What you're entitled to if injured on the job in Illinois
If you are injured at work, or while doing something work-related, you are most likely eligible for workers’ compensation benefits. In Illinois, most employers are required to carry workers’ comp insurance and the majority of workers are covered.
Your employer’s workers’ compensation insurance should pay for all medical bills that are necessary and related to your work injury. These should be covered 100%, with no co-pays or out-of-pocket expenses. You should be covered for the initial treatment after the injury, any ongoing care or treatment (like physical therapy or medication), and even surgery. In Illinois, injured workers can choose their own doctor.
If you are unable to work, either because you are severely injured or because your doctor gives you work restrictions that your employer can’t accommodate, you are entitled to payment of a portion of your lost wages during that time. The amount of these payments is 2/3 of your average weekly wage, calculated by looking at your wages for the 52 weeks prior to your injury.
If your injury is permanent, you may receive permanent disability payments. The amount is different in each case and is usually negotiated between your attorney and the insurer.
There is a general rule that you cannot sue your employer for a work injury. However, if a third party is at fault, you may be able to sue them. It’s called a third-party lawsuit. Another aspect of workers’ comp is that you cannot get punitive damages or payments for pain and suffering. However, if your employer wrongfully denies you benefits, they may be required to pay you a penalty.
We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our statewide network of attorneys. Contact us and we will answer your questions or find the right lawyer for your situation.
