We write about a lot of the nuances and specific situations in Illinois law when it comes to work injuries. Here, however, is a broad overview of the three main benefits available. We want to give as much information as possible to employees who are facing this situation. We’ll also talk to anyone for free about his or her Illinois work injury, because we believe this information should be readily available to everyone.
Medical benefits – 100%
Illinois law says that an employee who suffers a job-related injury is entitled to 100% coverage when it comes to related medical care. You shouldn’t have any co-pays or out-of-pocket expenses when it comes to getting the treatment you need. Some unconventional treatments might pose a problem, but things like physical therapy, medications, and even surgery should be included. Note: If coverage for certain treatment is denied, get legal advice before giving up.
Off work benefits
If your injury prevents you from doing your job, and your doctor puts that in writing, then you should be able to collect 2/3 of your average weekly wage until you can return. Your “average weekly wage” is based on the 52 weeks prior to your date of injury. This benefit doesn’t apply unless you are out of work for more than three days. Be sure to notify your employer of your injury as soon as possible. And file a claim with the Illinois Workers’ Compensation Commission. The form you need is called an Application for Adjustment of Claim.
Permanent impairment benefits
If your injury leaves you with a permanent disability or impairment, you can expect compensation for that, as well. Many cases end in settlement after all treatment is complete. This is generally paid as a lump sum. When you reach what’s called “maximum medical improvement” it’s an appropriate time to negotiate a settlement or go to trial if a fair settlement cannot be reached. Settling your claim ends your medical coverage, so it’s not a decision to be made lightly or without good legal advice.
Your employer most likely carries workers’ compensation insurance (the majority of Illinois employers do and are required to do so by law), which is how these benefits will be paid.
