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Frequently Asked Questions

Workers' Compensation & Personal Injury FAQ

Get clear answers to the most common questions about workplace injuries, personal injury claims, your legal rights, and how WIN Injury Network can help.

🚀 Getting Started with WIN

What does WIN Injury Network do?

WIN Injury Network is a comprehensive network that connects injured workers and accident victims with three critical types of professionals — all under one roof:

  • Medical providers — doctors, surgeons, and therapists who specialize in treating workplace and accident injuries
  • Personal injury attorneys — experienced lawyers who fight for maximum compensation on your behalf
  • Financial professionals — advisors who help protect your income and navigate benefits while your case is resolved

We coordinate all three so nothing falls through the cracks. One call to (773) 831-5000 connects you with every resource you need.

How much does it cost to hire WIN Injury Network?

Nothing upfront — ever. WIN Injury Network works on a contingency fee basis, which means:

  • Your initial consultation is 100% free
  • There are no hourly fees or retainers
  • Our attorneys only get paid if you win your case
  • Medical referrals and first-appointment transportation are free

If we don't win your case, you owe us nothing for legal fees.

What is a contingency fee and how does it work?

A contingency fee means your attorney's payment is contingent on winning your case. There are no upfront costs, hourly charges, or retainer fees. Instead, the attorney receives a percentage of your final settlement or court award — typically 20% for workers' compensation cases in Illinois. If you don't receive compensation, you don't pay legal fees.

This arrangement ensures your attorney is fully motivated to maximize your settlement, because their payment depends on your success.

What areas does WIN Injury Network serve?

WIN Injury Network serves injured workers and accident victims throughout Illinois and Wisconsin, including:

  • Illinois: Chicago, Cicero, Aurora, Elgin, Naperville, Joliet, Waukegan, Rockford, Springfield, Champaign, and 100+ network locations statewide
  • Wisconsin: Milwaukee, Madison, Kenosha, Racine, Green Bay, Waukesha, and communities across southern and eastern Wisconsin

Our headquarters are at 712 North Dearborn Street, Chicago, IL 60654.

Do you offer services in Spanish (Español)?

Sí. WIN Injury Network provides fully bilingual services in both English and Spanish. Our team includes Spanish-speaking medical coordinators, attorneys, and support staff. We ensure you receive the same quality of care and representation regardless of your preferred language — nothing is lost in translation.

Does WIN provide transportation to appointments?

Yes. WIN Injury Network provides free transportation to and from your first medical appointment and legal consultation. We understand that injuries can make it difficult or impossible to drive, and we never want transportation to be a barrier to getting the care and representation you deserve.

How do I get started with WIN Injury Network?

Getting started is simple — and always free:

  1. Call us at (773) 831-5000 or fill out our free case evaluation form. We're available 24/7.
  2. Tell us what happened. A case manager will review your situation and explain your options — no pressure, no obligation.
  3. Get connected. We match you with the right doctors, attorneys, and financial professionals based on your injury, location, and needs.

The entire process can begin with a single phone call, and consultations are always free and confidential.

⚖️ Workers' Compensation Claims

What is workers' compensation?

Workers' compensation is a state-mandated insurance program that provides benefits to employees who suffer work-related injuries or illnesses. Benefits typically include:

  • Medical expenses — all reasonable and necessary treatment related to your injury
  • Temporary Total Disability (TTD) — wage replacement (typically 2/3 of your average weekly wage) while you're unable to work
  • Permanent Partial Disability (PPD) — compensation for lasting impairment
  • Vocational rehabilitation — retraining if you can't return to your previous job

Workers' comp is a no-fault system, meaning you can receive benefits regardless of who caused the injury — you don't have to prove your employer was negligent.

What types of injuries does workers' compensation cover?

Workers' compensation covers virtually any injury or illness that arises out of and in the course of employment, including:

  • Sudden injuries: falls, machinery accidents, vehicle crashes, being struck by objects
  • Repetitive stress injuries: carpal tunnel syndrome, tendonitis, back injuries from repeated lifting
  • Occupational illnesses: conditions caused by chemical exposure, asbestos, noise-induced hearing loss
  • Aggravation of pre-existing conditions: if work duties worsen an existing injury or condition
  • Mental health conditions: work-related PTSD, anxiety, or depression (with supporting evidence)

Even injuries sustained during work-related travel, lunch breaks on company premises, or company events may be covered.

