Back Injury Workers’ Compensation in Illinois

Experienced Chicago Attorneys Recovering Workers’ Comp Benefits 

IL Work Injury Lawyer can help you pursue the back injury workers’ compensation benefits you deserve. Whether your injury was caused by lifting, repetitive motion, or a fall, our workers’ compensation attorneys can guide you through every step of the legal process and fight to secure full workers’ comp benefits on your behalf.

Settlements & Verdicts Recovered by Our Law Firm Based in Chicago

Our law firm has helped injured workers across Chicago recover substantial settlements.

$14,200,000 – Four warehouse workers suffered spinal cord and brain injuries in a roof collapse. Code violations and known hazards led to a $14.2 million recovery.

$2,750,000 – Three workers sustained spinal injuries in a job-related helicopter crash near Joliet. Combined workers’ compensation and third-party claims resulted in $2.75 million.

$480,000 – A carpenter fell through an unsecured floor opening in Lincoln Park, requiring back surgery. Workers’ comp and liability claims secured a $480,000 settlement.

Why Trust Your Case with IL Work Injury Lawyer

Our Chicago work injury lawyer team focuses exclusively on helping injured workers recover the benefits they’re entitled to. With a 10/10 Avvo rating and recognition from Super Lawyers, we’ve recovered over $500 million for clients across Illinois.

Types of Work-Related Back Injury Cases We Handle

At IL Work Injury Lawyer, we handle a wide range of work-related back injury cases. These injuries can vary in severity and may affect different parts of the spine.

• Herniated or bulging discs
• Spinal cord injuries
• Compression fractures
• Lumbar strain and sprain
• Degenerative disc disease aggravated by job duties
• Facet joint injuries
• Vertebral fractures
• Sciatica or nerve impingement
• Chronic lower back pain due to repetitive stress
• Post-surgical complications following back surgery

Such injuries covered by workers’ comp typically result in long-term pain and ongoing treatment. 

What Are the Most Common Causes of Back Injuries in the Workplace?

Back injuries are among the most common reasons for filing a workers’ compensation claim. In many cases, they result from repetitive movements or sudden physical strain. Some of the most frequent causes include heavy lifting, poor lifting techniques, slips and falls, prolonged sitting or standing, and operating heavy machinery. 

Workers in construction, warehousing, healthcare, and transportation are especially at risk. Unsafe work environments, lack of proper training, and failure to follow safety protocols can also contribute.

What Workers’ Compensation Benefits Are Awarded in Back Injury Cases in Illinois?

In Illinois, workers suffering a job-related back injury may be entitled to benefits covering medical expenses and lost income.

Covered medical care includes surgery, medication, diagnostic imaging (MRI, X-rays, CT scans), hospitalization, and emergency care. Workers may also receive mileage reimbursement for travel to medical appointments, as well as medical coverage for assistive devices and home or vehicle modifications in severe cases.

Wage replacement benefits include temporary total disability (TTD), temporary partial disability (TPD), permanent partial disability (PPD), and permanent total disability (PTD). In cases where the injured employee can no longer earn the same wages, wage differential benefits may apply. Vocational rehabilitation and maintenance benefits are available to support retraining efforts.

For fatal injuries, surviving family members may receive death benefits and funeral or burial expenses up to $8,000. These benefits help workers recover and maintain financial stability during recovery.

What Is the Average Workers’ Compensation Back Injury Settlement in Illinois?

According to Law.com‘s VerdictSearch, the average workers’ compensation settlement involving back injury in Illinois is $2,376,693, with a median of $1,919,000. These figures reflect a wide range of case outcomes, from as low as $51,934 to as high as $9,000,000.

Several factors affect the final settlement amount, including:

• Severity of the back injury 
• Extent of disability, whether partial or total
• Cost of medical treatment, such as surgery, physical therapy, or long-term care
• Lost wages and diminished earning capacity
• Whether the case involves third-party liability

Cases involving third-party negligence—such as a subcontractor or equipment manufacturer—often result in higher payouts because injured workers may pursue additional damages through a personal injury lawsuit, beyond standard workers’ comp benefits.y pursue additional damages through a personal injury lawsuit, beyond standard workers’ comp benefits.

Example Cases in Cook County

$2.8M Jury Award for Rail Worker Slipping on Iron Ore Pellets

Jerry Young, a 60-year-old rail worker, slipped on taconite pellets while working for BNSF near Litchfield. He sustained herniated discs in his neck and back, requiring injections and ongoing pain management. Experts said he would need four spinal surgeries. BNSF argued age-related degeneration and contributory negligence. The jury found BNSF 70% at fault, awarding $4,082,716, reduced to $2,857,901.20 due to comparative fault.

$2.5M Settlement for Window Washer Injured in Roof Fall

Jeffrey Mueller, 20, fell 30 feet from a hospital roof on his first day as a window washer. He suffered crush injuries to his feet and spine, a pelvic fracture, and wrist injury, later requiring amputation of his left leg below the knee. The hospital lacked roof anchors for harnesses. Mueller alleged it failed to provide a safe workplace. The case settled for $2.5 million, with his employer keeping its workers’ comp obligations open for future medical care, expected to exceed $1 million.

