Heavy Lifting Injury Workers’ Compensation in Illinois

Experienced Chicago-Based Attorneys

Many workplaces in Chicago require employees to lift heavy objects. Some roles include lifting on a regular basis, while other positions only need it for certain tasks. Lifting injuries are common among construction workers, warehouse workers, and industrial employees, but they can happen to anyone. Fortunately, if you get hurt at work, you can obtain heavy lifting injury workers’ compensation.

Earning the workers’ compensation benefits you deserve is not always easy. At IL Work Injury Lawyer, our Chicago-based workers’ comp attorney team is dedicated to supporting injured workers throughout the state. Whether your lifting injuries occurred in an office setting or a warehouse, we will help you secure fair compensation for your losses. 

Why Choose IL Work Injury Lawyer

Workplace injuries can lead to a complex claims process that is often unsuccessful. Insurance companies may claim you are exaggerating your suffering or undermine your disability rating. 

A top-rated law firm can make all the difference in pursuing a successful outcome. Our attorneys are recognized among the top 5% of legal professionals by Super Lawyers. We also maintain an A+ grade from the Better Business Bureau. IL Work Injury Lawyer holds a 98% success rate when representing injured workers.

What Are the Most Common Causes of Heavy Lifting Injuries in Illinois Workplaces?

Numerous circumstances may cause a work-related lifting injury. Employers are supposed to enforce safety standards in their workplaces to prevent these types of injuries. Unfortunately, negligence by employers, coworkers, and contractors could still lead to a work-related injury. 

Here are some of the most common causes of lifting injuries covered by Illinois workers’ compensation:

• A lack of proper training on lifting techniques
• The absence of lifting aids like hoists, forklifts, or belts
• Overloaded or unbalanced materials
• Poor work site ergonomics
• Employee fatigue or overexertion
• Rushed schedules leading to overworked employees
• Understaffing causes more labor for fewer workers

What Are the Most Common Lifting-Related Injuries While Performing Job Duties?

While performing your work duties, you may fall victim to one of the scenarios mentioned above. This could cause a lifting injury that requires medical treatment and missed time at work during your recovery.

Let’s examine the most common injuries suffered in lifting accidents:

• Back injuries
• Herniated or slipped discs
• Shoulder and rotator cuff injuries
• Elbow injuries
• Muscle and ligament strains
• Chronic or severe pain conditions
• Nerve damage
• Broken bones
• Other injuries

What Workers’ Compensation Benefits Can Victims of Heavy Lifting Injuries Recover in Illinois?

In Illinois, most employers are required by law to carry workers’ compensation insurance. This program protects workers who get hurt or sick on the job, providing benefits for missed time at work, paying for medical treatment, and addressing new limitations to their work capacities. 

Here are the types of benefits you can receive if your workers’ comp claim is successful:

• Medical expenses – Payment for all reasonable medical care and rehabilitation
• Lost wages – Up to 2/3 of your typical wages for missed time
• Temporary Total Disability (TTD) – Wage replacement for the time spent not working because of your injury
• Total Partial Disability (TPD) – Wage gap coverage if your new job duties are diminished
• Permanent Partial Disability (PPD) – Ongoing payments to make up the difference in your lost wages
• Permanent Total Disability (PTD) – Ongoing wage replacement due to your inability to work
• Vocational rehabilitation – Coverage for expenses related to retraining or training for a new role
• Death benefits – Payments to surviving family members if the victim suffers fatal injuries
• Lump-sum settlements

What Is the Average Workers’ Compensation Payout for a Lifting Injury at Work?

Predicting the value of your workers’ compensation claim is challenging, as there are numerous elements at play in every case. The value of your benefits will be affected by the severity of the injury, lost earning capacity, medical treatment needs, and whether it is a permanent disability. 

The average payout for a work claim related to lifting injuries is $255,357, while the median settlement is $127,000. Total settlements range from $5,000 to $1.8 million. 

Example Cases 

A 28-year-old woman was working at a merchandise store when she claimed she was told to lift objects inappropriately. At the time, she had a pacemaker and knew that her lifting capabilities were diminished. Allegedly, the manager “intimidated her” into moving large plastic totes, which ended up shifting her pacemaker. The woman underwent surgery to replace the pacemaker. The plaintiff was found to be 45% negligent for the injuries, so she received $992,200 out of a total settlement of $1.8 million. 

Greg, an employee of Brookshire Bros., was attempting to lift a heavy bale of compressed cardboard in 1993. He asked for help from his coworkers and employer, but no one assisted him. Greg suffered a back injury that required a two-level infusion procedure. He claimed that the employer was negligent in not providing the support needed to properly lift the bale, while the defense claimed Greg should have known not to attempt to lift the object when the injury occurred. He was awarded $763,000 in the settlement. 

A woman working for Living Environments in 1997 was sent to move some large plants. When she was moving the last plant, a cactus, she suffered a ruptured lumbar disc. The plaintiff alleged that the employer had not provided adequate training on lifting techniques, nor had they provided the tools to help employees when doing repetitive lifting. The judge awarded the plaintiff $600,000, of which $150,000 accounted for lost earning capacity. 

Why You Need a Lawyer

Your employer’s insurance company will likely try to deny your claim, often by stating that the injury was pre-existing or not related to your work duties. Our firm can counter this defense by obtaining medical records of your treatment and testimony from your doctor. 

