Workers’ Comp Benefits vs. Short-Term Disability in Illinois: Key Differences

“I got hurt at work. Do I file workers’ comp or use my company’s short-term disability?”

We get this concern a lot. 

However, 9/10 times, if your injury happened on the job in Illinois, workers’ comp is usually the correct path, not short-term disability.

Quick Comparison: Workers’ Comp vs. Short-Term Disability (Illinois)

In a nutshell, workers compensation is work-related while short term disability isn’t. 

Workers’ comp covers medical care at no out-of-pocket cost and pays wage benefits (typically two-thirds of your average weekly wage) after a brief waiting period, and it’s generally not taxable.

Short-term disability (STD) can help when the condition is not work-related.

If a comp claim is denied/under review, it usually won’t cover your work injury and benefits are often taxable if the employer pays the premiums. 

For an extensive overview between the two, the table below outlines key differences between workers comp and short-term disability.

Feature

Workers’ Compensation (IL)

Short-Term Disability (STD)

What it covers

Work-related injuries/illnesses (on-the-job or arising out of work)

Generally non-work-related injuries/illnesses

Medical bills

Employer/insurer must pay necessary medical care (subject to fee schedule; “two-doctor rule” applies)

Typically no medical coverage; it’s income replacement only

Wage replacement

Temporary Total Disability/Temporary Partial Disability wage loss (typically 2/3 of average weekly wage, with min/max caps)

% of income per policy (often 40–70%), caps vary

Waiting period

3 working days; if disability lasts 14+ days, retroactive to day 1

“Elimination period” often 7–14 days (policy-specific)

Taxes on benefits

Generally not taxable (state or federal)

Taxable if employer paid premiums or pre-tax; not taxable if employee paid with after-tax dollars

Choice of doctor

Limited but meaningful choice (e.g., two-doctor rule/PPP framework)

Any provider your plan accepts (policy governs)

Job protection

Workers compensation itself ≠ job protection; Family and Medical Leave Act or American Disabilities Act (FMLA/ADA) may apply

Short-term disability ≠ job protection; FMLA/ADA or employer policy applies

Primary when injury is on-the-job?

Yes—WC is the proper system for work injuries

Usually excluded for work injuries; may be used only if WC denied/pending

How Workers’ Comp Works in Illinois (Plain English)

1. Eligibility: You were hurt because of your job (incident, repetitive strain, exposure).

2. Medical care: The employer/insurer must pay for reasonable and necessary treatment under the Act—no copays/deductibles to you (subject to fee schedules).

3. Wage checks: If you can’t work, you may get Temporary Total Disability (TTD), about two thirds or 66% of your AWW, subject to IB max/min. Waiting period: first 3 working days unpaid unless you’re out 14+ days, then it’s retroactive.

4. Light duty: If on restrictions with lower pay, Temporary Partial Disability (TPD) can cover part of the wage gap.

5. Tax treatment: Workers’ comp benefits are generally tax-free (federal and Illinois).

6. Doctor choice: Illinois allows a limited choice of treating physicians (often described as a “two-doctor rule,” affected by any employer Preferred Provider Program)

Workers Comp Example

You wrench your back lifting a pallet in Joliet.

This means a trip to the ER, along with MRI scans and possibly a few weeks session for physical therapy. 

Under Illinois Workers Comp, your medical bills are covered, and you receive TTD checks while off. 

If you’re out more than two weeks, the first three days get paid retroactively. 

How Short-Term Disability Works (and when it fits)

• What it is: An insurance policy, typically through your employer, that replaces part of your income when you can’t work due to non-work injuries/illnesses (e.g., off-duty fall, surgery, pregnancy recovery). It usually excludes work injuries because workers’ compensation is primary.

• Waiting period: Policies often have a 7–14 day elimination period before benefits start

• Benefit amount: Often 40–70% of pre-disability wages for a few weeks to months (policy-dependent).

• Taxes: If your employer funds premiums or they’re pre-tax, benefits are taxable; if you pay with after-tax dollars, they’re usually not taxable.

Can You File for a Workers Comp and Short-Term Disability At The Same Time?

You cannot file for both Workers’ Comp and Short-term Disability at the same time since both have different natures of circumstances. 

One happens at work, while the other happens outside of work. 

For work related cases, it’s always preferable to file for a workers comp immediately. 

Think about medical costs, consultations, and other fees. These are only covered for workers comp but not short-term disability.

If your work injury claim is denied or under investigation, some employees temporarily apply for short-term disability to keep income flowing

Most STD policies offset or stop once workers’ comp pays. 

Coordinate carefully so you don’t have to repay benefits later. 

2025 Workers Comp Rates in Illinois

Based on the data from Illinois’ Workers Comp law, these are the maximum rates depending on the case and benefit types.

