Belleville, Illinois Workers' Compensation Lawyer Gary Bement of Bement and Stubblefield, PC

Illinois work injury lawyer Gary Bement has over 40 years of litigation experience together in successfully representing injured employees and victims of negligence, ranging from the mildly injured to the quadriplegic, as well as families of wrongful death victims. He has dedicated his practice to serving injured workers throughout the State of Illinois, including the cities of Belleville, East St. Louis, and St. Clair County within the following areas:

• Workers' Compensation
• Occupational Diseases
• Reactive Airways Disease and Asthma
• Hypersensitivity Pneumonitis
• Silicosis
• Asbestos – Asbestosis, Mesothelioma and Lung Cancer
• Cotton Dust – Brown Lung or Byssinosis
• Toxic Exposure
• Metal Working Fluids
• Nickel
• Chlorine
• Silica
• Biocides
• Chromates
• Construction and Industrial Accidents
• Scaffolding Collapse
• Crane Failures and Improper Lifting
• Tower Collapse
• Walls Falling on Residential Construction Sites
• Snapped Guide Cables
• Falls Through Unguarded Holes
• On-the-Job Injuries Caused by Third Parties
• Car Accidents While On-the-Job
• Injuries Due to Other Workers or People Working for Someone Else
• Orthopedic Injuries
• Repetitive Stress injuries
• Carpal Tunnel Syndrome
• Tendonitis
• Burn Injuries
• Retaliatory Discharge from workers' compensation claims

Suffering an on-the-job injury can be a traumatic experience. In addition to the pain and discomfort of the injury itself, injured workers face additional stresses of keeping bills paid, getting adequate medical care and dealing with the red tape and bureaucracy of insurance companies that choose the doctors and control the amount of benefit checks if any that are issued to the injured worker. 

Illinois workers' compensation Attorney Gary Bement specializes in representing individuals, employees and union members and he has never represented large employers, large corporations or insurance companies.

"We are very proud of the fact that we receive numerous referrals from satisfied clients, union leaders and other attorneys. We know that it can be difficult selecting a lawyer to meet your legal needs. We are committed to providing our clients with high quality legal services. Please call our office for a free telephone consultation."

-Belleville, Illinois Workers' Compensation Attorney Gary Bement

Bement and Stubblefield maintains a small firm which allows clients to get the individual attention they need when they have been injured on-the-job. Workers' compensation insurance companies know that you are facing certain time limits in protecting your legal rights, and they know that you can lose some of your rights if you are not careful in dealing with your Illinois on-the-job injury. That is why it is important to have Bement and Stubblefield to represent you and protect your rights to appropriate medical care and to take steps to ensure that your benefit checks, and final settlement amounts, are calculated properly.

If you or a loved one has been seriously injured on-the-job or suffered wrongful death as the result of an accident in Belleville, East St. Louis, St. Clair County or throughout southern Illinois, please call Gary Bement of Bement and Stubblefield, PC today at 866-435-4585, or complete the contact form provided on this site to schedule your free initial consultation.

Illinois Workers' Compensation:
Workers' compensation is insurance that an employer is required by law to carry in case an employee is injured on-the-job or becomes ill, temporarily or permanently disabled or fatally injured due to circumstances surrounding his or her job.

Although workers' compensation laws vary from state to state, covered medical care generally includes: medical, surgical and hospital services, dental services, crutches, hearing aids, chiropractic treatment, physical therapy, nursing care and prescribed medications. Additional monetary compensation may be provided if an injured employee is temporarily unable to work for more than a certain number of calendar days set by state law, hospitalized as an in-patient, or becomes permanently disabled due to a job-related injury or illness. The right to receive medical treatment at the employer's expense typically continues as long as treatment is reasonable and necessary to treat the injury.

Orthopedic injuries:
Orthopedic injuries can include injuries involving the spine, bones, joints, muscles, nerves and other parts of the skeletal system.  The most common orthopedic injuries are bone fractures and sprains and strains. Sprains describe an injury to a ligament and strains describe an injury to muscle. Treatment for orthopedic injuries include medical counseling, medications, casts, splints and therapies, such as exercise or surgery.

Repetitive Stress injury:
If an individual develops a repetitive stress injury (i.e., carpal tunnel syndrome, tendonitis, tennis elbow, etc.) from duties performed while on-the-job, he or she may receive workers' compensation benefits including their choice of doctor(s), full medical care compensation, lost wage benefits, a lump-sum cash settlement, vocational retraining or re-schooling and permanent wage loss benefits.

