Workers' Compensation Injury in Illinois: FAQ

1. What is workers' compensation? Workers' compensation is a state-mandated insurance system that provides benefits to employees who are injured or become ill due to their job. It covers medical expenses, lost wages, and rehabilitation services for work-related injuries or illnesses.

2. Who is covered under workers' compensation in Illinois? Most employees in Illinois are covered under the Workers' Compensation Act. Nearly all employers are required to carry workers' compensation insurance, with limited exceptions for certain industries and workers, such as independent contractors or volunteers.

3. What types of injuries are covered by Illinois workers' compensation? Workers' compensation covers a broad range of injuries, including: Traumatic injuries (e.g., broken bones, cuts, burns) Repetitive stress injuries (e.g., carpal tunnel syndrome) Illnesses caused by exposure to harmful substances (e.g., asbestos-related conditions) Sprains and strains from overexertion or lifting Back, neck, and head injuries from accidents

4. What should I do if I’m injured at work? Report the injury to your employer within 45 days. Seek medical treatment immediately. Document your injury and treatment. Follow your employer’s instructions for filing a workers' comp claim, and consult with an attorney if there are any complications or delays.

5. Do I have to prove that my employer was at fault for the injury? No. Workers' compensation is a no-fault system, meaning you do not need to prove that your employer was negligent or responsible for the injury to receive benefits. You are entitled to compensation as long as the injury occurred in the course of your job.

6. What benefits can I receive from workers' comp in Illinois? Medical Benefits: Covers all necessary medical treatments related to your injury. Temporary Total Disability (TTD): Compensation for lost wages while you are unable to work, typically 66 2/3% of your average weekly wage. Temporary Partial Disability (TPD): Benefits if you return to work with reduced hours or capacity. Permanent Partial/Total Disability (PPD/PTD): Compensation for permanent impairments that limit or prevent your ability to work. Vocational Rehabilitation: Training or services to help you find a new job if you cannot return to your previous role. Death Benefits: Compensation for surviving family members in the event of a fatal injury.

7. Can I see my own doctor? Yes, in Illinois, you can initially see your own doctor. However, if your employer’s workers' compensation insurance provider has a Preferred Provider Program (PPP), you may be required to select from their list of approved doctors after your first visit.

8. How long do I have to file a workers' compensation claim? You must report your injury to your employer within 45 days of the injury. If your claim is denied or disputed, you have 3 years from the date of injury or 2 years from the last payment of compensation (whichever is later) to file a formal claim with the Illinois Workers' Compensation Commission (IWCC).

9. What should I do if my workers' compensation claim is denied? If your claim is denied, you can: File an Application for Adjustment of Claim with the IWCC. Attend a hearing before an arbitrator to present evidence. If the arbitrator’s decision is unsatisfactory, appeal to the IWCC or further to the Illinois Appellate Court and potentially the Illinois Supreme Court.

10. Can I be fired for filing a workers' compensation claim? It is illegal for an employer to fire or retaliate against an employee for filing a workers' compensation claim in Illinois. If you believe you have been wrongfully terminated or discriminated against, you can file a retaliation claim.

11. Will I get paid if I miss work because of a work injury? Yes, if your injury prevents you from working for more than three days, you are entitled to receive Temporary Total Disability (TTD) benefits. These benefits provide you with 66 2/3% of your average weekly wage until you can return to work.

12. What happens if I cannot return to my job after my injury? If your injury results in a permanent disability or prevents you from returning to your previous job, you may be eligible for Permanent Partial Disability (PPD), Permanent Total Disability (PTD), or vocational rehabilitation benefits. These benefits help compensate for lost earning potential or provide training for new job opportunities.

13. Do I need a lawyer for my workers' compensation claim? While you are not required to have a lawyer, hiring an experienced workers' compensation attorney can help ensure that your rights are protected, especially if your claim is denied, your benefits are delayed, or if you face employer retaliation.

14. How long will it take to receive workers' comp benefits? Once your claim is approved, benefits typically begin within 14 days. If there are disputes, delays, or denials, it may take longer, and you may need to pursue an appeal through the Illinois Workers' Compensation Commission.

15. What if my injury was caused by a third party? In some cases, a third party (someone other than your employer) may be responsible for your injury, such as in a car accident while on the job. In such cases, you may be able to file a separate third-party lawsuit while still collecting workers' compensation benefits.