Benefit Type	Rate / Cap
Statewide Average Weekly Wage (SAWW)	$1,452.68
Maximum TTD / PTD / Death / Amputation / Eye	$1,936.86 per week
Maximum PPD (non-amputation / non-eye)	$1,045.92 per week
Minimum TTD (base, no dependents)	$400.00 per week
Mandatory Maximum Total Compensation Cap	$500,000 OR 25 years, whichever is greater

Why People Mix Workers’ Comp and Short Term Disability (and how to prevent an undermine claim)

• STD feels faster and HR may know it well, so some workers default to this process even after an on-the-job injury.

• The risk of choosing STD for a work injury can undermine your comp claim (In several cases, we’ve seen the insurer argue it’s non-work).

• If it happened at work, report it as work-related, file the WC claim, follow medical advice, and consult counsel. You can layer STD only if your WC claim is formally denied/pending, and even then, keep in mind about any offsets/taxes.

Which is the Better Option?

If the injury/illness is…

• Work-related (forklift incident, repetitive strain, exposure): Workers’ Comp → medical bills + wage benefits (usually tax-free).

• Not work-related (off-duty fall, non-occupational surgery recovery): Short-Term Disability (policy rules, taxes depend on who paid premiums).
  
  

• Work-related but your employer disputes it: Start WC anyway, consider STD as a bridge while you appeal and coordinate to avoid overpayments.

Confused about which path to file? Get clarity in minutes. Contact Wojcik Law for a free case review. We’ll triage your options and protect your paycheck.

First 72 Hours After a Work Injury (Checklist)

1. Report the injury to your employer in writing; note date/time/location/witnesses.

2. Get medical care and tell the provider it’s work-related (so billing routes to WC).

3. Follow restrictions; keep copies of work notes.

4. Track wages (for AWW accuracy).

5. Call a workers’ comp lawyer if there’s any dispute, delay, or pressure to use STD instead of WC.

In our experience, the biggest mistake is using private health insurance or STD for a work injury—it undermines the claim and risks out-of-pocket costs you didn’t need to pay.

Workers Comp vs Short Term Disability FAQs

Does workers’ comp pay more than short-term disability in Illinois?

Workers comp pays more since it covers both medical bills/expenses and wage benefits (often tax-free). Although short-term disability compensates between 60 to 70% of your total wage, it’s also taxable leading to a lower net pay, and you shoulder the medical costs as well. 

How much does workers’ comp pay per week in Illinois?

A workers comp pay per week generally sits at about 2/3 of your average weekly wage, and it’s subject to min/max (between $400 to around $1,900) set by the state. So if you’re average weekly pay is 1,000 you get a net take home pay of $666.67. 

What is the Illinois workers’ comp waiting period?

Under Illinois law, the average workers comp waiting period is three working days but can be longer than that; if you’re off 14+ days, you’re paid retroactively from day one.

Are workers’ comp benefits taxable in Illinois?

Workers comp benefits are generally not taxable at state or federal levels.

Does short-term disability cover work injuries?

STD policies usually exclude work injuries because workers’ comp is the primary remedy.

Will I lose my job while on WC or STD?

Neither WC nor STD guarantees job protection. FMLA (if eligible) can protect up to 12 weeks; ADA may also require reasonable accommodation.

Looking for a Workers Comp Attorney in Oak Lawn, Illinois?

If you need help filing for a workers’ compensation claim, or need to consult a workers’ comp attorney due to an irregular or abnormal case, you can reach us at 708-424-2121.

Our full address is 4550 W 103rd St # 101, Oak Lawn, IL 60453. 

How to File a Workers’ Compensation Claim in Oak Lawn, IL — Step-by-Step Legal Guide

You got hurt at work in Oak Lawn. Maybe it was a fall on a slippery warehouse floor. Maybe it was back strain after years of heavy lifting. 

Now, you’re left with two pressing fears:

Will I get the medical care and wage benefits I need?

What if I make a mistake and lose everything?

In my experience, most injured workers hesitate not because they don’t want to file — but because the Illinois workers’ comp system feels like a maze. Deadlines, forms, employer pushback… it’s overwhelming.

That’s exactly why this guide exists. Step by step, I’ll show you how to file a workers’ compensation claim in Oak Lawn — and where our firm - William S. Wojcik, Ltd. - comes in to protect your rights.

Understanding Workers’ Compensation in Illinois

Workers’ compensation is designed to protect you when an on-the-job injury disrupts your life. 

A good example would be to consider a delivery driver in Chicago who slips on a wet warehouse floor while carrying a package.

Why and how does workers’ compensation apply?

• The fall happens during a required work task (moving deliveries).

• The injury results in a sprained ankle that requires medical treatment and time off.

• Workers’ compensation can cover ER visits, follow-up care, and partial wage replacement while the employee recovers.

Under the Illinois Workers’ Compensation Act, most employees are covered — from factory workers in Oak Lawn’s industrial corridor to office staff in the 103rd Street business district

Who is Covered?

• Union and non-union workers

• Full-time and part-time employees

• Most industries: manufacturing, healthcare, construction, retail, office work

In most cases, coverage applies regardless of fault. 

That said, a workers compensation lawyer can provide more details and information regarding coverage application and how the nature of the injury affects your overall coverage. 

