Chicago’s workforce runs on people doing physically demanding, often dangerous jobs, in construction on the city’s iconic skyscrapers, in warehouses off the I-55 corridor, on rail lines cutting through the South Side. When one of those workers gets hurt, the Illinois Workers’ Compensation Act is supposed to protect them. In practice, employers and insurers might dispute and deny valid claims, leaving injured workers to navigate a complicated system while they’re trying to recover.
Our Chicago workers’ compensation attorneys at Horwitz, Horwitz & Associates have been representing injured workers across Cook County for over a century. We know how these claims work and what it takes to get a fair result at the negotiating table and at hearings before the Illinois Workers’ Compensation Commission.
Call (800) 985-1819 for a free consultation.
Why injured Chicago workers choose Horwitz, Horwitz & Associates
Workers’ compensation cases look straightforward on paper. They involve medical disputes, employer pressure, and insurance companies with their own legal teams. You need Chicago attorneys who’ve handled these situations before, at every stage.
You pay nothing unless we recover for you
We work on a contingency fee basis. No upfront fees, no hourly bills, and no attorney’s fees unless we recover compensation for you.
We handle workers’ comp and personal injury claims
If a third party’s negligence contributed to your work injury, like another contractor, an equipment manufacturer, or a property owner, you may have a personal injury claim on top of your workers’ comp benefits. We identify every available path and pursue both when the facts support it.
A century of representing Illinois workers
Horwitz, Horwitz & Associates has represented injured workers across Illinois for more than 100 years, with cases heard before the Illinois Workers’ Compensation Commission, tried before Cook County juries, and negotiated against some of the country’s largest insurers.
Case results for injured workers
Past case results don’t guarantee future outcomes, but they reflect what our firm has been able to recover for workers in serious injury cases.
- $18 million — jury verdict for a truck driver after a construction accident
- $11 million — jury verdict for a plumber after a 30-foot fall from a catwalk
- $9.7 million — recovery for an electrocution accident
- $9 million — recovery for a Local 1 iron worker who suffered a traumatic brain injury after falling from a beam
- $8 million — record verdict for a Local 1 iron worker after a barge crashed into a safety skiff
What clients say
| “Horwitz, Horwitz and Associates was amazing to work with. They made the whole process after my work injury so much less stressful and always kept me informed. Super professional, caring, and got me the results I needed. Highly recommend!” — Sal S |
| “During difficult times, being off work with an injury, it was made easier by working with Dan D. from Horwitz, Horwitz & Associates. Dan and his staff stayed in touch and made everything run smoothly all the way to the settlement.” — Sabrina S. |
| “The team did great, making sure I was taken care of during my workers’ compensation case and got me to a settlement I am happy with.” — Jeffrey C. |
What benefits are available under Illinois workers’ compensation?
Illinois workers’ compensation covers several categories of benefits depending on the nature and severity of your injury.
- Medical expenses: All reasonable and necessary treatment related to your work injury, including emergency care, surgery, physical therapy, and prescriptions
- Temporary total disability (TTD): Wage replacement while you’re unable to work, paid at two-thirds of your average weekly wage, subject to state minimums and maximums
- Permanent partial disability (PPD): Compensation for lasting impairment that doesn’t prevent all work
- Permanent total disability (PTD): Ongoing benefits if you’re unable to return to any gainful employment
- Vocational rehabilitation: Retraining or job placement assistance if you can’t return to your previous occupation; Illinois workers’ comp may cover vocational rehab in certain circumstances
- Death benefits: Available to surviving spouses and dependent children when a work injury proves fatal
Current workers’ compensation benefit rates
Illinois sets benefit rates twice yearly based on the statewide average weekly wage (SAWW). Every six months, the Illinois Department of Employment Security calculates the SAWW, which determines the floor and ceiling for weekly benefits. The current rates published by the Illinois Workers’ Compensation Commission are as follows:
Death, permanent total disability, amputation, or loss of an eye:
- Maximum weekly benefit: $2,008.60
- Minimum weekly benefit: $753.25
Temporary total disability:
- Maximum weekly benefit: $2,008.60
- Minimum weekly benefit (varies by number of dependents):
- 0 dependents: $400.00
- 1 dependent: $460.00
- 2 dependents: $520.00
- 3 dependents: $580.00
- 4 or more dependents: $600.00
Death benefits are paid to the surviving spouse for life, not to exceed the greater of 25 years or $500,000, and to minor children until age 18, or age 25 if enrolled in school.
All rates are current for January 15 – July 14, 2026, as published by the IWCC. Rates update each January 15 and July 15.
Common workplace injuries covered by workers’ comp
Workers’ compensation in Illinois covers injuries and illnesses arising out of and in the course of employment. Common injury types we handle include:
- Traumatic brain injuries: From falls, struck-by incidents, or equipment accidents; can affect cognition, memory, and the ability to return to work
- Spinal cord injuries and back injuries: Common in construction, warehousing, and transportation; range from herniated discs to permanent paralysis
- Electrocution injuries: Burns, nerve damage, and cardiac events resulting from contact with live electrical systems
- Crush injuries and amputations: Caused by heavy machinery, forklifts, or collapsing materials; often result in permanent disability
- Repetitive stress injuries: Carpal tunnel, tendinitis, and similar conditions caused by repeated motion over time
- Burn injuries: From chemical exposure, fires, or electrical contact on job sites
- Occupational illness: Conditions like respiratory disease or hearing loss caused by prolonged workplace exposure; understanding the difference between disability and workers’ comp matters in these cases
Who is eligible for workers’ compensation in Illinois?
Most employees in Illinois are covered under the Illinois Workers’ Compensation Act from the first day of employment. You don’t need to prove your employer was at fault — only that your injury arose out of and in the course of your employment.