Construction/Industrial Accidents:
Construction labor makes up one of the three most dangerous occupations in the United States today; each year producing thousands of debilitating injuries and wrongful deaths. Factors that contribute to construction accidents include workers lifting loads with worn and weathered cables, working on elevated platforms without fall protection or wearing defective safety harnesses and lanyards, and/or working in trenches with improper benching and using outdated tools and equipment.

Construction site personal injury law is not practiced nor understood by many personal injury Attorneys. As a result, many personal injury construction claims are often subject to mediocre representation and minimal financial compensation due to improper legal counsel.  Injured construction workers are urged to seek a workers' compensation attorney who is knowledgeable in a variety of construction techniques and has successfully litigated numerous construction site personal injury cases.

Toxic Exposure:
Due to the tremendous growth of corporate industry in the United States over the past fifty years, the number of dangerous, toxic substances in the environment has grown significantly. Some toxic substances are shown to cause substantial injury to people: i.e., lead-based paint, linked to brain damage, especially in children; asbestos, linked to lung cancer and restrictive lung disease; dry cleaning and other solvents, linked to brain damage and major organ damage; pesticides such as dioxin and DDT, linked to birth injuries and toxic landfill waste, linked to leukemia.

Retaliatory Discharge:
If an individual is terminated from their place of employment after reporting a workers' compensation claim, he or she could be entitled to substantial damages in a retaliatory discharge lawsuit against their former employer.

Federal laws prohibit an employer from discharging or discriminating against an employee because of a workers' compensation injury.  If an employer fires or forces the resignation of an injured employee in retaliation for filing a workers' compensation claim, the employee can file a civil lawsuit against the employer seeking damages in court, provided the employee has evidence of such an allegation.  Also, if an employer denies permission for immediate medical attention following a work-related injury, or does not permit an employee to seek out the services of other medical professionals in conjunction with assigned company doctors, the employee can seek legal retribution under workers' compensation laws.

Take Action to Protect Your Rights:
If you or a loved one has been seriously injured on the job or suffered wrongful death as the result of an on-the-job accident anywhere within the State of Illinois, call Illinois workers' compensation Attorney Gary Bement of Bement and Stubblefield, PC today at 866-435-4585, or complete the contact form provided on this site to begin your consultation with a dedicated Illinois work injury trial attorney.  Your initial consultation on workers' compensation matters is free.

Frequently Asked Questions

The following information includes frequently asked Workers' Compensation questions. The answers stated are general in nature and are not intended to apply to every situation. Each case is different and carries its own set of circumstances which must be taken into consideration by competent legal counsel. For a personal consultation regarding your specific case, please contact Belleville, Illinois Workers' Compensation Attorney Gary Bement today.

If I am out of work due to an on-the-job injury, does my employer or their insurance company have to pay me the same amount I made when I was working?
No. Your "compensation rate" is 2/3 of your average weekly gross wages. Your average weekly wage is the average of your gross pay over the fifty-two weeks prior to your injury in the employment in which you were injured. In other words, if you had worked as a truck driver for ABC Trucking for the past eighteen months, your gross wages for the fifty-two weeks immediately preceding your injury would be added up, divided by the number of weeks worked, and then reduced to 2/3 to determine your "compensation rate." However, if you are a highly paid employee, your compensation rate is limited to the annual maximum.

Is workers' compensation the same as State Disability?
Workers' compensation is only for injuries or illnesses that occur due to employment accidents. State Disability is for injuries or illnesses that are not work related. You can file a State Disability claim, but you cannot be paid both workers' compensation and State Disability for the same period of time unless under certain circumstances your workers' compensation temporary disability rate is less than State Disability, then you may be paid the difference.  If your employer's insurance company denies or delays payment, you may be able to receive State Disability temporarily.