Types of Benefits You Can Claim

Not all work-related injuries come with the same benefits meaning, the benefits (as listed below) aren’t fixed claims for every injury. 

Instead, these benefits are a general overview of what you may expect when filing for a workers compensation claim. 

• Survivor benefits: If a worker dies due to a workplace injury

• Permanent disability benefits: If you cannot fully return to work

• Medical care: All reasonable treatment costs, with no out-of-pocket expense

• Wage replacement: Usually 2/3 of your average weekly wage while you recover

• Vocational rehab: Training for a new role if you can’t perform your old job

• Survivor benefits: If a worker dies due to a workplace injury

Confused? 

A  good way to think about workers’ comp is that it acts as your financial lifeline when your paycheck is suddenly cut off by injury.

Learning more about the step-by-step process should shed more light on the matter. 

Step-by-Step: Filing a Workers’ Compensation Claim in Oak Lawn

Filing for a workers compensation claim is  where most people struggle. 

The process looks straightforward, but each step has rules and deadlines that can derail your claim if you’re not careful or worse, undercompensation. 

Step 1: Report the Injury Immediately

Under Illinois law, you must notify your employer within 45 days of the injury. Sooner is better.

When reporting, include:

• How the injury occurred

• Names of any witnesses

• Date, time, and location of injury

Nature of the injury (back strain, fall, repetitive stress, etc.)

Warning: Failing to report in time may bar you from benefits. Don’t assume “my boss knows what happened” counts as formal notice.

Step 2: Seek Prompt Medical Treatment

Your health comes first. Go to a doctor right away and tell them the injury is work-related.

In Illinois, you’re entitled to:

• Choose up to two doctors (plus any specialists they refer you to)

• All necessary treatment at no cost

• Ongoing treatment while your claim is pending

Keep a paper trail: diagnostic tests, prescriptions, therapy notes, and discharge instructions. In my experience, weak or missing medical documentation is the #1 reason insurers try to deny claims.

Step 3: Consult a Workers’ Compensation Attorney

Here’s where many workers go wrong — they try to “DIY” the process until something goes sideways. 

By then, deadlines are missed, or paperwork is mishandled.

The result? Longer wait times, undercompensation, and you’re left to carry the burden of all the expenses yourself. 

At William S. Wojcik, Ltd., we provide:

• Immediate case evaluation

• Representation at hearings or arbitration if needed

• A tailored legal strategy based on your injury and job type

• Handling of all employer and insurance communications

Step 4: File a Claim with the Illinois Workers’ Compensation Commission (IWCC)

If your employer refuses benefits, or if payments are delayed, the next step is a formal claim with the IWCC.

This includes:

• Proof of employment

• Wage documentation

• Medical records and bills

• Application for Adjustment of Claim (Form IC-1)

Once filed, your case may proceed to arbitration or hearing. Wojcik Law represents you through each stage, making sure deadlines are met and your story is clearly presented.

Step 5: Track Your Recovery and Benefits

After filing, your claim doesn’t run on autopilot. 

Stay engaged:

• Follow up your treatment plan

• Attend all medical appointments

• Report progress (or setbacks) to your attorney

• Keep records of any missed workdays and lost wages

Details matter. And being thorough goes a long way to get a full claim. 

While it’s certainly possible to do this yourself, having a professional legal team and workers compensation lawyer helps you maintain compliance so benefits continue without interruption.

Think of us as both your advocate and your navigator through a system designed to confuse.

Common Pitfalls to Avoid When Filing a Workers’ Compensation Claim in Illinois

Missing the 45-day deadline to report your injury

• Why it matters: Most states (including Illinois) require workers to notify their employer within a specific timeframe (often 30 to 45 days maximum). Waiting too long can make your injury look suspicious or unrelated to work.

• Pitfall: Thinking the injury will “get better on its own” and waiting weeks before saying anything.

• Fix: Report the injury immediately — even if it seems minor at first.

Underreporting symptoms or skipping medical follow-ups

• Why it matters: Medical records are the backbone of a claim. If there’s no doctor visit right after the injury, insurance adjusters can easily argue it didn’t really happen at work.

• Pitfall: Relying only on self-care or skipping the doctor because of fear of cost or losing hours at work.

• Fix: Get checked by a doctor as soon as possible and follow all treatment recommendations.This will also strengthen your claim.

Trusting the insurance adjuster without legal review

• Why it matters: Workers’ comp laws are complex, and insurers aim to minimize payouts. Without guidance, injured workers often accept less than they deserve.

• Pitfall: Settling quickly without knowing the long-term impact of your injury.

• Fix: It’s strongly encouraged to speak with a workers’ compensation lawyer even for consultation to understand your rights.

 DIY filing — thinking you’ll save money, only to lose benefits

• Why it matters: Workers’ comp requires consistent details — when, where, how, and what happened. Any inconsistency can be used to question credibility.

• Pitfall: Saying “my back hurts” without explaining that the pain started after lifting equipment at work.

