Springfield Workers’ Compensation Attorneys
Diligently Advocating for Injured Workers in Sangamon County
Workplace injuries are common across a variety of industries. While workers’ compensation is designed to provide financial relief to workers who are injured on the job, the road to recovering benefits can be long and tedious. If you were injured in the workplace in Springfield, seeking legal counsel from an experienced workers’ compensation lawyer is paramount to navigating the complexities of the claims process while prioritizing your health and recovery.
At Haxel Law, we understand the physical, emotional, and financial burdens that come with a work-related injury. From affording medical care to providing for your family during your recovery, the last thing you need is more stress. That’s why our workers’ compensation attorneys are dedicated to providing compassionate representation to injured workers in Sangamon County. With four decades of experience and a reputation for achieving exceptional verdicts, you can trust our firm to safeguard your rights while advocating for the benefits you deserve.
With over 100 combined trials and appeals in workers’ compensation and personal injury cases, our team is prepared to take cases to court when necessary to protect our clients’ best interests.
If you were injured on the job, our Springfield workers’ comp lawyers can aggressively pursue the benefits you deserve. Contact us online to discuss your case.
Common Workers’ Comp Cases We Handle
Regardless of your occupation, workplace accidents can lead to serious injuries. Seeking prompt legal representation after a job-related injury is paramount to recovering workers’ compensation benefits for your injuries. Fortunately, our firm has decades of experience protecting the rights of workers in a variety of occupations.
Common employment industries and professions we serve include:
Understanding Illinois Workers’ Compensation Laws
The Illinois Workers’ Compensation Act provides financial protection for employees who are hurt on the job. Most employees who are injured at work are eligible for benefits, including full-time, part-time, and temporary workers. State law requires all employers to carry workers' compensation insurance, with rare exceptions for sole proprietorships and limited liability companies.
To be eligible for workers’ compensation benefits, the employee must meet the following criteria:
- The injury must have occurred during the course of employment.
- The employee must be an actual employee, not an independent contractor.
- The accident or injury must have been caused by work-related duties or conditions.
By law, you must notify your employer of your injury—either orally or in writing—within 45 days of the accident. Failing to meet this critical deadline can jeopardize your entire claim.
You generally have three years from the date of the injury (or two years from the date of the last compensation payment, whichever is later) to file a formal Application for Adjustment of Claim with the Illinois Workers’ Compensation Commission (IWCC).
Common Job-Related Injuries Leading to Workers’ Comp Claims
Work-related injuries can range from minor to severe, but all of them deserve proper compensation. Regardless of the type or severity of the injury, our attorneys can work tirelessly to recover the full benefits you’re entitled to under state law.
Our firm represents workers in workers’ comp cases following a variety of work-related injuries and illnesses, such as:
- Burns and scarring
- Back and neck injuries
- Occupational diseases
- Spinal cord injuries (SCI)
- Fractures and broken bones
- Traumatic brain injuries (TBI)
- Respiratory illnesses due to toxic exposure
- Repetitive stress injuries (RSI)
Legal Process of a Workers' Comp Claim in Illinois
Navigating a contested workers' compensation claim requires strict adherence to legal procedures. Understanding what to expect can help demystify the path forward:
Filing the Claim
If your benefits are denied or underpaid, your lawyer will file a formal Application for Adjustment of Claim with the Illinois Workers’ Compensation Commission (IWCC).
Case Status and Discovery
Once filed, your case is assigned to an IWCC Arbitrator. The case will be called for status every three months, during which both sides gather medical records, depositions, and expert testimonies.
Arbitration Hearing
If a fair settlement cannot be reached through negotiation, your case will proceed to a formal arbitration hearing. This functions similarly to a trial. Your Springfield workers' compensation lawyer will present evidence, cross-examine witnesses, and argue your case before the Arbitrator.
The Decision and Appeals
The Arbitrator will issue a written, legally binding decision regarding your benefits. If either party disagrees with the ruling, the decision can be appealed to a panel of three IWCC Commissioners, and potentially further into the Illinois judicial system.
