Illinois Workers Compensation Lawyers
At 217 Law, we help clients in Central Illinois with work injuries and workers compensation claims.
Downstate Illinois Work Injury Lawyers
If you were injured at work in Illinois, you have legal rights. Under the Illinois workers’ compensation act, you are entitled to medical care, wage replacement, and compensation for permanent injuries.
But here’s the truth: insurance companies do not exist to protect you. Instead, they seek to limit payouts.
At 217 Law, we help injured workers across Central Illinois. Consultations are free and we only get paid if you recover.
If you suffer a workplace injury in Central Illinois, contact 217 Law immediately before trying to navigate the Illinois workers’ compensation system alone. Future you will be glad you did.
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Courtney Anderson
Courtney practices criminal defense, family law, and personal injury. Never shy of a difficult or high-profile case, she has won numerous awards for her advocacy.
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Fallon Conner
Fallon practices criminal defense and family law. A former prosecutor, she enjoys being in the courtroom and has been successful in many bench and jury trials.
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Zach Anderson
Zach focuses on helping injured clients with workers compensation, personal injury, and products liability claims. He has recovered millions for his clients.
Frequently Asked Illinois Workers Compensation Questions
What is workers compensation law in Illinois?
Workers’ compensation in Illinois is a no-fault system designed to provide medical care and wage replacement benefits to employees who are injured in the course of their employment. The system is governed by the Illinois Workers’ Compensation Act, 820 ILCS 305/1.
Unlike a traditional injury lawsuit, an injured worker does not need to prove that the employer was negligent. Instead, the worker must show that the injury arose out of and in the course of employment.
In exchange for guaranteed benefits, employees generally cannot sue their employer in civil court for workplace injuries. The law is intended to ensure injured workers receive prompt medical treatment and financial support while they recover.
What is the Illinois workers compensation commission?
The Illinois Workers’ Compensation Commission (IWCC) is the state agency that administers and oversees workers’ compensation claims in Illinois. The Commission assigns arbitrators to hear disputes, approves settlements, enforces procedural rules, and ensures compliance with the Act.
When disagreements arise over medical treatment, wage benefits, or permanent disability, those disputes are resolved before an IWCC Arbitrator rather than a traditional Judge.
Who is covered by the Illinois workers compensation act?
Most employees in Illinois are covered by the workers’ compensation act, regardless of whether the employee is full-time or part-time. Coverage begins on the employee’s first day.
Independent contractors are generally not entitled to receive workers’ compensation benefits. However, regardless of what title an individual has, whether that person is an independent contractor or employee is fact-specific determination that is decided through the IWCC.
What injuries are covered by the Illinois workers compensation act?
The Illinois workers’ compensation act covers injuries that arise out of and in the course of employment. This includes both sudden accidents and injuries that develop over time. Covered injuries commonly include back injuries, herniated discs, knee and shoulder tears, fractures, repetitive trauma such as carpal tunnel syndrome, occupational diseases, and work-related aggravation of pre-existing conditions. The focus is not whether the job was the only cause, but whether employment was a contributing cause.
Can an Illinois employer get in trouble for not having work comp insurance?
Yes. Illinois law requires most employers to carry workers’ compensation insurance or qualify as self-insured. Failure to maintain coverage can result in significant penalties, including fines for each day of noncompliance and even potential criminal liability. Notably, an employer’s failure to carry workers compensation insurance does not eliminate an injured worker’s right to benefits in Illinois.
Who pays work comp benefits in Illinois?
Workers’ compensation benefits are typically paid by the employer’s insurance company. In some cases, large employers approved as self-insured may pay benefits directly.
Regardless of who issues the check, the employer is legally responsible for ensuring that benefits are provided. Benefits are not paid by the injured worker and are not funded through employee paycheck deductions.
What benefits are available under the Illinois workers compensation act?
