If you have been injured on the job, it is important to preserve your rights by talking to an experienced workers’ compensation and personal injury attorney. Remember: most of the information gathered by an insurance company during its investigation is being used to build a case against you. Call us today for a free consultation.
What is Workers’ Compensation?
Workers’ Compensation is a system of benefits created by Illinois law for employees who have suffered from work-related injuries or diseases. The Illinois Workers’ Compensation Commission is responsible for administering the law, providing information/assistance to employees and employers, and resolving any disputes regarding the employees’ entitlement to benefits. The Workers’ Compensation Commission does not pay benefits; this is the sole responsibility of the employer and the employer’s insurance company.
What injuries are covered?
In most instances, Workers’ Compensation benefits are paid for accidental injuries that are caused, in whole or in part, by the employee’s work. Injuries are accidental if they happened without plan or design. This includes injuries brought on by the repetitive use of a part of the body, such as Carpal Tunnel Syndrome. Workers may also be compensated for aggravation of pre-existing conditions. For example, re-injuries to an employee’s back while on the job would qualify for coverage under the Illinois Workers’ Compensation Act.
What does a Workers’ Compensation claim cost me?
Nothing! Benefits are paid to you by your employer’s insurance carrier. The costs of these benefits cannot be charged to you, nor can you be fired for filing a claim after you have been injured. Workers’ Compensation payments are not subject to state or federal income tax and need not be reported on tax returns as income. Our office does not charge a fee unless we recover benefits for you.
Who is covered under the Workers’ Compensation Act?
Almost every employee who is hired, injured, or whose employment is localized in the state of Illinois is covered by the Workers’ Compensation Act. This means that Workers’ Compensation coverage applies to both residents and non-residents of Illinois. The Act covers anyone who was injured in Illinois or anyone that was hired in Illinois but injured on the job in another state. Employees are covered from the moment they begin employment.
(1) Medical Expenses:
All reasonable medical expenses incurred because of an injury should be paid for by the employer’s Workers’ Compensation insurance carrier. This includes, but is not limited to, ambulance fees, emergency room service, hospital services, doctors’ fees, physical or occupational therapy, prescription drugs, and vocational rehabilitation.
(2) Temporary Total Disability (TTD):
If your injury causes you to miss work for more than three (3) days, you are entitled to receive 66.66% of your average weekly wage. This benefit lasts until you can return to your job. To receive this benefit, your doctor must provide you with a signed prescription that determines the number of days you will be unable to work. Typically, your doctor will order you to refrain from returning to work until the date of your next doctor’s appointment. At this next appointment, your doctor may extend your time off if deemed necessary.
(3) Additional Benefits:
Depending on the severity and the permanency of your injuries, you may also be entitled to payments for Disfigurement, Permanent Partial Disability (PPD), or Permanent Total Disability (PTD). These benefits may be paid in lump sum.
*If an injury results in the death of an employee, benefits would be paid to the dependents of the employee.
If you are injured on the job, you should seek immediate medical treatment. You should also report any injury, even if it does not appear to be serious, as soon as the incident occurs. This is especially true about neck and back injuries which may not appear to be serious at the time of the injury, but may become disabling within hours or days after the injury. It is important to notify any doctor that you see that you are being treated for a work-related injury. You should immediately report the incident to your supervisor, foreman, boss or any other person in charge. Also, ask to fill out an incident report. In addition, it is a very good idea to keep a diary or log of the benefits you receive, the days you miss from work, the medical treatment you receive, and any pain you experience.
Yes. You may seek treatment from your own physician so long as the treatment is reasonable and necessary. Your employer may ask you to be seen by an independent medical examiner (of the employer’s choice) for an evaluation, but you can still choose to see any physician you would like for treatment.
The law requires the employee to notify the employer of the date and place of the accident if known. To avoid delays, it is best to also give your name, address, telephone number, social security number, and a description of how the accident occurred. You may give your employer notice orally or in writing.
You have forty-five (45) days after the date of the accident to report it. If notice is not given within 45 days, you may lose your right to compensation and other benefits.
Notifying your employer of your injury does not automatically guarantee you will receive the benefits entitled to you under the Workers’ Compensation Act. In fact, it is common that an employer will not inform an injured employee of the benefits due to him/her under the Act. To protect your interests and you right to compensation, a claim must be filed with the Illinois Workers’ Compensation Commission. Though you can file a claim with the Commission on your own behalf (pro se), you should contact an attorney to assist you. Your employer has attorneys – so should you!
Yes. You have three years from the date of the accident or two years from the date you receive your last compensation payment (e.g., medical bills paid or Temporary Total Disability benefits). If you do not file within this timeframe, you will be forever barred from seeking compensation as a result of your injuries, and you will lose your rights to all benefits. These dates can be confusing, so it is best to consult an attorney.
If you are unable to return to the same job and cannot earn as much money, you may be entitled to receive a wage differential award. The wage differential is two-thirds of the difference between the amount the injured worked is able to earn after the injury and the amount the injured worker would have earned in the occupation he/she had at the time of the injury.
It is against Illinois law to fire, discriminate against, or harass an employee for filing a Workers’ Compensation claim. In the rare case that an employer fires an employee because he/she filed a Workers’ Compensation claim, the employee may have a retaliatory discharge case against the employer in which the employee can recover lost pay and other damages.
Call our office for a free consultation! There is no charge for an office visit or a phone call to discuss your potential claim. We will gladly answer all your questions and concerns. If you should decide to retain our office to file your claim, you do not prepay any fees nor expenses to us. Fees and expenses are paid only when the employee receives benefits.
We pride ourselves on the fact that our attorneys are accessible to our clients at every step in the process. The rights of our clients are the core concern of our practice and we consistently take cases through trial in order to protect our clients rights. It is no accident that Kevin M. O’Brien & Associates has become a distinguished personal injury and workers’ compensation practice in Chicago.
If you have been injured, it is important to preserve your rights by talking to an experienced attorney. Remember: most of the information gathered by an insurance company during its investigation is being used to build a case against you. Call us today for a free consultation.