If you’re dealing with pain, missed work, and a confusing claim process, our head injury workers’ comp lawyers in Waukegan can provide answers and protect your rights.
At Charlie Therman Injury & Accident Lawyers, P.C., our team has more than 75 years of combined experience helping hardworking people across Illinois manage workers’ compensation claims. Our founding attorney’s background in the insurance industry gives us insight into how carriers evaluate and challenge claims, which we use to your advantage.
If your claim has been delayed, denied, or undervalued, we can take over the process so you can focus on getting better. Contact us to schedule a free consultation with one of our Waukegan workers’ compensation lawyers today.
How Our Waukegan Head Injury Workers’ Comp Lawyers Help
Head injury claims often come down to how well the medical evidence is documented and explained. Symptoms may not appear on imaging, and insurance carriers often question whether ongoing issues are related to the work accident. We focus on making sure your records clearly connect your condition to your job and accurately reflect your work restrictions.
Our firm handles the day-to-day issues that can affect your benefits. That includes addressing disputes over causation, responding to IME reports, and making sure wage and disability calculations are correct. When needed, we prepare your case for hearings before the Illinois Workers’ Compensation Commission so your position is supported by both medical and factual evidence.
When settlement becomes an option, our Waukegan personal injury lawyers evaluate it based on your actual work limitations, treatment needs, and long-term outlook. The goal is to resolve your case in a way that accounts for how the injury affects your ability to work going forward, not just close it quickly.
Your Rights After a Work Head Injury
After a workplace head injury, you have the right to immediate, reasonable, and necessary medical care at the employer’s expense. Illinois law allows a choice of two doctors (and their referrals), subject to any valid employer Preferred Provider Program rules.
You are also entitled to wage replacement if you miss work under a doctor’s orders. If you can work light duty but earn less, you can receive partial benefits to cover part of the gap. If you suffer lasting impairment, the law provides for permanent benefits based on your condition and work impact.
You cannot be lawfully fired for filing a claim or reporting an injury. Retaliation for exercising your rights can lead to separate legal action. Documentation of notice and doctor restrictions helps protect your job and your claim.
Benefits Available Under Illinois Workers’ Compensation Laws
Illinois workers’ compensation provides a range of benefits that apply to head injuries and brain trauma. The type and amount depend on your diagnosis, restrictions, and recovery timeline.
Common monetary and medical benefits include:
- All reasonable and necessary medical treatment and prescriptions.
- Temporary total disability (TTD) at two-thirds of your average weekly wage while you cannot work.
- Temporary partial disability (TPD) at two-thirds of the wage difference if you work reduced hours or earn less on light duty.
- Permanent partial disability (PPD) for lasting impairment, using either a schedule or person-as-a-whole assessment.
- Permanent total disability (PTD) for injuries that prevent any gainful employment, paid at the TTD rate.
- Vocational rehabilitation and maintenance benefits, when retraining is needed.
Wage differential benefits may apply if you cannot return to your old job and must accept a lower-paying position for the long term. In fatal cases, dependents may receive death benefits and a burial allowance.
Recognizing Symptoms and Getting the Right Care
Head injury symptoms can change over time. Some appear immediately, while others develop days later.
Common symptoms to look out for include:
- Headaches, dizziness, or balance issues
- Memory problems and difficulty concentrating
- Sensitivity to light or noise
- Mood changes, anxiety, or sleep disruption
- Vision problems or coordination issues
Keeping a daily log of symptoms can help your doctors and strengthen your case. It also ensures your treatment plan reflects what you are actually experiencing.
Important Reporting Deadlines to Remember
Illinois requires that you give notice of a work injury to your employer within 45 days of the accident or the date you realized the condition was work-related. Sooner is better. Provide written notice and keep a copy.
To preserve your claim, you must also file an Application for Adjustment of Claim with the Illinois Workers’ Compensation Commission (IWCC) within three years of the accident or within two years of the last workers’ compensation payment, whichever is later. Missing this deadline can bar recovery.
What to Do in the First 30 Days After a Work Accident
Get medical care right away and follow your doctor’s orders. Make it clear that your injury happened at work so your medical provider bills workers’ compensation and not your personal health insurance.
Report the injury to a supervisor in writing. Include the date, time, how it happened, and your symptoms. Ask for a copy of the report and any incident paperwork.
Keep track of your time off and any restrictions or limitations. Save every medical bill, mileage records from driving to appointments, and pharmacy receipts. Small details like these can add up to larger reimbursements and stronger proof of your losses.
When a Third Party May Also Be Liable
Workers’ compensation covers your medical bills and wage loss regardless of fault, but it does not pay for pain and suffering. If a third party contributed to your injury, like a negligent driver, subcontractor, or equipment manufacturer, you may be able to file a separate civil claim.
These claims must be coordinated with your workers’ compensation case to handle liens and credit issues. Filing both types of claims can potentially increase your total recovery.
Our Waukegan head injury workers’ compensation attorneys evaluate third-party liability early, preserve evidence, and keep both cases aligned. That way, one path does not undermine the other and ensures deadlines are met.
Our Waukegan Head Injury Workers’ Compensation Attorneys Are Here to Help
Our firm takes pride in being responsive, approachable, and prepared. We know how insurance companies operate, and we use that knowledge to fight for the full benefits our clients are entitled to.
If you are dealing with a work-related head injury, reach out today for a free consultation with one of our Waukegan head injury workers’ compensation lawyers.
