Chicago Workers’ Compensation Attorney

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CONSULT AN EXPERIENCED WORKERS’ COMPENSATION ATTORNEY

Workers’ compensation is a system of benefits for most employees who have work-related injuries or occupational diseases. Benefits are generally paid regardless of fault. Every case depends on its own facts, and this page is general information, not legal advice.

Understanding Illinois Workers’ Compensation

Who is covered

Most employees who are hired, injured, or whose employment is localized in Illinois are covered by the Illinois Workers’ Compensation Act, starting from the first day of the job.

What injuries and illnesses qualify

An injury is eligible when it arises out of and in the course of employment. This generally means the injury results, at least in part, from your work. Occupational diseases are covered under the Illinois Workers’ Occupational Diseases Act.

Who pays

By law, the employer bears the cost of benefits, usually through workers’ compensation insurance. Some employers are approved to self-insure. No part of the premium or the benefits can be charged to the employee. Workers’ compensation benefits are not taxable income.

Benefits That May Be Available

Depending on the facts of your case, the Act provides these categories of benefits.

Medical care

The employer must pay for medical care that is reasonably necessary to cure or relieve the effects of the injury. This can include doctor visits, hospital care, surgery, physical therapy, and prescriptions.

Temporary total disability (TTD)

TTD is paid while you are off work recovering, or released to light duty that your employer cannot accommodate. It is two-thirds of your average weekly wage, subject to minimum and maximum limits listed on the IWCC benefits page.

Temporary partial disability (TPD)

TPD may be paid if you are working light duty and earning less than before the injury (for injuries on or after February 1, 2006).

Vocational rehabilitation and maintenance

If you cannot return to your old job, the employer may have to pay for rehabilitation, along with maintenance benefits while you take part in an approved program.

Permanent partial disability (PPD)

PPD may be awarded if the injury causes some permanent loss, or loss of use, of a body part or of the person as a whole. The Commission cannot decide PPD until you reach maximum medical improvement.

Permanent total disability (PTD) and death benefits

PTD applies when an employee is permanently unable to do any kind of work for which there is a reasonably stable employment market, or has certain complete losses of use. Death benefits may be available to surviving family members.

Three Different Steps: Notice, Filing, and Payment

These steps are often confused, but they are separate. For a practical checklist of what to do right after an accident, see our Workplace Injuries guide.

Step 1: Notice to your employer

Tell your employer about the injury. Notice can be oral or written and should include the approximate date and place of the accident. Generally, give notice as soon as practicable and no later than 45 days after the accident. Delay can delay benefits. Occupational diseases and radiological exposure have different notice rules. Written notice makes the date easier to prove later.

Step 2: Filing a claim with the Commission

Telling your employer, or your employer reporting the accident to the Commission, does not start a case. The Commission becomes involved only when a claim is filed.

• Claims are filed electronically through CompFile, and there is no filing fee.
• The Application for Adjustment of Claim is completed directly in CompFile. See the IWCC forms page and the guidelines for employees filing without an attorney.
• In most cases the deadline is three years after the injury, or two years after the last TTD or medical payment, whichever is later. Some disease and death cases have different deadlines.
• Missing a deadline can mean losing the right to future benefits.

Step 3: Payment of benefits

Benefits are paid by your employer or its insurer, not by the Commission.

• If you cannot work for more than three days, the employer must start TTD, explain in writing what information it still needs, or explain in writing why benefits are denied.
• TTD is not paid for the first three lost workdays unless you miss 14 or more calendar days.
• The first TTD payment should be made within 14 days after the employer receives notice.

The Usual Path of a Claim

After a claim is filed

The Commission assigns a case number and an arbitrator. The case is set for a status call every three months, and it is the parties’ responsibility to move it forward.

Getting ready for trial

An arbitrator generally cannot resolve a case until you reach maximum medical improvement, except in emergency hearings. By the time a case is ready for trial, one to two years may have passed.

Emergency hearings

Section 19(b) and 19(b-1) petitions can lead to a faster ruling on issues like medical care and TTD. They have technical requirements and do not decide every issue in the case.

Decisions and appeals

After a trial, the arbitrator issues a decision. Either side may appeal to the Commission, and then to the circuit court and higher courts.

Settlement

Most filed cases end in a settlement contract. A settlement is not binding until the Commission approves it. An approved settlement generally ends your right to future cash and medical benefits, even if your condition gets worse, unless the contract says otherwise. Read it carefully before signing.

Common Disputes in Workers’ Compensation Cases

In a disputed case, you carry the burden of proving that you qualify. If your benefits have been denied or delayed, our Workplace Injuries page explains how to ask for the reason in writing and organize your evidence.

Issues the employee must prove

• The employer is covered by the Act
• An employer-employee relationship existed
• An accident or exposure arose out of and in the course of employment
• The medical condition was caused or aggravated by work
• The employer received notice on time

Other frequent disagreements

Parties often disagree about the extent of disability, the average weekly wage, whether treatment was reasonable and necessary, and penalties. Employers may also use a utilization review or require an exam by their own doctor.

Choosing a doctor

You can generally choose your provider, but there are limits. If your employer has a Preferred Provider Program, your choice may be limited to its network. Without one, you generally have a choice of two providers. Choose carefully so you do not become personally responsible for bills.

Your Rights at Work

An employer cannot harass, fire, refuse to rehire, or discriminate against you for exercising your rights under the Act. You can still be disciplined or fired for other valid reasons. If your employer does not have workers’ compensation insurance, you may have the option to sue in civil court.

Do You Need a Workers’ Compensation Attorney?

You are not required to hire one. Without an attorney, you must track your claim, attend hearings, and present proof yourself. Attorney fees in these cases are limited by law, and the fee must be stated on a Commission-approved agreement form. The Commission cannot recommend attorneys, but it publishes a list of attorney referral services.

If you would like to talk through your situation with the Law Offices of Timothy Henderson, call (312) 444-9400 or contact us online. If your injury involved a third party, such as a driver or equipment manufacturer, see our Personal Injury page. You can also browse all of our practice areas.