How long do I have to file a workers' compensation claim in Illinois?

In Illinois, the key deadlines are:

  • 45 days — you must notify your employer of the injury in writing
  • 3 years from the date of injury — to file a workers' compensation claim with the Illinois Workers' Compensation Commission (IWCC)
  • 2 years from the last payment of compensation — whichever is later

Important: Filing sooner is always better. Delayed reporting can make it harder to prove your injury was work-related and may give insurers grounds to dispute your claim.

How long do I have to file a workers' compensation claim in Wisconsin?

In Wisconsin, the deadlines are:

  • 30 days — you should report your injury to your employer (while not a hard deadline, late reporting can jeopardize your claim)
  • 2 years from the date of injury — to file a formal claim with the Wisconsin Division of Workers' Compensation
  • 2 years from the last payment of compensation — whichever is later

For occupational diseases, the deadline is 2 years from the date you knew (or should have known) the condition was work-related.

Can I be fired for filing a workers' compensation claim?

No. Both Illinois and Wisconsin law prohibit employers from retaliating against employees who file workers' compensation claims. Retaliation includes firing, demotion, pay cuts, reduced hours, or hostile treatment.

If your employer retaliates against you for filing a claim, you may have grounds for a separate retaliation lawsuit with additional damages. Document everything and contact a workers' compensation attorney immediately if you believe you're being retaliated against.

What if my workers' compensation claim is denied?

A denial is not the end of your case. Many legitimate claims are initially denied. Common reasons include late reporting, disputes about whether the injury is work-related, or insufficient medical evidence. You have the right to:

  1. Appeal the denial — file a petition with the Workers' Compensation Commission
  2. Gather additional evidence — medical records, witness statements, independent medical evaluations
  3. Request a hearing before an arbitrator who will review the evidence

Having an experienced workers' comp attorney significantly improves your chances of overturning a denial. Contact WIN at (773) 831-5000 for help with denied claims.

How long does a workers' compensation case take to settle?

Settlement timelines vary based on several factors:

  • Simple, undisputed claims: may settle in 3-6 months
  • Moderate claims with some disputes: typically 6-12 months
  • Complex or heavily disputed claims: can take 1-2+ years

Key factors that affect timing include injury severity, whether you've reached Maximum Medical Improvement (MMI), the degree of dispute from the insurance company, and whether the case goes to hearing or trial. Your attorney will work to resolve your case as efficiently as possible without sacrificing the compensation you deserve.

What is the average workers' compensation settlement amount?

There is no single "average" because settlements depend on many factors specific to your case:

  • Nature and severity of your injury
  • Average weekly wage at the time of injury
  • Duration of treatment and whether surgery was required
  • Permanent restrictions or disability rating
  • Impact on future earning capacity

Settlements can range from a few thousand dollars for minor injuries to $100,000–$500,000+ for serious injuries requiring surgery and resulting in permanent restrictions. An experienced attorney can evaluate your specific situation and provide a realistic estimate.

Can I choose my own doctor for a workers' comp injury?

In Illinois: Yes. You have the right to choose your own treating physician, and you're allowed up to two doctor choices under the Workers' Compensation Act. Your employer cannot force you to see only their company doctor (though they can request an Independent Medical Examination).

In Wisconsin: Your employer may initially direct treatment to a specific provider, but you can request a change of physician. After the initial treatment period, you generally have more freedom to choose.

WIN Injury Network can connect you with doctors who specialize in treating workplace injuries and understand the workers' compensation process.

What is Maximum Medical Improvement (MMI)?

Maximum Medical Improvement (MMI) is the point at which your doctor determines that your condition has stabilized and is unlikely to improve significantly with further treatment. Reaching MMI does not mean you're fully recovered — it means your condition is as good as it's going to get.

MMI is an important milestone because:

  • Your doctor will assign a permanent impairment rating
  • This rating is used to calculate your Permanent Partial Disability (PPD) settlement
  • Settlement negotiations typically begin after you reach MMI

Never accept a settlement before reaching MMI unless advised by your attorney — settling too early can leave significant money on the table.

Can I get workers' compensation if I was partially at fault for my injury?

Yes. Workers' compensation is a no-fault system. You can receive benefits even if your own carelessness contributed to the injury. There are only a few narrow exceptions:

  • The injury was caused by voluntary intoxication (drugs or alcohol)
  • The injury was self-inflicted intentionally
  • The injury occurred during horseplay initiated by the employee (in some circumstances)

In the vast majority of cases, fault does not matter for workers' comp. Even if you made a mistake on the job, you are still entitled to benefits.