When should I hire a lawyer?
You should hire a lawyer if one or more of these issues are present in your case:

• Your case has been denied.
• Your case has been accepted, but you are out of work and are not receiving your weekly checks to cover your wage loss.
• The insurance company has understated your "average weekly wage" and therefore your compensation rate.
• You are having trouble getting the medical treatment that you believe you need.
• The case has been neither accepted or denied, but quite a bit of time has passed since you were hurt and you are not able to get a response from the employer or insurance company on your own.
• You have been released by your treating doctor, but you feel you need additional medical treatment.
• You have been injured at work and subsequently fired by your employer.
• You have returned to work at a lesser paying job, and your employer or insurance company does not want to make up the difference in wages.
• You have been released by your doctor and rated for disability, but you believe you are entitled to a greater disability rating.
• You have been offered a settlement by the insurance company, but you don't have any idea whether it is a fair settlement or not.
• You simply want the guidance of an experienced professional to help you through the maze of workers' compensation.

If I receive workers' compensation, can I also sue my employer in court?
Typically, no. Workers' compensation exists both as a way to benefit injured workers and as a way to protect employers. Workers' compensation is a no-fault insurance system, meaning an employee can receive benefits regardless of who was at fault, in exchange for not suing the employer. 

However, if you are injured because of reckless or intentional action on the part of your employer, or the establishment in which you were employed was hazardous due to negligence on the part of other workers or the employer, you can bypass the workers' compensation system and sue your employer in court for a full range of damages, including punitive damages, pain and suffering and mental anguish. You may also choose to sue in court if your injury was caused by someone other than your employer such as a visitor or outside contractor, or if a defective product caused your injuries.

Are all on-the-job injuries covered by workers' compensation? Do all workers qualify?
Workers' compensation covers most, but not all, on-the-job injuries. The workers' compensation system is designed to provide benefits to injured workers, regardless of whether injury is caused by the employer or the employee. But there are limits. Injuries that occur due to employee intoxication or drug use are not covered by worker's compensation. Coverage may also be denied in situations involving self-inflicted injuries; i.e., an employee who starts a fight, injuries suffered while a worker was committing a serious crime, or injuries suffered when an employee's conduct violated company policy.

Most workers are eligible for workers' compensation coverage, but every state excludes some workers. Exclusions often include: business owners, independent contractors and casual workers, domestic employees in private homes, farm workers, maritime workers, railroad employees and unpaid volunteers. Federal government employees are also excluded from state workers' compensation coverage, but they can receive workers' compensation benefits under a separate federal law. In addition, some states do not require workers’ compensation coverage of employers having less than a designated number of employees, such as less than three.

If you or a loved one has been seriously injured on-the-job or suffered wrongful death as the result of an accident in Belleville, East St. Louis, St. Clair County or throughout southern Illinois, please call Gary Bement of Bement and Stubblefield, PC today at 866-435-4585, or complete the contact form provided on this site to schedule your free initial consultation.

Professional Profiles

Bement and Stubblefield, PC has more than 40 years of combined litigation experience representing injured workers. The firm specializes in representing individuals, employees and union members and it does not represent large employers, large corporations or insurance companies.

If you or a loved one has been seriously injured on-the-job or has suffered wrongful death as the result of an on-the-job accident in the areas of Belleville, St. Clair County, or throughout Southern Illinois, call workers' compensation lawyer Gary Bement today, at 866-435-4585, or complete the contact form provided on this site to begin your free consultation.

FIRM ADDRESS:
Bement and Stubblefield, PC
28 Bronze Point North
Belleville, IL 62226
Phone: 866-435-4585
Hours: M-F, 8:00AM-5:00PM

MEMBERS OF THE FIRM:
Gary Bement

EDUCATION:
St. Louis University, J.D.
St. Louis University, Master's in Public Administration
St. Louis University, Bachelor of Science in Political Science

COURTS ADMITTED:
Illinois, 1981

PROFESSIONAL MEMBERSHIPS:
American Trial Lawyers Association
Illinois Trial Lawyers Association
Workplace Litigation Group
Southern Illinois Workers’ Compensation Attorneys Association

PUBLICATIONS:
National Business Institute
Lorman Business Centers

PRACTICE AREAS:
Workers' Compensation
Personal Injury
Criminal Law

Tim Stubblefield

EDUCATION:
St. Louis University, J.D.
Northwestern University, B.A.

COURTS ADMITTED:
Illinois

PROFESSIONAL MEMBERSHIPS:
Attorney General's Advisory Committee on Disabled Adults
Monroe County Bar Association, Past President

LECTURES:
Labor organizations, local colleges, and small business organizations on workers' compensation issues and the Americans with Disabilities Act

PRACTICE AREAS:
Workers' Compensation
Personal Injury
Criminal Law