We are experienced Illinois workers compensation lawyers. One thing that sets us apart is we talk like normal human beings. Another is that we want people to be educated about the Illinois work comp system. With that in mind, here is an overview of some things we think every injured worker should know. If you would like to discuss a case for free, please call us any time at 312-346-5578.
What Is Workers’ Compensation?
Illinois workers’ compensation is a no-fault insurance system that provides benefits to employees who are injured or become ill because of their job. “No-fault” means you can receive benefits even if the accident was partly your mistake.
In exchange for these guaranteed benefits, employees generally cannot sue their employer for negligence related to the injury. Recovery is limited to the benefits provided under the statute. In other words, you aren’t suing so there is no pain and suffering or punitive damages. You do get all of your medical bills paid, all of your time off paid and eventually a settlement or award at Arbitration.
Who Runs the Workers’ Compensation System?
The system is administered by the Illinois Workers’ Compensation Commission, which:
• Oversees claims and disputes
• Conducts hearings through arbitrators
• Reviews appeals
• Approves settlements
Most formal disputes are decided first by an arbitrator, with further review available through commission panels and the state court system. That said, most cases settle.
Who Is Covered Under Illinois Work Comp Law?
Employees working in Illinois are covered from their first day on the job. Coverage generally includes:
• Full-time and part-time employees
• Workers injured while performing job duties in Illinois, even if based out of state
• Employees whose work is based in Illinois
• Many workers who travel or perform duties across state lines
What Types of Injuries and Conditions Are Covered?
Workers’ compensation applies when a job causes or contributes to:
• Sudden accidental injuries
• Repetitive stress injuries
• Occupational diseases
• PTSD or other mental injuries from one time, sudden and shocking events
• Aggravation of a pre-existing condition
• Back, neck, joint, and nerve conditions made worse by work duties
The key issue is whether the employment was at least a contributing cause of the injury.
What Should You Do After a Work Injury?
Report the Injury
You must report your injury to your employer within 45 days. Report it as soon as possible and keep a record of when and how you gave notice. Failure to give timely notice can result in denial of benefits.
Get Medical Care
Seek appropriate medical treatment promptly and follow your provider’s recommendations. Gaps in treatment or failure to follow medical advice can hurt your claim.
Beware the Insurance Company
Insurance representatives may ask for:
• Recorded statements
• Broad medical authorizations
You are not required to give a recorded statement, and medical releases should be reviewed carefully before signing and limited to the body part injured.
How Long Do You Have to File a Claim?
In most cases, you must file an application for adjustment of claim within:
• Three years from the date of injury, or
• Two years from the last payment of compensation
The sooner the better. It’s for your protection and it is free to file. It also gives your case priority when it comes to getting an arbitration hearing if you ever need one.
Attorney Fees In Illinois Workers’ Compensation Claims
By law, attorney fees can not exceed 20%. That is true even if you switch lawyers. The total attorney fee can not go over that amount. If you switch, the new lawyer and old lawyer will have to figure out how to divide the 20 percent, but you will not get less.
If you have any questions, please do not hesitate to reach out to us any time.
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