Workers Compensation

Workers' Compensation Attorney in Elgin, Illinois


I Help Workers Every Single Day

If you have suffered a workplace injury but are not getting the benefits you are entitled to under the Illinois Workers' Compensation Act, you need an experienced attorney to pursue those benefits for you. Whether your claim has been denied, your temporary disability payments are not being received; your bills are not being paid, your medical authorization is in dispute, you believe you have been fired because you filed a claim, or you simply need to obtain the most favorable settlement available in your case, I can help.

I am attorney James P. Leahy, and I have over 35 years of experience representing individuals throughout the western and northwestern suburbs of Chicagoland. I will strive to give your case the attention it deserves while carefully explaining all your options to you so that you can make informed decisions. I will promptly return calls and emails and will keep you abreast of any and all developments in your case, focusing on both your immediate needs and your long-term interests. For a free initial consultation, contact me online in Elgin, Illinois, or call me.

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My Workers' Compensation Practice

I represent men and women who have been injured on the job due to traumatic events, such as lifting injuries, twisting injuries, injuries from the use of tools or equipment, whether or not the equipment or tool is or was defective, falls of any kind, falling object accidents, vehicle accidents, repetitive stress or repetitive use injuries, heart attacks, or any other injuries sustained while you are at work. For workers' compensation, it does not matter whether someone else was at fault, you were at fault, or no one was at fault, so long as it was related to your work. I will represent you throughout the workers' compensation claims process or appeals for workers' compensation denials (at any level).

I have decades of experience successfully handling workers' compensation claims. I know that your employer or its insurance carrier will have attorneys working aggressively to represent their interests. I will do the same for you. I will aggressively fight to get you the compensation you need and deserve, whether it's temporary or permanent disability benefits, to ease the financial strain related to workplace injuries. There is always coverage under workers' comp; however, under certain circumstances, we may be able to pursue a claim against a nonemployer responsible for your injury for greater compensation.

All workers' compensation claims are handled on a contingency basis. I only charge attorney fees if I am able to recover benefits for you. My contingency fee is generally 20% of what I am able to recover for you.

Contact the Law Offices of James P. Leahy

To set up a free initial consultation, contact me online or call me. I am available to meet with you between 8:30 a.m. and 5 p.m. by appointment, Monday through Friday. My office is located south of I-90, on the frontage road just off the exit to Route 31 and I represent those in Dundee, South Elgin, Kane County, and Cook County, Illinois.

Construction Accidents

Don't Struggle Alone After an Accident

If you or your loved one has been injured in a workplace construction site accident, you may think that you have to move on alone, wondering how to support your family while facing medical bills, lost wages, and more. However, this is not the case. As an employee, the injured person has a right to compensation for costs arising out of their accident, as well as any long-term damage.

I founded my firm, James P. Leahy, Attorney At Law, with the intent of providing high-quality legal services to my community. I have seen how difficult it can be for families after construction site accidents, and I pledge to work with you to get the best outcome possible.

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An Area Requiring Experience and Skill

Construction accidents are unique in several ways. They are especially lucrative for those injured because they often have serious and lasting physical consequences. They are also very complex because they include aspects such as:

  • Employer's noncompliance with safety regulations
  • Engineering issues
  • Liability determinations

These all require the care of an experienced construction accident attorney to examine and use to your advantage. Because of my experience, I am able to offer information you may not find elsewhere. For instance, depending on the situation, we may be able to pursue compensation from another third party, rather than just your employer, and thereby get you more financial help.

I believe in the value of personal attention in legal services. I work to make my clients feel comfortable and heard because I know how hard this type of accident can be on individuals and their families. A construction accident causes not only physical pain and suffering but also financial difficulty, often for the worker's entire family. My goal is always to get the best results possible for my clients so they can move on with their lives as easily as possible.

Call My Firm Today for A Free Consultation

I believe that excellent representation should be accessible to everyone. That is why I offer free consultations. Please call my Elgin office to arrange yours, and I will help you move on with your life. You can also send me an email.

Payment for Time Off

Keeping Your Life on Track When You Can't Work

When your work injury keeps you at home, you may worry about how to keep your household running. Your workers' compensation benefits include wage reimbursement when you cannot work. Though they often cover only two-thirds of your typical weekly wages, they will help you pay most household bills while you recover.

Your employer may not be forthcoming regarding your benefits. A skilled workers' compensation attorney can take the stress off of you by fighting for the payments you deserve so you can focus on recovering from your injury or illness. I fight for every client's rights at James P. Leahy Attorney At Law, and I have over 35 years of experience, so you can trust my knowledge of Illinois workers' compensation law.