• Fix: Keep a personal record of the incident, symptoms, and all medical visits. Always give the same account of what happened. Be as detailed, thorough, and accurate as possible.

Assuming Your Employer Handles Everything

• Why it matters: While employers must notify their insurance, they may delay, mishandle, or even discourage claims. You are responsible for protecting your rights.

• Pitfall: Trusting verbal reassurances like “We’ll take care of it.”

• Fix: File the required paperwork yourself and keep copies. Or, work alongside a workers compensation lawyer to ensure the paperwork doesn’t fire back at you.

Appeals & Hearing Process If Your Claim Is Denied

If your claim was denied, don’t panic. 

Denials happen — often due to incomplete forms, “pre-existing condition” arguments, or disputes over medical necessity. 

Here’s what the appeal process looks like in Illinois:

• File an appeal with the IWCC

• Gather additional medical and workplace evidence

• Attend arbitration hearings (with your attorney advocating for you)

Without experienced representation, appeals drag on. 

With Wojcik Law, appeals are strategic — aimed at winning benefits quickly and fairly.

Why Hire a Chicago Attorney vs. DIY

Can you file on your own? Yes. 

Should you? That’s another question.

The reality:

Employers have attorneys working against you

Insurance companies minimize payouts to protect profits

Workers without representation often accept lower settlements

Does that mean hiring a lawyer is the only way? 

If you want a higher success rate, yes it’s encouraged. However, there are a lot of ways to go about it too. 

For one, you can draft the documentation yourself and file the paperwork, then consult a workman’s comp lawyer to fact-check or proofread the information. 

Would you spend extra hours on top of work and while fighting your injury to get what you deserve or ask for help to save you time, resources, and effort? 

This is where we come in. 

Hiring us here at  William S. Wojcik, Ltd. means having a Chicago workman’s comp attorney who knows the system inside out. We also have the success stories to prove it. 

Clients consistently say the same thing: “I wish I’d called sooner.”

Frequently Asked Questions About Filing a Workers’ Compensation Claim in Illinois Chicago

What is the deadline to file a workers’ compensation claim in Illinois?

You must notify your employer within 45 days and file a claim within 3 years of the injury or 2 years of the last compensation payment.

Can I choose my own doctor?

Yes. Illinois law allows you to select your own physician for treatment.

What benefits am I eligible for?

The benefits you are eligible for a workman’s compensation claim include medical care, wage replacement (typically 2/3 of your average weekly wage), permanent disability, and vocational rehabilitation.

What if my claim is denied?

If your claim was denied, you can appeal through the Illinois Workers’ Compensation Commission. Having an attorney dramatically improves success rates.

How long does it take to get benefits?

It varies. Some cases resolve in weeks; complex cases may take months, especially if appeals are involved.

Get Legal Help for Your Workers’ Comp Claim Today

Filing a workers’ comp claim in Oak Lawn isn’t just about forms. It’s about securing your health, income, and dignity after an injury.

With William S. Wojcik, Ltd., you don’t just get legal guidance — you get a local advocate who’s stood by injured workers across Chicago and Cook County for decades.
Ready to get the benefits you deserve? Call (708) 423-8822 or submit your claim review form online.

What Damages Can I Recover from a Commercial Truck Accident Settlement?

If you’ve been hit by a semi-truck or other commercial vehicle in Illinois, you’re probably asking: What damages can I recover from a truck accident settlement?

 A single crash can:

• Generate six-figure medical expenses.

• Put you out of work for months or permanently.

• Trigger emotional scars (anxiety, PTSD) that don’t heal as quickly as bones.

At William Wojcik Law, we’ve spent over three decades helping accident victims across the Chicagoland area recover the full compensation they’re entitled to under Illinois law. 

Before accepting any offers from an insurance adjuster, here’s what you need to understand first. 

Understanding Truck Accident Settlements in Illinois

Truck accidents are not like regular car crashes. These claims are governed by a unique set of laws and usually involve:

• Complex insurance policies with high-dollar limits

• Federal regulations from the Federal Motor Carrier Safety Administration (FMCSA)

• Multiple liable parties, such as the truck driver, trucking company, cargo loaders, or maintenance contractors

Because of the serious injuries typically involved, commercial truck settlements can reach up to hundreds of thousands — or even millions — of dollars. But getting full value means understanding what you're owed.

And if you’ve already gotten the first lowball call from an insurance adjuster? We’ve seen this happen too often. Most victims don’t realize how much compensation they’re entitled to until an attorney breaks it down.

This is why we stress the importance of truck accident settlement damages in Illinois.

Types of Recoverable Damages

A truck crash claim usually includes three categories of damages: economic, non-economic, and punitive (in rare cases).

1. Economic Damages (Special Damages)

Economic damages are your receipts and bills. They’re easy to document, but often underestimated by insurers. Some examples include:

• Medical Bills: ER visits, surgeries, prescriptions, physical therapy, rehab equipment.

• Example: A delivery driver racked up $180,000 in medical bills after a crash. His settlement included every penny, plus future care needs.