The Illinois workers’ compensation act provides several types of benefits, including but not limited to:
Medical care that is reasonably required to cure or relieve the employee of the effects of the injury
Temporary total disability (TTD) benefits while the employee is off work, recovering from the injury
Temporary partial disability (TPD) benefits while the employee is recovering from the injury but working on light duty for less compensation
Vocational rehabilitation/maintenance benefits are provided to injured employees who are participating in an approved vocational rehabilitation program
Permanent partial disability (PPD) benefits for an employee who sustains some permanent disability or disfigurement, but can work
Permanent total disability (PTD) benefits for an employee who is rendered permanently unable to work
Death benefits for surviving family members
Are Illinois workers compensation benefits taxable?
In general, workers’ compensation benefits in Illinois are not subject to state or federal income tax. Temporary total disability benefits, permanent disability benefits, and settlement proceeds are typically tax-free under federal law. Because workers’ compensation payments are considered compensation for workplace injuries rather than wages, they are not treated as taxable income in most situations. However, tax consequences can vary depending on individual circumstances, particularly when social security disability benefits are involved, and consultation with a tax professional may be appropriate.
How much does an Illinois workers compensation lawyer cost?
Attorney fees in Illinois workers’ compensation cases are capped by law. In most cases, the attorney’s fee is limited to 20 percent of the compensation recovered. All attorney fees must be set forth in writing and approved by the Illinois Workers’ Compensation Commission.
Who should a hurt worker in Illinois notify?
If an employee is injured at work in Illinois, they must notify their employer. This typically means informing a supervisor, manager, foreman, or human resources representative that a workplace injury occurred.
What does a notice of a work injury need to include?
Under the Illinois Workers’ Compensation Act, notice of a workplace accident should include the date and place of the accident. Notice may be given either orally or in writing. The key requirement is that the employer is clearly informed that a work-related injury occurred, along with when and where it happened.
Are there time limits for reporting a work injury in Illinois?
In most Illinois workers’ compensation cases, an employee must notify the employer as soon as practicable, but no later than 45 days after the accident. Delays can slow the payment of benefits and create disputes over whether the injury is work-related. For occupational diseases and repetitive trauma injuries, notice must be given as soon as practicable after the employee becomes aware of the condition and its connection to employment.
What does an employer do after receiving notice of a workplace accident?
Once an employer in Illinois receives notice of a work injury, they should take prompt action by providing necessary first aid and medical services and notifying its workers’ compensation insurance carrier, even if the claim is disputed. If the employee misses more than three days of work due to the injury, the employer should either begin paying Temporary Total Disability benefits, provide a written explanation of additional information needed, or provide a written denial explaining why benefits are not being paid.
What happens if workers compensation benefits are not being paid?
Injured workers should pursue unpaid benefits through the Illinois Workers Compensation Commission. Filing an accident report alone does not trigger Commission involvement. Instead, the Commission becomes involved only after a formal claim is filed and a hearing is requested.
Can a hurt worker be fired for pursuing workers compensation benefits?
Illinois law prohibits employers from harassing, discharging, refusing to rehire, or otherwise discriminating against an employee for exercising rights under the Workers’ Compensation Act. Retaliation for reporting a workplace injury or filing a claim may give rise to a separate lawsuit for damages in circuit court. However, an employee with a pending workers’ compensation claim may still be disciplined or terminated for legitimate, non-retaliatory reasons unrelated to the claim.
What happens after a workers compensation claim is filed?
After a claim is filed with the Illinois Workers’ Compensation Commission, a case number and arbitrator are assigned. The case is automatically set for a status call every three months. At each status call, either party may request a trial. If neither party requests trial, the case is continued. This process continues for up to three years, during which it is the responsibility of the parties to move the case forward. Arbitrators do not monitor individual benefit payments unless a hearing is requested.
What are the time limits for filing a workers compensation claim?
In most cases, an employee must file a claim within three years of the date of injury or within two years of the last payment of Temporary Total Disability benefits or medical expenses, whichever is later. Missing these deadlines generally results in the permanent loss of the right to future benefits.
Does an injured worker have to hire a workers compensation lawyer?