$2M Recovery for Back Injury in Construction Site Fall

Brian Budrik, working on the Hollywood Casino project in Aurora, fell while stepping off a steel plate using an unstable wooden spool. He claimed back injuries and disability. He sued the general contractor, Wegman, and the scaffolding subcontractor, Interstate. Wegman was found 26% at fault; Budrik was 38% at fault. His gross award of $3,288,805 was reduced to $2,039,059.10. Claims against his employer and other parties were dismissed or resolved before trial.

Why You Need an Experienced Workers’ Comp Attorney

Back injury cases can quickly become complicated, especially when employers or insurance companies dispute the extent of the injury or whether it’s work-related. Insurers often push back on spinal injuries, arguing that the pain stems from pre-existing conditions or non-work activities. Without an experienced work injury attorney, you risk delays, denied claims, or reduced benefits.

At IL Work Injury Lawyer, we know how to present clear medical evidence, challenge biased IME reports, and fight for fair compensation in venues like the Illinois Workers’ Compensation Commission and Cook County Circuit Court. We handle every step—from filing your claim to appealing denials—so you can focus on recovery.

How Common Are Back Injuries in the Workplace?

Data from the CPWR (Center for Construction Research and Training) shows that construction workers had a back injury rate of 24.5 per 10,000 full-time employees (FTEs)—well above the all-industry average of 21.4. 

Within construction, glaziers experienced the highest rate of back injuries at 97.8 per 10,000 FTEs, followed by masonry, roofing, and drywall trades. Among workers aged 35–54, nearly 40% of construction workers reported suffering back pain, significantly higher than the general workforce.

In addition, a longitudinal study found that 57% of painters, 41% of concrete builders and bricklayers, and 38% of carpenters and unskilled workers reported low back pain in the past 12 months. Working more than 10 years as a bricklayer doubled the odds of developing a chronic low back disorder.

Where Do Back Injuries Occur Most Often in Chicago?

Back injuries can happen in any workplace, but some locations and job sites in Chicago present higher risks. Warehouses along Pulaski Road, shipping facilities near the I-55 Stevenson Expressway corridor, and construction sites in neighborhoods like West Loop and Bronzeville frequently report back injuries. 

Workers at O’Hare International Airport often suffer spinal injuries while handling heavy luggage or cargo. Employees in hospitals such as Rush University Medical Center and UI Health face repetitive lifting and patient transfer tasks that commonly lead to back injuries.

Office workers in high-rise buildings along LaSalle Street and Michigan Avenue can also develop pain due to poor ergonomics or slip and fall incidents. In industrial areas near Little Village and South Lawndale, machine operators and laborers are at constant risk of injuries caused by heavy equipment and awkward movements. 

What Laws Govern Back Injury Workers’ Comp Claims in Illinois?

Back injury workers’ comp claims in Illinois are governed by the Illinois Workers’ Compensation Act (820 ILCS 305). This law provides a no-fault system, meaning injured workers can recover benefits without proving their employer was negligent. Under section 305/5(a), workers generally cannot sue their employer directly for a work-related back injury if it’s covered by workers’ compensation. 

However, if a third party—such as an equipment manufacturer or subcontractor—contributed to the injury, the worker may file a separate personal injury lawsuit. In those cases, Illinois’ comparative negligence law (735 ILCS 5/2-1116) will apply to determine fault and damages.

How Long Do I Have to File a Back Injury Claim in Illinois?

Under 820 ILCS 305/6(d), injured workers in Illinois generally have three years from the date of the back injury, or two years from the last payment of workers’ compensation benefits—whichever is later—to file a claim. For third-party personal injury lawsuits, the deadline is two years under the Illinois Statute of Limitations (735 ILCS 5/13-202).

Who Is Legally Liable for Work-Related Injuries to the Back?

In most back injury workers’ comp claims, the injured worker cannot sue their direct employer due to Illinois’ no-fault system under the Workers’ Compensation Act (820 ILCS 305). However, other parties may still be held legally liable depending on how the injury happened. 

For example, a third-party contractor, property owner, equipment manufacturer, or maintenance company may be responsible if their negligence contributed to the injury. If faulty machinery caused the back injury, the manufacturer could face a separate injury claim. In cases involving unsafe premises, a building owner or manager may also share liability for failing to maintain a safe work environment.

OSHA Recommendations to Avoid Injuries to the Back

The Occupational Safety and Health Administration (OSHA) recommends a range of engineering and administrative controls to reduce the risk of work-related back injuries. Tasks should be designed to limit heavy lifting, awkward postures, and repetitive motion. Keeping objects at waist height, using lift-assist devices, and positioning platforms or conveyors close to the worker can minimize spinal strain. 

Workstations should support an upright or seated posture with proper lumbar support. Training programs should cover ergonomics, safe lifting techniques, and early injury reporting. Regular breaks, job rotation, and the use of two-person lifts can also prevent overexertion and long-term back damage.

