.

  • Under the law, your employer cannot retaliate against you in any way for exercising your rights - including filing a claim, recovering benefits or hiring an attorney. Harassment and retaliation could subject an employer to a separate lawsuit.
  • You do not have to give a tape-recorded statement to an insurance company.
  • You have the right to choose your own physician for your injury, but there are new rules for injuries occurring after September 1, 2011 which, in our opinion, make it even more imperative that you consult with an experienced attorney at the earliest time possible. Failure to follow the rules may have dire consequences on the entire claim. WARNING: For injuries after September 1, 2011, Insurance companies and employers may have a much greater incentive to direct your medical treatment. This may result in less than optimal treatment and even a lower settlement or award at the end of the case. In addition, if possible, we recommend that you consult with an experience attorney before you are examined by a doctor of your own choice, even your own primary care physician, as this may impact the course of your treatment.
  • If your employer or its workers comp insurance company fails to pay for treatment for your work injuries in a timely way, they may have to pay penalties and attorneys fees.
  • You are entitled to receive compensation equal to 66.6% of your gross average weekly wages while you are off of work under doctor's orders. This is called Temporary and Total Disability benefits (TTD). If you have work restrictions because of your injuries, and your employer cannot accommodate those restrictions, you are entitled to TTD. If the insurance company fails to pay TTD in a timely way, it may be required to pay penalties and attorney fees.
  • You may have the right to Temporary Partial Disability (TPD) if you return to work earning less money due to your temporary restrictions.
  • At the end of your case, you may be entitled to a lump sum settlement or an award. This is called Permanent Partial Disability compensation (PPD). The value of your case will be based in part on the nature and extent of your injuries and on your wages. One other factor to consider could be an impairment rating (AMA Guidelines) given by a physician. WARNING: Do not be tricked by an adjuster or employer who claims the impairment rating will determine how much you get in a settlement or award. The law specifically states that the impairment rating is only one factor and not the sole factor in determining disability, and in many situations, are not being considered by the parties. We believe it is extremely important now more than ever to consult with experienced attorneys at the earliest time possible after you suffer an injury at work. KBA Attorneys are skilled and experienced and can help you navigate through the challenges of the complicated law, and assess the value of your case.
  • If you are considered permanently and totally disabled from employment, you are entitled to lifetime disability benefits. Often times, a lump sum settlement can be achieved by taking into account future lost wages and other potential needs.
  • If your employer cannot accommodate your permanent medical restrictions, you may be entitled to Vocational Rehabilitation and Maintenance. Under this circumstance, you could be entitled to the same 66.6% of your gross average weekly wages while Vocational Counselors either assist you in finding work or retrain you in another area of work. If you change jobs as a result of your restrictions, and your income is significantly reduced, you may be entitled to lifetime future benefits equal to two-thirds of the difference in wages if your accident occurred prior to September 1, 2011. There are new time limits to these benefits for injuries occurring on or after September 1, 2011. Nonetheless, no matter when the injury occurred, these payments may be negotiated into a large, lump sum settlement amount. KBA Attorneys have vast experience in negotiating large cases.
  • Trying and winning a case will entitle you to payment of future, reasonable and related medical treatment. In some circumstances, this could be negotiated in a settlement.
  • You may be entitled to much more than your employer's insurance company is telling you. You can consult for free with a Kreiter, Byck and Associates attorney regarding your work injuries.
  • The Illinois Workers' Compensation Act places limits on attorneys fees.
  • Remember: We don't get paid until we recover payment for you.

Contact a KBA attorney today for a free consultation. We're here to help you.

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Kreiter, Byck and Associates, LLC
180 West Washington, Suite 800
Chicago, Illinois 60602
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Phone: (312) 541-1145
Toll Free: 1-(877) 810-6125

Email: info@kbalawfirm.com