25 Questions Answered By the Team at Black & Jones

What better way to celebrate our 25th anniversary than by sharing the insights and experience we've gained over the years? To mark the occasion, we're answering 25 of the most commonly asked questions we've received—one for each year we've proudly served the Rockford community.

1. If I was injured at work, how do I know if I even have a case?
   Many factors determine whether an injury is work-related, so don’t assume you’re not covered based on location or time alone. Always speak with an experienced attorney rather than relying on what an insurance adjuster tells you.

2. What if the injury was my fault?
   In Illinois, the Workers’ Compensation Act operates on a “no-fault” basis. Even if the accident was your fault, you are generally entitled to benefits. Exceptions exist, so consulting with a trusted and experienced attorney can help determine if your case is compensable.

3. What is the benefit of working with an attorney?
   Insurance companies prioritize their profits, not your recovery, so having an attorney from the start ensures you're protected every step of the way. Don’t wait for a problem to appear—work with an attorney early to prevent issues and handle complications before they become serious or irreversible.

4. Why is it important to hire a local attorney?
   Jurisdiction plays a critical role in workers’ compensation claims. Having a skilled advocate by your side throughout the process who understands the ins-and-outs of Illinois workers’ compensation laws helps to ensure you achieve the best possible outcome for your case.

5. What are the steps in a workers’ compensation case?
   The most important step in a workers’ compensation case is to report your injury to your employer as soon as possible. It is then important to seek proper medical care and file your claim with the help of an experienced workers’ compensation attorney. Clear communication with the insurance company is paramount, as is diligently following up and monitoring the status of your claim.

6. What’s the average timeline of a worker’s compensation case from beginning to end?
   A workers’ compensation case is generally resolved shortly after the individual has finished treatment. Once the injury from work reaches a healing plateau, the attorney can start moving the case toward settlement. On average, a claim takes 1.6 years from the date it is filed to settlement.

7. What makes a worker’s compensation claim potentially compensable?
   For a work injury to qualify for workers’ compensation, it must both happen in the course of employment and arise out of employment. Being injured on the clock isn’t enough—you must also prove that the injury was caused by a job-related risk.

8. How is the value of a case determined by the Illinois Workers’ Compensation Commission?
   Section 8.1(b) of the Illinois Workers’ Compensation Act provides that disability would be based upon the American Medical Association (AMA) impairment rating, the age of the injured worker, the occupation of the injured worker, the impact an injury will have on an injured worker’s future earnings and the medical records.

9. What if my employer won’t pay?
   If your employer resists providing benefits, a workers’ compensation attorney can intervene. In some cases, filing a “Petition for Immediate Hearing” can expedite the process before the Workers’ Compensation Commission. An attorney can help with resolution through negotiation and arbitration.

10. Does my employer have to send me to the doctor after I am injured?
    Under the law, the employer is not obligated to provide or facilitate medical treatment for a work injury. Section 8(a) of the Illinois Workers’ Compensation Act provides that an employer must pay all charges for all necessary first aid, medical and surgical services and all necessary medical, surgical and hospital services incurred, which are required to cure or relieve the effects of an injury.

11. Does my employer need to offer me light duty work after a workplace injury?
    No, under the Illinois Workers’ Compensation Act, any employer does not have to bring you back to work if you have restrictions. If your doctor puts you on restrictions—such as light duty or sedentary work only—while you are undergoing treatment for your work injury, the employer has the option of either offering you accommodating work within your restrictions or sending you home.

12. Will the insurance company make me an offer if I’m not represented by an attorney?
    Seldom does an insurance company make an offer to an individual not represented by an attorney. Of the 35,000 cases filed each year before the IWCC, all but 3% have attorneys. It is not the insurance company’s duty to make a fair offer to the injured worker.

13. What is a permanent and total disability award for workers’ compensation?
    A permanent and total disability award under workers’ compensation is a type of benefit given to workers who are deemed permanently and completely unable to work due to a job-related injury or illness. In Illinois, this benefit provides injured workers with ongoing weekly payments for life, as long as they remain unable to work.

14. What does the Heart & Lung Act mean for first responders?
    Under Section 6(f) of the Illinois Workers’ Compensation Act, firefighters, EMTs and paramedics with at least five years of service receive special consideration for certain job-related health conditions. These include heart and lung diseases, hypertension, hearing loss, hernias, tuberculosis and cancer.

15. Can an injury still be work related if it occurs after I punch out?
    Yes, you may still be covered by workers’ compensation even after clocking out. An injury can be considered work-related if it happens while you are performing a task that benefits your employer, such as running a work errand on your way home. Being "on the clock" isn’t always required—as long as the activity is connected to your job duties.

16. Do I have special protection if I am required to travel for work?
    Yes! Employees who have to travel for work have special protection due to the fact that most of their time spent away from home base is in the furtherance of the employer’s work, including some recreational activities while away from the actual tasks.

17. Who is responsible if I am working through a temp agency?
    Both employers. If someone is working for a temporary agency and is injured while working at the company that the temporary agency sent the person to for work, both are technically responsible. This is called “joint and several liability.”

18. Can I be fired for filing a workers’ compensation claim?
    Termination for filing a workers’ compensation claim can lead to a “retaliatory discharge” lawsuit, meaning your employer can be taken to court. This is a complex case to tackle on your own, and often requires an attorney familiar with such cases to prove retaliation by your employer took place.

19. Can I have both a new job and still receive workers’ compensation benefits?
    Yes, it’s possible to work a new job and still receive benefits, but there are important considerations to keep in mind. Your eligibility depends on the type of benefits you’re receiving, the nature of your new job and whether your new employment aligns with your doctor’s restrictions.

20. What is the difference between Social Security Disability and SSI?
    There are two federally administered disability programs: Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI). To receive SSDI a person must be disabled while insured through payroll deduction. SSI is available to those with little or no work history who have few assets.

21. How can an attorney help me with Social Security Disability?
    An attorney can counsel an applicant for Social Security Disability about the law and the process, gather the necessary evidence and present the evidence before the Administrative Law Judge.

22. What is the process like for applying for Social Security Disability?
    You do not need to be off work for an entire year before you apply for Social Security Disability. You do need to have a disability that is likely to last a year. While the process can vary greatly, it generally takes one year from initial application to resolution.

23. How does the Social Security Administration define disabled?
    Disabled is defined as the inability to engage in substantial gainful activity because of a physical or mental impairment which is expected to last 12 months or more or result in death. Substantial gainful activity is generally defined as the inability to earn a certain amount of money per month, which currently is, in 2025, $1,620 gross per month.

24. What does Black & Jones offer that can help my case?
    The attorneys at Black & Jones offer personalized attention, a strong understanding of local laws, a robust network of connections and proof that we’re a local ally who will get to know you and your story—providing the experience and knowledge you deserve to ensure you receive the compensation you need and deserve after a workplace injury.

25. What should I expect at my initial meeting with Black & Jones?
    This initial meeting is all about you. Your Black & Jones attorney will want to hear your story and the specifics of your condition or injury. Once we understand the basics, we’ll delve into your medical and treatment history, work history and your financial situation. We’ll review any documentation relevant to your case and answer any questions you have about the process. By the end of your consultation, we’ll have a clear understanding of your situation and the next steps to take.


If you’ve been injured at work, and you want the best chance possible of receiving maximum benefits, the team at Black & Jones is your trusted resource in the Rockford area. Contact us today! Fill out this form or give us a call at (815) 967-9000.