🏥 Medical Care & Treatment

Can I see a doctor if my employer denied my workers' comp claim?

Yes — absolutely. A claim denial does not mean you must go without medical care. WIN Injury Network can connect you with doctors who treat patients on a lien basis, meaning the medical provider waits for payment until your case is resolved. You should never delay necessary medical treatment because of a claim denial.

Getting documented medical treatment also strengthens your appeal if you choose to fight the denial.

What should I do immediately after a workplace injury?

Take these steps as soon as possible after a workplace injury:

  1. Get medical attention — your health comes first. Go to the ER if it's an emergency, or see a doctor as soon as possible.
  2. Report the injury to your employer in writing — within 45 days in Illinois, 30 days in Wisconsin. Include the date, time, location, and how the injury occurred.
  3. Document everything — take photos of the injury and the scene, write down witness names and contact info, and keep all medical records and bills.
  4. Do NOT give a recorded statement to the insurance company without consulting an attorney first.
  5. Call WIN Injury Network at (773) 831-5000 for a free consultation before making any decisions about your claim.
What is an Independent Medical Examination (IME)?

An Independent Medical Examination (IME) is an evaluation requested by the insurance company and performed by a doctor of their choosing. Despite the name, IMEs are not truly independent — the examining doctor is typically paid by the insurer and may be inclined to minimize your injuries.

Important things to know about IMEs:

  • You must attend if legally requested — refusing can jeopardize your benefits
  • The IME doctor is not your treating physician and will not provide treatment
  • You have the right to bring someone with you to observe
  • Be honest and consistent — the IME doctor will compare your statements to your medical records
  • Your attorney can challenge the IME findings if they contradict your treating doctor's assessment
What types of medical treatment are covered by workers' comp?

Workers' compensation covers all reasonable and necessary medical treatment related to your work injury, including:

  • Emergency room visits and hospital stays
  • Doctor visits, specialist consultations, and follow-ups
  • Surgery and post-surgical care
  • Physical therapy, occupational therapy, and rehabilitation
  • Diagnostic imaging (X-rays, MRIs, CT scans)
  • Prescription medications
  • Chiropractic care
  • Medical equipment (braces, crutches, wheelchairs)
  • Mileage reimbursement for travel to medical appointments

You should not have to pay out-of-pocket for any treatment related to a work injury.

My employer's doctor says I can return to work, but I'm still in pain. What do I do?

You have the right to seek a second opinion from a doctor of your choosing. The employer's doctor or insurance company doctor may have an incentive to release you to work prematurely. If your own physician disagrees with the return-to-work assessment:

  • Follow your treating doctor's recommendations, not the employer's doctor
  • Get your doctor to document your restrictions and ongoing symptoms in writing
  • Contact an attorney — disputes over return-to-work are common and often require legal intervention

Never return to work in a way that could worsen your injury or put your safety at risk.

🚗 Personal Injury Claims

What is the statute of limitations for personal injury in Illinois?

In Illinois, the statute of limitations for personal injury claims is 2 years from the date of the injury. If you miss this deadline, you permanently lose your right to file a lawsuit. For wrongful death claims, the deadline is also 2 years from the date of death.

There are some exceptions that may extend or shorten this timeline (such as claims against government entities, which have a 1-year deadline). Contact an attorney as soon as possible to protect your rights.

What is the statute of limitations for personal injury in Wisconsin?

In Wisconsin, the statute of limitations for personal injury is 3 years from the date of injury. For wrongful death claims, the deadline is 3 years from the date of death. Claims against government entities may have shorter notice requirements.

What types of personal injury cases does WIN handle?

WIN Injury Network handles a wide range of personal injury cases, including:

  • Car accidents — collisions, hit-and-run, rideshare accidents
  • Truck and semi-truck accidents
  • Motorcycle accidents
  • Slip and fall injuries — on commercial or residential property
  • Construction accidents
  • Wrongful death
  • Product liability — injuries caused by defective products
  • Premise liability — injuries on someone else's property

If you've been injured due to someone else's negligence, call (773) 831-5000 for a free case evaluation.

How is pain and suffering calculated in a personal injury case?