An employee is not required to hire an attorney to file a claim with the Illinois Workers’ Compensation Commission. However, most injured workers do work with workers compensation lawyers because the system involves procedural rules and evidentiary requirements that can significantly impact the outcome. If an employee chooses not to hire an attorney, they are responsible for tracking deadlines, appearing at hearings, and presenting sufficient evidence to prove eligibility under the law. Arbitrators and commissioners are neutral decision-makers and cannot provide legal advice.
Does an injured employee have to prove to obtain Illinois work comp benefits?
In Illinois workers’ compensation cases, the burden of proof rests with the employee. That means the injured worker must demonstrate that the injury arose out of and in the course of employment and that all required legal elements are satisfied before benefits will be awarded.
What are commonly disputed issues in Illinois work comp claims?
Workers’ compensation cases in Illinois often involve disputes over specific legal elements that must be proven in order to recover benefits. Some common disputes between hurt workers and insurance companies include jurisdiction, the existence of an employment relationship, whether an accident occurred, causal connection between the injury and employment, and timely notice to the employer.
How are work comp claims resolved at the Illinois Workers Compensation Commission?
When a workers’ compensation claim cannot be resolved through agreement, it may proceed to arbitration or trial before the Illinois Workers’ Compensation Commission. An arbitrator conducts a formal hearing, reviews medical evidence, considers testimony, and applies Illinois law to determine eligibility for benefits.
Is there a way to get a quick decision in an Illinois work comp case?
Illinois law provides emergency procedures — commonly referred to as a 19(b) hearing — that may allow certain disputes to be resolved more quickly. These hearings can address urgent issues such as unpaid temporary total disability benefits or denied medical treatment.
Can a workers compensation case in Illinois be settled?
Most workers’ compensation cases in Illinois are resolved through settlement rather than trial. These agreements, known as settlement contracts, allow the parties to compromise and close the claim based on mutually agreed terms.
What are the consequences of an Illinois work comp settlement?
A workers’ compensation settlement must be approved by the Illinois Workers’ Compensation Commission to become legally binding. Once approved, a settlement contract typically closes the case and may terminate rights to future benefits unless specific terms state otherwise.
Does a work comp settlement need approval from the Illinois Workers Compensation Commission?
Under Illinois law, a settlement that is not approved by the Workers’ Compensation Commission does not properly close a claim. Without approval, filing deadlines may remain open, and the agreement may not be legally enforceable.
What is a lump sum settlement in Illinois workers compensation?
A lump sum settlement allows a workers’ compensation claim to be resolved through a single payment rather than ongoing benefits. While this type of agreement can provide immediate compensation and finality, it may also permanently close rights to future wage or medical benefits.
What medical benefits are available in Illinois workers compensation cases?
The Illinois Workers’ Compensation Act requires employers to pay for medical treatment that is reasonably necessary to cure or relieve the effects of a work-related injury.
Medical benefits are a central component of workers’ compensation protection under Illinois law.
Who pays for medical care in Illinois workers compensation cases?
In an Illinois workers’ compensation claim, medical providers are typically paid directly by the employer or its insurance carrier. The injured worker is generally not responsible for co-payments or deductibles. Proper billing procedures and timely communication between providers and insurers are important to avoid disputes.
Can a medical provider bill an injured worker during an Illinois work comp claim?
While a workers’ compensation case is pending before the Commission, medical providers generally cannot attempt to collect payment directly from the injured worker after being notified of the claim. This practice, also referred to as balance billing, is restricted while the dispute is pending.
These protections help prevent financial hardship during ongoing litigation.
Does a hurt worker get to pick their own doctor during a work comp claim in Illinois?
Illinois workers’ compensation law generally allows employees to choose medical providers, subject to certain limitations. If the employer has established a Preferred Provider Program, treatment must be selected from that network, and the employee typically has two physician choices within the program. If no network exists, the employee may generally choose any two providers. Referrals from those providers do not count as additional choices.
What responsibilities does an employee have regarding medical care in Illinois work comp claims?
Employees have important responsibilities after a work injury. Prompt medical attention should be sought, and cooperation with treatment providers is essential.
