Chicago Office:
321 N. Clark Street 5th Fl
Chicago, IL 60654
Tel: 847-518-8000
Fax: 847-518-8006

Chicago Office:
By Appointment Only:
Tel: 312-861-1166

Randy W. Franklin

Admitted: Georgia, Illinois, Wisconsin
Law School: Massey Law College, JD.
College: Bradley University, B.A.

Workers Compensation

What is workers' compensation?
Workers' compensation, also known as workers' comp, is a state-mandated insurance program that provides compensation, wage replacement and medical benefits to employees who suffer job-related injuries and illnesses. While the federal government administers a workers' comp program for federal and certain other types of employees, each state has its own laws and programs for workers' compensation. In general, an employee with a work-related illness or injury can get workers' compensation benefits regardless of who was at fault, the employee, employer, coworker, customer or some other third party. In exchange for these guaranteed benefits, employees usually do not have the right to sue the employer in court for damages for those injuries.

While plans differ between jurisdictions, provision can be made for weekly payments in place of wages (as a form of disability insurance), compensation for economic loss (past and future), reimbursement or payment of medical and like expenses (as a form of health insurance), and benefits payable to the dependents of workers killed during employment (functioning in this case as a form of life insurance). General damages for pain and suffering, and punitive damages for employer negligence are generally not available in workers' compensation plans, and negligence is generally not an issue. In the United States, most employees who are injured on the job have an absolute right to medical care for any injury, and in many cases, monetary payments to compensate for resulting temporary or permanent disabilities. Most employers are required to subscribe to insurance for workers' compensation, and an employer who does not may have financial penalties imposed.

Workers Compensation cases are typically handled on a contingency basis, which means the award, if any, is paid at the end of the case and both the attorney and the client are therefore paid at that time. As a client of a person injury matter, you may be required to pay costs up front. Contact Franklin Law Offices today for questions about your workers' compensation rights