Common Reasons Workers' Comp Benefits Are Denied
Despite the no-fault nature of the system, insurance providers frequently prioritize their bottom lines over your well-being. It is highly common for valid workers' compensation claims to face sudden delays or outright denials. Some of the most frequent reasons cited for denials include:
- Failure to Provide Timely Notice: The insurance company may claim you did not report the injury to your employer within the required 45-day window.
- Pre-Existing Conditions: Insurers often argue that your current pain is a result of an old injury or natural degeneration, rather than the recent workplace incident.
- Dispute Over Scope of Employment: The insurance provider may claim that your accident occurred outside of work hours, during a personal detour, or while violating company safety policies.
- Lack of Medical Evidence: If you delay seeking medical treatment or fail to follow your doctor’s prescribed care plan, the insurer may argue that your injury is not severe or was caused by an unrelated event.
- Independent Medical Examination (IME) Contradictions: Insurance companies frequently send injured workers to an IME doctor of their choosing. Unsurprisingly, these doctors often conclude that you are fully healed and ready to return to work, contradicting your treating physician.
Frequently Asked Questions
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When Am I Entitled to Workers’ Compensation as a Construction Worker in Illinois?
Employees of construction firms are entitled to workers’ compensation benefits when they sustain an injury arising out of and in the course of employment. This means that the injury must have occurred while performing job-related duties or as a result of work-related activities. It is not necessary for the injured worker to prove employer negligence to receive these benefits.
Unlike some states, Illinois does not always require construction industry employers to cover all their workers with a workers’ compensation insurance policy. More specifically, construction employers are only legally obligated to cover employees. Independent contractors are not usually covered by workers’ compensation insurance.
So, if you are classified as an employee, you are likely entitled to workers’ compensation benefits when you suffer an on-the-job injury. If you are classified as an independent contractor, your case can be more complicated.
The unfortunate reality is that many construction firms deliberately misclassify employees as independent contractors to avoid having to pay for benefits – including workers’ compensation coverage. However, you may still be considered an employee under the law and are thus entitled to workers’ compensation benefits if you meet certain criteria.
Even if you are classified as an independent contractor by your employer, you may be considered a construction employee if any of the following is true:
- Your employer closely dictates how you must complete your job responsibilities.
- Your job responsibilities consist of work usually done by your employer.
- You do not conduct your work as part of an independent business.
The bottom line: You should not assume you are not entitled to workers’ compensation benefits as a construction worker, even if your employer claims that you are an independent contractor. Our construction workers’ compensation attorneys in Springfield, IL, can determine whether you have been misclassified and whether you are eligible for benefits. If you are a legitimate independent contractor, we may still be able to help you seek compensation through a personal injury claim if someone else’s negligence caused the accident that harmed you.
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What Disqualifies You from Workers’ Compensation in Illinois?
You can often receive workers’ compensation benefits even if you are responsible for your injuries. However, there are some important exceptions, including behaviors that can disqualify you from workers’ comp. Our team at Haxel Law can anticipate strategies insurers use to try to deny claims and help you understand whether any of these disqualifying factors apply to your case.
Your employer or their insurer may have the right to deny your workers’ compensation claim if your injuries were the result of:
- Horseplay
- Self-harm
- Intoxication
- Drug-related impairment
- A violation of company policy (such as attempting to operate heavy machinery you were not authorized to use)
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Deadlines for Filing a Construction Workers’ Compensation Claim in Illinois
You need to act quickly after suffering an on-the-job injury. You must report your work-related injury to your employer within 45 days of the date you were injured or the date you discovered or reasonably should have discovered your work-related injury. This report should be made in writing, and you should ideally submit it as soon as possible to help prevent disputes. If you wait too long to report your injury, your claim may be denied.
You have more time to file your workers’ compensation claim once your initial report has been made. In Illinois, you have three years from the date you were injured (or the date you discovered your injury) or two years from the last payment of benefits, whichever date comes later.