• Lost Wages + Future Earnings: Compensation for time off now and for reduced earning potential.

• Example: A warehouse worker unable to return to heavy lifting secured damages for projected 15 years of reduced income.

• Property Damage: Car repairs or replacement value.

• Out-of-Pocket Costs: Mileage to appointments, childcare, home modifications (wheelchair ramps).

Illinois Statute Requirement: Courts require damages be proven with “reasonable certainty.” That’s why documentation (receipts, employment records, medical reports) is critical.

2. Non-Economic Damages (General Damages)

Non-economic damages are harder to measure, but usually make up the largest category.

• Pain & Suffering: Daily discomfort, surgeries, or lifelong pain.

• Emotional Distress: PTSD, nightmares, anxiety while driving.

• Loss of Enjoyment of Life: Missing milestones or hobbies (e.g., not being able to coach your child’s soccer team).

• Loss of Consortium: When a spouse or partner loses companionship, intimacy, or support.

One client’s inability to attend his daughter’s prom after a crash wasn’t just “inconvenience” — it was part of his non-economic damages claim.

3. Punitive Damages

Punitive damages are rare, but powerful. These damages are designed to punish reckless or intentional misconduct.

Illinois law allows punitive damages in cases like:

• Drunk or drug-impaired driving.

• Knowingly ignoring safety regulations.

• Companies forcing drivers to falsify logbooks or skip rest breaks.

In Cook County, punitive damages were awarded when a company allowed a driver with multiple DUIs to stay on the road.

Comparison Table: Economic vs. Non-Economic vs. Punitive 

Type of Damage	What It Covers	Example
Economic (Special)	Tangible costs (medical, lost wages, repairs)	$200k in medical bills, 6 months of lost pay
Non-Economic (General)	Intangible harm (pain, suffering, emotional loss)	PTSD, inability to enjoy sports/family events
Punitive	Punishment for reckless conduct	Drunk driver → additional financial penalty

What Affects the Value of Your Truck Accident Settlement?

Truck accident settlements aren’t one-size-fits-all. Factors include:

• Severity of Injuries: Catastrophic injuries (paralysis, brain injury) = higher awards.

• Level of Negligence: Was the driver careless, or was the company violating federal regs?

• Insurance Policy Limits: Commercial trucks often carry $750k–$5M+ liability policies.

• Evidence Quality: Black box data, witness testimony, medical records, accident reconstructions.

• Comparative Negligence in Illinois:
  
  

• Illinois follows modified comparative negligence (735 ILCS 5/2-1116).

• If you’re 20% at fault, your damages drop 20%.

• If you’re 51%+ at fault, you recover nothing.

Truck vs. Car Accident Settlements

The complexity of truck accidents vary significantly from car accidents. Everything from insurance and liabilities to federal laws and injury severity: 

Factor	Car Accident	Truck Accident
Insurance Coverage	$25k minimum in Illinois	$750k–$5M+ commercial liability policies
Liable Parties	1–2 (drivers)	Driver, company, cargo loaders, etc.
Injuries	Moderate → severe	Severe → catastrophic
Regulations	State traffic laws	Federal FMCSA + state laws
Typical Settlements	$10k–$100k	$100k–millions

How an Attorney Helps Maximize Your Settlement

Hiring a truck accident lawyer is not just about filing paperwork — it’s about building leverage. At William Wojcik Law, we:

• Identify all liable parties, not just the driver

• Negotiate directly with trucking insurers and legal teams

• Investigate the crash using accident reconstruction experts

• Collect vital evidence like black box data, driver logs, and maintenance records

If needed, we also take your case to trial.

Why Clients Trust William Wojcik Law After a Truck Crash

• No fees unless we win

• Personalized attention – You work directly with your attorney

• 30+ years of experience handling personal injury and truck crash cases

• Millions recovered for victims across Cook County and the south suburbs

We understand the devastating impact these accidents can have, and we’re here to fight for the maximum compensation the law allows.

FAQs About Truck Accident Compensation

What’s the average settlement in Illinois?

There’s no true “average” settlement in Illinois. Truck cases often settle for significantly more than car accidents — sometimes in the millions — depending on severity.

How long does a settlement take?

A settlement can take anywhere from months to years. Severe cases with multiple defendants can take longer.

What if I was partially at fault?

Under Illinois comparative negligence, you can recover if under 51% at fault.

Do cases always go to trial?

Not all cases go to trial. Many settle out of court, but trial remains a powerful tool when insurers lowball.

What is the statute of limitations?

The statute of limitations for accidents is 2 years from the accident date (735 ILCS 5/13-202).

Claim Your Truck Accident Settlement Today

If you’ve been injured in a truck crash in Illinois, urgency is critical. Evidence disappears. Witnesses forget. And insurance companies will try to settle cheaply.

Call William Wojcik Law today at (708) 424-2121 or fill out our quick online contact form for a consultation.