Pain and suffering compensation accounts for the non-economic impact of your injury. There are two common methods:

  • Multiplier method: your total medical expenses are multiplied by a factor of 1.5 to 5 depending on injury severity
  • Per diem method: a daily rate is assigned for each day you experience pain and limitations

Factors that influence the amount include:

  • Severity and permanence of the injury
  • Impact on daily life and activities
  • Duration of recovery
  • Emotional and psychological impact
  • Whether surgery was required

Illinois has no cap on pain and suffering damages in personal injury cases.

💰 Settlements & Benefits

How much of my workers' comp settlement do I get to keep?

In most cases, the deductions from your settlement include:

  • Attorney fees: typically 20% of the settlement in Illinois workers' comp cases
  • Medical liens: repayment for medical treatment received on a lien basis
  • Medicare/Medicaid liens: if applicable, these must be repaid from the settlement

Your attorney can often negotiate medical liens down, which puts more money in your pocket. After all deductions, most clients take home 60-80% of their settlement. Your attorney should provide a clear breakdown of all deductions before you agree to any settlement.

What benefits am I entitled to while my case is pending?

While your workers' compensation case is pending, you may be entitled to:

  • Temporary Total Disability (TTD): 2/3 of your average weekly wage if you're completely unable to work
  • Temporary Partial Disability (TPD): partial wage replacement if you can work but in a reduced capacity
  • Medical treatment: all necessary medical care related to your injury, paid by the insurer
  • Vocational rehabilitation: job retraining if you can't return to your previous position

TTD benefits in Illinois are subject to minimum and maximum weekly rates set by the state each year.

Can I receive workers' comp benefits and Social Security Disability (SSDI) at the same time?

Yes, you can receive both — but there may be an offset. Federal law limits the combined total of workers' comp and SSDI to 80% of your pre-injury average earnings. If the combined benefits exceed that threshold, your SSDI payments may be reduced.

An experienced attorney can help you structure your workers' comp settlement to minimize the SSDI offset, potentially saving you tens of thousands of dollars over the life of your disability benefits.

What happens to my workers' comp if I quit my job?

Quitting your job does not automatically end your workers' compensation benefits. If you have an existing claim:

  • Your right to medical treatment for the work injury continues
  • Your TTD benefits may continue if you're still unable to work due to the injury
  • Your settlement negotiations can proceed

However, quitting can complicate your case. The insurance company may argue you're able to work. Always consult your attorney before quitting while a workers' comp case is pending.

Can I get a cash advance or pre-settlement loan while my case is pending?

Yes, pre-settlement funding is available for personal injury cases. These are not traditional loans — they're non-recourse advances, meaning you only repay if you win your case. However, be aware:

  • Interest rates can be very high (often 30-60% annualized)
  • The advance reduces your final take-home amount
  • Your attorney must typically approve the funding

Pre-settlement funding should be a last resort for essential living expenses. Talk to your attorney about alternatives first.

🛡️ Your Rights & Protections

Do undocumented workers have the right to workers' compensation?

Yes. In both Illinois and Wisconsin, immigration status does not affect your right to workers' compensation benefits. If you were injured on the job, you are entitled to medical treatment and wage benefits regardless of your documentation status. Employers and insurance companies cannot use your immigration status to deny or reduce your claim.

WIN Injury Network provides confidential, bilingual services and will never report your immigration status to any authority.

Can my employer's insurance company spy on me or conduct surveillance?

Yes, this is legal and it happens more often than you'd think. Insurance companies may hire private investigators to conduct surveillance, monitor your social media profiles, or record your activities in public. Important precautions:

  • Be consistent — don't do activities in public that contradict your reported limitations
  • Be careful on social media — avoid posting photos or updates about physical activities, travel, or events that could undermine your claim
  • Be honest with your doctor and attorney about your capabilities and limitations

If you suspect surveillance, inform your attorney immediately.

What if my employer doesn't have workers' compensation insurance?

In Illinois, all employers are required to carry workers' comp insurance (with very few exceptions). If your employer illegally fails to carry insurance:

  • You can file a claim with the Illinois Workers' Compensation Commission
  • You may also sue your employer directly in civil court — unlike standard workers' comp, this allows you to recover pain and suffering damages
  • Your employer faces significant penalties for operating without insurance

Contact WIN Injury Network immediately if you've been injured at a job that doesn't carry workers' comp. You still have rights and options.

Didn't Find Your Answer?

Every case is unique. Talk to our team for personalized guidance — it's free, confidential, and takes less than 5 minutes.

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