Workers’ Compensation
FAQ’S
Understanding workers’ compensation rightsin Illinois
If you have suffered from work related injuries, contact us. You should also know that you have legal rights that entitle you to the following workers’ compensation benefits:
Employer responsibility. In Illinois, your employer must cover all necessary and reasonable medical bills incurred as a result of your work injuries and in conjunction with your workers’ compensation claim. Generally, you may be treated by up to two doctors of your choice at your employer’s expense, however in 2011 changes were made to the workers’ compensation act that may affect this right. Contact our firm for more details.
Collecting money. In Illinois, you are often entitled to collect money for your permanent injuries that occurred within the course of your employment.
Understand your wages. Your employer may be required to pay you two-thirds of your average weekly wage for any lost time related to your workers’ compensation claim.
Know your tax information. Any money you receive as a result of an Illinois workers’ compensation claim is tax-free.
Understand the no-fault system. Workers’ compensation in Illinois is a “no-fault” system. This means that you do not have to prove that your employer was negligent.
Review the IL Workers’ Compensation Act. Repetitive trauma cases, such as carpal tunnel syndrome, are covered under the Illinois Workers’ Compensation Act.
If you are not able to return to your old job as a result of your work related injuries, your employer has to assist you in finding a new job or pay you a portion of your lost income. If you have to take a lower-paying job as a result of your work injuries, your employer is responsible for paying a portion of the difference in income.
Types of workers’ compensation benefits available to injured workers in Illinois
In Illinois, the Workers’ Compensation Act provides various types of benefits to injured workers:
Medical benefits: Injured workers are entitled to receive all necessary medical treatment for their work-related injuries or illnesses. This includes doctor’s visits, hospitalization, surgery, medication, physical therapy, and other medical expenses. Workers do not have to pay out-of-pocket for these medical services.
Temporary Total Disability (TTD) Benefits: If an injured worker is unable to work while recovering from their injury, they may be eligible for TTD benefits. These benefits typically provide two-thirds (66.67%) of the worker’s average weekly wage, subject to certain maximum and minimum limits, during the period of disability.
Temporary Partial Disability (TPD) Benefits: If an injured worker can return to work but with restrictions that result in reduced earning capacity, they may be eligible for TPD benefits. These benefits generally amount to two-thirds of the difference between the worker’s average weekly wage before the injury and their wage after the injury.
Permanent Partial Disability (PPD) Benefits: If an injured worker sustains a permanent impairment but can still work in some capacity, they may be entitled to PPD benefits. The amount of PPD benefits depends on the nature and extent of the impairment, as determined by a specific statutory schedule.
Permanent Total Disability (PTD) Benefits: If an injured worker is permanently and totally disabled and unable to engage in any gainful employment, they may be eligible for PTD benefits. These benefits generally provide two-thirds of the worker’s average weekly wage for life, subject to certain limits.
Vocational rehabilitation: In some cases, injured workers may receive vocational rehabilitation services to help them retrain for a different job if they cannot return to their previous occupation due to their injury.
Death benefits if a work-related injury or illness leads to death: Their dependents (usually a surviving spouse and dependent children) may be eligible for death benefits, which can include compensation for funeral expenses and ongoing financial support.
Penalties and interest: In certain situations where an employer or insurer unreasonably delays or denies benefits, penalties and interest may be awarded to the injured worker.