Illinois Workers' Compensation Attorneys

At DearLegal, we connect you with experienced Illinois workers' comp attorneys who handle claims before the Illinois Workers' Compensation Commission. From construction and trades across Chicago, to steel and manufacturing in Peoria and Rockford, to warehouse and logistics in the I-55 corridor, we'll match you with the right attorney at no cost to get started.

Notice to the employer is required within 45 days under 820 ILCS 305/6(c). The formal claim must be filed within 3 years of the injury or 2 years from the last payment of compensation, whichever is later (820 ILCS 305/6(d)).

You do. Illinois is an employee-choice state. Under 820 ILCS 305/8(a), you can pick your own treating physician and a second doctor if needed, and referrals from those physicians are also covered.

Illinois caps workers' comp attorney fees at 20% of recovery under 820 ILCS 305/16, subject to IWCC approval. Third-party tort claims (motor vehicle, product liability, contractor negligence) run on standard 33%–40% contingency.

Generally no — Illinois's exclusive remedy (820 ILCS 305/5(a)) bars suits against your employer. Narrow exceptions for intentional injury. Third-party claims against non-employers (contractors, equipment manufacturers, negligent drivers) are not barred.

Medical treatment, TTD at 66 2/3% of AWW (capped at the state maximum), permanent partial disability based on impairment ratings and statutory schedules under Section 8.1b, permanent total disability, wage differential under Section 8(d)(1), and death benefits.

No. Kelsay v. Motorola established a common-law tort of retaliatory discharge for filing a workers' comp claim. Damages can include lost wages, emotional distress, and punitive damages — separate from comp benefits.

If you can return to work but at a lower-paying job because of the injury, you may recover 2/3 of the difference between pre-injury and post-injury earnings under 820 ILCS 305/8(d)(1) — payable for up to 5 years or until age 67.

Why Do You Need a Workers' Compensation Attorney in Illinois?

Illinois has one of the more worker-friendly comp systems in the country under the Illinois Workers' Compensation Act (820 ILCS 305). Injured workers can pick their own doctor — and a second choice — under Section 8(a), which is unusual nationally. TTD pays 66 2/3% of average weekly wage, and the IWCC actively adjudicates disputes. Attorney fees are capped at 20% under Section 16, and Chicago's construction, manufacturing, and transportation industries generate a steady stream of serious claims. Adjusters routinely dispute causation on back, shoulder, and repetitive-trauma cases, and they aggressively push light-duty returns. An experienced Illinois attorney protects medical access, secures the right impairment rating, and preserves third-party claims when a non-employer caused the injury.

When Do You Need a Workers' Compensation Attorney in Illinois?

Our network includes Illinois workers' compensation attorneys who handle every kind of case, including:

Types of Workers' Compensation Cases in Illinois

From the moment you connect with a Illinois workers' compensation attorney, they go to work protecting your claim. The most common case types we handle:

Missing the 45-day notice or 3-year filing deadline under § 6

Failing to use the employee-choice doctor right under § 8(a)

Accepting a Section 8.1b rating without an IME

Settling before reaching MMI and addressing future medical needs

Refusing reasonable light-duty without documented medical justification

Missing a Section 5(b) third-party claim against equipment makers or contractors

Missing the 45-day notice or 3-year filing deadline under § 6

Failing to use the employee-choice doctor right under § 8(a)

Accepting a Section 8.1b rating without an IME

Settling before reaching MMI and addressing future medical needs

Refusing reasonable light-duty without documented medical justification

Missing a Section 5(b) third-party claim against equipment makers or contractors

Common Illinois Workers' Compensation Mistakes

Even a small misstep can hurt your case. Here’s what to avoid:

How Much Do Illinois Workers' Compensation Attorneys Cost?

20%

Typical starting contingency fee — you pay nothing unless your attorney recovers compensation for you.

Illinois caps workers' comp attorney fees at 20% of recovery under 820 ILCS 305/16, subject to Commission approval. Third-party tort claims (motor vehicle, product liability, contractor) run outside the comp system on standard 33%–40% personal-injury contingency.

What Can Your Illinois Workers' Compensation Compensation Include?

Medical Benefits

Reasonable and necessary medical treatment under 820 ILCS 305/8(a), including future medical when needed for the work injury.

Temporary Total Disability (TTD)

66 2/3% of average weekly wage under 820 ILCS 305/8(b), capped at the state-adjusted maximum (~$1,897/week as of 2024).

Permanent Partial Disability (PPD)

Lump-sum or weekly benefits under Section 8.1b factoring AMA rating, occupation, age, future earning capacity, and disability.

Permanent Total Disability (PTD)

66 2/3% of AWW for life under 820 ILCS 305/8(f) when the worker can't return to gainful employment.

Wage Differential

Under § 8(d)(1) — 2/3 of the difference between pre-injury and post-injury wages, payable for up to 5 years or until age 67.

Death Benefits

Weekly benefits to surviving spouse and dependents under 820 ILCS 305/7, plus burial expenses.

!!!

DearLegal is a legal referral service, not a law firm. We connect individuals with licensed attorneys who can evaluate their case. Nothing on this page constitutes legal advice. Results vary based on individual circumstances.

Illinois Workers' Compensation Attorneys

Why Do You Need a Workers' Compensation Attorney in Illinois?

When Do You Need a Workers' Compensation Attorney in Illinois?

Types of Workers' Compensation Cases in Illinois

Common Illinois Workers' Compensation Mistakes

How Much Do Illinois Workers' Compensation Attorneys Cost?

What Can Your Illinois Workers' Compensation Compensation Include?

Ready when you are.

Your help is just

a minute away.

Start your case

in minutes.