The employer must be informed of chosen providers, and relevant medical information must be supplied so the claim can be evaluated. While unlimited access to all medical history is not required, sufficient documentation related to the claimed condition must be provided.
Failure to provide necessary medical information may delay or affect benefits.
What is an Independent Medical Examination (IME) in Illinois workers compensation cases?
Under the Illinois Workers’ Compensation Act, employers may request that an injured worker attend a medical examination with a physician of the employer’s choosing.
Independent medical examinations are a common part of disputed workers’ compensation claims in Illinois.
Is a nurse case manager required in Illinois work comp cases?
Under Illinois workers’ compensation law, an injured employee is not required to allow a nurse or case manager hired by the employer or insurance company to manage medical treatment. Participation in case management may be refused or limited without affecting eligibility for benefits. That being said, sometimes nurse case managers can be helpful during a claim.
Understanding the role and limitations of employer-hired nurse case managers can help injured workers maintain appropriate control over medical treatment during an Illinois workers’ compensation claim.
What are temporary partial disability benefits in Illinois work comp cases?
Temporary partial disability (TPD) benefits may be available when an injured employee is still recovering from a work-related injury but has returned to work in a limited capacity and is earning less than before the injury.
Understanding when temporary partial disability benefits apply is an important part of evaluating wage-loss benefits under the Illinois Workers’ Compensation Act.
How are temporary partial disability benefits calculated in Illinois work comp cases?
Temporary partial disability benefits in Illinois are calculated based on the difference between pre-injury earnings and wages earned while working light duty during recovery.
In general, the benefit equals two-thirds of the difference between pre-injury wages and post-injury earnings.
What is vocational rehabilitation in an Illinois work comp case?
Vocational rehabilitation services may be provided when a work-related injury prevents a return to the employee’s previous type of work.
Vocational rehabilitation includes services which are intended to help restore earning capacity following a work-related injury.
Vocational rehabilitation benefits can play an important role when permanent work restrictions prevent a return to prior employment.
When can a hurt worker get vocational rehabilitation in an Illinois workers compensation case?
Vocational rehabilitation benefits may be required when a work-related injury prevents a return to the pre-injury job.
In those circumstances, the employer may be responsible for paying for reasonable rehabilitation services. Maintenance costs and incidental expenses related to rehabilitation may also be covered.
What is permanent partial disability in an Illinois work comp case?
Permanent partial disability (PPD) refers to lasting physical impairment caused by a work-related injury.
PPD may involve the complete or partial loss of a body part, the loss of use of a body part, or a partial loss of use of the body as a whole. Loss of use generally refers to reduced physical ability compared to the employee’s condition before the injury.
What types of permanent partial disability benefits are available in an Illinois work comp case?
Illinois workers’ compensation law provides four primary categories of permanent partial disability benefits: wage differential awards, scheduled injury awards, person-as-a-whole awards, and disfigurement benefits.
Wage differential benefits apply when a work injury results in lower earnings after returning to employment. Scheduled injury awards apply to specific body parts identified in the statute. Person-as-a-whole awards typically apply to conditions such as back or neck injuries. Disfigurement benefits may apply in cases involving serious and permanent scarring.
Understanding these different categories is important when evaluating permanent disability under the Illinois Workers’ Compensation Act.
Can a hurt worker receive compensation for pain and suffering in an Illinois work comp case?
Illinois workers’ compensation benefits are not awarded for past pain and suffering in the same manner as civil personal injury cases.
Instead, compensation is based on the permanent effects of a work-related injury.
This distinction is one of the fundamental differences between workers’ compensation claims and civil injury lawsuits.
What is permanent total disability in an Illinois work comp case?
Permanent total disability (PTD) represents the highest level of disability under the Illinois Workers’ Compensation Act.
Permanent total disability may exist where there is a permanent and complete loss of use of major body parts such as both hands, both arms, both feet, both legs, both eyes, or a combination of two such parts. Permanent total disability may also exist where a work-related condition prevents the employee from performing any type of work within a reasonably stable labor market.
Permanent total disability benefits are intended to provide long-term income support when a work injury results in a permanent inability to work.
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