When I get called by someone who tells me that they do not know anything about Illinois workers’ compensation law, it is usually someone who is younger or in a profession that does not see a lot of work related injuries.

But every now and then I get called by someone who I might (wrongly) assume knows a little about the work comp process and they tell me they know nothing. This happened recently when a guy who has been unloading semi trucks for over 35 years called me about a back injury. His exact words were, “I’m nervous because this is all so new to me.”

It’s crazy and awesome that he has been able to work that long without getting hurt. He is definitely a keep your head down, do your job and go home type of guy. He was also smart enough to know that he needs guidance now.

What Should You Know About Illinois Workers’ Compensation Law?

I don’t think I could tell you everything you need to know because unique issues come up and every case is different. I did write a few years ago a post about the basics of Illinois work comp law. That said, here are some important tidbits that will hopefully set your mind at ease:

  • Illinois work comp law is a no fault law. That means if you fall off a truck because you clumsily missed a step, you still get benefits even if you were partially at fault. You also do not have to prove your employer was at fault.
  • What you do have to show is that your injury arose out of your job duties. For most people that means doing your work led to an injury. That can be true even if your injury happened from walking down a hallway and slipping on a wet floor.
  • If you do have a case, you do not need to worry about health insurance. 100% of your medical care should be covered. That means no co-pays or no out of pocket expenses. And generally speaking you get to choose your own doctor.
  • There is a time limit for reporting your injury to your employer. You have to do so within 45 days of when you knew or should have known you have a work related injury. The sooner the better.
  • If you have to miss work because of this, which means a doctor takes you off work or gives you restrictions your employer can’t accommodate, you will receive 2/3 of your average weekly wages, tax free. There is no cap on how long you can receive those benefits.
  • There is a lot that I could say about the work comp insurance company. Just know this. Even if they seem like they are doing the right thing (which often they are not), they are not looking out for you. Their goal is to either deny your claim or cut off your benefits as soon as possible. Do not talk to them. Definitely do not give them a recorded statement. And do not take legal advice for them or assume if they tell you that you have no case or the case is closed that it is true.
  • Eventually, when you are all recovered from your injury and back to work, you will be eligible for a settlement although it is not mandatory that they give one. How much your case is worth is dependent on a lot of factors, the biggest being how bad your injury is, what treatment you had and what your ultimate recovery is. Some cases are worth a few thousand dollars while more serious injuries could be worth many hundreds of thousands of dollars. If an attorney tells you what your case is worth shortly after you are injured, they are lying to you as there is no way to know at that point.
  • Hiring an attorney does not cost anything. Illinois workers’ compensation lawyers work on a contingency basis. Our fees are capped at 20% of what we recover for you. Getting an attorney early in the process can save your case and protect you from insurance company tactics such as nurse case managers and independent medical exams.

There is of course a lot more to these cases, but those eight points are ones that I wish everyone knew. It is a very good starting point.

If you would like a free case review or just have some questions, please contact us any time at 312-346-5578 or start a live chat. We cover all of Illinois via our state wide network and promise to treat you the same way we would our friends and family if they were in the same situation.