5 Facts that Make Workers' Compensation Laws Unique
The Illinois Workers’ Compensation system is designed to provide benefits to workers that were injured in work-related accidents. The system is set up to compensate for injuries in a more streamlined and predictable way, than a typical lawsuit for personal injuries. Here are some of the major differences between the two.
1. You do not have to prove your employer was at fault to be compensated.
Unlike a traditional lawsuit, the workers’ compensation system does not rely on proving that one side was at fault in hurting the other. Workers’ compensation claimants are seeking to be paid for what they have lost from their work-related injury. As long as you were an employee of the company and suffered a work-related injury, benefits should be available. The trade-off is, though, that employees cannot sue their employer in court to recover other money damages for their injuries. The workers’ compensation benefits may be more limited, but the process is more simplified and payment is more certain to get.
2. Workers’ compensation cases are not decided by juries.
Disputes in workers’ compensation cases are not brought before judges and juries like they are in a traditional civil trial. The Illinois Workers’ Compensation Commission is the agency that handles these matters, and assigns an Arbitrator to your case when you file. Arbitrators are located at various hearing sites around the state, and they are the judges that hear and decide your case. Because there are no juries, personal biases do not enter into the decisions, and therefore there is generally more consistency from one area of the state to another in terms of money awarded.
3. The time limits for claims are different in workers’ compensation cases.
Workers’ compensation cases in Illinois have certain cut-offs for claims. First, your employer needs to be notified within 45 days of your injury. Second, the deadline, or statute of limitations period, for filing your claim with the Illinois Workers’ Compensation Commission is no later than three years from the date of your injury. While these dates may seem clear-cut, sometimes they can be more complicated. For example, if you have an injury that develops over a period of time, it may be unclear when the injury began, or when you would have had a reason to know it was related to your job. There are special rules for those situations, to figure out when the relevant dates would be. They are important, though, because you don’t want to lose your right to benefits because you missed a deadline
4. You cannot get paid for your pain and suffering.
In cases where you sue for negligence, you may be able to recover money to compensate you for your pain and suffering. However in workers’ compensation cases, this is not available. The workers’ compensation system is geared towards helping you efficiently cover your medical expenses, lost wages, and harm caused to your body. It does not, though, cover the aspect of your injury that reflects the personal trauma to you in terms of your physical and emotional pain and suffering. If a third party other than your employer was responsible, then an additional lawsuit for negligence may be a possibility.
5. Attorneys’ fees are set out by law.
Workers’ compensation cases are handled on a contingency fee basis, which means that the lawyer only gets paid a percentage of what is recovered for you. Typically, in other injury cases, the lawyer’s portion would be 1/3 of what you are paid, but they could be higher or lower. In workers’ compensation cases, the law says that the fee is usually 20%. Sometimes, there is no fee, even where you have been helped by a lawyer to get benefits, where there is essentially no dispute to resolve.
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.