Why Choose Haxel Law?
Choosing the right attorney after a construction accident is one of the most consequential decisions you will make during your recovery. Our team at Haxel Law believes that trust is built on transparency — and that means letting our results do the talking.
We have secured settlements and trial victories for injured workers across a wide range of construction and workers' compensation cases, including a successful trial win on behalf of a construction worker whose employer refused to pay for a work-related shoulder surgery. When that employer said no, we went to court — and we won.
Recognized by Martindale-Hubbell and rated 9.2 on Avvo, Martin Haxel brings more than four decades of workers' compensation and personal injury experience to every case. Whether your claim involves a disputed injury, a denied benefit, or an employer who has misclassified you as an independent contractor to avoid coverage, our team has the knowledge and courtroom experience to protect your rights.
Contact our Springfield construction accident lawyers today for a free consultation.
Hear From Our Happy Clients
At Haxel Law, your satisfaction is our priority! See for yourself what our clients have to say about working with us.
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"I will definitely use Haxel Law again!"I’m so grateful for the legal assistance I received from Haxel Law. Martin is extremely knowledgeable and guided me throughout the process. I recommend Martin Haxel. He’s no nonsense and gets the job done. If needed I will definitely use Haxel Law again.- Sally B.
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"Thank you, Martin."When I got injured, I knew I was going to be out of work. I knew I was going to be struggling with my family. I was really worried about the direction my life had turned towards. If I hadn't contacted Martin Haxel. I would still be fighting to get what I deserved. What was owed to me. Mr. Haxel however, stayed with me. He told me the truth. He didn't lie, or manipulate anything. He was honest and informative. He was the hope I didn't have at that time. He struggled with me to get all of it resolved. He did it with integrity, honesty, and a sincere understanding of what I was going through. To anyone considering having Mr. Haxel represent them in similar situations...I would say, you couldn't pick a better person. He's a great lawyer. He does great work. He's a nice person with a lot of experience in this field. If there's anyone you can turn to when no one will listen or even attempt to help you do what is right...Mr. Haxel is the one. I can't say enough good things about him. Now that my case is settled thanks to his work, I'm going to miss having someone having my back. He's a good man and I hope he feels good about what he's done when he lays down to sleep and reflects on his days, weeks, months, and years. People like him, give people hope, and faith that there are good people still roaming around this crazy thing called life. Martin, thank you. You're a beast.- Chris Y.
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"Highly Recommend"Attorney Martin Haxel fought long and hard for a fair and just settlement. I recommend Haxel Law for your Work Comp case.- Karyn S.
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"No One Better"I was referred to Martin by my original attorney. My original attorney didn't want to spend the time and money to represent me because my case was going to be difficult, time-consuming, and against the City of Champaign. I am so glad that Martin was willing to take my case and see it through. If you have a "hidden injury" like me or even an obvious injury Martin will handle it very professionally and give it the attention that you deserve.- John M.
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"What a great experience!"I strongly recommend Haxel Law Firm to everyone. In fact, he has now taken on my fiance as a client. Thanks Marty for what you did for me!- David S.
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"Made Everything Easy for Me"His assistant was very pleasant and helpful as well. If he wasn't available when I called and left a message he was always prompt to respond to my messages and emails. I would highly recommend him to anyone who can use his skills!- David N.
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"Martin Truly Cares About You"I had a life-changing experience 4 years ago. Mr Haxel continually worked with the insurance company to settle the workman comp claim. Mr. Haxel was always available to call if you had any concerns and was always willing to listen to you.- Marvin S.
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"Marty was great to work with!"He kept in communication and made the process as stress-free as possible. Hopefully I never need a personal injury attorney again, but if I do, I wouldn't hesitate to hire Marty.- Kristi D.
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"Very Positive Experience Representing My Daughter"Very responsive and patient answering all my questions. I hope to never be in a situation of needing a lawyer again, but if I did, I would 100% contact Martin again.- Jim P.