The Illinois Workers’ Compensation Commission publishes a 25 page handbook. It’s a general guide that helps employees understand their rights if they get hurt at work. It has 11 sections, much of which is great information. Some of it is confusing and I’ve seen it cause some injured workers to make bad decisions. For today, let’s focus on the good. Here is one good tip from each section.

  1. Are workers’ compensation benefits taxable? No. Workers compensation benefits are not taxable under state or Federal law and need not be reported as income on tax returns.
  2. What are an employee’s options if the employer refuses to pay for workers’ compensation benefits? The employee or the employee’s attorney should contact the employer directly to determine why benefits are not being paid. Poor communication often causes delays and misunderstanding. If the employer still does not pay any benefits, the employee’s other option is to file a claim at the Commission. Please note that an accident report does not trigger any action by the Commission. The Commission becomes involved only if the employee files a claim and follows the procedures to request a hearing.
  3. Is there a filing fee for filing documents at the Commission? No. There are no fees for the forms or to file a claim.
  4. Does the employer have to pay the award for benefits while the appeal is pending? While an appeal is pending, the employer is not required to pay the benefits awarded by the arbitrator. If the case is ultimately resolved completely in the employee’s favor, interest will be added to the award, based on governmental bond rates at the time of the decision. There is also a 1% per month interest charge on medical bills, payable to the medical provider.
  5. Can the employee choose a doctor or hospital from which to receive treatment? Generally, the employee may choose the provider where he or she seeks treatment. However, there may be some limitations both on the number of providers seen by the employee or on which particular providers that an employee may choose. The employee must choose carefully so that he or she does not end up becoming personally responsible for medical bills. The employee’s choice of provider will be limited to a selected network of providers if an employer has established what is called a Preferred Provider Program or “PPP.” If there is a PPP, the employee has a choice of two physicians from the network within the PPP. If an employer does not have a PPP, then the employee has a choice of any two providers. This does not include referrals from those two providers. First aid and emergency care are not considered to be one of the employee’s two choices. Non-emergency care obtained before the employee reports the injury to the employer does not count as one of the two choices.
  6. How long can an employee receive TTD benefits? The employer pays TTD benefits to an injured employee until the employee has returned to work or has reached maximum medical improvement or “MMI.”
  7. What are temporary partial disability (TPD) benefits? TPD is the benefit that may be received during the period in which an injured employee is still healing and is working light duty, on a part-time or full-time basis, and earning less than he or she would earn in the pre-injury employment. The employer pays TPD benefits to an injured employee until the employee has returned to his or her regular job or has reached maximum medical improvement.
  8. What is vocational rehabilitation? Vocational rehabilitation includes but is not limited to counseling for job searches, supervising a job search program, and vocational retraining, including education at an accredited learning institution.
  9. Is an employee eligible for compensation for pain and suffering for a work-related injury? Employees are not compensated for past pain and suffering, only for the residual pain that is part of the permanent disability.
  10. Can an employee receive both PTD (permanent total disability) and Social Security? Yes, if the employee qualifies under the terms of each program. If an employee receives both benefits, the Social Security Administration will apply a formula that may result in a reduction in the Social Security benefit.
  11. What is the burial benefit? For injuries resulting in death that occurred before February 1, 2006, a benefit of $4,200 is provided to the survivor or the person paying for the burial. For injuries resulting in death occurring after February 1, 2006, the benefit is $8,000.

The biggest problem with this book is that it’s not well updated and isn’t always plain English. For example, the burial benefit is for people killed on the job. It means your family will be reimbursed $8,000 for burial costs. This rule was amended in 2006 which isn’t relevant to know anymore. It’s a good idea to have this book, but my take is that it’s not well executed.

All that said, if you have any questions about anything related to Illinois workers’ compensation law, please call us at 312-346-5578 for a free consultation with an attorney.