While we have a lot of long time readers, we also have many people who come to us who aren’t familiar with Illinois workers’ compensation law. In no particular order, here are 50 things we think you should know about how these cases work.

  1. Illinois work comp operates under a no-fault system. This means you don’t have to prove negligence.
  2. Employers in Illinois must carry workers’ comp insurance. It’s a felony not to have it.
  3. You’re eligible for work comp from day one on the job.
  4. All necessary and reasonable medical treatments should be covered 100%. This means no co-pays or out of pocket expenses.
  5. You can select your own treating physician.
  6. Lawyer fees are capped at 20% of any settlement you get at most.
  7. Most cases hold some value.
  8. Case worth depends on various factors including the treatment you had, your recovery, your age, future medical needs and how the injury affects you.
  9. Settling a case almost always ends further medical care options. So you don’t settle until you are all better.
  10. Winning a trial secures lifelong medical benefits related to your injury.
  11. Trials in IL are arbitration-based.
  12. Discovery process is absent in IL work comp. That means you won’t give a deposition.
  13. Depositions often replace in-person doctor testimony and are submitted at trial as evidence.
  14. Attorneys usually cover case expenses. If they don’t, don’t hire them.
  15. Filing a work comp case is fee-free. This is great as filing lawsuits often cost over $500.
  16. Case expenses are usually minimal. We spend money on getting medical records via subpoena and nothing else on many cases.
  17. Insurance surveillance is legal. So if you think someone is following you, you are probably right.
  18. Nurse case managers may oversee cases, but don’t have a right to be in the exam room with you or change your appointments.
  19. It’s advisable not to allow nurse case managers to communicate with your doctor as they will often interfere with your care.
  20. Insurance can access only relevant medical records. If you hurt your knee, your pregnancy or cancer treatment is none of their business.
  21. Temporary total disability benefits amount to 2/3 of your average weekly wage.
  22. Total disability benefits and settlements are tax-free.
  23. TTD eligibility begins after three missed calendar days.
  24. Employers must provide TTD if they can’t accommodate work restrictions.
  25. Filing eligibility extends to cases where the hiring contract was initiated in Illinois or if you were hurt in Illinois even though you were just here on business.
  26. Reporting injuries promptly is recommended. If you don’t do it within 45 days of when you knew you were hurt at work you could lose your rights to bring a case.
  27. Formal filing with the state must occur within specific time frames. This is done by filing an application for adjustment of claim.
  28. Your case will be assigned to an Arbitrator based on where the injury occurred in most cases.
  29. Filing in Illinois is possible if your work primarily occurs in Illinois
  30. The Illinois Industrial Commission is the old name for the state agency known as the Illinois Workers’ Compensation Commission.
  31. Social security benefits can be obtained concurrently with workers’ comp. You should discuss this with your lawyer before you do it.
  32. Beware attorneys who insist you treat with a certain doctor.
  33. Seeing an orthopedic doctor is a smart idea if you have more than a small injury.
  34. Repetitive motion injuries are covered under Illinois workers’ comp laws.
  35. All workers, regardless of status, are entitled to equal rights under the law.
  36. Independent medical examinations (IMEs) may be required by insurers. This means they will send you to a doctor of their choosing.
  37. IME evaluations can be really quick, lasting mere minutes.
  38. Workers aren’t eligible for comp if injured while commuting to the office unless they are doing something that benefits the employer like hauling materials.
  39. Settlements may include a fund to pay for any future medical care.
  40. Functional capacity examinations (FCEs) determine post-treatment restrictions and are used when someone has a serious injury and likely needs work restrictions.
  41. Resigning without legal consultation can impact benefits and what your case is worth. Never quit your job without talking to a lawyer first
  42. Beware any employer who tells you to lie to the doctor and say you weren’t hurt at work.
  43. Timely treatment is really important. The longer you wait to see a doctor, the harder it is to prove you have a work related injury.
  44. Health insurance isn’t a prerequisite for workplace injury coverage. Just go to the doctor and tell them you were hurt at work.
  45. Don’t be shocked if the insurance company denies your case without good cause. It’s just a tactic that can be overcome.
  46. Having a pre-existing condition doesn’t prevent you from getting work comp benefits.
  47. If you are in a fight at work, you can get benefits if the fight was about work and you didn’t start it.
  48. PTSD, even without a physical injury, can be a case if you get it from a one time, shocking incident such as being robbed at gun point or seeing a co-worker die on the job.
  49. There is no cap on how much someone can get in a work comp case in Illinois. While it’s rare, some cases last many years.
  50. Don’t give a recorded statement to the insurance company. It can only be used against you.

We hope these tips help. If you have any questions or want a free consultation with an attorney, please call us any time at 312-346-5578.