Navigating Workers’ Compensation Laws in Illinois
Many employees head to work every day expecting the same routine, not realizing that there are many safety risks in the workplace.
The US Bureau of Labor Statistics reports that there were 132,400 on-the-job injuries in the state of Illinois in 2017.
For every victim that experienced pain and suffering from a work-related injury, there were also financial losses.
More than half of these cases involved days out of work, a job transfer, or work restriction for the injured employee.
This totaled to 69,600 workdays effected.
When lost hours, medical bills, and other consequences add up, you can trust the workers’ compensation team at VanDerGinst Law Injury Attorneys to fight for your rights.
We’re skilled at dealing with your employer’s insurance company, and we’re ready to advocate for you in the legal process.
Please contact our firm to set up a free assessment with an workers’ compensation lawyer today.
Overview of Illinois Workers’ Compensation Laws
The Illinois Workers’ Compensation Act requires all companies with one or more employees to carry insurance to protect workers who suffer job-related medical conditions.
You’re eligible to collect monetary benefits if:
- You’re an actual employee, instead of an independent contractor;
- You got hurt in a workplace accident or suffered from an occupational illness; and,
- You incurred your injury or medical condition in the course of your employment or while involved in work-related activities.
You do NOT have to prove that your employer was at fault to be entitled to monetary benefits.
Also, you do need to file a claim with your employer’s workers’ comp insurance company.
Be aware that in Illinois workers’ compensation is your sole remedy for recovery from your injuries from an employer. But it’s possible to receive workers’ compensation benefits much faster as compared to litigation.
In some situations, if your injuries were caused at work by a third party or worker from a different company you may have a separate legal claim against that person or that worker’s employer.
The help of an experienced workers’ comp lawyer is critical in this confusing process.
Monetary Benefits for Injured Workers
Under Illinois workers’ compensation laws, you can recover various types of benefits.
The details depend on the severity of your injuries.
They also depend on how well you recover, and your age, health, education, etc..
Your workers’ comp benefits may include:
- The costs of medical care and rehabilitation for your current and future treatment;
- Temporary total disability benefits if you are unable to return to work during treatment and rehabilitation. This is equal to a percentage of your weekly wages;
- Temporary partial disability benefits if you are able to return to work on a restricted basis but you’re not earning what you did before your workplace injury;
- Permanent total and partial disability once you have reached maximum medical recovery, and;
- Job retraining or other compensation. If you are unable to return to the work you did before the injury. Or if you need to change professions because of your injuries.
Under Illinois workers’ comp rules, family members may be able to recover amounts for the death of a loved one.
Death benefits are available for surviving spouses and children if the worker died in a workplace accident.
They are also available if they suffered because of an occupational disease.
What To Do If You’re Injured in a Workplace
If you had a workplace injury, notify your employer of the date, what happened, and your injuries. This needs done as soon as possible.
You must do so within 45 days after the accident, and provide all relevant details of time, date, location, and details about your injuries.
Your priority is your health, so seek proper medical treatment right away. Make certain to notify your employer as soon as possible.
In addition to filing a claim for a work-related injury, you must also take action if you suffer from a job-related medical condition. This doesn’t apply to a single event or incident.
Once notified, your employer:
- Starts paying your benefits;
- Tells you if more information is necessary to process your claim; OR,
- Provides you with a written explanation about why your claim is denied.
If your claim is denied, you can file a complaint with the state Industrial Commission and request a hearing.
Some of the procedures, notices, and paperwork can be confusing and overwhelming.
When you get legal counsel after a workplace accident, your lawyer can handle these and other tasks.
Contact Our Workers’ Compensation Attorneys to Discuss Your Claim
Illinois work comp laws might give you some legal remedies.
Work with experienced lawyers who can help you through the claims process to ensure the protection of your interests.
Please contact VanDerGinst Law Injury Attorneys for more information.
The information contained on this website is presented by VanDerGinst Law P.C. It is not intended nor should it be construed as professional legal advice. The information is general in nature about the Firm, the scope of services we offer, and our community outreach, it is not legal advice. Please contact us by phone, email, mail, or via this website for inquiries. Contacting us does not create an attorney-client relationship. Please contact a personal injury attorney for a consultation regarding your situation. This website is not intended to solicit clients outside the State of Iowa and/or the State of Illinois.