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If you have been injured on the job in Illinois, you can likely apply for workers’ compensation. Under our state’s laws, workers have the right to get financial support and medical benefits when they are injured at the workplace or become ill due to their job duties.
What are the specifics of Illinois workers’ compensation laws? Anyone who is hired by an Illinois employer or works in the state is eligible for these benefits. These protections are in place to ensure that workers get the help they require when they need it the most. Let’s examine all the details of these laws in the Land of Lincoln.
What To Know About Workers’ Comp in Illinois
Under the Illinois Workers’ Compensation Act, all employers must provide workers’ compensation for their employees, whether full-time, part-time, or seasonal. Anyone who is injured while on the job in or works within Illinois or who has a contract of hire in Illinois is entitled to these benefits.
However, the coverage only applies to those injured on the job or who have developed an illness as a result of their employment. Any injuries suffered away from the workplace are not covered.
It should also be noted that undocumented workers are afforded the same benefits as other employees. While some workers are fearful when applying for financial assistance and medical benefits, employers cannot discriminate or threaten to retaliate against their employees for claiming these benefits.
Whether you are a full-time employee or an undocumented worker, if you are injured on the job, you can claim workers’ comp benefits. Any employer who withholds these benefits could face serious legal issues for doing so.
However, the law does exclude a few categories. Independent contractors, volunteers, and some agricultural workers cannot claim these benefits. All employees should be properly classified to ensure they receive the right compensation.
The Illinois Workers’ Compensation Commission (IWCC) handles all workers’ compensation claims and disputes in the state.
What Types of Workers’ Compensation Benefits Are Available?
Like most states, Illinois law allows workers to claim several types of benefits related to lost wages and medical expenses.
When workers are hurt, their medical treatment related to the work injury or illness is covered. These benefits include doctor visits, hospital stays, surgeries, physical therapy, prescription medications, and medical devices.
Along with that, employees can also choose their own doctor, but there are exceptions. For example, if the employer is part of a Preferred Provider Program (PPP), the injured employee may have to visit a doctor within the network.
In addition to covered medical expenses, workers can either receive temporary or permanent disability based on the severity of the injury or illness. In Illinois, these workers’ compensation benefits include:
- Temporary total disability (TTD) benefits are available when an employee is unable to work. These benefits are two-thirds of the employee’s average weekly wage.
- Temporary partial disability (TPD) benefits are provided when the employee can return to work but only in a reduced capacity with reduced wages. These benefits are calculated as two-thirds of the difference between the employee’s pre-injury wages and post-injury earnings.
- Permanent partial disability (PPD) benefits are granted to those who suffer from a permanent disability that partially affects their job performance. The severity and nature of the disability will determine the amount of compensation.
- Permanent total disability (PTD) benefits are available when an employee is permanently and totally disabled and cannot perform any kind of work. In these cases, the employee can receive two-thirds of their average weekly wage for life.
Additionally, any employee who cannot return to their previous job or role is eligible to receive vocational rehabilitation services, such as job retraining, education, and assistance with job placement.
Unfortunately, some workplace accidents or illnesses can lead to a worker’s death. In these cases, the surviving family members are eligible for death benefits. These benefits include burial expenses and financial support for the employee’s dependents, calculated as two-thirds of the employee’s average weekly wage. Under current statewide average weekly wage benefit rates, dependents will receive these benefits for up to 25 years or until the amount reaches $500,000, whichever is greater.
Employer Responsibilities Under the Law
Illinois employers must abide by certain regulations to be in compliance with our state’s Workers’ Compensation Act. First, workers’ compensation insurance is mandatory. Whether one person is employed or a workforce consists of family members, every employer in the state needs to have workers’ compensation insurance or be self-insured. If they fail to provide coverage for their employees, that can result in a minimum fine of $10,000, criminal penalties, and allow them to be held personally liable for injuries.
All workplaces should follow certain safety protocols to protect workers from injuries or illnesses.
In the event that an employee is injured, the employer must report these incidents to their insurance company. According to the Illinois Workers’ Compensation Act, employers are required to make a report if the injury or illness resulted in three consecutive days of missed work.
Employers are also required to be cooperative throughout the entire process. They cannot deny medical treatment to the injured worker or retaliate for filing a claim. Also, the employer should assist with the process and provide accurate information when required by the IWCC.
How To File a Workers’ Compensation Claim in Illinois
If you have suffered an illness or injury related to your employment, there are two deadlines that apply to Illinois workers’ comp cases to keep in mind:
- You must report the injury to your employer within 45 days of the incident.
- You have three years to file with the IWCC for your workers’ compensation benefits.
After an injury, the employee must report their injury or illness to the employer as soon as possible. It must be no later than 45 days from the date of the incident or from when the injury or illness became known.
Whether the report is verbal or in writing, the worker needs to include details about the injury, along with how and when it occurred. It’s also imperative that they receive some documentation confirming that the employer has been notified of the injury or illness.
The process to file a claim starts with an official application for benefits. Injured employees need to provide all the details about the incident and their injuries. Once completed, the claim will either be approved or denied.
In the case of a dispute, the employee may file an Application for Adjustment of Claim with the Illinois Workers’ Compensation Commission.
Remember, there is a deadline. The application must be filed within three years of the date of injury or within two years of the last payment of compensation, whichever is later.
Dispute Resolution
Any dispute will be handled through the Illinois Workers’ Compensation Commission. The process involves:
- Arbitration: This hearing is conducted by an IWCC arbitrator. During this time, both parties present their evidence and arguments. After that, the arbitrator issues a decision based on the evidence presented. If either party is unhappy with the decision, they can appeal to the IWCC commissioners.
- Commission review: A panel of three IWCC commissioners will review the appeal and issue a decision. Once again, if both parties are not satisfied with the outcome, they can appeal to the local Circuit Court. The appeals process can involve higher courts, such as the Illinois Appellate Court and the Illinois Supreme Court.
Protecting Workers in the Land of Lincoln
Illinois workers’ compensation laws protect the rights and well-being of employees who suffer work-related injuries or illnesses. These medical benefits and wage replacement can help injured workers get the proper support to recover and return to work. All Illinois workers need to understand these rights and know the requirements established for their employers. That information can majorly impact the outcome of their claims.