Coverage generally applies if:
- You’re an employee (not an independent contractor) working in Illinois
- Your injury or illness is connected to your job duties or work environment
- You notified your employer of the injury within the required timeframe
Special coverage: Jones Act and FELA
Some Chicago workers are covered under federal frameworks rather than state workers’ comp, and the differences matter when it comes to what you can recover.
The Federal Employers’ Liability Act (FELA) is a federal law that allows injured railroad workers to pursue compensation when a railroad company’s negligence contributed to their injuries. Unlike traditional workers’ compensation, FELA is fault-based, meaning the injured worker must show the railroad’s negligence played a role in causing the injury. Workers can file their claim in either federal court or Illinois state court.
A FELA claim generally requires showing that the railroad failed to provide reasonably safe working conditions, equipment, training, or supervision, even if that failure was only a minor factor in causing the injury. FELA follows a comparative negligence system, meaning a worker who was partly at fault can still recover damages, though the amount is reduced based on their share of responsibility.
Workers on vessels or navigable waters, including along the Chicago River or Lake Michigan, might be covered under the Jones Act, which allows injured maritime workers to sue their employer for negligence and recover damages beyond standard workers’ comp. Jones Act claims must be filed within three years of the injury.
If you’re not sure which system applies, our attorneys can evaluate your claim during a free consultation.
Steps to take after getting hurt on the job in Chicago
What you do in the days immediately after a work injury directly affects your claim.
- Report the injury to your employer. Illinois law requires written notice within 45 days. Keep a copy for your records.
- Seek medical treatment. Get evaluated promptly at a hospital like Advocate Illinois Masonic Medical Center and Stroger Hospital of Cook County; both treat serious work injuries in Chicago. A gap in treatment can be used to challenge your claim later.
- Document everything. Photos, videos, witness names, and written notes about what happened all strengthen your case.
- Don’t give a recorded statement to your employer’s insurance carrier without speaking to an attorney first. What you say can be used to reduce or deny your benefits.
- Contact Horwitz, Horwitz & Associates. The sooner one of our workers’ compensation lawyers in Chicago gets involved, the better positioned we are to preserve evidence and protect your claim from the start.
How to file a workers’ compensation claim in Illinois
Step 1: Notify your employer
Report the injury in writing as soon as possible. Include the date, location, and description of how it occurred.
Step 2: Receive authorized medical treatment
Your employer or their insurer directs your initial medical care. Keep records of every appointment, diagnosis, and treatment recommendation.
Step 3: File a claim with the IWCC
If your employer disputes your claim or stops paying benefits, file an Application for Adjustment of Claim with the Illinois Workers’ Compensation Commission. This formally opens your case.
Step 4: Attend hearings as needed
If the dispute isn’t resolved, your case proceeds to arbitration before an IWCC arbitrator. Our attorneys handle all filings, communications, and hearing preparation.
Step 5: Negotiate a settlement or proceed to award
Many cases resolve through a negotiated settlement. When the insurer’s offer doesn’t reflect the full value of your claim, we’re prepared to pursue a formal award at a hearing.
What to do if your workers’ comp claim is denied in Illinois
A denial isn’t the end of your claim. Illinois law gives injured workers the right to challenge a denial through the IWCC.
Understand why the claim was denied
Common reasons include disputed employment status, alleged failure to report on time, questions about whether the injury is work-related, or a pre-existing condition defense.
Gather supporting evidence
Medical records, witness statements, incident reports, and photos all help establish the facts. If a pre-existing condition is being used against you, what matters is whether the work injury aggravated that condition, not whether it existed before.
File a petition with the IWCC
Contest the denial by filing an Application for Adjustment of Claim with the Illinois Workers’ Compensation Commission. This opens the formal dispute process before an arbitrator.
Work with an attorney
Denied claims involve legal arguments about coverage, causation, and benefit calculations. A Chicago workers’ comp attorney who regularly appears before the IWCC knows what evidence arbitrators find persuasive and how to counter standard insurer defenses.
Talk to a Chicago workers’ compensation lawyer today
Horwitz, Horwitz & Associates has spent generations representing injured workers in Cook County at hearings before the IWCC, in negotiations with major insurers, and in courtrooms when cases require it. If you were injured on the job, we’ll review your situation and give you an honest assessment of your options.
Call (800) 985-1819 or contact us online to speak with a Chicago workers’ compensation attorney at Horwitz, Horwitz & Associates.
Frequently asked questions about Chicago workers’ compensation
How long do you have to file a workers’ comp claim in Illinois?
You must notify your employer within 45 days of the injury. To formally file with the Illinois Workers’ Compensation Commission, you generally have three years from the date of injury, or two years from the last payment of compensation — whichever is later.
Can I be fired for filing a workers’ compensation claim?
Illinois law prohibits retaliation against workers who file a claim. If you were terminated or demoted after filing, you may have a separate retaliation claim against your employer.
How much will I get paid while on workers’ compensation?
TTD benefits are paid at two-thirds of your average weekly wage, subject to state minimums and maximums. The current maximum is $2,008.60 per week, updated each July and January by the IWCC.
What if my employer doesn’t have workers’ compensation insurance?
You may still have options. Illinois maintains the Injured Workers’ Benefit Fund to cover workers injured by uninsured employers. Our attorneys can evaluate your eligibility at no cost.
Will workers’ comp cover me if I have a pre-existing condition?
Yes, in most cases. The relevant question isn’t whether a pre-existing condition exists — it’s whether the work injury aggravated it. If it did, your claim should still be compensable under Illinois law.
Can I choose my own doctor for a workers’ comp injury?
Your employer or their insurer directs your initial medical care in Illinois. You’re entitled to a second opinion, and there are situations where you can treat with a physician of your choice. An attorney can advise you on your specific options.
