The Basics of Workers' Compensation in Illinois: An Overview
Provided by HG.org
Illinois workers' compensation laws allow employees who are injured in the course of their work on a job to seek payment from their employer's workers' compensation insurance carrier for their injuries. If you believe you have a workers' compensation claim, you should try to gain a basic understanding of laws dealing with workers' compensation in Illinois.
You should also seek the assistance of one of Illinois' qualified, experienced workers' compensation attorneys who can consult with you and guide you through the process of making your claim, especially if you anticipate that your employer will deny your workers' compensation benefits.
Worker's compensation in Illinois is overseen by the Illinois Workers' Compensation Commission. When you are injured during the course of your job, workers' compensation will pay out benefits if your claim is accepted by your employer's insurance carrier. These benefits can range from compensation for medical bills to disability pay.
Payment for Disability.
The money you receive for disability for workers' compensation in Illinois will vary depending on the severity of your disability. For example, a worker who is permanently and totally disabled will never be able to return to work and thus will receive more compensation than a worker who is only temporarily disabled. Some of the disability classifications and their payouts under Illinois workers' compensation laws include:
Serious and permanent disfigurement of the hand, head, face, neck, arm, leg below the knee or chest: Up to two-thirds (or 66%) of the employee's weekly wages for up to 150 weeks.
Permanent partial disability: 60% of the employee's average weekly wage.
Temporary total disability: Two-thirds (or 66%) of the employee's average weekly wage.
Other claims: Usually two-thirds (or 66%) of the employee's average weekly wage.
For temporary total disability, there is a three (3) day waiting period before a claimant can receive benefits. If a disability lasts for fourteen (14) or more days, then the employee is eligible for retroactive compensation, meaning that he or she can seek payment for the time between when the injury originally occurred and when he or she started to receive workers' compensation benefits.
Filing a Claim or Appeal
If you have been injured in a workplace accident, then you should report the injury to your employer as soon as possible. Workers' compensation in Illinois provides employees with up to 45 days to report an injury, and waiting longer than 45 days may result in the loss of your right to claim workers' compensation benefits.
Under the law, you cannot be fired or harassed for filing a workers' compensation claim. However, an employer may choose to deny your claim. If this happens, you may have to appeal to the Illinois Workers' Compensation Commission. The Commission has the power to order the employer to pay out benefits. You will normally have up to three (3) years after the injury occurs to file an appeal with the Commission if your employer denies your claim. This time limit varies in certain cases (for example, in claims involving asbestos injuries, the time limit is up to 25 years after the last exposure).
If you have not already hired an attorney by this point, you should consider hiring an attorney to assist with your appeal if your employer denies your claim. An Illinois workers' compensation lawyer can help represent you before the Commission and help ensure your claims are not denied simply for failing to follow the proper procedure.
Other Resources for Information about Workers' Compensation in Illinois
Illinois Workers' Compensation Commission will generally answer your questions about workers' compensation claims, but cannot represent you or provide legal advice.
If you have concerns about the safety of your workplace, you can contact your local Illinois Occupational Safety and Health Administration (OSHA) office. OSHA is a government agency tasked with overseeing workplace health and safety standards, and may be able to force your employer to improve work conditions before an injury occurs.
Finally, if you have any questions about your specific case, as noted above, you should contact a qualified, experienced Illinois workers' compensation lawyer. Only they can provide you with legal advice and act as an advocate for your interests.
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Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
Worker's compensation in Illinois is overseen by the Illinois Workers' Compensation Commission. When you are injured during the course of your job, workers' compensation will pay out benefits if your claim is accepted by your employer's insurance carrier. These benefits can range from compensation for medical bills to disability pay.
Payment for Disability.
The money you receive for disability for workers' compensation in Illinois will vary depending on the severity of your disability. For example, a worker who is permanently and totally disabled will never be able to return to work and thus will receive more compensation than a worker who is only temporarily disabled. Some of the disability classifications and their payouts under Illinois workers' compensation laws include:
Serious and permanent disfigurement of the hand, head, face, neck, arm, leg below the knee or chest: Up to two-thirds (or 66%) of the employee's weekly wages for up to 150 weeks.
Permanent partial disability: 60% of the employee's average weekly wage.
Temporary total disability: Two-thirds (or 66%) of the employee's average weekly wage.
Other claims: Usually two-thirds (or 66%) of the employee's average weekly wage.
For temporary total disability, there is a three (3) day waiting period before a claimant can receive benefits. If a disability lasts for fourteen (14) or more days, then the employee is eligible for retroactive compensation, meaning that he or she can seek payment for the time between when the injury originally occurred and when he or she started to receive workers' compensation benefits.
Filing a Claim or Appeal
If you have been injured in a workplace accident, then you should report the injury to your employer as soon as possible. Workers' compensation in Illinois provides employees with up to 45 days to report an injury, and waiting longer than 45 days may result in the loss of your right to claim workers' compensation benefits.
Under the law, you cannot be fired or harassed for filing a workers' compensation claim. However, an employer may choose to deny your claim. If this happens, you may have to appeal to the Illinois Workers' Compensation Commission. The Commission has the power to order the employer to pay out benefits. You will normally have up to three (3) years after the injury occurs to file an appeal with the Commission if your employer denies your claim. This time limit varies in certain cases (for example, in claims involving asbestos injuries, the time limit is up to 25 years after the last exposure).
If you have not already hired an attorney by this point, you should consider hiring an attorney to assist with your appeal if your employer denies your claim. An Illinois workers' compensation lawyer can help represent you before the Commission and help ensure your claims are not denied simply for failing to follow the proper procedure.
Other Resources for Information about Workers' Compensation in Illinois
Illinois Workers' Compensation Commission will generally answer your questions about workers' compensation claims, but cannot represent you or provide legal advice.
If you have concerns about the safety of your workplace, you can contact your local Illinois Occupational Safety and Health Administration (OSHA) office. OSHA is a government agency tasked with overseeing workplace health and safety standards, and may be able to force your employer to improve work conditions before an injury occurs.
Finally, if you have any questions about your specific case, as noted above, you should contact a qualified, experienced Illinois workers' compensation lawyer. Only they can provide you with legal advice and act as an advocate for your interests.
Copyright HG.org - Google+
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