Semi-Truck Collision in Montgomery, IL: Navigating the Aftermath

State of Illinois Motor Vehicle CollisioNs

(Why You Need an Experienced Trucking Accident Lawyer in Your Corner)

Alright, let's cut through the noise. That recent gut-wrenching news out of Montgomery, Illinois – the one ABC 7 Chicago covered, about the fatal smash-up at Route 31 and Caterpillar Drive?

A fatal crash occurred on May 1, 2025, at the intersection of Route 31 and Caterpillar Drive in Montgomery, Illinois, involving a semi-truck and a black Nissan sedan., trsveling southbound on Route 31 when the semi-truck, traveling northbound, attempted to make a left turn onto Caterpillar Drive. The sedan collided with the truck, becoming pinned underneath it,

The semi-truck driver tried to stop but could not avoid the collision.

The Kane County Accident Reconstruction Team, Illinois State Police, and Montgomery police are investigating the crash, including factors such as driver distraction, fatigue, and potential mechanical issues with the truck

It’s a brutal kick in the teeth, a stark reminder that life can flip upside down in a blink. Our hearts here at Wojcik Law in Oak Lawn go out to his family and friends.

This isn't just a news story; it's a tragedy that plays out way too often on our Illinois roads.

While the Illinois State Police, the Kane County Accident Reconstruction Team (KCART), and Montgomery police are still sifting through the wreckage of that sedan-versus-semi horror show, let's be brutally honest: these things are messy. And when the dust settles, or even before, if you're caught in the aftermath – whether you're nursing injuries or grieving a loved one – you’re probably drowning in questions.

You need answers, and fast. More importantly, you need to know your Illinois car accident rights.

Listen, when metal twists and lives are shattered, "understanding your rights" isn't some fluffy legal term. It's your lifeline.

The Blame Game: What "Negligence" REALLY Means in a Wreck

Forget the fancy legal jargon for a second. Most Illinois traffic accidents boil down to one thing: someone screwed up. That "screw up" is what we call negligence.

Think of it like this: someone wasn't being as careful as any reasonable Joe or Jane would be, and because of that carelessness, BAM! Someone gets hurt, or worse.

What kind of screw-ups are we talking about?

Driver Errors: This is a big one. Speeding like a bat outta hell, texting your buddy instead of watching the road (distracted driving Illinois is a killer), driving blitzed on booze or drugs, blowing through red lights, ignoring stop signs, failing to yield… the list of bonehead moves is long.

Truck Driver Negligence (When a Big Rig is Involved): Now, when you're dealing with a semi-truck accident, you're in a different league. These guys are pros, or they're supposed to be. We're talking about truck driver fatigue (those hours-of-service rules exist for a reason!), shoddy training, overloaded trucks, garbage vehicle maintenance, and flat-out ignoring federal trucking regulations.

If you've been hit by a truck, you need a truck accident attorney in Illinois who knows these specific rules inside and out.

Roadway Disasters: Sometimes, it's not just the drivers. Crappy road maintenance, signs that are confusing or missing, or intersections designed by a committee of confusion can stack the odds against you.

Your Playbook: Know Your Rights After an Illinois Traffic Accident

If you or someone you love has been smashed up or, God forbid, killed in an Illinois traffic accident, you've got fundamental rights. Don't let anyone tell you otherwise.

The Right to Get Paid (Compensation, Baby!): If some other knucklehead’s negligence caused the wreck, you have the right to go after them for what you've lost. We're talking Illinois car accident compensation for:Medical bills (the ones you have now and the ones coming down the pike).

• Lost wages (can't work, can't earn – that's real money).

• Future lost earning capacity (if your injuries mean you can't do the same job).

• Pain and suffering (because "ouch" doesn't begin to cover it).

• Property damage (your ride is probably toast).

And in the absolute worst-case scenario, a wrongful death claim in Illinois can cover funeral expenses, loss of companionship, and the financial support the deceased provided.

The Right to a Real Investigation: You deserve to know exactly what happened. Law enforcement will do their thing – gathering evidence, talking to witnesses, trying to piece it all together. But sometimes, you need more.

The Right to Bring in the Big Guns (Legal Representation): Trying to wade through the legal swamp and fight with insurance companies after a serious accident? That’s like trying to perform surgery on yourself. You have the RIGHT to hire an experienced Illinois personal injury lawyer. Someone who eats, sleeps, and breathes this stuff. Someone who will fight for YOUR interests, conduct their own deeper investigation, tell the insurance vultures where to stick it, and drag them into court if they don't play fair.

Why Wojcik Law? Because "Good Enough" Doesn't Cut It When Your Life is Wrecked.

At Wojcik Law, right here in Oak Lawn and serving the whole Chicago area, we get it. We've seen the devastation these accidents cause. We're not just paper-pushers; we're advocates, and damn good ones. We're committed to giving you straight talk and relentless representation when someone else's stupidity turns your world upside down. If you're searching for a dedicated car accident lawyer near me in the Chicago area, we're ready.

