Illinois workers' compensation overview.
One of the harsh realities of getting hurt, is that it’s going to cost you money. Whether it’s medical bills to recover from your injury, or lost wages at work during the recovery time, your wallet may feel the pain. But the workers’ compensation system in Illinois is designed to help you recover both your health and your money if you were injured on the job.
What it is:
Illinois workers are entitled to compensation for medical bills and lost wages, according to the workers’ compensation system. Most work-related injuries are covered, whether they happened from a one-time accident, or over the course of many hours on the job.
In most injury cases, if you want to recover damages, you would file a lawsuit, where you would have to prove that your injury was someone else’s fault. In workers’ compensation cases, you file a workers’ compensation claim instead of a lawsuit. Your claim is for your medical bills and lost wages, which you should be able to recover regardless of whether someone else was responsible for your injury.
In exchange for the relative ease receiving benefits under the workers’ compensation system, you usually give up the right to file a lawsuit against your employer for any part they may have played in your injury.
How you get started:
There are deadlines for getting your claim started that you want to be sure not to miss. One deadline involves notifying your employer, which must be done within 45 days of your injury. The second deadlines, is the statute of limitations time period. Your claim must be filed with the Illinois Workers’ Compensation Commission within three years of the date of your injury. The Commission oversees and hears the cases of injured workers.
Some of these dates for notice and filing can actually be more complicated to calculate than they may at first seem. For example, if you have a back injury that developed over a course of many months of lifting boxes, your injury doesn’t have one clear date. You have to look at the time at which you would notice that you had an injury that was related to your work.
What you can expect to get:
Most workers’ compensation benefits fall into three main categories. (1) medical benefits: All of your medical bills that are reasonable and related to your recovery, including your out-of-pocket expenses, should be covered. (2) temporary total disability benefits: While you are recovering from your injury, you may receive payment for your lost wages. The system allows for payment of 2/3 of your average weekly wage. If you are able to work, but you’re under medical restrictions that your employer can’t accommodate, you can be compensated for this loss. (3) permanent partial disability: Your doctor may make a determination that additional medical treatment will not help you recover any further, and your injury is permanent. If this is the case and you have to take a job that pays less, then you may be able to be compensated for the wage difference.
Illinois injured workers are fortunate to be able to choose which doctor they go to for evaluation and treatment of their injuries. This is not the case in all states. The insurance company does, though, have the right to have your injury examined by a different doctor for an Independent Medical Exam.
How a lawyer works:
Though a workers’ compensation claim is different than a typical lawsuit, it is still highly recommended that you have an attorney handle your case. The insurance companies are experienced at workers’ compensation matters and it is to your benefit to have an attorney with experience working to get you all the compensation you should get.
Also, workers’ compensation attorneys handle your case on a contingency fee basis, meaning you don’t have to pay an hourly fee for the work. Generally, the lawyer gets 20% of the benefits you recover; and only if you recover benefits.
Our lawyers are highly experienced in Illinois workers’ compensation matters, and are able to help relieve the stress for you in helping you to recover your losses for your work injury. Please contact us if you have a work injury or have any questions about workers’ compensation.
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.
