If you’re dealing with a concussion or traumatic brain injury from a job incident, our Evanston head injury workers’ comp lawyers can provide you with clear answers and a steady plan for getting your life back on track.
At Charlie Therman Injury & Accident Lawyers, P.C., we represent injured workers across Cook County with more than 75 years of combined experience. Our founding attorney’s background in the insurance industry gives us a practical understanding of how these claims are evaluated, challenged, and often undervalued.
We use that knowledge to advocate for people who rely on their paycheck and need the system to work as it should. To learn more about how our firm can help, contact us today to schedule a free consultation with an Evanston workers’ compensation lawyer.
How Our Evanston Workers’ Comp Lawyers Build Maximum-Value Claims
Head injury claims require careful attention to your medical record and how the claim is presented. Small gaps or inconsistencies can create unnecessary disputes. Our lawyers focus on making sure your condition and limitations are clearly documented, which includes working with your doctors so your records reflect how the injury affects your ability to work.
As the case moves forward, we address issues with benefit payments, work restrictions, and medical authorization. If the insurer disputes your claim, we prepare the case for review before the Illinois Workers’ Compensation Commission with evidence that supports both causation and disability.
When settlement is considered, our Evanston personal injury lawyers evaluate your claim based on your actual work limitations and ongoing medical needs. The goal is to resolve the case in a way that reflects how the injury affects your ability to earn a living over time.
When is a Head Injury Covered Under Illinois Workers’ Compensation?
A work-related head injury is generally covered if it occurred while you were performing your job duties or as a result of your work environment. This includes falls, being struck by objects, vehicle-related incidents, and similar events tied to your employment.
Coverage also extends to situations where a prior condition is made worse by a workplace incident. In those cases, the focus is on whether your job contributed to the current symptoms or limitations.
Because symptoms are not always immediate, early reporting is important. Seeking medical care and clearly stating that the injury is work-related helps establish the connection between the incident and your condition.
Illinois Workers’ Compensation Benefits for Brain and Head Trauma
Illinois workers’ compensation provides both medical coverage and wage-related benefits after a qualifying injury. The specific benefits depend on how your condition affects your ability to work.
You may be entitled to:
- Payment of reasonable and necessary medical treatment.
- Temporary total disability (TTD) if you cannot work at all.
- Temporary partial disability (TPD) if you return at reduced earnings.
- Permanent partial disability (PPD) for lasting impairment.
- Permanent total disability (PTD), in more severe cases.
- Vocational rehabilitation, if you cannot return to your prior role.
These benefits are tied to your average weekly wage, which must be calculated correctly to avoid underpayment.
Medical and Wage Benefits Explained
Illinois allows you to choose up to two treating physicians, along with their referrals. For head injuries, treatment often involves multiple providers, including neurology, therapy, and cognitive evaluation.
Your work status will depend on your doctor’s restrictions. If you are taken completely off work, TTD benefits should apply. If you return to limited or lower-paying work, TPD benefits may be owed to make up part of the difference.
Accurate wage calculation is an important issue in many cases. Our team will review your earnings records, including overtime where appropriate, to ensure your benefits reflect your actual income before the injury.
Time Limits and Reporting Rules in Illinois
Illinois law generally requires notice to your employer within 45 days of the accident or the date you realized your condition was work-related. Written notice is best, but a timely verbal notice is also allowed. Make sure to keep copies of emails, incident reports, and texts that confirm you reported the event on time.
The statute of limitations for filing the actual claim is typically three years from the accident date or two years from the last payment of compensation, whichever is later. Repetitive trauma and latent head injuries may have a different “manifestation” date. Missing these timelines can bar your claim.
Employers and insurers often route claims through third-party administrators. Make sure you file Form 45 with your employer and follow up on claim numbers, adjuster contacts, and authorized facilities. If your benefits are delayed or denied, our Evanston head injury workers’ comp attorneys can file an Application for Adjustment of Claim with the IWCC to protect your rights.
Situations Where a Third-Party Claim May Also Apply
Workers’ compensation does not pay for pain and suffering. If someone outside your employer caused your injury, you may be able to file a separate personal injury claim for additional damages. Examples include negligent drivers hitting you on a delivery route or defective safety equipment causing a fall.
Our team can evaluate potential claims against property owners, subcontractors, drivers, or product manufacturers while protecting the employer’s lien rights under Section 5(b). Coordinating both claims can increase your total recovery and avoid benefit offsets.
Keep in mind that strict deadlines apply to third-party cases. Evidence like vehicle data, surveillance video, and product components can also be lost quickly. Early investigation helps preserve evidence and ensure your claim is filed on time.
Get the Help You Need With an Evanston Head Injury Workers’ Compensation Attorney
A head injury at work can change how you think, sleep, and earn a living. Our firm can help you document symptoms, secure proper care, and pursue every benefit available.
Our head injury workers’ comp attorneys in Evanston take a practical, hands-on approach to these cases. We respond quickly, communicate clearly, and build claims that reflect the real impact of your injury.
Contact us today for a free consultation. We will explain your options and help you take the next step forward.