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Disability Benefits May Help You Recover

When you are out of work for more than three days, you may need either temporary or permanent disability benefits. There are four different types of disability benefits, including:

  • Temporary partial disability: These short-term benefits are meant to help you while you recover from your injury.
  • Temporary total disability: If you cannot work at all but are expected to return to work at a later date, you may qualify for this short-term benefit.
  • Permanent partial disability: When your injury is permanent but only partially affects your ability to work, you may receive an award of benefits based on the type of injury.
  • Permanent total disability: For the most severe injuries, you may never be able to return to the type of work you previously performed. In those cases, you qualify for lifelong disability benefits.

You may not know right away what type of benefits you will qualify for. Contact me to discuss the benefits your employer should provide to you.

When Should You Return to Work?

You should never return to work until you are medically ready to do so. Your employer may try to force you to come back or threaten to fire you if you do not return. If that happens to you, contact a lawyer immediately. Your doctor will recommend work limitations, whether staying home completely or limiting your duties at work. Make sure your doctor documents your ability to work and any restrictions that you have, and you should not work beyond those restrictions. Not only could you further injure yourself, but you may also give your employer reason to deny benefits because they will say you can work.

Schedule a Free Consultation

If you aren't sure whether you are receiving all the benefits you deserve, contact me today. Call my Elgin office or email me to schedule your free consultation today.

Who Pays for Benefits After an Injury

Employees Must Cover Your Work-Related Injury

Illinois law requires every employer to carry workers' compensation insurance, even small employers and nonprofits. When you are injured at work, your employer must cover the costs of that injury, including medical costs, lost time at work, temporary or permanent disability benefits, and job retraining, if needed. Insurance companies will often attempt to avoid paying all the benefits you deserve in order to save money. If your employer denies your claim or tries to cut your benefits short, you need an experienced workers' compensation lawyer to fight for the benefits you deserve.

At James P. Leahy, Attorney At Law, I have been fighting for clients' workers' compensation benefits for over 35 years. Contact me for a free initial consultation in my Elgin office. You pay no attorney fees unless I recover benefits on your behalf.

Benefits Available to You Under the Illinois System

Many people wonder how medical coverage works under workers' compensation. Coverage includes first-aid and emergency care, ongoing medical care, and surgeries. In Illinois, you may have to see a doctor selected within a set network if your employer has a Preferred Provider Program (PPP). If your employer does not have a PPP, you can choose up to two doctors before you go to an employer-selected doctor. In general, your medical benefits will not require copays or deductibles.

In addition to medical benefits, you may need wage reimbursement through either temporary or permanent disability benefits. These benefits are generally available if you are out of work for at least three days but may include permanent disability if you can never return to your current job. They usually only cover about two-thirds of your current weekly wage. You may need job retraining if you must switch careers because of your injury. In cases where the employee died from an injury or illness, the employer may have to pay death benefits to the family member.

Employers and their insurance companies often work hard to find ways to limit the cost of your claim and the benefits they must pay. They will have attorneys fighting against your claim. You need an attorney on your side, fighting for the benefits you deserve.

Discuss Your Benefits

If you have questions about the benefits you qualify for, contact me for a free consultation. Call my office or fill out my online form.

Workers' Compensation FAQ

  • If I Go Back to Work After My Injury, Can I Still Get Workers' Compensation Benefits?

    A: Yes, you can. Your benefits cover several expenses, including medical care and time off from work. Your benefits will still cover your medical costs, even after you return to work. You may return to work when your doctor says you are ready, though you may still have restrictions. In fact, your employer will expect you to return when your doctor declares you are healed enough to begin your duties. Contact an attorney right away if your employer expects you to work outside of your restrictions.

  • Are There Any Work Injuries Workers' Compensation Benefits Don't Cover?

    A: Yes. Although the law generally does not look at negligence involved in work injuries, the law does have a few exceptions, including:

    • Self-inflicted injuries — For example, if you purposefully injure yourself or start a fight at work.
    • Violations of company policy — If you were drinking on the job or committing some other major violation and injuring yourself, you may not receive benefits.
    • Committing a crime — You are not protected from injuries incurred while committing a crime against the company.
  • How Long Will My Workers' Comp Case Take?

    A: How long your case takes will depend on how severe your injuries are and how much medical treatment you need. I generally do not advise settling your case until you complete your medical care.

  • Can My Employer Fire Me for Filing a Workers' Compensation Claim?

    A: No. Under the law, your employer cannot fire you for filing a workers' comp claim. This is considered retaliation, and it is illegal. If your employer fired you after filing a claim, seek legal assistance immediately, even if they claim the termination is for another reason. My office has experience with workers' comp retaliation claims.

  • How Do I Pay My Bills While I Am Out Of Work?

    A: I understand that you have real financial concerns during your workers' compensation case. In some cases, you may still receive a paycheck for your time out of work if you have a doctor's recommendation. Usually, your employer must pay two-thirds of your regular pay. In addition, you do not have to use your sick or vacation days due to a work accident.

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