Here’s how our experienced Illinois personal injury attorneys go to bat for you:

We Dig Deeper: We launch our own independent investigation. We want to know exactly what happened and who’s responsible. Sometimes there’s more than one at-fault party.

Evidence is Everything: We gather and lock down every shred of proof to build a rock-solid case. Memories fade, evidence disappears – we move fast.

We Cut Through the Red Tape: Dealing with insurance companies and legal paperwork is a nightmare. We shoulder that burden so you can focus on healing. Understanding what to do after a car accident in Illinois is our job.

We Don't Back Down from Insurance Bullies: Insurance companies are in business to make money, not to be your friend. We negotiate aggressively to get you every dime you deserve.

Your Guide Through the Storm: We're with you every step of the way, explaining things in plain English, not confusing legalese.

Courtroom Warriors (If Necessary): If the other side won't be reasonable, we're not afraid to take the fight to a judge and jury to protect your rights and get you maximum compensation.

Moving Forward When Everything Feels Broken

That Montgomery tragedy is a punch to the gut. It reminds us that the road can be a dangerous place. As the investigation continues, the most important thing for anyone impacted by any traffic accident is to get smart about their rights and get experienced legal help on their side, pronto.

If you or a loved one has been caught in the crosshairs of an Illinois traffic accident, don't wait. Don't guess. Call Wojcik Law. Your consultation is free. We'll listen, we'll get what you're going through, and we'll lay out a clear path forward.

Now, the investigation into the Route 31 and Caterpillar Drive collision is still open, so we're not pointing fingers. But generally, when we're talking about negligence in traffic accidents, it often boils down to:

LE investigating serious crash involving semi in Montgomery

Driver Goofs: This is a big one. We’re talking speeding like a bat outta hell, texting while driving (seriously, people?), driving drunk or high, blowing through red lights, or just not paying attention. Any of these can turn a car into a weapon. If you suspect distracted driving in Illinois caused your accident, that's a major point.

Trucker Negligence – A Whole Different Scene when a big rig is involved, like in the Montgomery tragedy, the rulebook gets thicker. Was the driver exhausted from too many hours on the road (a huge issue in commercial truck accidents in Illinois)? Were they properly trained? Was the truck overloaded or poorly maintained?

Know Your Rights After an Illinois Traffic Wreck

The Ultimate Illinois Car Accident Guide

Involved in a car accident in Chicago, the suburbs, downstate Illinois, or anywhere on I-80, I-55, or the Kennedy Expressway?

You’re hurt, confused, and the insurance company is already calling. Take a deep breath — you still have powerful rights under Illinois law, and the next 72 hours will make or break your case.

Facts, timelines, and legal principles that can affect your recovery and next steps after a crash in Illinois.

This is the most complete guide to Illinois car accident laws. No legalese. No fluff. Just what you need to protect yourself and your family — written by Illinois personal injury attorneys who fight these cases every single day at Wojcik Law.

Illinois Fault Rules: Can You Still Get Paid if You’re Partly at Fault?

Illinois uses modified comparative negligence (735 ILCS 5/2-1116) with a 51% bar rule.

Your % of Fault	Can You Recover Money?	How Much Do You Get?
0–50%	YES	Reduced by your percentage of fault
51% or more	NO (completely barred)	$0

Illinois follows the 51% modified comparative negligence rule — 735 ILCS 5/2-1116

Real-life example You’re awarded $200,000 but found 30% at fault → You still collect $140,000.

Illinois Car Accident Deadlines You Cannot Miss

Type of Claim	Deadline from Crash Date	Statute / Notes
Personal injury (car, truck, motorcycle, etc.)	2 years	735 ILCS 5/13-202
Wrongful death	2 years (or 1 year from death if later)	740 ILCS 180/2
Property damage only	5 years	735 ILCS 5/13-205
Against city, county, or state	1-year written notice + 2 years to file suit	745 ILCS 10/8-101 Tort Immunity Act
Minor (under 18 at time of crash)	2 years after turning 18	735 ILCS 5/13-211
Crash report correction / amendment	6 months	625 ILCS 5/11-416

⚠️ Miss these deadlines = your case is permanently barred.

Miss these = your case is permanently barred.

The Immediate 10-Step Checklist

After the Crash Checklist

1. Call 911 (required if damage >$1,500 or any injury)

2. Move to safety & turn on hazards

3. Check everyone for injuries – adrenaline hides pain

4. Take photos/video of EVERYTHING (vehicles, plates, damage, skid marks, signals, injuries)

5. Get witness names & phone numbers

6. Exchange info only – NEVER admit fault

7. Get the police report number (SR, SR-1050, or local form)

8. See a doctor within 72 hours (prevents “gap-in-treatment” defense)

9. Notify YOUR insurance – refuse recorded statements to the other side

10. Call an experienced Illinois car accident lawyer before signing anything

The Hidden Evidence Most People Miss

• Event Data Recorder (EDR) – “black box” in 96% of 2015+ vehicles

• Traffic-camera footage – disappears in 7–30 days

• Commercial truck ECM data & driver log violations

• Cell-phone records (subpoena can prove texting)