Another common tactic used by insurers is claiming you did not safely lift the heavy loads in accordance with established techniques. We can overcome this defense by securing witness statements or surveillance footage to prove the opposite. 

If you are not an employee at the company, you may still be eligible for compensation via a third-party injury lawsuit. With IL Work Injury Lawyer, we will secure medical evidence and workplace safety records to justify your claim, no matter which legal action you end up pursuing. Qualified personal injury lawyers can make all the difference when attempting to prove negligence in an injury lawsuit. 

How Common Are Heavy Lifting Injuries at Work in Illinois?

Lifting injuries can occur in workplaces across the state, even during light duty. A survey by the Illinois Department of Public Health revealed that 3,740 lifting-related injuries happened in the private industry sector in 2019. 

According to the US Bureau of Labor Statistics, the incident rate for overexertion injuries among construction workers in 2020 was 48.3 per 10,000 employees. Across the country in 2019, there were 86,740 total cases of workplace injuries caused by overexertion in lifting or lowering. 

Based on these workers’ compensation statistics, lifting heavy objects and lowering jobs are some of the leading causes of workplace injuries in the United States and Illinois. 

Where Do Lifting Injuries Occur Most Often in Illinois?

Some work environments are far more prone to lifting injuries than others. These settings see a higher rate of workers’ compensation claims due to the increased risks associated with work duties. Here are some specific locations where workers should be extra careful when moving heavy objects:

• Construction sites in Chicago and statewide
• Warehouses and distribution centers
• Manufacturing plants and factories
• Healthcare facilities (nursing staff lifting patients)
• Delivery and moving companies

It is crucial to follow proper lifting protocols in your place of employment, whether that involves assistance from coworkers, the use of lifting equipment, or the wearing of aid tools. 

What Laws Govern Lifting Injury Workers’ Compensation Claims in Illinois?

One piece of legislation that has the most significant impact on lifting injuries at work is the Workers’ Compensation Act (820 ILCS 305). This law requires most employers to pay for insurance so injured employees can apply for workers’ compensation benefits. Some companies are exempt from this law, so you should research the requirement to see if your employer is required to carry this insurance. 

Another resource to consider is the lifting formula from the National Institute for Occupational Safety and Health. This manual offers an equation for lifting limitations for individual workers. Although it is not a requirement for employers to enforce this rule, it can provide voluntary guidelines to prevent lifting injuries in Illinois workplaces. 

How Long Do I Have to File a Lifting Injury Workers’ Compensation Claim in Illinois?

Under the Workers’ Compensation Act (820 ILCS 305/6(d)), employees typically have three years from the date the injury occurred to pursue the claims process. However, if you received benefits during that period, the deadline is two years from the last payment of benefits. Whichever timeline has a later end date is the statute that will apply to your claim status. 

Who Is Legally Liable for Lifting Injuries in Illinois?

Workers’ compensation is a no-fault system, which means the employer is technically liable regardless of who caused the physical trauma to the employee. Even if the worker is primarily at fault for the incident, they are still eligible for benefits as long as they were not under the influence or violating company protocols. 

Other parties may be responsible for the lifting injuries as well. You can hold these entities accountable with a third-party injury lawsuit. You will need to gather evidence of the hazards related to your accident to prove negligence and secure compensation for legal damages, including lost wages, medical bills, lost earning capacity, emotional distress, pain and suffering, and loss of normal life. 

Third-party liability could come into play due to defective equipment (such as hand trucks or personal protective equipment), subcontractor negligence, or unsafe premises. 

How to Strengthen Your Lifting Injury Workers’ Compensation Claim in Illinois

If you suffered serious physical harm and want to apply for financial compensation through your employer, you must follow the proper steps immediately after the accident occurs:

• Report the injury to your supervisor or project manager immediately
• Gather evidence from the accident scene, such as photos, surveillance footage, and witness statements
• Seek medical attention immediately
• Keep all medical records and lost income documentation
• Document unsafe lifting conditions or the lack of transport devices
• Consult our top-rated law firm before speaking to the insurance company

How We Can Help

At IL Work Injury Lawyer, we provide vital legal services to those seeking compensation following injuries at work. Our team has decades of experience guiding clients through the legal process, and we know what it takes to fight for maximum compensation. 

Our legal services include:

• Filing and appealing workers’ comp claims that are denied
• Gathering workplace safety evidence, such as OSHA PPE rules and repetitive lifting restrictions
• Consulting with medical experts on lifting injuries to determine the extent of your workers’ comp needs
• Negotiating maximum settlement offers with the insurance company
• Representing clients at arbitration or trial if a settlement cannot be reached
• Offering compassionate legal support while you recover from lifting-related injuries

Book a Free Consultation

When you perform heavy-lifting tasks at work, your body could suffer the consequences, especially if your employer is not providing adequate resources to help. Our team can hold the at-fault party accountable and help you secure the workers’ comp you need to preserve your financial future.

We work on a contingency fee basis, which means you owe nothing unless we win. With a 98% success rate and millions recovered for past clients, you are in good hands with IL Work Injury Lawyer on your side. Additionally, we offer a free consultation, allowing you to ask questions about your work-related injury and potential workers’ compensation benefits.

Our Chicago work injury law firm provides legal representation for injured clients across Illinois. Contact us today to schedule your free consultation with an experienced personal injury lawyer.