Workers' Compensation

Workers' Compensation Attorneys for Illinois and Indiana Industrial Workers

Steel mill workers, refinery operators, chemical plant employees, and construction tradespeople in Illinois and Indiana who develop occupational cancers or chronic lung conditions frequently have two separate legal claims available. The first is a workers' compensation claim against their employer. The second is a tort claim against the manufacturers and suppliers of the toxic products that caused the illness.

Most workers learn about the first and never pursue the second.

The Law Office of Gregory M. McMahon represents industrial workers in both claims. Our background in toxic tort litigation means we identify product manufacturers, asbestos bankruptcy trust funds, and exposure chains that general workers' compensation attorneys are not trained to find. Call (464) 250-9272 or contact us online for a free consultation.

Workers' Comp Is Rarely the Only Option for Occupational Disease Victims

Workers' compensation provides baseline income replacement and medical coverage when an employee develops an illness from work. For occupational disease victims, especially those with asbestos-related cancer or chemical-induced illness, workers' comp is the floor, not the ceiling.

What Illinois Workers' Compensation Covers

Illinois workers' compensation is governed by the Illinois Workers' Compensation Act, 820 ILCS 305, and the Illinois Workers' Occupational Diseases Act, 820 ILCS 310. Workers who develop an occupational disease from workplace exposure are entitled to medical treatment costs, temporary total disability (TTD) benefits during recovery, permanent partial or total disability awards based on functional impairment, and death benefits for surviving family members.

The statute of limitations for occupational disease claims in Illinois is generally three years from when the worker knew or should have known the disease was work-related, or two years from the last date of exposure, whichever is later.

What workers' comp does not provide: compensation for pain and suffering, punitive damages, or any recovery from the product manufacturers who supplied the toxic materials that caused the illness. That gap is where our toxic tort background becomes essential.

What Indiana Workers' Compensation Covers

Indiana workers in Gary, Hammond, East Chicago, Whiting, Burns Harbor, Portage, and Michigan City are covered by the Indiana Worker's Compensation Act, Ind. Code SS 22-3-2, and the Indiana Occupational Diseases Act, Ind. Code SS 22-3-7. Workers must file within two years of the last date of harmful exposure or within two years of first knowing the disability is work-related, whichever is later.

Indiana workers' comp provides medical expenses, temporary and permanent disability payments calculated using the American Medical Association Guides, and death benefits. Like Illinois, Indiana workers' comp caps recovery at statutory schedules and provides no compensation for pain and suffering. The difference between a workers' comp settlement and the full value of an occupational disease claim is often substantial.

The Third-Party Tort Claim Most Workers Never Know They Have

When a steelworker in Gary develops mesothelioma from asbestos insulation used in the blast furnace facility, the workers' compensation system pays limited statutory benefits. What it does not tell that worker: the asbestos insulation manufacturer, the supplier who delivered it to the mill, and in some cases the premises owner who knew the risks, may each be separate defendants in a tort claim with no statutory cap on recovery.

Those claims can include full compensation for medical expenses, lost income, pain and suffering, and in some cases punitive damages. Many of the original asbestos manufacturers have filed for bankruptcy and established trust funds specifically to compensate victims. Identifying and filing against those trusts is a distinct process that requires knowledge of which companies established trusts, what documentation each trust requires, and how to value claims across multiple defendants simultaneously.

Most workers and their families learn about this only after the workers' comp settlement closes. Our asbestos and mesothelioma practice is structured to identify and pursue third-party claims in parallel with the workers' compensation process, not after it.

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Why Choose The Law Office of Gregory M. McMahon?

  • Proven Experience

    With years spent in high-stakes toxic tort and FELA litigation, we bring a deep understanding of the law and its challenges. Our experience on both sides of the courtroom strengthens every case we takes on.

  • Client-Focused Care

    Clients receive direct communication, honest guidance, and steady support from start to finish. We make complex cases easier to navigate by keeping clients informed and involved every step of the way.

  • Relentless Advocacy

    We​ approach every case with determination and a commitment to securing justice for our clients. We fight hard to hold corporations accountable and push for the maximum recovery available.

  • Insider Advantage

    With over two decades defending major corporations, we understand exactly how they build and protect their cases. We now use that knowledge to anticipate their moves and create stronger strategies for our clients.