Workers’ compensation is a state-mandated insurance program for employers to provide coverage to employees who are injured or ill because of their work. It protects employers from lawsuits from employees and helps injured employees gain access to medical treatment and receive compensation for lost wages.
The Illinois Workers’ Compensation Act is considered one of the first major workers’ compensation programs that benefits employees in the United States. Passed by the Illinois General Assembly in 1911, it protects both companies and employees from the burden of filing lawsuits for workplace injuries and illnesses.
Who Is Covered Under the Illinois Workers Compensation Act?
Generally, all employees are eligible for workers’ compensation under the Illinois Workers Compensation Act, as long as the employer is principally localized in the state. This includes part-time and seasonal workers, as well as undocumented workers who are entitled to the same benefits as U.S. citizens. It also applies to remote workers residing in other states and during work-related travel for employees living in Illinois.
A sole proprietor or a business partner can opt out of coverage for workers’ compensation under current Illinois law. In most cases, independent contractors who work under a 1099 arrangement are not covered.
However, the classification of independent contractors could be different under Illinois law. If you were hurt while on a contract, it is possible that you might be able to recover compensation like an injured employee would. An Illinois workers’ comp attorney from Rosenfeld Injury Lawyers can help you understand your eligibility for benefits.
What Does the Illinois Workers Compensation Act Cover?
Workers’ compensation benefits are available for injuries or illnesses sustained at work, including:
- Slip and fall injuries
- Accident injuries
- Injuries related to lifting heavy objects
- Repetitive motion injuries
- Mesothelioma
- Legionnaires’ disease
Benefits Provided Under the Workers Compensation Act
There are different types of benefits covered under this Act for your workers’ compensation case, including:
- Medical: Coverage for necessary medical bills related to workplace injuries
- Temporary total disability: Compensation for lost wages while a person is temporarily unable to work and currently under a doctor’s care
- Permanent partial disability: Compensation for permanent physical loss or disability from workplace injuries
- Permanent total disability: Lifetime financial support worth up to two-thirds of your average weekly pay for life if you suffer a work-related injury that leaves you permanently unable to work
- Vocational rehabilitation: Assistance to help find other employment, if your injury will not allow you to return to the same position through vocational retraining and job counseling
- Death benefits: Surviving family members can be compensated
How to File a Workers Comp Claim in Illinois
You must meet all deadlines when filing for workers’ compensation in Illinois. This includes notifying your employer within 45 days, filing a claim within three years per Illinois’ workers’ compensation statute of limitations, and following these steps:
- Report the accident to your employer, usually through your manager and the HR department
- Seek immediate medical care so that it’s easier to connect your workplace injuries or illnesses to what happened at work
- Discuss your workers’ compensation case with a lawyer
- Register and file your workers’ compensation claim with CompFile
- Wait for the decision from the Workers’ Compensation Commission
What Happens If a Claim Is Denied
Sometimes, the Workers’ Compensation Commission will deny your claim. Some common reasons for denials include:
- Failure to report the injuries or illnesses within 45 days
- Lack of medical evidence
- Discrepancies in your filing
- Employee fault, such as in the case of intoxication, reckless behavior, or intentional injuries
- Your company disputed the claim
You do not have to accept the denial of your claim. It is possible to dispute the outcome. A workers’ comp attorney can help you. Here are the steps you should take to appeal a workers’ compensation denial:
- File a petition for review within 30 days of the notice of denial with a written summary of your appeal
- File a statement of facts or transcript of the arbitration hearing within 35 days.
- Present your written argument and present up to a 10-minute oral argument to an IWCC arbitrator at a scheduled hearing.
- Wait for the IWCC’s appeal decision.
You can also collect more evidence and hire an employment attorney to help you appeal a workers’ comp denial. The appeals process is tedious and challenging, so having a lawyer available to assist you who has gone through the process before can reduce the burden and help you navigate the process from start to finish.
The Role of the Illinois Workers Compensation Commission (IWCC)
The Illinois Workers’ Compensation Commission (IWCC) is responsible for resolving disputes between employees and their employers, ensuring compliance with state regulations, and approving self-insurance for employers.
The IWCC has the final say in workers’ comp claims in Illinois and employment results. If you want to appeal its decision, you must go through its processes.
Employer Responsibilities Under the Illinois Workers Compensation Act
All employers are liable for instances of injuries or illnesses to their employees while on the job. The company must be insured or elect for self-insurance to provide workers’ compensation for their employees.
They must report all injuries and illnesses to the appropriate state organizations promptly using the correct form, as required by law. They must also pay for medical expenses and temporary total disability when warranted.
Employee Rights and Responsibilities
While your company has responsibilities to its employees and the state, as an employee, you also have rights and responsibilities under this act. This includes:
- The duty to report injuries within 45 days
- The right to medical treatment
- Protection against retaliation
If you wait too long past the date of your accident to start the process, you might forfeit your right to receive compensation. It is important to provide notice to your employer and to file out the appropriate form for the IWCC as soon as possible to protect your rights.
Common Misconceptions About Workers’ Compensation in Illinois
Unfortunately, there are many misconceptions people believe when it comes to workers’ comp in Illinois. One of the most pervasive myths people have is that only severe injuries qualify for compensation. This is not the case. There is no minimum threshold for how injured you have to be to qualify.
Another prevalent myth is that you can’t receive compensation for repetitive stress injuries. As long as you can prove that your work duties or an accident aggravated your pre-existing condition or caused the development of your condition, you can.
One of the biggest myths about workers’ comp insurance is that you have to be an employee, not an independent contractor, to apply. While in many cases this is true, many independent contractors are misclassified under state laws, and there are instances when they would be entitled to be insured under this program.
Discussing your case with a Chicago workers’ comp attorney from our team is a good way to know for sure whether you could be considered an employee instead of a contractor for these purposes.
State vs. Federal Workers Compensation Laws
Both federal and state workers’ compensation laws come into play when dealing with injured employee claims. Each business must know how the differences in the two sets of laws impact their operations, liability, and legal requirements.
Federal employees are not covered by state workers’ comp benefits. Instead, they are covered by exclusive federal programs, such as the Federal Employees’ Compensation Program (FECA). Other employers, such as the railroad industry and the Chicago Police Department, have different programs for injured employees.
How the Illinois Workers Compensation Act Compares to Other States
Generally, Illinois has much more generous workers’ comp laws than other neighboring states, such as Indiana, Wisconsin, and Missouri. Some of the unique features of the program in Illinois include:
- Coverage for two doctors plus their chains of referrals within the preferred provider network
- Higher disability caps for weekly pay based on average state wages
- Short waiting period of just three days before weekly pay rules apply
- No total benefit caps
Secure Expert Legal Counsel!
If you need help with your workers’ comp case, contact Rosenfeld Injury Lawyers for a free consultation by filling out our contact form or calling toll-free at (888) 424-5757.
Our workers’ compensation attorneys are here to provide you guidance throughout the entire process, even though appealing denials. A member of our team is available 24/7. There are no upfront costs for our assistance, as we work on a contingency basis.