• Rapid-response scene investigation (skid marks fade fast in Illinois winters)

Most Common Illinois Car Accident Injuries & Average Settlement Ranges

Illinois-Specific Hotspots & Danger Zones

• Kennedy Expressway (I-90/94) – highest rear-end rate

• I-80 Will & Grundy Counties – deadliest truck corridor

• Cicero Ave, Pulaski, Harlem – red-light running epidemic

• Oak Lawn: 95th & Ridgeland – confusing intersection

• Rural Routes 47, 251, 173 – 65% of fatal crashes despite low volume

New Illinois Laws & Rules That Affect Your Case

• Hands-free law fines doubled (no touching phone at all)

• Move-over law now includes disabled vehicles with flashers

• Minimum insurance increased to $30K/$60K/$20K (still too low)

• E-scooters & e-bikes treated as motor vehicles in many crashes

The Insurance Company Tricks We See Every Week

• “Quick” $2,000 check = full release of all claims

• 3-day recorded statement used against you later

• “Your injuries are pre-existing”

• Blaming you for skipping physical therapy

Free Resources Every Illinois Driver Needs Right Now

• Official crash reports: buycrash.com

• IDOT Crash Facts: idot.illinois.gov/safety

• NHTSA recalls: nhtsa.gov/recalls

• Our FREE checklist → Download PDF

Top 20 Illinois Automobile Accident FAQs

1. Do I have to report a minor fender-bender? Yes — if damage appears over $1,500 or anyone is hurt (625 ILCS 5/11-406).

2. Can I still get money if I was partly at fault? Yes, as long as you’re 50% or less at fault.

3. How long do I have to file a lawsuit? 2 years injury | 5 years property | 1-year notice against government.

4. Will my rates go up if it wasn’t my fault? Usually not if the other driver is 100% at fault.

5. What if the at-fault driver has no insurance? Your uninsured motorist (UM) coverage pays — required on every Illinois policy.

6. Can I sue for pain and suffering? Yes — no cap in regular car accident cases.

7. How much is my case worth? Medical bills + lost wages + pain & suffering + future care.

8. Should I give a recorded statement to the other insurance company? NEVER without your lawyer.

9. What if the police report is wrong? You have 6 months to request a correction with evidence.

10. Do I need a lawyer for a minor crash? Only if injuries last more than a couple of weeks.

11. Can I fix my car before the adjuster sees it? No — take photos first, then get two estimates.

12. What is “gap in treatment”? Waiting weeks between doctor visits — insurers use it to deny claims.

13. Do dashcams really help? They win cases.

14. What if I was hit by a rideshare driver (shared-ride company)? They carry $1M+ policies, but the process is complex and time-sensitive.

15. Can I get paid for lost wages? Yes — bring pay stubs and doctor’s note.

16. What if the crash made an old injury worse? You recover for the aggravation (“eggshell plaintiff” rule).

17. How long does a case take? Minor: 3–9 months | Serious: 12–24 months.

18. Do most cases go to trial? Less than 3%.

19. What are current Illinois minimum insurance limits? $30,000 per person / $60,000 per crash / $20,000 property damage.

20. When should I definitely call a lawyer? Broken bones, surgery, ambulance, death, disputed fault, commercial truck, rideshare, or pressure from insurance.

You Don’t Have to Fight Alone

Traffic accidents can be physically, emotionally, and financially overwhelming — especially when you’re unsure of what your rights are under Illinois law. Whether it’s a multi-vehicle pileup or a rear-end crash at a local intersection, it’s critical to understand your options, your obligations, and how Illinois statutes may apply.

If you or a loved one has been injured in an Illinois car, truck, or motorcycle crash, the insurance giants already have their team. You deserve yours.

Call Wojcik Law 24/7 at (773) 725-5000 or contact us here for a free, no-pressure case review. We advance all costs — you pay nothing unless we win.

Wojcik Law – Fighting for Illinois crash victims in Chicago, Oak Lawn, Cicero, Burbank, Kane County, Will County, and statewide since 1993.

Stay safe out there, Illinois, and take every precaution to protect yourself. But if the worst happens and you find yourself in a difficult situation, remember that we’re here to support you every step of the way.

What to Do Immediately After a Crash

Here are the most important steps to take:

• Call 911 and request emergency assistance.

• Exchange information (names, license plates, and insurance).

• Avoid admitting fault or making speculative statements.

• Document the scene with photos and notes.

• Seek medical care, even if you feel fine — some injuries appear later.

• File a police report (mandatory in Illinois for most crashes).

Your documentation will become crucial when you file insurance claims or provide evidence to any third parties later.

Understanding the Claims Process in Illinois

Insurance companies will conduct their own investigations to determine liability and evaluate damages. This includes:

• Reviewing dashcam or surveillance footage (if available)

• Examining vehicle damage and skid marks

• Reviewing police and witness reports

It’s common for both parties’ insurers to dispute liability. That’s why documentation, timelines, and follow-up medical records can make a major difference.