Common Defenses in Cases Involving Back Injuries

During the claims process, most employers and insurance companies often raise several defenses to deny or reduce benefits. A common claim is that the injury is pre-existing or unrelated to job duties. We counter this by using medical records, imaging scans, and expert testimony to prove the injury is work-related. 

Another defense is that the injury occurred outside of work. We build timelines, witness statements, and documentation showing the injury happened during work hours. Insurers may also argue that the injured worker failed to report the injury promptly. We present evidence of timely notice or show that any delay didn’t affect the validity of the claim.

How to Strengthen Your Workers’ Compensation Claim Following a Back Injury in Chicago

To protect your right to benefits in Chicago, you must notify your employer within 45 days of the injury (820 ILCS 305/6(c)). Delays can weaken your claim. Get medical attention right away and be sure your doctor notes that the injury is sustained at the workplace. Keep detailed records of your medical treatment, time missed from work, and any physical limitations. 

Don’t speak with the insurance company until you’ve consulted with a workers’ compensation lawyer. A lawyer can help document your injuries, communicate with the insurer, and guide you through the workers’ compensation process for a successful claim.

How a Back Injury Workers’ Comp Lawyer Can Help

A back injury workers’ comp lawyer plays a key role in helping injured workers secure the full benefits they’re entitled to. From the start, we will gather evidence, coordinate with your healthcare providers, and document how the injury affects your work duties and daily life. We’ll handle all communications with the insurance company and challenge any benefit denials or delays. 

If your claim is disputed or undervalued, we can represent you in hearings before the Illinois Workers’ Compensation Commission. Their goal is to secure fair compensation for your medical expenses, lost wages, and long-term disability if needed.

FAQs

How much does a back injury workers’ comp attorney cost?

Our work injury lawyers in Chicago work on a contingency fee basis. This means you pay nothing up front. If we win your case, we typically receive 20% of your workers’ comp settlement or award, as regulated by Illinois law. You owe nothing if there’s no recovery.

Is it hard to prove a back injury?

It can be. Many back injuries aren’t visible on standard imaging and may rely on subjective symptoms. That’s why prompt medical attention and detailed medical treatment records are essential. A workers’ comp attorney can help connect your injury to your job duties and counter insurance company pushback.

Is a back injury a permanent disability?

Some back injuries heal with time and treatment, but others—such as spinal cord damage or severe disc injuries—can lead to permanent disability. If your injury results in lasting limitations, you may qualify for permanent partial or total disability benefits under Illinois workers’ compensation law.

How can back injuries be prevented?

Preventing back injuries requires proper lifting techniques, ergonomic workstations, regular breaks, and employee training. Employers must also provide appropriate equipment and enforce safety standards. Failure to implement these measures may contribute to workplace accidents, and injured employees may be eligible for workers’ comp if harm occurs.

Do I need medical records to support my claim?

Yes. Medical treatment records are vital for proving a work-related injury and for establishing the extent of your condition. These records support your claim for benefits such as medical care, wage loss, and disability. Always attend follow-up visits and document symptoms.

Does Illinois workers’ comp cover surgery for herniated or bulging discs?

Yes. If your herniated or bulging disc is due to an injury sustained at work, workers’ compensation should cover necessary surgeries. This includes pre-surgical evaluations, the procedure itself, hospitalization, physical therapy, and post-op care, as long as it’s deemed medically necessary and connected to your work duties.

What role does spinal fusion recovery play in your workers’ compensation claim?

Recovery after spinal fusion can impact your ability to return to work and your eligibility for disability benefits. Prolonged recovery times and functional limitations may increase the value of your workers’ comp settlement, especially if your condition affects future employment.

How much is a typical workers’ compensation settlement after spinal fusion surgery?

Settlement amounts vary widely but can range from $51,934 to $9M, depending on the injury’s severity, your age, work capacity, and future medical needs. A spinal fusion typically increases the value of your claim due to permanent restrictions and ongoing treatment requirements.

Can I receive a settlement for undergoing a lumbar laminectomy?

Yes. If your lumbar laminectomy was required due to a work-related injury, you may be entitled to a workers’ comp settlement. Factors like medical costs, recovery time, lost income, and permanent impairment ratings will influence the total settlement value.

What factors affect the average settlement for back injuries that require surgery?

Several factors impact your settlement, including the type of surgery, recovery prognosis, your work duties, medical expenses, lost wages, and whether the injury causes permanent restrictions. Age, pre-existing conditions, and how your injury affects your ability to work in the future also play key roles.

Free Consultation for Back Injuries Covered by Workers’ Compensation!

If you suffered a back injury on the job, our experienced workers’ compensation attorneys are here to help you recover the benefits you deserve. At IL Work Injury Lawyer, we offer a free consultation to evaluate your claim and explain your legal options. 

We handle every case on a contingency fee basis, so you pay nothing unless we secure compensation for you. Whether your injury requires surgery, long-term care, or has affected your ability to work, we’re ready to fight for fair compensation. Contact us to speak with a workers’ comp lawyer now.